Increase in the Primary Nuclear Liability Insurance Premium, 16645-16646 [2010-7394]

Download as PDF wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations maximum extent practicable. Electronic submission may be by any form of electronic transmission that has been determined to be acceptable to the Administrator. To obtain current options for acceptable methods to submit information electronically, contact GIPSA through the Internet on the GIPSA Web site (https:// www.gipsa.usda.gov) or at USDA GIPSA, Suite 317, 210 Walnut Street, Des Moines, Iowa 50309. (2) Printed report. Each packer may deliver its printed monthly report to USDA GIPSA, Suite 317, 210 Walnut Street, Des Moines, Iowa 50309. (g) What information from monthly reports will be made available to the public and when and how will the information be made available to the public? (1) Availability. GIPSA will provide a monthly report of estimated deliveries by contract types as reported by packers in accordance with this section, for public release on the first business day of each month. The monthly reports will be available on the Internet on the GIPSA Web site (https:// www.gipsa.usda.gov) and at USDA GIPSA, Suite 317, 210 Walnut Street, Des Moines, Iowa 50309. (2) Regions. Information in the report will be aggregated and reported by geographic regions. Geographic regions will be defined in such a manner to provide as much information as possible while maintaining confidentiality in accordance with section 251 of the Agricultural Marketing Act (7 U.S.C. 1636) and may be modified from time to time. (3) Reported information. The monthly report will provide the following information: (i) The existing contract types for each geographic region. (ii) The contract types currently being made available to additional producers or available for renewal to currently contracted producers in each geographic region. (iii) The sum of packers’ reported estimates of the total number of swine committed by contract for delivery during the next 6 and 12 months beginning with the month the report is published. The report will indicate the number of swine committed by geographic reporting region and by contract type. (iv) The types of conditions or circumstances as reported by packers that could result in expansion in the numbers of swine to be delivered under the terms of expansion clauses in the contracts at any time during the following 12 calendar months. VerDate Nov<24>2008 12:54 Apr 01, 2010 Jkt 220001 (v) The sum of packers’ reported estimates of the maximum total number of swine that potentially could be delivered during each of the next 6 and 12 months if all expansion clauses in current contracts are executed. The report will indicate the sum of estimated maximum potential deliveries by geographic reporting region and by contract type. (h) Where and how do I file a waiver request? The waiver request must be submitted in writing and include a statement that the packer does not procure swine using marketing agreements. The packer must send the waiver request to the GIPSA Regional Office in Des Moines, Iowa. If the waiver request is approved, GIPSA will inform the packer in writing that it has been granted a waiver for 12 months following the date of receipt of the waiver request unless the status of the packer changes during that year. The packer will be notified to submit the information required in this part if it begins using marketing agreements during the waiver period or if GIPSA determines that the packer utilizes marketing agreements. J. Dudley Butler, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 2010–7382 Filed 4–1–10; 8:45 am] BILLING CODE 3410–KD–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 140 [NRC–2009–0516] RIN 3150–AI74 Increase in the Primary Nuclear Liability Insurance Premium SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its regulations that govern financial protection requirements and indemnity agreements to increase the primary nuclear liability insurance layer from $300 million to $375 million for liability insurance coverage in the event of nuclear incidents at licensed, operating, commercial nuclear power plants with a rated capacity of 100,000 kW or more. DATES: Effective Date: May 3, 2010. FOR FURTHER INFORMATION CONTACT: Anneliese Simmons, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, Frm 00005 Fmt 4700 Sfmt 4700 DC 20555–0001, telephone 301–415– 2791, e-mail Anneliese.Simmons@nrc.gov. The NRC regulations at 10 CFR part 140, ‘‘Financial Protection Requirements and Indemnity Agreements,’’ provide requirements and procedures for implementing the financial protection requirements for certain licensees and other persons under section 170 of the Atomic Energy Act (AEA) of 1954, as amended. Section 140.11(a)(4) specifies the amount of financial protection required of a licensee for a nuclear reactor that is licensed to operate, is designed for the production of electrical energy, and has a rated capacity of 100,000 kW or more. This amount is currently $300 million and will increase to $375 million, based on an adjustment by American Nuclear Insurers (ANI), which currently writes all nuclear liability policies. On a periodic basis, ANI assesses current insurance levels to insure that adequate financial protection is available, and adjusts insurance levels as required. This adjustment is required by the Price-Anderson Amendments Act of 1988. To implement this adjustment, the Commission is revising 10 CFR 140.11(a)(4), effective 30 days after publication in the Federal Register, to require large nuclear power plant licensees to maintain $375 million in primary financial protection. Because this adjustment by the Commission is essentially ministerial in nature, the Commission finds that there is good cause for omitting notice and public comment (in the form of a proposed rule) on this action as unnecessary, under the Administrative Procedure Act of 1946 (5 U.S.C. 553b). SUPPLEMENTARY INFORMATION: Voluntary Consensus Standards Nuclear Regulatory Commission. ACTION: Final rule. AGENCY: PO 00000 16645 The National Technology Transfer and Advancement Act of 1995, Public Law 104–113, requires agencies to use technical standards developed or adopted by voluntary consensus standards bodies unless the use of such standards is inconsistent with applicable law or is otherwise impractical. The NRC is amending its regulations to increase the primary premium for liability insurance coverage in the event of nuclear incidents at licensed, operating, commercial nuclear power plants with a rated capacity of 100,000 kW or more. This action does not constitute the establishment of a standard that contains generally applicable requirements. E:\FR\FM\02APR1.SGM 02APR1 16646 Federal Register / Vol. 75, No. 63 / Friday, April 2, 2010 / Rules and Regulations List of Subjects in 10 CFR Part 140 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)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. Paperwork Reduction Act Statement This final rule does not contain a new or an amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval number 3150– 0039. Criminal penalty, 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 amendment to 10 CFR part 140. ■ PART 140—FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY AGREEMENTS Public Protection Notification 1. The authority citation for Part 140 continues to read as follows: If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection. Authority: (42 U.S.C. 2201, 2210); secs. 161, 170, 68 Stat. 948, 71 Stat. 576, as amended; (42 U.S.C. 2201, 2210); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842); Sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Pub. L 109– 58. Regulatory Analysis ■ 2. In § 140.11, paragraph (a)(4) is revised to read as follows: Because this increase is required by statute, no other alternatives were considered. See also the discussion in the Regulatory Flexibility Certification for this rule. Regulatory Flexibility Certification Under the Regulatory Flexibility Act of 1980, (5 U.S.C. 605(b)), the Commission certifies that this final rule will not have a significant economic impact on a substantial number of small entities. This final rule affects only the licensing and operation of nuclear power plants. The companies that own these plants do not fall within the scope of the definition of ‘‘small entities’’ set forth in the Regulatory Flexibility Act or the size standards established by the NRC (10 CFR 2.810). wwoods2 on DSK1DXX6B1PROD with RULES_PART 1 Backfit Analysis The NRC has determined that the backfit rule does not apply to this final rule. A backfit analysis is not required for this final rule because this amendment is mandated by the PriceAnderson Amendments Act of 1988 (Pub. L. 100–408). Congressional Review Act Under 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. VerDate Nov<24>2008 12:54 Apr 01, 2010 ■ Jkt 220001 § 140.11 Amounts of financial protection for certain reactors. (a) * * * (4) In an amount equal to the sum of $375,000,000 and the amount available as secondary financial protection (in the form of private liability insurance available under an industry retrospective rating plan providing for deferred premium charges equal to the pro rata share of the aggregate public liability claims and costs, excluding costs payment of which is not authorized by Section 170o.(1)(D), in excess of that covered by primary financial protection) for each nuclear reactor which is licensed to operate and which is designed for the production of electrical energy and has a rated capacity of 100,000 electrical kilowatts or more: Provided, however, that under such a plan for deferred premium charges for each nuclear reactor which is licensed to operate, no more than $111,900,000 with respect to any nuclear incident (plus any surcharge assessed under Subsection 170o.(1)(E) of the Act) and no more than $17,500,000 per incident within one calendar year shall be charged. Except that, where a person is authorized to operate a combination of 2 or more nuclear reactors located at a single site, each of which has a rated capacity of 100,000 or more electrical kilowatts but not more than 300,000 electrical kilowatts with a combined rated capacity of not more PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 than 1,300,000 electrical kilowatts, each such combination of reactors shall be considered to be a single nuclear reactor for the sole purpose of assessing the applicable financial protection required under this section. * * * * * Dated at Rockville, Maryland, this 4th day of March 2010. For the Nuclear Regulatory Commission. R.W. Borchardt, Executive Director for Operations. [FR Doc. 2010–7394 Filed 4–1–10; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–1214; Directorate Identifier 2009–NM–091–AD; Amendment 39–16251; AD 2010–07–06] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc. Model BD–100–1A10 (Challenger 300) Airplanes AGENCY: Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. SUMMARY: We are adopting a new airworthiness directive (AD) for the products listed above. This AD results from mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: There has been an incident during a production flight test where the proximitysensor electronic unit (PSEU) failed. This resulted in unannunciated loss of: • Wheel brakes below 10 knots; • Thrust reverser; • Nose wheel steering; and • Auto-deployment of the multi-function spoilers. A similar condition, if not corrected, may result in reduced controllability of the aircraft upon landing and possible overrun of the runway. * * * * * We are issuing this AD to require actions to correct the unsafe condition on these products. DATES: This AD becomes effective May 7, 2010. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of May 7, 2010. E:\FR\FM\02APR1.SGM 02APR1

Agencies

[Federal Register Volume 75, Number 63 (Friday, April 2, 2010)]
[Rules and Regulations]
[Pages 16645-16646]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7394]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 140

[NRC-2009-0516]
RIN 3150-AI74


Increase in the Primary Nuclear Liability Insurance Premium

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations that govern financial protection requirements and indemnity 
agreements to increase the primary nuclear liability insurance layer 
from $300 million to $375 million for liability insurance coverage in 
the event of nuclear incidents at licensed, operating, commercial 
nuclear power plants with a rated capacity of 100,000 kW or more.

DATES: Effective Date: May 3, 2010.

FOR FURTHER INFORMATION CONTACT: Anneliese Simmons, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone 301-415-2791, e-mail Anneliese.Simmons@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC regulations at 10 CFR part 140, 
``Financial Protection Requirements and Indemnity Agreements,'' provide 
requirements and procedures for implementing the financial protection 
requirements for certain licensees and other persons under section 170 
of the Atomic Energy Act (AEA) of 1954, as amended. Section 
140.11(a)(4) specifies the amount of financial protection required of a 
licensee for a nuclear reactor that is licensed to operate, is designed 
for the production of electrical energy, and has a rated capacity of 
100,000 kW or more. This amount is currently $300 million and will 
increase to $375 million, based on an adjustment by American Nuclear 
Insurers (ANI), which currently writes all nuclear liability policies. 
On a periodic basis, ANI assesses current insurance levels to insure 
that adequate financial protection is available, and adjusts insurance 
levels as required. This adjustment is required by the Price-Anderson 
Amendments Act of 1988.
    To implement this adjustment, the Commission is revising 10 CFR 
140.11(a)(4), effective 30 days after publication in the Federal 
Register, to require large nuclear power plant licensees to maintain 
$375 million in primary financial protection. Because this adjustment 
by the Commission is essentially ministerial in nature, the Commission 
finds that there is good cause for omitting notice and public comment 
(in the form of a proposed rule) on this action as unnecessary, under 
the Administrative Procedure Act of 1946 (5 U.S.C. 553b).

Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires agencies to use technical standards 
developed or adopted by voluntary consensus standards bodies unless the 
use of such standards is inconsistent with applicable law or is 
otherwise impractical. The NRC is amending its regulations to increase 
the primary premium for liability insurance coverage in the event of 
nuclear incidents at licensed, operating, commercial nuclear power 
plants with a rated capacity of 100,000 kW or more. This action does 
not constitute the establishment of a standard that contains generally 
applicable requirements.

[[Page 16646]]

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)(1). Therefore, 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this final rule.

Paperwork Reduction Act Statement

    This final rule does not contain a new or an amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval number 3150-0039.

Public Protection Notification

    If a means used to impose an information collection does not 
display a currently valid OMB control number, the NRC may not conduct 
or sponsor, and a person is not required to respond to, the information 
collection.

Regulatory Analysis

    Because this increase is required by statute, no other alternatives 
were considered. See also the discussion in the Regulatory Flexibility 
Certification for this rule.

Regulatory Flexibility Certification

    Under the Regulatory Flexibility Act of 1980, (5 U.S.C. 605(b)), 
the Commission certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities. 
This final rule affects only the licensing and operation of nuclear 
power plants. The companies that own these plants do not fall within 
the scope of the definition of ``small entities'' set forth in the 
Regulatory Flexibility Act or the size standards established by the NRC 
(10 CFR 2.810).

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
final rule. A backfit analysis is not required for this final rule 
because this amendment is mandated by the Price-Anderson Amendments Act 
of 1988 (Pub. L. 100-408).

Congressional Review Act

    Under 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 in 10 CFR Part 140

    Criminal penalty, Extraordinary nuclear occurrence, Insurance, 
Intergovernmental relations, Nuclear materials, Nuclear power plants 
and reactors, Reporting and recordkeeping requirements.


0
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 amendment to 10 CFR part 140.

PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY 
AGREEMENTS

0
1. The authority citation for Part 140 continues to read as follows:

    Authority:  (42 U.S.C. 2201, 2210); secs. 161, 170, 68 Stat. 
948, 71 Stat. 576, as amended; (42 U.S.C. 2201, 2210); secs. 201, as 
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 
5842); Sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note); Pub. L 109-
58.


0
2. In Sec.  140.11, paragraph (a)(4) is revised to read as follows:


Sec.  140.11  Amounts of financial protection for certain reactors.

    (a) * * *
    (4) In an amount equal to the sum of $375,000,000 and the amount 
available as secondary financial protection (in the form of private 
liability insurance available under an industry retrospective rating 
plan providing for deferred premium charges equal to the pro rata share 
of the aggregate public liability claims and costs, excluding costs 
payment of which is not authorized by Section 170o.(1)(D), in excess of 
that covered by primary financial protection) for each nuclear reactor 
which is licensed to operate and which is designed for the production 
of electrical energy and has a rated capacity of 100,000 electrical 
kilowatts or more: Provided, however, that under such a plan for 
deferred premium charges for each nuclear reactor which is licensed to 
operate, no more than $111,900,000 with respect to any nuclear incident 
(plus any surcharge assessed under Subsection 170o.(1)(E) of the Act) 
and no more than $17,500,000 per incident within one calendar year 
shall be charged. Except that, where a person is authorized to operate 
a combination of 2 or more nuclear reactors located at a single site, 
each of which has a rated capacity of 100,000 or more electrical 
kilowatts but not more than 300,000 electrical kilowatts with a 
combined rated capacity of not more than 1,300,000 electrical 
kilowatts, each such combination of reactors shall be considered to be 
a single nuclear reactor for the sole purpose of assessing the 
applicable financial protection required under this section.
* * * * *

    Dated at Rockville, Maryland, this 4th day of March 2010.

    For the Nuclear Regulatory Commission.
R.W. Borchardt,
Executive Director for Operations.
[FR Doc. 2010-7394 Filed 4-1-10; 8:45 am]
BILLING CODE 7590-01-P
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