[Federal Register Volume 73, Number 148 (Thursday, July 31, 2008)]
[Rules and Regulations]
[Pages 44619-44620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17436]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2 and 50

RIN 3150-AH78
[NRC-2005-0032]


Price-Anderson Act Financial Protection Regulations and 
Elimination of Antitrust Reviews; Correction

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule: correcting amendment.

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SUMMARY: On October 27, 2005 (70 FR 61885), the Nuclear Regulatory 
Commission (NRC) published a final rule revising its regulations to 
conform with the provisions of the Energy Policy Act of 2005 that, 
among other things, terminated the NRC's authority and responsibility 
to conduct antitrust reviews of future applications to construct or 
operate a nuclear reactor. Inadvertently, the final rule failed to 
remove some references to the NRC's authority and responsibility to 
conduct antitrust reviews. This rule removes those provisions.

DATES: This rule is effective on July 31, 2008, and is applicable to 
November 28, 2005, the date the original rule became effective.

FOR FURTHER INFORMATION CONTACT: Maxwell C. Smith, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone (301) 415-1246, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: This document removes references to the 
NRC's antitrust responsibilities that it possessed prior to the 
enactment of section 625 of the Energy Policy Act of 2005, Public Law 
109-58. 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 553, the NRC is adopting 
the following amendments to 10 CFR parts 2 and 50.

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 50

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


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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 and 50.

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

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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. 161 b, 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 44620]]

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).


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2. In Sec.  2.309, paragraph (b)(3)(ii) is removed; paragraph 
(b)(3)(iii) is redesignated as (b)(3)(ii), and paragraph (b)(3)(i) is 
revised to read as follows:


Sec.  2.309  Hearing requests, petitions to intervene, requirements for 
standing, and contentions.

* * * * *
    (b) * * *
    (3) * * *
    (i) The time specified in any notice of hearing or notice of 
proposed action or as provided by the presiding officer or the Atomic 
Safety and Licensing Board designated to rule on the request and/or 
petition, which may not be less than sixty (60) days from the date of 
publication of the notice in the Federal Register; or
* * * * *

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

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3. The authority citation for part 50 continues 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).


Sec.  50.41  [Amended]

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4. In Sec.  50.41, paragraph (c) is removed and reserved.
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5. Section 50.42 is revised to read as follows:


Sec.  50.42  Additional standard for class 103 licenses.

    In determining whether a class 103 license will be issued to an 
applicant, the Commission will, in addition to applying the standards 
set forth in Sec.  50.40, consider whether the proposed activities will 
serve a useful purpose proportionate to the quantities of special 
nuclear material or source material to be utilized.

    Dated at Rockville, Maryland, this 21st day of July, 2008.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. E8-17436 Filed 7-30-08; 8:45 am]
BILLING CODE 7590-01-P