[Federal Register Volume 78, Number 239 (Thursday, December 12, 2013)]
[Rules and Regulations]
[Pages 75449-75451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29694]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 78, No. 239 / Thursday, December 12, 2013 /
Rules and Regulations
[[Page 75449]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 40, 50, 52, and 70
RIN 3150-AJ23
[NRC-2013-0019]
Miscellaneous Corrections; Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Correcting amendments.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a final
rule in the Federal Register on June 7, 2013, to make miscellaneous
corrections to its regulations. The final rule contained minor errors
in grammar, punctuation, and referencing. This document corrects the
final rule by amending the sections that contain these errors.
DATES: This rule is effective on December 12, 2013.
ADDRESSES: Please refer to Docket ID NRC-2013-0019 when contacting the
NRC about the availability of information for this document. You may
access publicly-available information related to this document by 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: 301-287-
3422; 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, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-287-3419, email:
[email protected].
SUPPLEMENTARY INFORMATION: The NRC published a final rule in the
Federal Register on June 7, 2013 (78 FR 34245), to make miscellaneous
corrections to its regulations in chapter I of Title 10 of the Code of
Federal Regulations (10 CFR). These changes included 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. The final rule
inadvertently included additional errors in grammar and punctuation in
10 CFR 40.36(e)(2), appendix G to 10 CFR part 50, 10 CFR
52.17(b)(2)(ii), and 10 CFR 70.25; and referencing in 10 CFR
52.17(b)(2)(i) and 10 CFR 52.18(f)(2). This document corrects the final
rule by revising the sections that contain these errors.
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 these
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, these amendments are to correct grammatical
errors and to revise cross-references to comply with the Office of the
Federal Register's Document Drafting Handbook. 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. Furthermore, for the reasons
stated above, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), that good
cause exists to make this rule effective upon publication of this
notice.
List of Subjects
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 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.
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 40, 50, 52, and 70.
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
1. The authority citation for part 40 continues to read as follows:
[[Page 75450]]
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
2. In Sec. 40.36, paragraph (e)(2) introductory text, revise the fifth
sentence to read as follows:
Sec. 40.36 Financial assurance and recordkeeping for decommissioning.
* * * * *
(e) * * *
(2) * * * 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. * * *
* * * * *
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
3. 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
4. In appendix G to part 50, section IV, paragraph A.2.c., revise the
first sentence to read as follows:
Appendix G to Part 50--Fracture Toughness Requirements
* * * * *
IV. * * *
A. * * *
2. * * *
c. The minimum temperature requirements given in table 1 pertain
to the controlling material, which is either the material in the
closure flange or the material in the beltline region with the
highest reference temperature. * * *
* * * * *
PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS
0
5. 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. No. 109-58, 119 Stat. 594 (2005).
0
6. In Sec. 52.17, revise paragraphs (b)(2)(i) and (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 Sec. 50.47 of this chapter and the
requirements of appendix E to 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 Sec. 50.47 of this chapter and the
requirements of appendix E to part 50 of this chapter. To the extent
approval of emergency plans is sought, the application must contain the
information required by Sec. 50.33(g) and (j) of this chapter.
* * * * *
0
7. 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 Sec. 50.47
of this chapter and the requirements of appendix E to 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.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
0
8. 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 70.82 also issued under Atomic Energy Act sec. 108
(42 U.S.C. 2138).
0
9. In Sec. 70.25, paragraph (f)(2) introductory text, revise the
fourth sentence to read as follows:
Sec. 70.25 Financial assurance and recordkeeping for decommissioning.
* * * * *
(f) * * *
(2) * * * 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
[[Page 75451]]
in appendix C to part 30 of this chapter. * * *
* * * * *
Dated at Rockville, Maryland, this 6th day of December, 2013.
For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of
Administrative Services, Office of Administration.
[FR Doc. 2013-29694 Filed 12-11-13; 8:45 am]
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