[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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Rules and Regulations
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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