[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Rules and Regulations]
[Pages 34245-34250]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13539]



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  Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules 
and Regulations  

[[Page 34245]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 1, 2, 40, 50, 51, 52, 70, 73, and 100

[NRC-2013-0019]
RIN 3150-AJ23


Miscellaneous Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to make miscellaneous corrections. These changes include 
updating the name of its human capital office, correcting and adding 
missing cross-references, correcting grammatical errors, revising 
language for clarity and consistency, and specifying metric units. This 
document is necessary to inform the public of these non-substantive 
changes to the NRC's regulations.

DATES: This rule is effective on July 8, 2013.

ADDRESSES: Please refer to Docket ID NRC-2013-0019 when contacting the 
NRC about the availability of information for this final rule. You may 
access information related to this final rule, which the NRC possesses 
and is publicly available, using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0019. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected]. For technical questions, please 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section of this final rule.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://www.nrc.gov/reading-rm/adams.html. To begin the 
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's 
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to [email protected].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Christian Leatherbury, Rules 
Announcements and Directives Branch, Division of Administrative 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-492-3515, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is amending its regulations in chapter I of Title 10 of the 
Code of Federal Regulations (10 CFR) to make miscellaneous corrections. 
These changes include revising the name of its human capital office, 
correcting and adding missing cross-references, correcting grammatical 
errors, revising language for clarity and consistency, and specifying 
metric units. This document is necessary to inform the public of these 
non-substantive changes to the NRC's regulations.

II. Summary of Changes

10 CFR Part 1

    Correct Office Title. The organizational name of the NRC's human 
capital office is changed from ``Office of Human Resources'' to 
``Office of the Chief Human Capital Officer,'' wherever it appears in 
10 CFR part 1.

10 CFR Part 2

    Correct Reference. In Sec.  2.311(b), the reference to Sec.  
2.341(c)(2) is incorrect. In this paragraph, the reference ``Sec.  
2.341(c)(2)'' is replaced with the reference ``Sec.  2.341(c)(3).''
    Revise Language for Consistency. Section 2.346(e) is identical to 
2.346(f) due to an error from the last revision to this section. The 
rule text is revised for consistency with the change intended from that 
rulemaking. The Commission's recent update to its rules of practice and 
procedure intended to authorize the Secretary to extend the time for 
the Commission to rule on a petition for review under Sec.  2.341, and 
did not intend to create an identical provision to Sec.  2.346(f). (77 
FR 46576-46578, 46584; August 3, 2012). This change implements the 
intended revision to the language to maintain the authority of the 
Secretary to extend the time for the Commission to rule on a petition 
for review under Sec.  2.341 and to remove the reference in the rule to 
Sec.  2.311.

10 CFR Part 40

    Correct Reference. In Sec.  40.36(e)(2), the references to 
``Appendix C to this part,'' ``Appendix D to this part,'' and 
``Appendix E to this part'' are incorrect. In this paragraph, the 
references to these appendices should be replaced with references to 
``Appendix C to part 30 of this chapter,'' ``Appendix D to part 30 of 
this chapter,'' and ``Appendix E to part 30 of this chapter.''

10 CFR Part 50

    Revise Language for Clarity. In Sec.  50.47(d), the phrase ``rated 
power'' is revised to read, ``rated thermal power'' is added for 
clarity and consistency with 10 CFR 50.54(gg)(1).
    In appendix E to 10 CFR part 50, section IV, paragraph F.2.a.(i), 
the phrase ``rated power'' is revised to read ``rated thermal power'' 
for clarity and consistency with 10 CFR 50.54(gg)(1).
    Insert Missing References. In Sec.  50.54, the reference to 
paragraphs (q) and (hh) are inserted to provide a complete list of 
provisions.
    Correct Reference. In Sec.  50.55(e)(4)(i), the reference to 
``(e)(10)'' is incorrect. In this paragraph, the reference ``(e)(10)'' 
is replaced with the reference ``(e)(4)(v).''
    In Sec.  50.55(e)(4)(iii), the references to ``(e)(3)(ii)(C)'' and 
``(4)(v)'' are incorrect. In this paragraph, the reference 
``(e)(3)(ii)(C)'' is replaced with reference ``(e)(3)(iii)(C)'' and the 
reference ``(4)(v)'' is replaced with reference ``(e)(4)(v).''
    In Sec.  50.55(e)(6), the reference to ``(e)(9)(ii)'' is incorrect. 
In this paragraph, the reference ``(e)(9)(ii)'' is replaced with the 
reference ``(e)(5)(ii).''
    In appendix G to 10 CFR part 50, section IV, the reference to 
``Table 3'' is incorrect. In this section the references to ``Table 3'' 
are replaced with the references to ``Table 1.''

[[Page 34246]]

10 CFR Part 51

    Revise Language for Clarity. In Sec.  51.22(c)(9), the word 
``grants'' is replaced by ``issuance'' to maintain conformity with the 
language concerning ``issuance of an amendment'' and because a 
``grant'' of an exemption request is not subordinate to or part of the 
preceding ``issuance of an amendment'' language. The phrase ``the 
issuance of an amendment to a permit or license for a reactor under 
part 50 or part 52 of this chapter,'' is added to clarify that the 
exemption issuances covered by this categorical exclusion apply only to 
exemptions from requirements concerning the installation or use of a 
facility component located within the 10 CFR part 20 defined restricted 
area. The Sec.  51.22(c)(9) categorical exclusion does not apply to 
issuances of exemptions from inspection or surveillance requirements. 
Issuances of exemptions from inspection or surveillance requirements 
are covered by the categorical exclusion set forth in Sec.  
51.22(c)(25)(vi)(C). The use of semicolons and changing ``which'' to 
``that'' further clarifies the provision.

10 CFR Part 52

    Correct Reference. In Sec.  52.17(b)(2)(i), the reference to 
``Department of Homeland Security (DHS)'' is replaced with the 
reference ``Federal Emergency Management Agency (FEMA).''
    Correct Reference. In Sec.  52.17(b)(2)(ii), the reference to 
``DHS'' is replaced with the reference ``FEMA.''
    Correct Reference. In Sec.  52.18, the reference to ``DHS'' is 
replaced with ``Federal Emergency Management Agency.''
    Revise Language for Clarity. In Sec.  52.79(b)(4), the phrase, 
``decrease in effectiveness'' is revised to read ``reduction in 
effectiveness,'' for clarity and consistency with Sec.  50.54(q)(iv).
    Insert Missing Reference. In Sec.  52.163, the reference to subpart 
E is inserted to provide a complete list of referenced hearing 
procedures.

10 CFR Part 70

    Correct Reference. In Sec.  70.25(f)(2), the references to 
``Appendix A to this part,'' ``Appendix C to this part,'' ``Appendix D 
to this part,'' and ``Appendix E to this part,'' are incorrect. In this 
paragraph, the references to these appendices should be replaced with 
references to ``appendix A to part 30 of this chapter,'' ``appendix C 
to part 30 of this chapter,'' ``appendix D to part 30 of this 
chapter,'' and ``appendix E to part 30 of this chapter.''

10 CFR Part 73

    Correct Grammatical Error. In Sec.  73.6, paragraph (a) is revised 
to replace the colon at the end of the sentence with a period. 
Paragraph (b), is revised to replace the semicolon and the word ``and'' 
at the end of the sentence with a period. These grammatical errors are 
being corrected to clarify that the criteria in paragraphs (a) and (b) 
are to be treated as independent criteria as intended in the Atomic 
Energy Commission's February 1, 1973 (38 FR 3082), final rule.
    Adding Metric Units. In Sec.  73.6(b), metric units are added for 
the external radiation level, ``1 Gray (100 Rad),'' and distance, ``1 
meter (3.3 feet),'' to meet agency policy of using dual units.

10 CFR Part 100

    Revise Language for Clarity. In Sec.  100.20(b) and Sec.  100.21(d) 
and (e), the term ``site parameter'' is revised to read, ``site 
characteristics'' for clarity and consistency with 10 CFR part 52.
    Correct Reference. In appendix A to 10 CFR part 100, section II, 
the reference to Sec.  50.10(c)(1) is no longer correct. In this 
sentence the reference ``50.10(c)(1)'' is replaced with the reference 
``50.10(a)(2)(ii).''

III. Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency 
may waive the normal notice and comment requirements if it finds, for 
good cause, that they are impracticable, unnecessary, or contrary to 
the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC 
finds good cause to waive notice and opportunity for comment on the 
amendments because they will have no substantive impact and are of a 
minor and administrative nature dealing with corrections to certain CFR 
sections related only to management, organization, procedure, and 
practice. Specifically, the revisions are of the following types: 
Revision of the name for an NRC office; correction and insertion of 
cross-references to sections of 10 CFR chapter I; correction of 
grammatical errors; specification of metric units; and revision to 
provide clarity and consistency. These amendments do not require action 
by any person or entity regulated by the NRC. Also, the final rule does 
not change the substantive responsibilities of any person or entity 
regulated by the NRC.

IV. 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), which excludes 
from a major action rules which are corrective or of minor nonpolicy 
nature and do not substantially modify existing regulations. Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this rule.

V. 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 
Office of Management and Budget control number.

VI. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

VII. Backfitting and Issue Finality

    The NRC has determined that the administrative changes in this 
final rule do not constitute backfitting, and therefore a backfit 
analysis is not included. The revisions are administrative in nature, 
including revision of the name for an NRC office; correction and 
insertion of cross-references to sections of 10 CFR Chapter I; 
correction of grammatical errors; specification of metric units; and 
revisions to provide clarity and consistency. They impose no new 
requirements and make no substantive changes to the regulations. The 
revisions do not involve any provisions that would impose backfits as 
defined in 10 CFR chapter I, or would be inconsistent with the issue 
finality provisions in 10 CFR part 52. For these reasons, the issuance 
of the rule in final form would not constitute backfitting. Therefore, 
a backfit analysis was not prepared.

List of Subjects

10 CFR Part 1

    Organization and functions (Government Agencies).

[[Page 34247]]

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 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 51

    Administrative practice and procedure, Environmental impact 
statement, Nuclear materials, Nuclear power plants and reactors, 
Reporting and recordkeeping requirements.

10 CFR Part 52

    Administrative practice and procedure, Antitrust, Backfitting, 
Combined license, Early site permit, Emergency planning, Fees, 
Inspection, Limited work authorization, Nuclear power plants and 
reactors, Probabilistic risk assessment, Prototype, Reactor siting 
criteria, Redress of site, Reporting and recordkeeping requirements, 
Standard design, Standard design certification.

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.

10 CFR Part 73

    Criminal penalties, Export, Hazardous materials transportation, 
Import, Nuclear materials, Nuclear power plants and reactors, Reporting 
and recordkeeping requirements, Security measures.

10 CFR Part 100

    Nuclear power plants and reactors, Reactor siting criteria.
    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 1, 2, 40, 50, 51, 52, 70, 73, 
and 100.

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

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

    Authority: Atomic Energy Act secs. 23, 29, 161, 191 (42 U.S.C. 
2033, 2039, 2201, 2241); Energy Reorganization Act secs. 201, 203, 
204, 205, 209 (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 
552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 
1980.


0
2. In part 1, wherever it appears, remove the phrase ``Office of Human 
Resources'' and add in its place the phrase ``Office of the Chief Human 
Capital Officer.''

PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE

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

    Authority: Atomic Energy Act secs.161, 181, 191 (42 U.S.C. 2201, 
2231, 2241); Energy Reorganization Act sec. 201 (42 U.S.C. 5841); 5 
U.S.C. 552; Government Paperwork Elimination Act sec. 1704 (44 
U.S.C. 3504 note).
    Section 2.101 also issued under Atomic Energy Act secs. 53, 62, 
63, 81, 103, 104 (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 
2135); Nuclear Waste Policy Act sec. 114(f) (42 U.S.C. 10143(f)); 
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Energy 
Reorganization Act sec. 301 (42 U.S.C. 5871).
    Sections 2.102, 2.103, 2.104, 2.105, 2.321 also issued under 
Atomic Energy Act secs. 102, 103, 104, 105, 183i, 189 (42 U.S.C. 
2132, 2133, 2134, 2135, 2233, 2239). Sections 2.200-2.206 also 
issued under Atomic Energy Act secs. 161, 186, 234 (42 U.S.C. 2201 
(b), (i), (o), 2236, 2282); sec. 206 (42 U.S.C. 5846). Section 
2.205(j) also issued under Pub. L. 101-410, as amended by section 
3100(s), Pub. L. 104-134 (28 U.S.C. 2461 note). Subpart C also 
issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239). 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 
Nuclear Waste Policy Act secs. 135, 141, Pub. L. 97-425, 96 Stat. 
2232, 2241 (42 U.S.C. 10155, 10161). Section 2.390 also issued under 
5 U.S.C. 552. Sections 2.600-2.606 also issued under sec. 102 (42 
U.S.C. 4332). 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; Atomic Energy Act 
sec. 29 (42 U.S.C. 2039). Subpart K also issued under Atomic Energy 
Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42 
U.S.C. 10154). Subpart L also issued under Atomic Energy Act sec. 
189 (42 U.S.C. 2239). Subpart M also issued under Atomic Energy Act 
sec. 184, 189 (42 U.S.C. 2234, 2239). Subpart N also issued under 
Atomic Energy Act sec. 189 (42 U.S.C. 2239).


0
4. In Sec.  2.311, revise paragraph (b) to read as follows:


Sec.  2.311  Interlocutory review of rulings on requests for hearings/
petitions to intervene, selection of hearing procedures, and requests 
by potential parties for access to sensitive unclassified non-
safeguards information and safeguards information.

* * * * *
    (b) These appeals must be made as specified by the provisions of 
this section, within 25 days after the service of the order. The appeal 
must be initiated by the filing of a notice of appeal and accompanying 
supporting brief. Any party who opposes the appeal may file a brief in 
opposition to the appeal within 25 days after service of the appeal. 
The supporting brief and any answer must conform to the requirements of 
Sec.  2.341(c)(3). No other appeals from rulings on requests for 
hearing are allowed.
* * * * *

0
5. In Sec.  2.346, revise paragraph (e) to read as follows:


Sec.  2.346  Authority of the Secretary.

* * * * *
    (e) Extend the time for the Commission to rule on a petition for 
review under Sec.  2.341;
* * * * *

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

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

    Authority: Atomic Energy Act secs. 11(e)(2), 62, 63, 64, 65, 81, 
161, 181, 182, 183, 186, 193, 223, 234, 274, 275 (42 U.S.C. 
2014(e)(2), 2092, 2093, 2094, 2095, 2111, 2113, 2114, 2201, 2231, 
2232, 2233, 2236, 2243, 2273, 2282, 2021, 2022); Energy 
Reorganization Act secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 5846); 
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 
note); Energy Policy Act of 2005, Pub. L. No. 109-59, 119 Stat. 594 
(2005).
    Section 40.7 also issued under Energy Reorganization Act sec. 
211, Pub. L. 95-601, sec. 10, as amended by Pub. L. 102-486, sec. 
2902 (42 U.S.C. 5851). Section 40.31(g) also issued under Atomic 
Energy Act sec. 122 (42 U.S.C. 2152). Section 40.46 also issued 
under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 40.71 
also issued under Atomic Energy Act sec. 187 (42 U.S.C. 2237).


0
7. In Sec.  40.36, revise paragraph (e)(2) introductory text to read as 
follows:


Sec.  40.36  Financial assurance and recordkeeping for decommissioning.

* * * * *

[[Page 34248]]

    (e) * * *
    (2) A surety method, insurance, or other guarantee method. These 
methods guarantee that decommissioning costs will be paid. A surety 
method may be in the form of a surety bond, or letter of credit. A 
parent company guarantee of funds for decommissioning costs based on a 
financial test may be used if the guarantee and test are as contained 
in appendix A to part 30 of this chapter. For commercial corporations 
that issue bonds, a guarantee of funds by the applicant or licensee for 
decommissioning costs based on a financial test may be used if the 
guarantee and test are as contained in appendix C to part 30 of this 
chapter. For commercial companied that do not issue bonds, a guarantee 
of funds by the applicant or licensee for decommissioning costs may be 
used if the guarantee and test are as contained in appendix D to part 
30 of this chapter. For nonprofit entities, such as colleges, 
universities, and nonprofit hospitals, a guarantee of funds by the 
applicant or licensee may be used if the guarantee and test are as 
contained in appendix E to part 30 of this chapter. Except for an 
external sinking fund, a parent company guarantee or guarantee by the 
applicant or licensee may not be used in combination with any other 
financial methods used to satisfy the requirements of this section. A 
guarantee by the applicant or licensee may not be used in any situation 
where the applicant or licensee has a parent company holding majority 
control of the voting stock of the company. Any surety method or 
insurance used to provide financial assurance for decommissioning must 
contain the following conditions:
* * * * *

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
8. The authority citation for part 50 continues to read as follows:

    Authority: Atomic Energy Act secs. 102, 103, 104, 105, 147, 149, 
161, 181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2132, 2133, 2134, 
2135, 2167, 2169, 2201, 2231, 2232, 2233, 2236, 2239, 2273, 2282); 
Energy Reorganization Act secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 
5846); Nuclear Waste Policy Act sec. 306 (42 U.S.C. 10226); 
Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 
note); Energy Policy Act of 2005, Pub. L. No. 109-58, 119 Stat. 194 
(2005). Section 50.7 also issued under Pub. L. 95-601, sec. 10, as 
amended by Pub. L. 102-486, sec. 2902 (42 U.S.C. 5851). Section 
50.10 also issued under Atomic Energy Act secs. 101, 185 (42 U.S.C. 
2131, 2235); National Environmental Policy Act sec. 102 (42 U.S.C. 
4332). Sections 50.13, 50.54(dd), and 50.103 also issued under 
Atomic Energy Act sec. 108 (42 U.S.C. 2138).
    Sections 50.23, 50.35, 50.55, and 50.56 also issued under Atomic 
Energy Act sec. 185 (42 U.S.C. 2235). Appendix Q also issued under 
National Environmental Policy Act sec. 102 (42 U.S.C. 4332). 
Sections 50.34 and 50.54 also issued under sec. 204 (42 U.S.C. 
5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 
97-415 (42 U.S.C. 2239). Section 50.78 also issued under Atomic 
Energy Act sec. 122 (42 U.S.C. 2152). Sections 50.80--50.81 also 
issued under Atomic Energy Act sec. 184 (42 U.S.C. 2234).


0
9. In Sec.  50.47, paragraph (d), revise the first sentence of the 
introductory text to read as follows:


Sec.  50.47  Emergency plans.

* * * * *
    (d) Notwithstanding the requirements of paragraphs (a) and (b) of 
this section, and except as specified by this paragraph, no NRC or FEMA 
review, findings, or determinations concerning the state of offsite 
emergency preparedness or the adequacy of and capability to implement 
State and local or utility offsite emergency plans are required prior 
to issuance of an operating license authorizing only fuel loading or 
low power testing and training (up to 5 percent of the rated thermal 
power). * * *
* * * * *

0
10. In Sec.  50.54, revise the second sentence of the introductory text 
to read as follows:


Sec.  50.54  Conditions of licenses.

    * * * The following paragraphs with the exception of paragraph (r), 
(s), and (u) of this section are conditions in every combined license 
issued under part 52 of this chapter, provided, however, that 
paragraphs (i), (i-1), (j), (k), (l), (m), (n), (q), (w), (x), (y), 
(z), and (hh) of this section are only applicable after the Commission 
makes the finding under Sec.  52.103(g) of this chapter.
* * * * *

0
11. In Sec.  50.55, revise paragraphs (e)(4)(i), (e)(4)(iii), and 
(e)(6) introductory text to read as follows:


Sec.  50.55  Conditions of construction permits, early site permits, 
combined licenses, and manufacturing licenses.

* * * * *
    (e) * * *
    (4) * * *
    (i) The holder of a facility construction permit subject to this 
part, combined license (until the Commission makes the finding under 10 
CFR 52.103(g)), and manufacturing license who obtains information 
reasonably indicating that the facility fails to comply with the AEA, 
as amended, or any applicable regulation, order, or license of the 
Commission relating to a substantial safety hazard must notify the 
Commission of the failure to comply through a director or responsible 
officer or designated person as discussed in paragraph (e)(4)(v) of 
this section.
* * * * *
    (iii) The holder of a facility construction permit subject to this 
part, combined license, or manufacturing license, who obtains 
information reasonably indicating that the quality assurance program 
has undergone any significant breakdown discussed in paragraph 
(e)(3)(iii)(C) of this section must notify the Commission of the 
breakdown in the quality assurance program through a director or 
responsible officer or designated person as discussed in paragraph 
(e)(4)(v) of this section.
* * * * *
    (6) Content of notification. The written notification required by 
paragraph (e)(5)(ii) of this section must clearly indicate that the 
written notification is being submitted under Sec.  50.55(e) and 
include the following information, to the extent known.
* * * * *

0
12. In appendix E to part 50, section IV, paragraph F.2.a.(i), revise 
the first sentence to read as follows:

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

* * * * *
    IV. * * *
    F. * * *
    2. * * *
    a. * * *
    (i) For an operating license issued under this part, this 
exercise must be conducted within 2 years before the issuance of the 
first operating license for full power (one authorizing operation 
above 5 percent of rated thermal power) of the first reactor and 
shall include participation by each State and local government 
within the plume exposure pathway EPZ and each state within the 
ingestion exposure pathway EPZ. * * *
* * * * *


0
13. In appendix G to part 50, section IV, revise paragraphs A.2.a., 
A.2.b., and A.2.c. to read as follows:

Appendix G to Part 50--Fracture Toughness Requirements

* * * * *
    IV. * * *
    A. * * *
    2. * * *
    a. Pressure-temperature limits and minimum temperature 
requirements for the reactor vessel are given in table 1, and are 
defined by the operating condition (i.e., hydrostatic pressure and 
leak tests, or normal operation including anticipated operational

[[Page 34249]]

occurrences), the vessel pressure, whether or not fuel is in the 
vessel, and whether the core is critical. In table 1, the vessel 
pressure is defined as a percentage of the preservice system 
hydrostatic test pressure. The appropriate requirements on both the 
pressure-temperature limits and the minimum permissible temperature 
must be met for all conditions.
    b. The pressure-temperature limits identified as ``ASME Appendix 
G limits'' in table 1 require that the limits must be at least as 
conservative as limits obtained by following the methods of analysis 
and the margins of safety of Appendix G of Section XI of the ASME 
Code.
    c. The minimum temperature requirements given in table 1 pertain 
to the controlling material, which is either the material in the 
closure flange of the material in the beltline region with the 
highest reference temperature. As specified in table 1, the minimum 
temperature requirements and the controlling material depend on the 
operating condition (i.e., hydrostatic pressure and leak tests, or 
normal operation including anticipated operational occurrences), the 
vessel pressure, whether fuel is in the vessel, and whether the core 
is critical. The metal temperature of the controlling material, in 
the region of the controlling material which has the least favorable 
combination of stress and temperature must exceed the appropriate 
minimum temperature requirement for the condition and pressure of 
the vessel specified in table 1.
* * * * *

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

0
14. The authority citation for part 51 continues to read as follows:

    Authority: Atomic Energy Act sec. 161, 1701 (42 U.S.C. 2201, 
2297f); Energy Reorganization Act secs. 201, 202, 211 (42 U.S.C. 
5841, 5842, 5851); Government Paperwork Elimination Act sec. 1704 
(44 U.S.C. 3504 note). Subpart A also issued under National 
Environmental Policy Act secs. 102, 104, 105 (42 U.S.C. 4332, 4334, 
4335); Pub. L. 95-604, Title II, 92 Stat. 3033-3041; Atomic Energy 
Act sec. 193 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. 
and 51.97 also issued under Nuclear Waste Policy Act secs. 135, 141, 
148 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under 
Atomic Energy Act sec. 274 (42 U.S.C. 2021) and under Nuclear Waste 
Policy Act sec. 121 (42 U.S.C. 10141). Sections 51.43, 51.67, and 
51.109 also issued under Nuclear Waste Policy Act sec. 114(f) (42 
U.S.C. 10134(f)).


0
15. In Sec.  51.22, revise paragraph (c)(9) introductory text to read 
as follows:


Sec.  51.22  Criterion for categorical exclusion; identification of 
licensing and regulatory actions eligible for categorical exclusion or 
otherwise not requiring environmental review.

* * * * *
    (c) * * *
    (9) Issuance of an amendment to a permit or license for a reactor 
under part 50 or part 52 of this chapter that changes a requirement or 
issuance of an exemption from a requirement, with respect to 
installation or use of a facility component located within the 
restricted area, as defined in part 20 of this chapter; or the issuance 
of an amendment to a permit or license for a reactor under part 50 or 
part 52 of this chapter that changes an inspection or a surveillance 
requirement; provided that:
* * * * *

PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER 
PLANTS

0
16. The authority citation for part 52 continues to read as follows:

    Authority: Atomic Energy Act secs. 103, 104, 147, 149, 161, 181, 
182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2201, 2167, 2169, 
2232, 2233, 2235, 2236, 2239, 2282); Energy Reorganization Act secs. 
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Government 
Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy 
Policy Act of 2005, Pub. L. 109-58, 119 Stat. 594 (2005).


0
17. In Sec.  52.17, revise paragraphs (b)(2)(i) and (b)(2)(ii) to read 
as follows:


Sec.  52.17  Contents of applications; technical information.

* * * * *
    (b) * * *
    (2) * * *
    (i) Propose major features of the emergency plans, in accordance 
with the pertinent standards of 10 CFR 50.47 and the requirements of 
appendix E to 10 CFR part 50 of this chapter, such as the exact size 
and configuration of the emergency planning zones, for review and 
approval by the NRC, in consultation with the Federal Emergency 
Management Agency (FEMA) in the absence of complete and integrated 
emergency plans; or
    (ii) Propose complete and integrated emergency plans for review and 
approval by the NRC, in consultation with FEMA. In accordance with the 
applicable standards of 10 CFR 50.47 and the requirement of appendix E 
to 10 CFR part 50 of this chapter. To the extent approval of emergency 
plans sought, the application must contain the information required by 
Sec.  50.33(g) and (j) of this chapter.
* * * * *

0
18. In Sec.  52.18, revise the last sentence to read as follows:


Sec.  52.18  Standards for review of applications.

    * * * The Commission shall determine, after consultation with FEMA, 
whether the information required of the applicant by Sec.  52.17(b)(1) 
shows that there is not significant impediment to the development of 
emergency plans that cannot be mitigated or eliminated by measures 
proposed by the applicant, whether any major features of emergency 
plans submitted by the applicant under Sec.  52.17(b)(2)(i) are 
acceptable in accordance with the applicable standards of 10 CFR 50.47 
and the requirements of appendix E to 10 CFR part 50 of this chapter, 
and whether any emergency plans submitted by the applicant under Sec.  
52.17(b)(2)(ii) provide reasonable assurance that adequate protective 
measures can and will be taken in the event of a radiological 
emergency.

0
19. In Sec.  52.79, paragraph (b)(4), revise the last sentence to read 
as follows:


Sec.  52.79  Contents of applications; technical information in final 
safety analysis report.

* * * * *
    (b) * * *
    (4) * * * The application must identify changes to the emergency 
plans or major features of emergency plans that have been incorporated 
into the proposed facility emergency plans and that constitute or would 
constitute a reduction in effectiveness under Sec.  50.54(q) of this 
chapter.
* * * * *

0
20. In Sec.  52.163, revise the last sentence to read as follows:


Sec.  52.163  Administrative review of applications; hearings.

    * * * All hearings on manufacturing licenses are governed by the 
hearing procedures contained in 10 CFR part 2, subparts C, E, G, L, and 
N.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
21. The authority citation for part 70 continues to read as follows:

    Authority:  Atomic Energy Act secs. 51, 53, 161, 182, 183, 193, 
223, 234 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2243, 2273, 2282, 
2297f); secs. 201, 202, 204, 206, 211 (42 U.S.C. 5841, 5842, 5845, 
5846, 5851); Government Paperwork Elimination Act sec. 1704 (44 
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109-58, 
119 Stat. 194 (2005).
    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 70.21(g) also issued under Atomic Energy Act sec. 122 
(42 U.S.C. 2152). Section 70.31 also issued under Atomic Energy Act 
sec. 57(d) (42 U.S.C. 2077(d)). Sections 70.36 and 70.44 also issued 
under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 70.81 
also issued under Atomic Energy Act secs. 186, 187 (42 U.S.C. 2236, 
2237). Section

[[Page 34250]]

70.82 also issued under Atomic Energy Act sec. 108 (42 U.S.C. 2138).


0
22. In Sec.  70.25, revise paragraph (f)(2) introductory text to read 
as follows:


Sec.  70.25  Financial assurance and recordkeeping for decommissioning.

* * * * *
    (f) * * *
    (2) A surety method, insurance, or other guarantee method. These 
methods guarantee that decommissioning costs will be paid. A surety 
method may be in the form of a surety bond, or letter of credit. A 
parent company guarantee of funds for decommissioning costs based on a 
financial test may be used if the guarantee and test are as contained 
in appendix A to part 30 of this chapter. For commercial corporations 
that issue bonds, a guarantee of funds by the applicant or licensee for 
decommissioning costs based on a financial test may be used is the 
guarantee and test are as contained in appendix C to part 30 of this 
chapter. For commercial companies that do not issue bonds, a guarantee 
of funds by the applicant or licensee for decommissioning costs may be 
used if the guarantee and test are as contained in appendix D to part 
30 of this chapter. For nonprofit entities, such as colleges, 
universities, and nonprofit hospitals, a guarantee of funds by the 
applicant or licensee may be used if the guarantee and test are as 
contained in appendix E to part 30 of this chapter. Except for an 
external sinking fund, a parent company guarantee or a guarantee by the 
applicant or licensee may not be used in combination with any other 
financial methods used to satisfy the requirements of this section. A 
guarantee by the applicant or licensee may not be used in any situation 
where the applicant or licensee has a parent company holding majority 
control of the voting stock of the company. Any surety method or 
insurance used to provide financial assurance for decommissioning must 
contain the following conditions:
* * * * *

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
23. The authority citation for part 73 continues to read as follows:

    Authority:  Atomic Energy Act secs. 53, 147, 161, 223, 234, 1701 
(42 U.S.C. 2073, 2167, 2169, 2201, 2273, 2282, 2297(f), 2210(e)); 
Energy Reorganization Act sec. 201, 204 (42 U.S.C. 5841, 5844); 
Government Paperwork Elimination Act sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119 
Stat. 594 (2005).
    Section 73.1 also issued under Nuclear Waste Policy Act secs. 
135, 141 (42 U.S.C, 10155, 10161). Section 73.37(f) also issued 
under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note).


0
24. In Sec.  73.6, revise paragraphs (a) and (b) to read as follows:


Sec.  73.6  Exemptions for certain quantities and kinds of special 
nuclear material.

* * * * *
    (a) Uranium-235 contained in uranium enriched to less than 20 
percent in the U-235 isotope.
    (b) Special nuclear material which is not readily separable from 
other radioactive material and which has a total external radiation 
level in excess of 1 Gray (100 Rad) per hour at a distance of 1 meter 
(3.3 feet) from any accessible surface without intervening shielding.
* * * * *

PART 100--REACTOR SITE CRITERIA

0
25. The authority citation for part 100 continues to read as follows:

    Authority:  Atomic Energy Act secs. 103, 104, 161, 182 (42 
U.S.C. 2133, 2134, 2201, 2232); Energy Reorganization Act secs. 201, 
202 (42 U.S.C. 5841, 5842); Government Paperwork Elimination Act 
sec. 1704 (44 U.S.C. 3504 note).


0
26. In Sec.  100.20, revise paragraph (b) to read as follows:


Sec.  100.20  Factors to be considered when evaluating sites.

* * * * *
    (b) The nature and proximity of man-related hazards (e.g., 
airports, dams, transportation routes, military and chemical 
facilities) must be evaluated to establish site characteristics for use 
in determining whether a plant design can accommodate commonly 
occurring hazards, and whether the risk of other hazards is very low.
* * * * *

0
27. In Sec.  100.21, revise paragraphs (d) and (e) to read as follows:


Sec.  100.21  Non-seismic siting criteria.

* * * * *
    (d) The physical characteristics of the site, including 
meteorology, geology, seismology, and hydrology must be evaluated and 
site characteristics established such that potential threats from such 
physical characteristics will pose no undue risk to the type of 
facility proposed to be located at the site;
    (e) Potential hazards associated with nearby transportation routes, 
industrial and military facilities must be evaluated and site 
characteristics established such that potential hazards from such 
routes and facilities will pose no undue risk to the type of facility 
proposed to be located at the site;
* * * * *

0
28. In appendix A to part 100, section II, revise the second paragraph 
to read as follows:

Appendix A to Part 100--Seismic and Geologic Siting Criteria for 
Nuclear Power Plants

* * * * *

II. SCOPE

* * * * *
    The investigations described in this appendix are within the 
scope of investigations permitted by Sec.  50.10(a)(2)(ii) of this 
chapter.
* * * * *

    Dated at Rockville, Maryland, this 31st day of May 2013.

    For the Nuclear Regulatory Commission.
Helen Chang,
Acting Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.
[FR Doc. 2013-13539 Filed 6-6-13; 8:45 am]
BILLING CODE 7590-01-P