[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Rules and Regulations]
[Pages 42671-42675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-16730]



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  Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / 
Rules and Regulations  

[[Page 42671]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2, 30, 31, 32, 40, 50, 61, 62, and 70

RIN 3150-AI46
[NRC-2008-0397]


Administrative Changes

AGENCY: U.S. Nuclear Regulatory Commission (NRC).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule removes obsolete text, restores material 
removed inadvertently from the NRC's regulations, and makes 
administrative changes to the NRC's regulations to correct errors 
published in recent rulemaking documents. This final rule also updates 
the definition of a not-for-profit organization. This document is 
necessary to inform the public of these changes.

DATES: Effective Date: July 23, 2008.

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rulemaking, 
Directives, and Editing Branch, Division of Administrative Services, 
Office of Administration, Telephone 301-415-6863, e-mail 
[email protected].

ADDRESSES: You can access publicly available documents related to this 
document using the following methods:
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2008-0397]. Address 
questions about NRC dockets to Carol Gallagher 301-415-5905; e-mail 
[email protected].
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Public 
File Area O F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-899-397-4209, 301-415-4737, or by e-mail to 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    This final rule corrects miscellaneous errors contained in final 
rules published on October 16, 2007 (72 FR 58473) and January 31, 2008 
(73 FR 5709). This final rule also removes obsolete text published in a 
final rule on January 16, 1996 (61 FR 1109), and makes minor 
administrative changes to the NRC's regulations and corrects erroneous 
authority citations.

Rulemaking Procedure

    Because these amendments constitute minor administrative changes to 
the NRC's regulations, the notice and comment provisions of the 
Administrative Procedure Act do not apply pursuant to 5 U.S.C. 
553(b)(B). The amendments are effective upon publication in the Federal 
Register. Good cause exists under 5 U.S.C. 553(d) to dispense with the 
usual 30-day delay in the effective date of the final rule, because the 
amendments are of a minor and administrative nature dealing with 
administrative changes to the NRC's regulations due to errors published 
in other NRC rulemaking documents. These amendments do not require 
action by any person or entity regulated by the NRC, and the final rule 
does not change the substantive responsibilities of any person or 
entity regulated by the NRC.

Summary of Changes

    Section 2.280--The NRC increased the receipts-based small business 
size standard from $5 million to $6.5 million to conform to the 
standard set by the Small Business Administration (SBA). This size 
standard reflects the most commonly used SBA size standard for the 
nonmanufacturing industries. SBA adjusted this standard on January 23, 
2002 (67 FR 3041) and on December 6, 2005 (70 FR 72577) to account for 
inflation. On August 10, 2007 (72 FR 44989), NRC amended 10 CFR 
2.810(a)(1) and changed the size standard for a concern that provides a 
service for a concern not engaged in manufacturing but did not amend 10 
CFR 2.810(b) to change the size standard for a small organization that 
is a not-for-profit organization which is independently owned and 
operated. This final rule updates the definition of a not-for-profit 
organization.
    Sections 30.36(a), 40.42(a), and 70.38(a)--A final rule published 
on January 16, 1996 (61 FR 1109), extended certain types of licenses in 
effect at that time for an additional 5 years beyond their existing 
expiration date by revisions to Sec. Sec.  30.36(a), 40.42(a), and 
70.38(a). All of those licenses for which the expiration date was 
extended by this regulation have since expired. There is no longer a 
need for these provisions in the regulations. The text of these 
paragraphs reverts to the wording before the 1996 rulemaking.
    Section 30.64--Removes reference to Sec.  30.16.
    The authority citation for part 31, and Sec.  31.5 are revised to 
correct typographical errors.
    Sections 32.12, 32.20, 32.25(c), and 32.29, were revised in a final 
rule published on October 16, 2007 (72 FR 58473), to change the 
reporting period for material transfers to annual, to change the 
content of the reports, and to remove the requirement to send copies to 
the Regional offices. Additionally, these sections were changed to 
reflect a reorganization within NRC. This administrative rule revises 
Sec. Sec.  32.12, 32.20, 32.25(c), and 32.29 to restore the text as 
Originally stated in the October 16, 2007, rulemaking.
    Section 32.15(d)(2)(ii) is revised to correct a typographical 
error.
    Section 32.16 was revised in a final rule published on October 16, 
2007 (72 FR 58473) to change the reporting period for material 
transfers to annual, to make minor changes to the content of the 
reports, to remove the requirement to send copies to the Regional 
offices, and to delete the reference to the deleted Sec.  32.17. 
Additionally, the section was changed to reflect a reorganization 
within NRC. This

[[Page 42672]]

administrative rule revises Sec.  32.16 to restore the text as 
Originally stated in the October 16, 2007, rulemaking.
    Section 32.57--The term, ``radium-226,'' was added to the 
introductory text of Sec.  32.57 and should have been added to Sec.  
32.57(b)(1), (b)(3), (b)(4), (c) and the introductory text or 
paragraphs (d) and (d)(1). This was an omission in the October 1, 2007 
(72 FR 55863) rulemaking. This final rule adds the term ``or radium-
226'' after americium-241 in these paragraphs.
    Section 32.303--Removes reference to Sec.  32.17.
    Appendix E to part 50--Two paragraphs from Section I, and Sections 
IV.F.2.d through IV.F.2.h. were inadvertently removed from the Code of 
Federal Regulations in the implementation of the final rule published 
on August 28, 2007 (72 FR 49351). These sections are restored in this 
final rule.
    The authority cites for parts 61 and 62 are revised to correct 
typographical errors.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this rule.

Paperwork Reduction Act Statement

    This final rule does not contain information collection 
requirements and, therefore, is not subject to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
final rule; therefore, a backfit analysis is not required for this 
final rule because these amendments are administrative in nature and do 
not involve any provisions that would impose backfits as defined in 10 
CFR Chapter I.

Congressional Review Act

    In accordance with the Congressional Review Act of 1996, the NRC 
has determined that this action is not a major rule and has verified 
this determination with the Office of Information and Regulatory 
Affairs of OMB.

List of Subjects

10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Environmental protection, Nuclear 
materials, Nuclear power plants and reactors, Penalties, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

10 CFR Part 30

    Byproduct material, Criminal penalties, Government contracts, 
Intergovernmental relations, Isotopes, Nuclear materials, Radiation 
protection, Reporting and recordkeeping requirements.

10 CFR Part 31

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Packaging and containers, Radiation protection, Reporting 
and recordkeeping requirements, Scientific equipment.

10 CFR Part 32

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Radiation protection, Reporting and recordkeeping 
requirements.

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.

10 CFR Part 61

    Criminal penalties, Low-level waste, Nuclear materials, Reporting 
and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 62

    Administrative practice and procedure, Denial of access, Emergency 
access to low-level waste disposal, Low-level radioactive waste, Low-
level radioactive waste treatment and disposal, Low-level waste policy 
amendments act of 1985, Nuclear materials, Reporting and recordkeeping 
requirements.

10 CFR Part 70

    Criminal penalties, Hazardous materials transportation, Material 
control and accounting, Nuclear materials, Packaging and containers, 
Radiation protection, Reporting and recordkeeping requirements, 
Scientific equipment, Security measures, Special nuclear material.

0
For the reasons set out in the preamble and under the authority of the 
Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 
1974, as amended; and 5 U.S.C. 552 and 5 U.S.C. 553, the NRC is 
adopting the following amendments to 10 CFR Parts 2, 30, 31, 32, 40, 
50, 61, 62, and 70.

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND 
ISSUANCE OF ORDERS

0
1. The authority citation for part 2 continues to read as follows:

    Authority: Secs.161, 181, 68 Stat. 948, 953, as amended (42 
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 
409 (42 U.S.C. 2241); sec. 201, 88 Stat.1242, as amended (42 U.S.C. 
5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note).
    Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 
68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 
2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-
425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)); sec. 102, Pub. 
L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 
Stat. 1248 (42 U.S.C. 5871).
    Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under 
secs. 102, 103, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 
955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). 
Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 
U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, 
o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended 
(42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 
(42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101-
410, 104 Stat. 90, as amended by section 3100(s), Pub. L. 104-134, 
110 Stat. 1321-373 (28 U.S.C. 2461 note). Subpart C also issued 
under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Sections 2.600-2.606 
also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended 
(42 U.S.C. 4332). Section 2.301 also issued under 5 U.S.C. 554. 
Sections 2.343, 2.346, 2.712 also issued under 5 U.S.C. 557. Section 
2.340 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 
2232, 2241 (42 U.S.C. 10155, 10161). Section 2.390 also issued under 
sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 
552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. 
Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub. L. 
85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also 
issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. 
L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154).
    Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 
2239). Subpart M also

[[Page 42673]]

issued under sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Stat. 955 
(42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-
550, 84 Stat. 1473 (42 U.S.C. 2135).


Sec.  2.810  [Amended]

0
2. In Sec.  2.810, paragraph (b) is amended by revising ``$5'' to read 
``$6.5''.

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF 
BYPRODUCT MATERIAL

0
3. The authority citation for part 30 continues to read as follows:

    Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 
sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 
2021, 2021b, 2111).
    Section 30.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 Stat. 
954, as amended (42 U.S.C. 2234). Section 30.61 also issued under 
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).


0
4. In Sec.  30.36, paragraph (a) is revised to read as follows:


Sec.  30.36  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

    (a) Each specific license expires at the end of the day on the 
expiration date stated in the license, unless the licensee has filed an 
application for renewal under Sec.  30.37 not less than 30 days before 
the expiration date stated in the existing license. If an application 
for renewal has been filed at least 30 days before the expiration date 
stated in the existing license, the existing license expires at the end 
of the day on which the Commission makes a final determination to deny 
the renewal application or, if the determination states an expiration 
date, the expiration date stated in the determination.
* * * * *


Sec.  30.64  [Amended]

0
5. In Sec.  30.64, paragraph (b) is amended by removing the reference 
to Sec.  30.16.

PART 31--GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL

0
6. The authority citation for part 31 is revised to read as follows:

    Authority: Secs. 81, 161, 183, 68 Stat. 935, 948, 954, as 
amended (42 U.S.C. 2111, 2201, 2233); secs. 201, as amended, 202, 88 
Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842); sec. 1704, 112 
Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), P. Law 109-58, 119 
Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111).


Sec.  31.5  [Amended]

0
7. In Sec.  31.5(c)(8)(iii), the reference ``(c)(8)(I)'' is revised to 
read ``(c)(8)(i)''.

PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

0
8. The authority citation for part 32 continues to read as follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-810 
(42 U.S.C. 2014, 2021, 2021b, 2111).

0
9. In Sec.  32.12, paragraph (a) is revised to read as follows:


Sec.  32.12  Same: Records and material transfer reports.

    (a) Each person licensed under Sec.  32.11 shall maintain records 
of transfer of byproduct material and file a report with the Director 
of the Office of Federal and State Materials and Environmental 
Management Programs by an appropriate method listed in Sec.  30.6(a) of 
this chapter, including in the address: ATTN: Document Control Desk/
Exempt Distribution.
    (1) The report must clearly identify the specific licensee 
submitting the report and include the license number of the specific 
licensee.
    (2) The report must indicate that the byproduct material is 
transferred for use under Sec.  30.14 of this chapter or equivalent 
regulations of an Agreement State.
* * * * *


Sec.  32.15  [Amended]

0
10. In Sec.  32.15(d)(2)(ii), the reference ``(d)(2)(I)'' is revised to 
read ``(d)(2)(i)''.

0
11. In Sec.  32.16, paragraph (a) is revised to read as follows:


Sec.  32.16  Certain items containing byproduct material: Records and 
reports of transfer.

    (a) Each person licensed under Sec.  32.14 shall maintain records 
of all transfers of byproduct material and file a report with the 
Director of the Office of Federal and State Materials and Environmental 
Management Programs by an appropriate method listed in Sec.  30.6(a) of 
this chapter, including in the address: ATTN: Document Control Desk/
Exempt Distribution.
    (1) The report must clearly identify the specific licensee 
submitting the report and include the license number of the specific 
licensee.
    (2) The report must indicate that the products are transferred for 
use under Sec.  30.15 of this chapter, giving the specific paragraph 
designation, or equivalent regulations of an Agreement State.
* * * * *

0
12. In Sec.  32.20, paragraph (b) is revised to read as follows:


Sec.  32.20  Same: Records and material transfer reports.

* * * * *
    (b) The licensee shall file a summary report with the Director of 
the Office of Federal and State Materials and Environmental Management 
Programs by an appropriate method listed in Sec.  30.6(a) of this 
chapter, including in the address: ATTN: Document Control Desk/Exempt 
Distribution.
    (1) The report must clearly identify the specific licensee 
submitting the report and include the license number of the specific 
licensee.
    (2) The report must indicate that the materials are transferred for 
use under Sec.  30.18 or equivalent regulations of an Agreement State.
* * * * *

0
13. In Sec.  32.25, the introductory text of paragraph (c) is revised 
to read as follows:


Sec.  32.25  Conditions of licenses issued under Sec.  32.22: Quality 
control, labeling, and reports of transfer.

* * * * *
    (c) Maintain records of all transfers and file a report with the 
Director of the Office of Federal and State Materials and Environmental 
Management Programs by an appropriate method listed in Sec.  30.6(a) of 
this chapter, including in the address: ATTN: Document Control Desk/
Exempt Distribution.
* * * * *

0
14. In Sec.  32.29, the introductory text of paragraph (c) is revised 
to read as follows:


Sec.  32.29  Conditions of licenses issued under Sec.  32.26: Quality 
control, labeling, and reports of transfer.

* * * * *
    (c) Maintain records of all transfers and file a report with the 
Director of the Office of Federal and State Materials and Environmental 
Management Programs by an appropriate method listed in Sec.  30.6(a) of 
this chapter, including in the address: ATTN: Document Control Desk/
Exempt Distribution.
* * * * *

[[Page 42674]]

Sec.  32.57  [Amended]

0
15. In Sec.  32.57, paragraphs (b)(1), (b)(3), (b)(4), (c), the 
introductory text of paragraph (d) and paragraph (d)(1) are amended by 
adding ``or radium-226'' after ``americium-241''.


Sec.  32.303  [Amended]

0
16. Section 32.303(b) is amended by removing the reference to Sec.  
32.17.

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
17. The authority citation for part 40 continues to read as follows:

    Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 
2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, 
Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 
97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec. 193, 104 Stat. 2835, as 
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 
2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Section 40.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 Stat. 
939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 184, 68 
Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).


0
18. In Sec.  40.42, paragraph (a) is revised to read as follows:


Sec.  40.42  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

    (a) Each specific license expires at the end of the day on the 
expiration date stated in the license unless the licensee has filed an 
application for renewal under Sec.  40.43 not less than 30 days before 
the expiration date stated in the existing license. If an application 
for renewal has been filed at least 30 days before the expiration date 
stated in the existing license, the existing license expires at the end 
of the day on which the Commission makes a final determination to deny 
the renewal application or, if the determination states an expiration 
date, the expiration date stated in the determination.
* * * * *

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
19. The authority citation for part 50 is revised to read as follows:

    Authority: Secs. 102, 103, 104, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. 
L. 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111). 
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5841). Section 50.10 also issued under secs. 101, 
185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. 
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138).
    Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 
185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and 
Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853 
(42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 
204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 
50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 
2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 
U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 68 
Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under 
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).


0
20. In Appendix E to part 50, Section I is amended by adding two new 
paragraphs following the existing paragraphs and adding footnotes 1 and 
2; and Sections IV.F.2.d through IV.F.2.h are added to read as follows:

Appendix E to part 50--Emergency Planning and Preparedness for 
Production and Utilization Facilities

    I. Introduction.
* * * * *
    The potential radiological hazards to the public associated with 
the operation of research and test reactors and fuel facilities 
licensed under 10 CFR parts 50 and 70 involve considerations 
different than those associated with nuclear power reactors. 
Consequently, the size of Emergency Planning Zones \1\ (EPZs) for 
facilities other than power reactors and the degree to which 
compliance with the requirements of this section and sections II, 
III, IV, and V as necessary will be determined on a case-by-case 
basis.\2\
    Notwithstanding the above paragraphs, in the case of an 
operating license authorizing only fuel loading and/or low power 
operations up to 5 percent of rated power, no NRC or FEMA review, 
findings, or determinations concerning the state of offsite 
emergency preparedness or the adequacy of and the capability to 
implement State and local offsite emergency plans, as defined in 
this Appendix, are required prior to the issuance of such a license.
---------------------------------------------------------------------------

    \1\ 1 EPZs for power reactors are discussed in NUREG-0396; EPA 
520/1-78-016, ``Planning Basis for the Development of State and 
Local Government Radiological Emergency Response Plans in Support of 
Light Water Nuclear Power Plants,'' December 1978. The size of the 
EPZs for a nuclear power plant shall be determined in relation to 
local emergency response needs and capabilities as they are affected 
by such conditions as demography, topography, land characteristics, 
access routes, and jurisdictional boundaries. The size of the EPZs 
also may be determined on a case-by-case basis for gas-cooled 
nuclear reactors and for reactors with an authorized power level 
less than 250 MW thermal. Generally, the plume exposure pathway EPZ 
for nuclear power plants with an authorized power level greater than 
250 MW thermal shall consist of an area about 10 miles (16 km) in 
radius and the ingestion pathway EPZ shall consist of an area about 
50 miles (80 km) in radius.
    \2\ Regulatory Guide 2.6 will be used as guidance for the 
acceptability of research and test reactor emergency response plans.
---------------------------------------------------------------------------

* * * * *
    IV. Content of Emergency Plans.
    F. * * *
    (2) * * *
    d. A State should fully participate in the ingestion pathway 
portion of exercises at least once every six years. In States with 
more than one site, the State should rotate this participation from 
site to site.
    e. Licensees shall enable any State or local Government located 
within the plume exposure pathway EPZ to participate in the 
licensee's drills when requested by such State or local Government.
    f. Remedial exercises will be required if the emergency plan is 
not satisfactorily tested during the biennial exercise, such that 
NRC, in consultation with FEMA, cannot find reasonable assurance 
that adequate protective measures can be taken in the event of a 
radiological emergency. The extent of State and local participation 
in remedial exercises must be sufficient to show that appropriate 
corrective measures have been taken regarding the elements of the 
plan not properly tested in the previous exercises.
    g. All training, including exercises, shall provide for formal 
critiques in order to identify weak or deficient areas that need 
correction. Any weaknesses or deficiencies that are identified shall 
be corrected.
    h. The participation of State and local governments in an 
emergency exercise is not required to the extent that the applicant 
has identified those governments as refusing to participate further 
in emergency planning activities, pursuant to 10 CFR 50.479(c)(1). 
In such cases, an exercise shall be held with the applicant or 
licensee and such governmental entities as elect to participate in 
the emergency planning process.
* * * * *

PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE 
WASTE

0
21. The authority citation for part 61 is revised to read as follows:


[[Page 42675]]


    Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 
2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 
1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601, 
92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec. 
2902, 106 Stat. 3123, (42 U.S.C. 5851); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note); sec. 651(e), Pub. L. 109-58, 119 Stat. 806-
810 (42 U.S.C. 2014, 2021, 2021b, 2111).

PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-
FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES

0
22. The authority citation for part 62 is revised to read as follows:

    Authority: Secs. 81, 161, as amended, 68 Stat. 935, 948, 950, 
951, as amended (42 U.S.C. 211, 2201; secs. 201, 209, as amended, 88 
Stat. 1242, 1248, as amended (42 U.S.C. 5841, 5849); secs. 3, 4, 5, 
6, 99 Stat. 1843, 1844, 1845, 1846, 1847, 1848, 1849, 1850, 1851, 
1852, 1853, 1854, 1855, 1856, 1857 (42 U.S.C. 2021c, 2021d, 2021e, 
2021f; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), 
Pub. L. 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 
2111).

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
23. The authority cite for part 70 continues to read as follows:

    Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 
953, 954, as amended, sec. 234, 83 Stat. 444, as amended, (42 U.S.C. 
2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 
202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 
U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 Stat. 2835 as amended 
by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243); sec. 
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 70.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 
939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. 
L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 
also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 
2234). Section 70.81 also issued under secs. 186, 187, 68 Stat. 955 
(42 U.S.C. 2236, 2237). Section 70.82 also issued under sec. 108, 68 
Stat. 939, as amended (42 U.S.C. 2138).


0
24. In Sec.  70.38, paragraph (a) is revised to read as follows:


Sec.  70.38  Expiration and termination of licenses and decommissioning 
of sites and separate buildings or outdoor areas.

    (a) Each specific license expires at the end of the day on the 
expiration date stated in the license unless the licensee has filed an 
application for renewal under Sec.  70.33 not less than 30 days before 
the expiration date stated in the existing license. If an application 
for renewal has been filed at least 30 days before the expiration date 
stated in the existing license, the existing license expires at the end 
of the day on which the Commission makes a final determination to deny 
the renewal application or, if the determination states an expiration 
date, the expiration date stated in the determination.
* * * * *

    Dated at Rockville, Maryland, this 14th day of July 2008.

    For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rulemaking, Directives, and Editing Branch, Division of 
Administrative Services, Office of Administration.
 [FR Doc. E8-16730 Filed 7-22-08; 8:45 am]
BILLING CODE 7590-01-P