[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Rules and Regulations]
[Pages 54931-54932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22355]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 /
Rules and Regulations
[[Page 54931]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2008-0263; PRM-50-91]
RIN 3150-AI41
Technical Specifications--Restoring the Original Paragraph
Designations
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to resolve an administrative issue raised in a petition for
rulemaking (PRM) submitted by the Strategic Teaming and Resource
Sharing (STARS) Integrated Regulatory Affairs Group (PRM-50-91). In
this final rule, the NRC is restoring the original paragraph
designations as existed in 10 CFR 50.36 before the 2007 Part 52 final
rulemaking. This final rule eliminates the need for licensees to expend
resources on administrative redesignations that have no safety benefit.
DATES: Effective Date: October 24, 2008.
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-2008-0263]. 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 O1-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 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected].
FOR FURTHER INFORMATION CONTACT: A. Jason Lising, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; Telephone 301-415-3220; e-mail [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Nuclear Regulatory Commission is amending the regulations in 10
CFR Part 50 to revise 10 CFR 50.36, ``Technical Specifications,'' and
thereby resolve administrative issues raised in PRM-50-91 submitted by
the STARS Integrated Regulatory Affairs Group.
On August 28, 2007, (72 FR 49351) the final rule for Part 52,
``Licenses, Certifications, and Approvals for Nuclear Power Plants,''
redesignated Sec. 50.36(c), (d), and (e) as paragraphs (d), (e), and
(f), respectively, and added a new paragraph (c) to 10 CFR 50.36. The
insertion of this new paragraph caused the paragraph for the technical
specification criteria to be redesignated from 10 CFR 50.36(c) to 10
CFR 50.36(d). The redesignation of these paragraphs requires many
licensees of operating nuclear power plants to modify their technical
specifications, final safety analysis reports, and plant plans and
procedures to correctly reference the redesignated Sec. 50.36(d). This
would require substantial expenditures of licensee resources with no
corresponding benefit to public health and safety, common defense and
security, or protection of property from radiological events. By
restoring the original paragraph designation, the final rule benefits
all operating nuclear power plants by obviating the need for licensees
to expend their resources on administrative corrections.
Petition for Rulemaking
On April 11, 2008, Mr. T. Moser, Chairman, STARS Integrated
Regulatory Affairs Group, submitted a petition for rulemaking, docketed
PRM-50-91. Mr. Moser requested that the NRC correct a paragraph
numbering conflict introduced by a final rule ``Licenses,
Certifications, and Approvals for Nuclear Power Plants'' (August 28,
2007; 72 FR 49351). The petitioner asserts that by granting the
petition, potential error will be prevented by eliminating the need to
identify and process conforming changes which reflect the redesignated
paragraphs. There are many licensee and NRC documents affected such as
Technical Specification Bases, implementing operation procedures,
training programs, Technical Specification Task Force Travelers,
NUREGs, Regulatory Guides, NRC office instructions, NRC Management
Directives, and SECY papers. The petitioner asserts that significant
industry and NRC effort to update documents to correct references to 10
CFR 50.36(c) is burdensome with no safety benefit.
Rule Change
The NRC has determined that the issue raised by PRM-50-91 can be
resolved through an administrative rulemaking which restores the
original paragraph designations. In this final rule, the NRC is
restoring the original paragraph designations as existed in Sec. 50.36
before the 2007 Part 52 rulemaking. In addition, the NRC is
redesignating the new paragraph (c) which was adopted in the 2007 Part
52 final rulemaking as a new paragraph (a)(2). The existing text of
paragraph (a) is being redesignated as paragraph (a)(1). The NRC
believes that this redesignation of paragraph (a) will not result in
any cross-referencing issues, inasmuch as any reference to Sec.
50.36(a) will continue to be valid with the redesignation. The NRC also
believes it is unlikely that any technical specifications, final safety
analysis reports, or plant procedures actually reference paragraph (a)
given the subject matter of that paragraph. This final rule closes the
docket on PRM-50-91.
Rulemaking Procedure
Because this amendment constitutes a minor administrative
correction to the regulations, the notice and comment
[[Page 54932]]
provisions of the Administrative Procedure Act do not apply pursuant to
5 U.S.C. 553(b)(B).
Environmental Impact: Categorical Exclusion
The NRC has determined that this final rule is the type of action
described in categorical exclusion under 10 CFR 51.22(c)(2). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
The final rule does not contain information collection requirements
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 of an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
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 for 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.
0
For the reasons set forth 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 Part 50.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
1. 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. 50.36 [Amended]
0
2. Section 50.36 is amended by redesignating paragraph (a) as paragraph
(a)(1), redesignating paragraph (c) as paragraph (a)(2), and
redesignating paragraphs (d), (e), and (f) as paragraphs (c), (d), and
(e), respectively.
Dated at Rockville, Maryland, this 5th day of September, 2008.
For the Nuclear Regulatory Commission.
Bruce S. Mallett,
Acting Executive Director for Operations.
[FR Doc. E8-22355 Filed 9-23-08; 8:45 am]
BILLING CODE 7590-01-P