[Federal Register Volume 79, Number 131 (Wednesday, July 9, 2014)]
[Rules and Regulations]
[Pages 38768-38769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15985]



10 CFR Part 140

RIN 3150-AJ25

Inflation Adjustments to the Price-Anderson Act Financial 
Protection Regulations; Corrections

AGENCY: Nuclear Regulatory Commission.

ACTION: Correcting amendments.


SUMMARY: The U.S. Regulatory Commission (NRC) published a final rule in 
the Federal Register on July 12, 2013, to amend its regulations to 
satisfy a statutory requirement to adjust the maximum total and annual 
standard deferred premiums specified in the Price-Anderson Act for 
inflation at least once during each 5-year period following August 20, 
2003. This correcting amendment makes a necessary conforming change to 
a concomitant NRC regulation.

DATES: This rule is effective on July 9, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0072 when contacting the 
NRC about the availability of information for this final rule. You may 
obtain publicly-available information related to this final rule by any 
of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0072. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, 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 obtain publicly-available documents online in the 
ADAMS Public Documents collection 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]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     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: Michael Purdie, Office of the Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 
20555-0001, telephone 301-415-0244, email: [email protected].

SUPPLEMENTARY INFORMATION: The NRC published a final rule in the 
Federal Register on July 12, 2013 (78 FR 41835), that amended its 
regulations at part 140 of Title 10 of the Code of Federal Regulations 
(10 CFR) to satisfy the requirement in section 170t., ``Inflation 
Adjustment,'' of the Atomic Energy Act of 1954, as amended, to adjust 
the maximum total and annual standard deferred premiums specified in 
the Price-Anderson Act for inflation at least once during each 5-year 
period following August 20, 2003. The final rule amended the numerical 
dollar amounts of the deferred premiums listed in 10 CFR 140.11(a)(4). 
A concomitant NRC regulation at 10 CFR 140.21 also states the numerical 
dollar amount of the deferred premium, but was not amended in the final 
rule. The regulations at 10 CFR 140.21 should cross-reference the 
deferred premium as stated at 10 CFR 140.11(a)(4). This

[[Page 38769]]

amendment corrects the final rule by making the conforming change.

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, these amendments are to make a conforming 
change to the regulations to comply with a mandatory statutory 
requirement. These amendments do not require action by any person or 
entity regulated by the NRC. Also, this document does not change the 
substantive responsibilities of any person or entity regulated by the 
NRC. Furthermore, for the reasons stated, the NRC finds, in accordance 
with 5 U.S.C. 553(d)(3), that good cause exists to make this rule 
effective upon publication of this notice.

List of Subjects in 10 CFR Part 140

    Criminal penalties, Extraordinary nuclear occurrence, Insurance, 
Intergovernmental relations, Nuclear materials, Nuclear power plants 
and reactors, Reporting and recordkeeping requirements.
    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 correcting amendments to 10 CFR part 140.


1. The authority citation for part 140 continues to read as follows:

    Authority: Atomic Energy Act secs. 161, 170, 223, 234 (42 U.S.C. 
2201, 2210, 2273, 2282); Energy Reorganization Act secs. 201, as 
amended, 202 (42 U.S.C. 5841, 5842); 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).

2. Revise the introductory text of Sec.  140.21 to read as follows:

Sec.  140.21  Licensee guarantees of payment of deferred premiums.

    Each licensee required to have and maintain financial protection 
for each nuclear reactor as determined in Sec.  140.11(a)(4) shall at 
the issuance of the license and annually, on the anniversary of the 
date on which the indemnity agreement is effective, provide evidence to 
the Commission that it maintains one of the following types of 
guarantee of payment of deferred premium in the amount specified in 
Sec.  140.11(a)(4) for each reactor it is licensed to operate:
* * * * *

    Dated at Rockville, Maryland, this 2nd day of July, 2014.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch. Office of 
[FR Doc. 2014-15985 Filed 7-8-14; 8:45 am]