[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