[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
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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.

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

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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