Technical Specifications-Restoring the Original Paragraph Designations, 54931-54932 [E8-22355]

Download as PDF 54931 Rules and Regulations Federal Register Vol. 73, No. 186 Wednesday, September 24, 2008 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 A. Jason Lising, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; Telephone 301–415–3220; e-mail jason.lising@nrc.gov. FOR FURTHER INFORMATION CONTACT: [NRC–2008–0263; PRM–50–91] RIN 3150–AI41 Technical Specifications—Restoring the Original Paragraph Designations SUPPLEMENTARY INFORMATION: Nuclear Regulatory Commission. ACTION: Final rule. AGENCY: Background The Nuclear Regulatory Commission (NRC) is amending its regulations to resolve an administrative issue raised in a petition for rulemaking (PRM) submitted by the Strategic Teaming and Resource Sharing (STARS) Integrated Regulatory Affairs Group (PRM–50–91). In this final rule, the NRC is restoring the original paragraph designations as existed in 10 CFR 50.36 before the 2007 Part 52 final rulemaking. This final rule eliminates the need for licensees to expend resources on administrative redesignations that have no safety benefit. SUMMARY: Effective Date: October 24, 2008. You can access publicly available documents related to this document using the following methods: Federal e-Rulemaking Portal: Go to https://www.regulations.gov and search for documents filed under Docket ID [NRC–2008–0263]. Address questions about NRC dockets to Carol Gallagher 301–415–5905; e-mail Carol.Gallagher@nrc.gov. NRC’s Public Document Room (PDR): The public may examine and have copied for a fee, publicly available documents at the NRC’s PDR, Public File Area O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland. NRC’s Agencywide Documents Access and Management System (ADAMS): DATES: rwilkins on PROD1PC63 with RULES ADDRESSES: VerDate Aug<31>2005 16:28 Sep 23, 2008 Publicly available documents created or received at the NRC are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/ reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. Jkt 214001 The Nuclear Regulatory Commission is amending the regulations in 10 CFR Part 50 to revise 10 CFR 50.36, ‘‘Technical Specifications,’’ and thereby resolve administrative issues raised in PRM–50–91 submitted by the STARS Integrated Regulatory Affairs Group. On August 28, 2007, (72 FR 49351) the final rule for Part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants,’’ redesignated § 50.36(c), (d), and (e) as paragraphs (d), (e), and (f), respectively, and added a new paragraph (c) to 10 CFR 50.36. The insertion of this new paragraph caused the paragraph for the technical specification criteria to be redesignated from 10 CFR 50.36(c) to 10 CFR 50.36(d). The redesignation of these paragraphs requires many licensees of operating nuclear power plants to modify their technical specifications, final safety analysis reports, and plant plans and procedures to correctly reference the redesignated § 50.36(d). This would require substantial expenditures of licensee resources with no corresponding benefit to public health and safety, common defense and security, or protection of property from radiological events. By restoring the original paragraph designation, the final rule benefits all operating nuclear power plants by obviating the need for licensees to expend their resources on administrative corrections. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Petition for Rulemaking On April 11, 2008, Mr. T. Moser, Chairman, STARS Integrated Regulatory Affairs Group, submitted a petition for rulemaking, docketed PRM–50–91. Mr. Moser requested that the NRC correct a paragraph numbering conflict introduced by a final rule ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants’’ (August 28, 2007; 72 FR 49351). The petitioner asserts that by granting the petition, potential error will be prevented by eliminating the need to identify and process conforming changes which reflect the redesignated paragraphs. There are many licensee and NRC documents affected such as Technical Specification Bases, implementing operation procedures, training programs, Technical Specification Task Force Travelers, NUREGs, Regulatory Guides, NRC office instructions, NRC Management Directives, and SECY papers. The petitioner asserts that significant industry and NRC effort to update documents to correct references to 10 CFR 50.36(c) is burdensome with no safety benefit. Rule Change The NRC has determined that the issue raised by PRM–50–91 can be resolved through an administrative rulemaking which restores the original paragraph designations. In this final rule, the NRC is restoring the original paragraph designations as existed in § 50.36 before the 2007 Part 52 rulemaking. In addition, the NRC is redesignating the new paragraph (c) which was adopted in the 2007 Part 52 final rulemaking as a new paragraph (a)(2). The existing text of paragraph (a) is being redesignated as paragraph (a)(1). The NRC believes that this redesignation of paragraph (a) will not result in any cross-referencing issues, inasmuch as any reference to § 50.36(a) will continue to be valid with the redesignation. The NRC also believes it is unlikely that any technical specifications, final safety analysis reports, or plant procedures actually reference paragraph (a) given the subject matter of that paragraph. This final rule closes the docket on PRM–50–91. Rulemaking Procedure Because this amendment constitutes a minor administrative correction to the regulations, the notice and comment E:\FR\FM\24SER1.SGM 24SER1 54932 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C. 553(b)(B). Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion under 10 CFR 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. Paperwork Reduction Act Statement The final rule does not contain information collection requirements 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 of an information collection requirement unless the requesting document displays a currently valid OMB control number. Congressional Review Act 109–58, 119 Stat. 806–810 (42 U.S.C. 2014, 2021, 2021b, 2111). Section 50.7 also issued under Pub. L. 95– 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5841). Section 50.10 also issued under secs. 101, 185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 50.55a and appendix Q also issued under sec. 102, Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97–415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80–50.81 also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). § 50.36 [Amended] 2. Section 50.36 is amended by redesignating paragraph (a) as paragraph (a)(1), redesignating paragraph (c) as paragraph (a)(2), and redesignating paragraphs (d), (e), and (f) as paragraphs (c), (d), and (e), respectively. ■ In accordance with the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. Dated at Rockville, Maryland, this 5th day of September, 2008. For the Nuclear Regulatory Commission. Bruce S. Mallett, Acting Executive Director for Operations. [FR Doc. E8–22355 Filed 9–23–08; 8:45 am] List of Subjects for 10 CFR Part 50 BILLING CODE 7590–01–P Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements. DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 15 CFR Part 902 For the reasons set forth 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 Part 50. ■ PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 50 CFR Part 300 [Docket No. 080310411–8949–02] RIN 0648–AU14 Pacific Halibut Fisheries; Subsistence Fishing 1. The authority citation for part 50 continues to read as follows: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. Authority: Secs. 102, 103, 104, 161, 182, 183, 186, 189, 68 Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. L. SUMMARY: NMFS issues a final rule to amend the subsistence fishery rules for Pacific halibut in waters in and off Alaska. These regulations are necessary to address subsistence halibut management concerns, particularly in densely populated areas. This action is intended to support the conservation rwilkins on PROD1PC63 with RULES ■ VerDate Aug<31>2005 16:28 Sep 23, 2008 Jkt 214001 AGENCY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 and management provisions of the Northern Pacific Halibut Act of 1982. DATES: Effective October 24, 2008. ADDRESSES: Copies of the Categorical Exclusion (CE), Regulatory Impact Review (RIR), and Final Regulatory Flexibility Analysis (FRFA) prepared for this action, as well as the environmental assessment (EA) prepared for the original subsistence halibut action (68 FR 18145; April 15, 2003) are available by mail from NMFS, Alaska Region, P. O. Box 21668, Juneau, AK 99802–1668, Attn: Ellen Sebastian, Records Officer; in person at NMFS, Alaska Region, 709 West 9th Street, Room 420A, Juneau, Alaska; or via the Internet at the NMFS Alaska Region website at https:// www.alaskafisheries.noaa.gov. Written comments regarding the burden-hour estimates or other aspects of the collection–of–information requirements contained in this final rule may be submitted to NMFS at the above address and by e–mail to DavidlRostker@omb.eop.gov, or fax to 202–395–7285. FOR FURTHER INFORMATION CONTACT: Becky Carls, 907–586–7228. SUPPLEMENTARY INFORMATION: Management of the Pacific halibut (hereafter halibut) fishery in and off Alaska is based on an international agreement between Canada and the United States. This agreement, entitled the ‘‘Convention between the United States of America and Canada for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea’’ (Convention), was signed at Ottawa, Canada, on March 2, 1953, and amended by the ‘‘Protocol Amending the Convention,’’ signed at Washington, D.C., March 29, 1979. The Convention, administered by the International Pacific Halibut Commission (IPHC), is given effect in the United States by the Northern Pacific Halibut Act of 1982 (Halibut Act). The IPHC promulgates regulations pursuant to the Convention. The IPHC’s regulations are subject to approval by the Secretary of State with concurrence from the Secretary of Commerce (Secretary). After approval by the Secretary of State and the Secretary, the IPHC regulations are published in the Federal Register as annual management measures pursuant to 50 CFR 300.62. NMFS published the IPHC’s current annual management measures on March 7, 2008 (73 FR 12280). The Halibut Act authorizes the North Pacific Fishery Management Council (Council) to develop halibut fishery regulations, including limited access regulations, in its geographic area of concern that would apply to nationals E:\FR\FM\24SER1.SGM 24SER1

Agencies

[Federal Register Volume 73, Number 186 (Wednesday, September 24, 2008)]
[Rules and Regulations]
[Pages 54931-54932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22355]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / 
Rules and Regulations

[[Page 54931]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[NRC-2008-0263; PRM-50-91]
RIN 3150-AI41


Technical Specifications--Restoring the Original Paragraph 
Designations

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to resolve an administrative issue raised in a petition for 
rulemaking (PRM) submitted by the Strategic Teaming and Resource 
Sharing (STARS) Integrated Regulatory Affairs Group (PRM-50-91). In 
this final rule, the NRC is restoring the original paragraph 
designations as existed in 10 CFR 50.36 before the 2007 Part 52 final 
rulemaking. This final rule eliminates the need for licensees to expend 
resources on administrative redesignations that have no safety benefit.

DATES: Effective Date: October 24, 2008.

ADDRESSES: You can access publicly available documents related to this 
document using the following methods:
    Federal e-Rulemaking Portal: Go to https://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2008-0263]. Address 
questions about NRC dockets to Carol Gallagher 301-415-5905; e-mail 
Carol.Gallagher@nrc.gov.
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee, publicly available documents at the NRC's PDR, Public 
File Area O1-F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at http:/
/www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
pdr.resource@nrc.gov.

FOR FURTHER INFORMATION CONTACT: A. Jason Lising, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; Telephone 301-415-3220; e-mail jason.lising@nrc.gov.

SUPPLEMENTARY INFORMATION:

Background

    The Nuclear Regulatory Commission is amending the regulations in 10 
CFR Part 50 to revise 10 CFR 50.36, ``Technical Specifications,'' and 
thereby resolve administrative issues raised in PRM-50-91 submitted by 
the STARS Integrated Regulatory Affairs Group.
    On August 28, 2007, (72 FR 49351) the final rule for Part 52, 
``Licenses, Certifications, and Approvals for Nuclear Power Plants,'' 
redesignated Sec.  50.36(c), (d), and (e) as paragraphs (d), (e), and 
(f), respectively, and added a new paragraph (c) to 10 CFR 50.36. The 
insertion of this new paragraph caused the paragraph for the technical 
specification criteria to be redesignated from 10 CFR 50.36(c) to 10 
CFR 50.36(d). The redesignation of these paragraphs requires many 
licensees of operating nuclear power plants to modify their technical 
specifications, final safety analysis reports, and plant plans and 
procedures to correctly reference the redesignated Sec.  50.36(d). This 
would require substantial expenditures of licensee resources with no 
corresponding benefit to public health and safety, common defense and 
security, or protection of property from radiological events. By 
restoring the original paragraph designation, the final rule benefits 
all operating nuclear power plants by obviating the need for licensees 
to expend their resources on administrative corrections.

Petition for Rulemaking

    On April 11, 2008, Mr. T. Moser, Chairman, STARS Integrated 
Regulatory Affairs Group, submitted a petition for rulemaking, docketed 
PRM-50-91. Mr. Moser requested that the NRC correct a paragraph 
numbering conflict introduced by a final rule ``Licenses, 
Certifications, and Approvals for Nuclear Power Plants'' (August 28, 
2007; 72 FR 49351). The petitioner asserts that by granting the 
petition, potential error will be prevented by eliminating the need to 
identify and process conforming changes which reflect the redesignated 
paragraphs. There are many licensee and NRC documents affected such as 
Technical Specification Bases, implementing operation procedures, 
training programs, Technical Specification Task Force Travelers, 
NUREGs, Regulatory Guides, NRC office instructions, NRC Management 
Directives, and SECY papers. The petitioner asserts that significant 
industry and NRC effort to update documents to correct references to 10 
CFR 50.36(c) is burdensome with no safety benefit.

Rule Change

    The NRC has determined that the issue raised by PRM-50-91 can be 
resolved through an administrative rulemaking which restores the 
original paragraph designations. In this final rule, the NRC is 
restoring the original paragraph designations as existed in Sec.  50.36 
before the 2007 Part 52 rulemaking. In addition, the NRC is 
redesignating the new paragraph (c) which was adopted in the 2007 Part 
52 final rulemaking as a new paragraph (a)(2). The existing text of 
paragraph (a) is being redesignated as paragraph (a)(1). The NRC 
believes that this redesignation of paragraph (a) will not result in 
any cross-referencing issues, inasmuch as any reference to Sec.  
50.36(a) will continue to be valid with the redesignation. The NRC also 
believes it is unlikely that any technical specifications, final safety 
analysis reports, or plant procedures actually reference paragraph (a) 
given the subject matter of that paragraph. This final rule closes the 
docket on PRM-50-91.

Rulemaking Procedure

    Because this amendment constitutes a minor administrative 
correction to the regulations, the notice and comment

[[Page 54932]]

provisions of the Administrative Procedure Act do not apply pursuant to 
5 U.S.C. 553(b)(B).

Environmental Impact: Categorical Exclusion

    The NRC has determined that this final rule is the type of action 
described in categorical exclusion under 10 CFR 51.22(c)(2). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    The final rule does not contain information collection requirements 
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 of an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Congressional Review Act

    In accordance with the Congressional Review Act of 1996, the NRC 
has determined that this action is not a major rule and has verified 
this determination with the Office of Information and Regulatory 
Affairs of OMB.

List of Subjects for 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.


0
For the reasons set forth 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 Part 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

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

    Authority: Secs. 102, 103, 104, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); sec. 651(e), Pub. 
L. 109-58, 119 Stat. 806-810 (42 U.S.C. 2014, 2021, 2021b, 2111).
    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5841). Section 50.10 also issued under secs. 101, 
185, 68 Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. 
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
50.55a and appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).


Sec.  50.36  [Amended]

0
2. Section 50.36 is amended by redesignating paragraph (a) as paragraph 
(a)(1), redesignating paragraph (c) as paragraph (a)(2), and 
redesignating paragraphs (d), (e), and (f) as paragraphs (c), (d), and 
(e), respectively.

    Dated at Rockville, Maryland, this 5th day of September, 2008.

    For the Nuclear Regulatory Commission.
Bruce S. Mallett,
Acting Executive Director for Operations.
[FR Doc. E8-22355 Filed 9-23-08; 8:45 am]
BILLING CODE 7590-01-P
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