Miscellaneous Corrections, 34245-34250 [2013-13539]
Download as PDF
34245
Rules and Regulations
Federal Register
Vol. 78, No. 110
Friday, June 7, 2013
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 Parts 1, 2, 40, 50, 51, 52, 70,
73, and 100
[NRC–2013–0019]
RIN 3150–AJ23
Miscellaneous Corrections
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
regulations to make miscellaneous
corrections. These changes include
updating 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. This document is necessary to
inform the public of these nonsubstantive changes to the NRC’s
regulations.
DATES: This rule is effective on July 8,
2013.
ADDRESSES: Please refer to Docket ID
NRC–2013–0019 when contacting the
NRC about the availability of
information for this final rule. You may
access information related to this final
rule, which the NRC possesses and is
publicly available, using any of the
following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0019. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. 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
pmangrum on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:28 Jun 06, 2013
Jkt 229001
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/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 pdr.resource@nrc.gov.
• 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, Rules
Announcements and Directives Branch,
Division of Administrative Services,
Office of Administration, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–492–
3515, email:
Christian.LeatherburyDaniels@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is amending its regulations
in chapter I of Title 10 of the Code of
Federal Regulations (10 CFR) to make
miscellaneous corrections. These
changes include 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. This
document is necessary to inform the
public of these non-substantive changes
to the NRC’s regulations.
II. Summary of Changes
10 CFR Part 1
Correct Office Title. The
organizational name of the NRC’s
human capital office is changed from
‘‘Office of Human Resources’’ to ‘‘Office
of the Chief Human Capital Officer,’’
wherever it appears in 10 CFR part 1.
10 CFR Part 2
Correct Reference. In § 2.311(b), the
reference to § 2.341(c)(2) is incorrect. In
this paragraph, the reference
‘‘§ 2.341(c)(2)’’ is replaced with the
reference ‘‘§ 2.341(c)(3).’’
Revise Language for Consistency.
Section 2.346(e) is identical to 2.346(f)
due to an error from the last revision to
this section. The rule text is revised for
consistency with the change intended
from that rulemaking. The
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Commission’s recent update to its rules
of practice and procedure intended to
authorize the Secretary to extend the
time for the Commission to rule on a
petition for review under § 2.341, and
did not intend to create an identical
provision to § 2.346(f). (77 FR 46576–
46578, 46584; August 3, 2012). This
change implements the intended
revision to the language to maintain the
authority of the Secretary to extend the
time for the Commission to rule on a
petition for review under § 2.341 and to
remove the reference in the rule to
§ 2.311.
10 CFR Part 40
Correct Reference. In § 40.36(e)(2), the
references to ‘‘Appendix C to this part,’’
‘‘Appendix D to this part,’’ and
‘‘Appendix E to this part’’ are incorrect.
In this paragraph, the references to these
appendices should be replaced with
references to ‘‘Appendix C to part 30 of
this chapter,’’ ‘‘Appendix D to part 30
of this chapter,’’ and ‘‘Appendix E to
part 30 of this chapter.’’
10 CFR Part 50
Revise Language for Clarity. In
§ 50.47(d), the phrase ‘‘rated power’’ is
revised to read, ‘‘rated thermal power’’
is added for clarity and consistency
with 10 CFR 50.54(gg)(1).
In appendix E to 10 CFR part 50,
section IV, paragraph F.2.a.(i), the
phrase ‘‘rated power’’ is revised to read
‘‘rated thermal power’’ for clarity and
consistency with 10 CFR 50.54(gg)(1).
Insert Missing References. In § 50.54,
the reference to paragraphs (q) and (hh)
are inserted to provide a complete list
of provisions.
Correct Reference. In § 50.55(e)(4)(i),
the reference to ‘‘(e)(10)’’ is incorrect. In
this paragraph, the reference ‘‘(e)(10)’’ is
replaced with the reference ‘‘(e)(4)(v).’’
In § 50.55(e)(4)(iii), the references to
‘‘(e)(3)(ii)(C)’’ and ‘‘(4)(v)’’ are incorrect.
In this paragraph, the reference
‘‘(e)(3)(ii)(C)’’ is replaced with reference
‘‘(e)(3)(iii)(C)’’ and the reference ‘‘(4)(v)’’
is replaced with reference ‘‘(e)(4)(v).’’
In § 50.55(e)(6), the reference to
‘‘(e)(9)(ii)’’ is incorrect. In this
paragraph, the reference ‘‘(e)(9)(ii)’’ is
replaced with the reference ‘‘(e)(5)(ii).’’
In appendix G to 10 CFR part 50,
section IV, the reference to ‘‘Table 3’’ is
incorrect. In this section the references
to ‘‘Table 3’’ are replaced with the
references to ‘‘Table 1.’’
E:\FR\FM\07JNR1.SGM
07JNR1
34246
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations
10 CFR Part 51
Revise Language for Clarity. In
§ 51.22(c)(9), the word ‘‘grants’’ is
replaced by ‘‘issuance’’ to maintain
conformity with the language
concerning ‘‘issuance of an
amendment’’ and because a ‘‘grant’’ of
an exemption request is not subordinate
to or part of the preceding ‘‘issuance of
an amendment’’ language. The phrase
‘‘the issuance of an amendment to a
permit or license for a reactor under part
50 or part 52 of this chapter,’’ is added
to clarify that the exemption issuances
covered by this categorical exclusion
apply only to exemptions from
requirements concerning the installation
or use of a facility component located
within the 10 CFR part 20 defined
restricted area. The § 51.22(c)(9)
categorical exclusion does not apply to
issuances of exemptions from
inspection or surveillance requirements.
Issuances of exemptions from
inspection or surveillance requirements
are covered by the categorical exclusion
set forth in § 51.22(c)(25)(vi)(C). The use
of semicolons and changing ‘‘which’’ to
‘‘that’’ further clarifies the provision.
10 CFR Part 52
Correct Reference. In § 52.17(b)(2)(i),
the reference to ‘‘Department of
Homeland Security (DHS)’’ is replaced
with the reference ‘‘Federal Emergency
Management Agency (FEMA).’’
Correct Reference. In § 52.17(b)(2)(ii),
the reference to ‘‘DHS’’ is replaced with
the reference ‘‘FEMA.’’
Correct Reference. In § 52.18, the
reference to ‘‘DHS’’ is replaced with
‘‘Federal Emergency Management
Agency.’’
Revise Language for Clarity. In
§ 52.79(b)(4), the phrase, ‘‘decrease in
effectiveness’’ is revised to read
‘‘reduction in effectiveness,’’ for clarity
and consistency with § 50.54(q)(iv).
Insert Missing Reference. In § 52.163,
the reference to subpart E is inserted to
provide a complete list of referenced
hearing procedures.
pmangrum on DSK3VPTVN1PROD with RULES
10 CFR Part 70
Correct Reference. In § 70.25(f)(2), the
references to ‘‘Appendix A to this part,’’
‘‘Appendix C to this part,’’ ‘‘Appendix
D to this part,’’ and ‘‘Appendix E to this
part,’’ are incorrect. In this paragraph,
the references to these appendices
should be replaced with references to
‘‘appendix A to part 30 of this chapter,’’
‘‘appendix C to part 30 of this chapter,’’
‘‘appendix D to part 30 of this chapter,’’
and ‘‘appendix E to part 30 of this
chapter.’’
VerDate Mar<15>2010
14:28 Jun 06, 2013
Jkt 229001
10 CFR Part 73
Correct Grammatical Error. In § 73.6,
paragraph (a) is revised to replace the
colon at the end of the sentence with a
period. Paragraph (b), is revised to
replace the semicolon and the word
‘‘and’’ at the end of the sentence with
a period. These grammatical errors are
being corrected to clarify that the
criteria in paragraphs (a) and (b) are to
be treated as independent criteria as
intended in the Atomic Energy
Commission’s February 1, 1973 (38 FR
3082), final rule.
Adding Metric Units. In § 73.6(b),
metric units are added for the external
radiation level, ‘‘1 Gray (100 Rad),’’ and
distance, ‘‘1 meter (3.3 feet),’’ to meet
agency policy of using dual units.
10 CFR Part 100
Revise Language for Clarity. In
§ 100.20(b) and § 100.21(d) and (e), the
term ‘‘site parameter’’ is revised to read,
‘‘site characteristics’’ for clarity and
consistency with 10 CFR part 52.
Correct Reference. In appendix A to
10 CFR part 100, section II, the reference
to § 50.10(c)(1) is no longer correct. In
this sentence the reference ‘‘50.10(c)(1)’’
is replaced with the reference
‘‘50.10(a)(2)(ii).’’
III. 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, the revisions
are of the following types: Revision of
the name for an NRC office; correction
and insertion of cross-references to
sections of 10 CFR chapter I; correction
of grammatical errors; specification of
metric units; and revision to provide
clarity and consistency. 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.
IV. Environmental Impact: Categorical
Exclusion
The NRC has determined that this
final rule is the type of action described
in categorical exclusion 10 CFR
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
51.22(c)(2), which excludes from a
major action rules which are corrective
or of minor nonpolicy nature and do not
substantially modify existing
regulations. Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for this rule.
V. Paperwork Reduction Act Statement
This final rule does not contain
information collection requirements
and, therefore, is not 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 or an
information collection requirement
unless the requesting document
displays a currently valid Office of
Management and Budget control
number.
VI. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
VII. Backfitting and Issue Finality
The NRC has determined that the
administrative changes in this final rule
do not constitute backfitting, and
therefore a backfit analysis is not
included. The revisions are
administrative in nature, including
revision of the name for an NRC office;
correction and insertion of crossreferences to sections of 10 CFR Chapter
I; correction of grammatical errors;
specification of metric units; and
revisions to provide clarity and
consistency. They impose no new
requirements and make no substantive
changes to the regulations. The
revisions do not involve any provisions
that would impose backfits as defined in
10 CFR chapter I, or would be
inconsistent with the issue finality
provisions in 10 CFR part 52. For these
reasons, the issuance of the rule in final
form would not constitute backfitting.
Therefore, a backfit analysis was not
prepared.
List of Subjects
10 CFR Part 1
Organization and functions
(Government Agencies).
E:\FR\FM\07JNR1.SGM
07JNR1
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations
10 CFR Part 2
Administrative practice and
procedure, Antitrust, Byproduct
material, Classified information,
Environmental protection, Nuclear
materials, Nuclear power plants and
reactors, Penalties, Sex discrimination,
Source material, Special nuclear
material, Waste treatment and disposal.
Criminal penalties, Government
contracts, Hazardous materials
transportation, Nuclear materials,
Reporting and recordkeeping
requirements, Source material,
Uranium.
2. In part 1, wherever it appears,
remove the phrase ‘‘Office of Human
Resources’’ and add in its place the
phrase ‘‘Office of the Chief Human
Capital Officer.’’
PART 2—AGENCY RULES OF
PRACTICE AND PROCEDURE
Administrative practice and
procedure, Environmental impact
statement, Nuclear materials, Nuclear
power plants and reactors, Reporting
and recordkeeping requirements.
3. The authority citation for part 2
continues to read as follows:
■
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.
pmangrum on DSK3VPTVN1PROD with RULES
10 CFR Part 73
Criminal penalties, Export, Hazardous
materials transportation, Import,
Nuclear materials, Nuclear power plants
and reactors, Reporting and
recordkeeping requirements, Security
measures.
Jkt 229001
*
■
10 CFR Part 51
14:28 Jun 06, 2013
§ 2.311 Interlocutory review of rulings on
requests for hearings/petitions to intervene,
selection of hearing procedures, and
requests by potential parties for access to
sensitive unclassified non-safeguards
information and safeguards information.
Authority: Atomic Energy Act secs. 23, 29,
161, 191 (42 U.S.C. 2033, 2039, 2201, 2241);
Energy Reorganization Act secs. 201, 203,
204, 205, 209 (42 U.S.C. 5841, 5843, 5844,
5845, 5849); 5 U.S.C. 552, 553;
Reorganization Plan No. 1 of 1980, 45 FR
40561, June 16, 1980.
Antitrust, Classified information,
Criminal penalties, Fire protection,
Intergovernmental relations, Nuclear
power plants and reactors, Radiation
protection, Reactor siting criteria,
Reporting and recordkeeping
requirements.
VerDate Mar<15>2010
4. In § 2.311, revise paragraph (b) to
read as follows:
■
PART 1—STATEMENT OF
ORGANIZATION AND GENERAL
INFORMATION
■
10 CFR Part 50
Nuclear power plants and reactors,
Reactor siting criteria.
Act sec. 189 (42 U.S.C. 2239). Subpart M also
issued under Atomic Energy Act sec. 184,
189 (42 U.S.C. 2234, 2239). Subpart N also
issued under Atomic Energy Act sec. 189 (42
U.S.C. 2239).
1. The authority citation for part 1
continues to read as follows:
10 CFR Part 40
10 CFR Part 100
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 1, 2, 40,
50, 51, 52, 70, 73, and 100.
34247
Authority: Atomic Energy Act secs.161,
181, 191 (42 U.S.C. 2201, 2231, 2241); Energy
Reorganization Act sec. 201 (42 U.S.C. 5841);
5 U.S.C. 552; Government Paperwork
Elimination Act sec. 1704 (44 U.S.C. 3504
note).
Section 2.101 also issued under Atomic
Energy Act secs. 53, 62, 63, 81, 103, 104 (42
U.S.C. 2073, 2092, 2093, 2111, 2133, 2134,
2135); Nuclear Waste Policy Act sec. 114(f)
(42 U.S.C. 10143(f)); National Environmental
Policy Act sec. 102 (42 U.S.C. 4332); Energy
Reorganization Act sec. 301 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.321
also issued under Atomic Energy Act secs.
102, 103, 104, 105, 183i, 189 (42 U.S.C. 2132,
2133, 2134, 2135, 2233, 2239). Sections
2.200–2.206 also issued under Atomic Energy
Act secs. 161, 186, 234 (42 U.S.C. 2201 (b),
(i), (o), 2236, 2282); sec. 206 (42 U.S.C. 5846).
Section 2.205(j) also issued under Pub. L.
101–410, as amended by section 3100(s),
Pub. L. 104–134 (28 U.S.C. 2461 note).
Subpart C also issued under Atomic Energy
Act sec. 189 (42 U.S.C. 2239). Section 2.301
also issued under 5 U.S.C. 554. Sections
2.343, 2.346, 2.712 also issued under 5 U.S.C.
557. Section 2.340 also issued under Nuclear
Waste Policy Act secs. 135, 141, Pub. L. 97–
425, 96 Stat. 2232, 2241 (42 U.S.C. 10155,
10161). Section 2.390 also issued under 5
U.S.C. 552. Sections 2.600–2.606 also issued
under sec. 102 (42 U.S.C. 4332). Sections
2.800 and 2.808 also issued under 5 U.S.C.
553. Section 2.809 also issued under 5 U.S.C.
553; Atomic Energy Act sec. 29 (42 U.S.C.
2039). Subpart K also issued under Atomic
Energy Act sec. 189 (42 U.S.C. 2239); Nuclear
Waste Policy Act sec. 134 (42 U.S.C. 10154).
Subpart L also issued under Atomic Energy
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
*
*
*
*
(b) These appeals must be made as
specified by the provisions of this
section, within 25 days after the service
of the order. The appeal must be
initiated by the filing of a notice of
appeal and accompanying supporting
brief. Any party who opposes the appeal
may file a brief in opposition to the
appeal within 25 days after service of
the appeal. The supporting brief and
any answer must conform to the
requirements of § 2.341(c)(3). No other
appeals from rulings on requests for
hearing are allowed.
*
*
*
*
*
■ 5. In § 2.346, revise paragraph (e) to
read as follows:
§ 2.346
Authority of the Secretary.
*
*
*
*
*
(e) Extend the time for the
Commission to rule on a petition for
review under § 2.341;
*
*
*
*
*
PART 40—DOMESTIC LICENSING OF
SOURCE MATERIAL
6. The authority citation for part 40
continues to read as follows:
■
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).
7. In § 40.36, revise paragraph (e)(2)
introductory text to read as follows:
■
§ 40.36 Financial assurance and
recordkeeping for decommissioning.
*
E:\FR\FM\07JNR1.SGM
*
*
07JNR1
*
*
34248
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations
(e) * * *
(2) A surety method, insurance, or
other guarantee method. These methods
guarantee that decommissioning costs
will be paid. A surety method may be
in the form of a surety bond, or letter of
credit. A parent company guarantee of
funds for decommissioning costs based
on a financial test may be used if the
guarantee and test are as contained in
appendix A to part 30 of this chapter.
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 in
appendix C to part 30 of this chapter.
For commercial companied 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.
For nonprofit entities, such as colleges,
universities, and nonprofit hospitals, a
guarantee of funds by the applicant or
licensee may be used if the guarantee
and test are as contained in appendix E
to part 30 of this chapter. Except for an
external sinking fund, a parent company
guarantee or guarantee by the applicant
or licensee may not be used in
combination with any other financial
methods used to satisfy the
requirements of this section. A
guarantee by the applicant or licensee
may not be used in any situation where
the applicant or licensee has a parent
company holding majority control of the
voting stock of the company. Any surety
method or insurance used to provide
financial assurance for
decommissioning must contain the
following conditions:
*
*
*
*
*
PART 50—DOMESTIC LICENSING OF
PRODUCTION AND UTILIZATION
FACILITIES
8. The authority citation for part 50
continues to read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
■
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
VerDate Mar<15>2010
14:28 Jun 06, 2013
Jkt 229001
(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).
9. In § 50.47, paragraph (d), revise the
first sentence of the introductory text to
read as follows:
■
§ 50.47
Emergency plans.
*
*
*
*
*
(d) Notwithstanding the requirements
of paragraphs (a) and (b) of this section,
and except as specified by this
paragraph, no NRC or FEMA review,
findings, or determinations concerning
the state of offsite emergency
preparedness or the adequacy of and
capability to implement State and local
or utility offsite emergency plans are
required prior to issuance of an
operating license authorizing only fuel
loading or low power testing and
training (up to 5 percent of the rated
thermal power). * * *
*
*
*
*
*
■ 10. In § 50.54, revise the second
sentence of the introductory text to read
as follows:
§ 50.54
§ 50.55 Conditions of construction
permits, early site permits, combined
licenses, and manufacturing licenses.
*
*
*
*
(e) * * *
(4) * * *
(i) The holder of a facility
construction permit subject to this part,
combined license (until the Commission
makes the finding under 10 CFR
52.103(g)), and manufacturing license
who obtains information reasonably
indicating that the facility fails to
comply with the AEA, as amended, or
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
Appendix E to Part 50—Emergency
Planning and Preparedness for
Production and Utilization Facilities
*
Conditions of licenses.
* * * The following paragraphs with
the exception of paragraph (r), (s), and
(u) of this section are conditions in
every combined license issued under
part 52 of this chapter, provided,
however, that paragraphs (i), (i-1), (j),
(k), (l), (m), (n), (q), (w), (x), (y), (z), and
(hh) of this section are only applicable
after the Commission makes the finding
under § 52.103(g) of this chapter.
*
*
*
*
*
■ 11. In § 50.55, revise paragraphs
(e)(4)(i), (e)(4)(iii), and (e)(6)
introductory text to read as follows:
*
any applicable regulation, order, or
license of the Commission relating to a
substantial safety hazard must notify the
Commission of the failure to comply
through a director or responsible officer
or designated person as discussed in
paragraph (e)(4)(v) of this section.
*
*
*
*
*
(iii) The holder of a facility
construction permit subject to this part,
combined license, or manufacturing
license, who obtains information
reasonably indicating that the quality
assurance program has undergone any
significant breakdown discussed in
paragraph (e)(3)(iii)(C) of this section
must notify the Commission of the
breakdown in the quality assurance
program through a director or
responsible officer or designated person
as discussed in paragraph (e)(4)(v) of
this section.
*
*
*
*
*
(6) Content of notification. The
written notification required by
paragraph (e)(5)(ii) of this section must
clearly indicate that the written
notification is being submitted under
§ 50.55(e) and include the following
information, to the extent known.
*
*
*
*
*
■ 12. In appendix E to part 50, section
IV, paragraph F.2.a.(i), revise the first
sentence to read as follows:
*
*
*
*
IV. * * *
F. * * *
2. * * *
a. * * *
(i) For an operating license issued under
this part, this exercise must be conducted
within 2 years before the issuance of the first
operating license for full power (one
authorizing operation above 5 percent of
rated thermal power) of the first reactor and
shall include participation by each State and
local government within the plume exposure
pathway EPZ and each state within the
ingestion exposure pathway EPZ. * * *
*
*
*
*
*
■ 13. In appendix G to part 50, section
IV, revise paragraphs A.2.a., A.2.b., and
A.2.c. to read as follows:
Appendix G to Part 50—Fracture
Toughness Requirements
*
*
*
*
*
IV. * * *
A. * * *
2. * * *
a. Pressure-temperature limits and
minimum temperature requirements for the
reactor vessel are given in table 1, and are
defined by the operating condition (i.e.,
hydrostatic pressure and leak tests, or normal
operation including anticipated operational
E:\FR\FM\07JNR1.SGM
07JNR1
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations
occurrences), the vessel pressure, whether or
not fuel is in the vessel, and whether the core
is critical. In table 1, the vessel pressure is
defined as a percentage of the preservice
system hydrostatic test pressure. The
appropriate requirements on both the
pressure-temperature limits and the
minimum permissible temperature must be
met for all conditions.
b. The pressure-temperature limits
identified as ‘‘ASME Appendix G limits’’ in
table 1 require that the limits must be at least
as conservative as limits obtained by
following the methods of analysis and the
margins of safety of Appendix G of Section
XI of the ASME Code.
c. The minimum temperature requirements
given in table 1 pertain to the controlling
material, which is either the material in the
closure flange of the material in the beltline
region with the highest reference
temperature. As specified in table 1, the
minimum temperature requirements and the
controlling material depend on the operating
condition (i.e., hydrostatic pressure and leak
tests, or normal operation including
anticipated operational occurrences), the
vessel pressure, whether fuel is in the vessel,
and whether the core is critical. The metal
temperature of the controlling material, in
the region of the controlling material which
has the least favorable combination of stress
and temperature must exceed the appropriate
minimum temperature requirement for the
condition and pressure of the vessel specified
in table 1.
*
*
*
*
*
PART 51—ENVIRONMENTAL
PROTECTION REGULATIONS FOR
DOMESTIC LICENSING AND RELATED
REGULATORY FUNCTIONS
14. The authority citation for part 51
continues to read as follows:
■
Authority: Atomic Energy Act sec. 161,
1701 (42 U.S.C. 2201, 2297f); Energy
Reorganization Act secs. 201, 202, 211 (42
U.S.C. 5841, 5842, 5851); Government
Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note). Subpart A also issued
under National Environmental Policy Act
secs. 102, 104, 105 (42 U.S.C. 4332, 4334,
4335); Pub. L. 95–604, Title II, 92 Stat. 3033–
3041; Atomic Energy Act sec. 193 (42 U.S.C.
2243). Sections 51.20, 51.30, 51.60, 51.80.
and 51.97 also issued under Nuclear Waste
Policy Act secs. 135, 141, 148 (42 U.S.C.
10155, 10161, 10168). Section 51.22 also
issued under Atomic Energy Act sec. 274 (42
U.S.C. 2021) and under Nuclear Waste Policy
Act sec. 121 (42 U.S.C. 10141). Sections
51.43, 51.67, and 51.109 also issued under
Nuclear Waste Policy Act sec. 114(f) (42
U.S.C. 10134(f)).
15. In § 51.22, revise paragraph (c)(9)
introductory text to read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
■
§ 51.22 Criterion for categorical exclusion;
identification of licensing and regulatory
actions eligible for categorical exclusion or
otherwise not requiring environmental
review.
*
*
*
VerDate Mar<15>2010
*
*
14:28 Jun 06, 2013
Jkt 229001
(c) * * *
(9) Issuance of an amendment to a
permit or license for a reactor under part
50 or part 52 of this chapter that
changes a requirement or issuance of an
exemption from a requirement, with
respect to installation or use of a facility
component located within the restricted
area, as defined in part 20 of this
chapter; or the issuance of an
amendment to a permit or license for a
reactor under part 50 or part 52 of this
chapter that changes an inspection or a
surveillance requirement; provided that:
*
*
*
*
*
PART 52—LICENSES,
CERTIFICATIONS, AND APPROVALS
FOR NUCLEAR POWER PLANTS
16. 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. 109–58, 119 Stat. 594 (2005).
17. In § 52.17, revise paragraphs
(b)(2)(i) and (b)(2)(ii) to read as follows:
■
§ 52.17 Contents of applications; technical
information.
*
*
*
*
*
(b) * * *
(2) * * *
(i) Propose major features of the
emergency plans, in accordance with
the pertinent standards of 10 CFR 50.47
and the requirements of appendix E to
10 CFR 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 10 CFR 50.47
and the requirement of appendix E to 10
CFR part 50 of this chapter. To the
extent approval of emergency plans
sought, the application must contain the
information required by § 50.33(g) and
(j) of this chapter.
*
*
*
*
*
■ 18. In § 52.18, revise the last sentence
to read as follows:
§ 52.18 Standards for review of
applications.
* * * The Commission shall
determine, after consultation with
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
34249
FEMA, whether the information
required of the applicant by
§ 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 § 52.17(b)(2)(i) are
acceptable in accordance with the
applicable standards of 10 CFR 50.47
and the requirements of appendix E to
10 CFR part 50 of this chapter, and
whether any emergency plans submitted
by the applicant under § 52.17(b)(2)(ii)
provide reasonable assurance that
adequate protective measures can and
will be taken in the event of a
radiological emergency.
■ 19. In § 52.79, paragraph (b)(4), revise
the last sentence to read as follows:
§ 52.79 Contents of applications; technical
information in final safety analysis report.
*
*
*
*
*
(b) * * *
(4) * * * The application must
identify changes to the emergency plans
or major features of emergency plans
that have been incorporated into the
proposed facility emergency plans and
that constitute or would constitute a
reduction in effectiveness under
§ 50.54(q) of this chapter.
*
*
*
*
*
■ 20. In § 52.163, revise the last
sentence to read as follows:
§ 52.163 Administrative review of
applications; hearings.
* * * All hearings on manufacturing
licenses are governed by the hearing
procedures contained in 10 CFR part 2,
subparts C, E, G, L, and N.
PART 70—DOMESTIC LICENSING OF
SPECIAL NUCLEAR MATERIAL
21. 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
E:\FR\FM\07JNR1.SGM
07JNR1
34250
Federal Register / Vol. 78, No. 110 / Friday, June 7, 2013 / Rules and Regulations
70.82 also issued under Atomic Energy Act
sec. 108 (42 U.S.C. 2138).
22. In § 70.25, revise paragraph (f)(2)
introductory text to read as follows:
■
§ 70.25 Financial assurance and
recordkeeping for decommissioning.
24. In § 73.6, revise paragraphs (a) and
(b) to read as follows:
■
*
*
*
*
*
(f) * * *
(2) A surety method, insurance, or
other guarantee method. These methods
guarantee that decommissioning costs
will be paid. A surety method may be
in the form of a surety bond, or letter of
credit. A parent company guarantee of
funds for decommissioning costs based
on a financial test may be used if the
guarantee and test are as contained in
appendix A to part 30 of this chapter.
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 is the
guarantee and test are as contained in
appendix C to part 30 of this chapter.
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.
For nonprofit entities, such as colleges,
universities, and nonprofit hospitals, a
guarantee of funds by the applicant or
licensee may be used if the guarantee
and test are as contained in appendix E
to part 30 of this chapter. Except for an
external sinking fund, a parent company
guarantee or a guarantee by the
applicant or licensee may not be used in
combination with any other financial
methods used to satisfy the
requirements of this section. A
guarantee by the applicant or licensee
may not be used in any situation where
the applicant or licensee has a parent
company holding majority control of the
voting stock of the company. Any surety
method or insurance used to provide
financial assurance for
decommissioning must contain the
following conditions:
*
*
*
*
*
PART 73—PHYSICAL PROTECTION OF
PLANTS AND MATERIALS
23. The authority citation for part 73
continues to read as follows:
pmangrum on DSK3VPTVN1PROD with RULES
■
Authority: Atomic Energy Act secs. 53,
147, 161, 223, 234, 1701 (42 U.S.C. 2073,
2167, 2169, 2201, 2273, 2282, 2297(f),
2210(e)); Energy Reorganization Act sec. 201,
204 (42 U.S.C. 5841, 5844); Government
Paperwork Elimination Act sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note); Energy
Policy Act of 2005, Pub. L. 109–58, 119 Stat.
594 (2005).
VerDate Mar<15>2010
14:28 Jun 06, 2013
Jkt 229001
Section 73.1 also issued under Nuclear
Waste Policy Act secs. 135, 141 (42 U.S.C,
10155, 10161). Section 73.37(f) also issued
under sec. 301, Pub. L. 96–295, 94 Stat. 789
(42 U.S.C. 5841 note).
§ 73.6 Exemptions for certain quantities
and kinds of special nuclear material.
*
*
*
*
*
(a) Uranium-235 contained in
uranium enriched to less than 20
percent in the U–235 isotope.
(b) Special nuclear material which is
not readily separable from other
radioactive material and which has a
total external radiation level in excess of
1 Gray (100 Rad) per hour at a distance
of 1 meter (3.3 feet) from any accessible
surface without intervening shielding.
*
*
*
*
*
PART 100—REACTOR SITE CRITERIA
25. The authority citation for part 100
continues to read as follows:
■
Authority: Atomic Energy Act secs. 103,
104, 161, 182 (42 U.S.C. 2133, 2134, 2201,
2232); Energy Reorganization Act secs. 201,
202 (42 U.S.C. 5841, 5842); Government
Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note).
26. In § 100.20, revise paragraph (b) to
read as follows:
■
the type of facility proposed to be
located at the site;
*
*
*
*
*
■ 28. In appendix A to part 100, section
II, revise the second paragraph to read
as follows:
Appendix A to Part 100—Seismic and
Geologic Siting Criteria for Nuclear
Power Plants
*
*
*
*
*
*
*
*
II. SCOPE
*
*
The investigations described in this
appendix are within the scope of
investigations permitted by § 50.10(a)(2)(ii) of
this chapter.
*
*
*
*
*
Dated at Rockville, Maryland, this 31st day
of May 2013.
For the Nuclear Regulatory Commission.
Helen Chang,
Acting Chief, Rules, Announcements, and
Directives Branch, Division of Administrative
Services, Office of Administration.
[FR Doc. 2013–13539 Filed 6–6–13; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 65
§ 100.20 Factors to be considered when
evaluating sites.
[Docket ID: DOD–2009–OS–0021]
*
RIN 0790–AI43
*
*
*
*
(b) The nature and proximity of manrelated hazards (e.g., airports, dams,
transportation routes, military and
chemical facilities) must be evaluated to
establish site characteristics for use in
determining whether a plant design can
accommodate commonly occurring
hazards, and whether the risk of other
hazards is very low.
*
*
*
*
*
■ 27. In § 100.21, revise paragraphs (d)
and (e) to read as follows:
§ 100.21
Non-seismic siting criteria.
*
*
*
*
*
(d) The physical characteristics of the
site, including meteorology, geology,
seismology, and hydrology must be
evaluated and site characteristics
established such that potential threats
from such physical characteristics will
pose no undue risk to the type of facility
proposed to be located at the site;
(e) Potential hazards associated with
nearby transportation routes, industrial
and military facilities must be evaluated
and site characteristics established such
that potential hazards from such routes
and facilities will pose no undue risk to
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Post-9/11 GI Bill
Office of the Under Secretary of
Defense for Personnel and Readiness/
Office of the Deputy Assistant Secretary
of Defense for Military Personnel Policy,
DoD.
ACTION: Final rule.
AGENCY:
This final rule establishes
policy, assigns responsibilities, and
prescribes procedures for carrying out
the Post-9/11 GI Bill. It establishes
policy for the use of supplemental
educational assistance (hereafter
referred to as ‘‘kickers’’) for Service
members with critical skills or
specialties, or for members serving
additional service; for authorizing the
transferability of education benefits
(TEB); and the DoD Office of the
Actuary to perform determinations in
support of DoD funding responsibilities.
DATES: Effective Date: This rule is
effective July 8, 2013.
FOR FURTHER INFORMATION CONTACT:
Robert Clark, (703) 697–9267.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\07JNR1.SGM
07JNR1
Agencies
[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Rules and Regulations]
[Pages 34245-34250]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-13539]
========================================================================
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. 78, No. 110 / Friday, June 7, 2013 / Rules
and Regulations
[[Page 34245]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 1, 2, 40, 50, 51, 52, 70, 73, and 100
[NRC-2013-0019]
RIN 3150-AJ23
Miscellaneous Corrections
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to make miscellaneous corrections. These changes include
updating 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. This
document is necessary to inform the public of these non-substantive
changes to the NRC's regulations.
DATES: This rule is effective on July 8, 2013.
ADDRESSES: Please refer to Docket ID NRC-2013-0019 when contacting the
NRC about the availability of information for this final rule. You may
access information related to this final rule, which the NRC possesses
and is publicly available, using any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0019. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. 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 https://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 pdr.resource@nrc.gov.
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, Rules
Announcements and Directives Branch, Division of Administrative
Services, Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-492-3515, email:
Christian.LeatherburyDaniels@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is amending its regulations in chapter I of Title 10 of the
Code of Federal Regulations (10 CFR) to make miscellaneous corrections.
These changes include 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. This document is necessary to inform the public of these
non-substantive changes to the NRC's regulations.
II. Summary of Changes
10 CFR Part 1
Correct Office Title. The organizational name of the NRC's human
capital office is changed from ``Office of Human Resources'' to
``Office of the Chief Human Capital Officer,'' wherever it appears in
10 CFR part 1.
10 CFR Part 2
Correct Reference. In Sec. 2.311(b), the reference to Sec.
2.341(c)(2) is incorrect. In this paragraph, the reference ``Sec.
2.341(c)(2)'' is replaced with the reference ``Sec. 2.341(c)(3).''
Revise Language for Consistency. Section 2.346(e) is identical to
2.346(f) due to an error from the last revision to this section. The
rule text is revised for consistency with the change intended from that
rulemaking. The Commission's recent update to its rules of practice and
procedure intended to authorize the Secretary to extend the time for
the Commission to rule on a petition for review under Sec. 2.341, and
did not intend to create an identical provision to Sec. 2.346(f). (77
FR 46576-46578, 46584; August 3, 2012). This change implements the
intended revision to the language to maintain the authority of the
Secretary to extend the time for the Commission to rule on a petition
for review under Sec. 2.341 and to remove the reference in the rule to
Sec. 2.311.
10 CFR Part 40
Correct Reference. In Sec. 40.36(e)(2), the references to
``Appendix C to this part,'' ``Appendix D to this part,'' and
``Appendix E to this part'' are incorrect. In this paragraph, the
references to these appendices should be replaced with references to
``Appendix C to part 30 of this chapter,'' ``Appendix D to part 30 of
this chapter,'' and ``Appendix E to part 30 of this chapter.''
10 CFR Part 50
Revise Language for Clarity. In Sec. 50.47(d), the phrase ``rated
power'' is revised to read, ``rated thermal power'' is added for
clarity and consistency with 10 CFR 50.54(gg)(1).
In appendix E to 10 CFR part 50, section IV, paragraph F.2.a.(i),
the phrase ``rated power'' is revised to read ``rated thermal power''
for clarity and consistency with 10 CFR 50.54(gg)(1).
Insert Missing References. In Sec. 50.54, the reference to
paragraphs (q) and (hh) are inserted to provide a complete list of
provisions.
Correct Reference. In Sec. 50.55(e)(4)(i), the reference to
``(e)(10)'' is incorrect. In this paragraph, the reference ``(e)(10)''
is replaced with the reference ``(e)(4)(v).''
In Sec. 50.55(e)(4)(iii), the references to ``(e)(3)(ii)(C)'' and
``(4)(v)'' are incorrect. In this paragraph, the reference
``(e)(3)(ii)(C)'' is replaced with reference ``(e)(3)(iii)(C)'' and the
reference ``(4)(v)'' is replaced with reference ``(e)(4)(v).''
In Sec. 50.55(e)(6), the reference to ``(e)(9)(ii)'' is incorrect.
In this paragraph, the reference ``(e)(9)(ii)'' is replaced with the
reference ``(e)(5)(ii).''
In appendix G to 10 CFR part 50, section IV, the reference to
``Table 3'' is incorrect. In this section the references to ``Table 3''
are replaced with the references to ``Table 1.''
[[Page 34246]]
10 CFR Part 51
Revise Language for Clarity. In Sec. 51.22(c)(9), the word
``grants'' is replaced by ``issuance'' to maintain conformity with the
language concerning ``issuance of an amendment'' and because a
``grant'' of an exemption request is not subordinate to or part of the
preceding ``issuance of an amendment'' language. The phrase ``the
issuance of an amendment to a permit or license for a reactor under
part 50 or part 52 of this chapter,'' is added to clarify that the
exemption issuances covered by this categorical exclusion apply only to
exemptions from requirements concerning the installation or use of a
facility component located within the 10 CFR part 20 defined restricted
area. The Sec. 51.22(c)(9) categorical exclusion does not apply to
issuances of exemptions from inspection or surveillance requirements.
Issuances of exemptions from inspection or surveillance requirements
are covered by the categorical exclusion set forth in Sec.
51.22(c)(25)(vi)(C). The use of semicolons and changing ``which'' to
``that'' further clarifies the provision.
10 CFR Part 52
Correct Reference. In Sec. 52.17(b)(2)(i), the reference to
``Department of Homeland Security (DHS)'' is replaced with the
reference ``Federal Emergency Management Agency (FEMA).''
Correct Reference. In Sec. 52.17(b)(2)(ii), the reference to
``DHS'' is replaced with the reference ``FEMA.''
Correct Reference. In Sec. 52.18, the reference to ``DHS'' is
replaced with ``Federal Emergency Management Agency.''
Revise Language for Clarity. In Sec. 52.79(b)(4), the phrase,
``decrease in effectiveness'' is revised to read ``reduction in
effectiveness,'' for clarity and consistency with Sec. 50.54(q)(iv).
Insert Missing Reference. In Sec. 52.163, the reference to subpart
E is inserted to provide a complete list of referenced hearing
procedures.
10 CFR Part 70
Correct Reference. In Sec. 70.25(f)(2), the references to
``Appendix A to this part,'' ``Appendix C to this part,'' ``Appendix D
to this part,'' and ``Appendix E to this part,'' are incorrect. In this
paragraph, the references to these appendices should be replaced with
references to ``appendix A to part 30 of this chapter,'' ``appendix C
to part 30 of this chapter,'' ``appendix D to part 30 of this
chapter,'' and ``appendix E to part 30 of this chapter.''
10 CFR Part 73
Correct Grammatical Error. In Sec. 73.6, paragraph (a) is revised
to replace the colon at the end of the sentence with a period.
Paragraph (b), is revised to replace the semicolon and the word ``and''
at the end of the sentence with a period. These grammatical errors are
being corrected to clarify that the criteria in paragraphs (a) and (b)
are to be treated as independent criteria as intended in the Atomic
Energy Commission's February 1, 1973 (38 FR 3082), final rule.
Adding Metric Units. In Sec. 73.6(b), metric units are added for
the external radiation level, ``1 Gray (100 Rad),'' and distance, ``1
meter (3.3 feet),'' to meet agency policy of using dual units.
10 CFR Part 100
Revise Language for Clarity. In Sec. 100.20(b) and Sec. 100.21(d)
and (e), the term ``site parameter'' is revised to read, ``site
characteristics'' for clarity and consistency with 10 CFR part 52.
Correct Reference. In appendix A to 10 CFR part 100, section II,
the reference to Sec. 50.10(c)(1) is no longer correct. In this
sentence the reference ``50.10(c)(1)'' is replaced with the reference
``50.10(a)(2)(ii).''
III. 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, the revisions are of the following types:
Revision of the name for an NRC office; correction and insertion of
cross-references to sections of 10 CFR chapter I; correction of
grammatical errors; specification of metric units; and revision to
provide clarity and consistency. 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.
IV. 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)(2), which excludes
from a major action rules which are corrective or of minor nonpolicy
nature and do not substantially modify existing regulations. Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this rule.
V. Paperwork Reduction Act Statement
This final rule does not contain information collection
requirements and, therefore, is not 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 or an information collection
requirement unless the requesting document displays a currently valid
Office of Management and Budget control number.
VI. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
VII. Backfitting and Issue Finality
The NRC has determined that the administrative changes in this
final rule do not constitute backfitting, and therefore a backfit
analysis is not included. The revisions are administrative in nature,
including revision of the name for an NRC office; correction and
insertion of cross-references to sections of 10 CFR Chapter I;
correction of grammatical errors; specification of metric units; and
revisions to provide clarity and consistency. They impose no new
requirements and make no substantive changes to the regulations. The
revisions do not involve any provisions that would impose backfits as
defined in 10 CFR chapter I, or would be inconsistent with the issue
finality provisions in 10 CFR part 52. For these reasons, the issuance
of the rule in final form would not constitute backfitting. Therefore,
a backfit analysis was not prepared.
List of Subjects
10 CFR Part 1
Organization and functions (Government Agencies).
[[Page 34247]]
10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Environmental protection, Nuclear
materials, Nuclear power plants and reactors, Penalties, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
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 51
Administrative practice and procedure, Environmental impact
statement, Nuclear materials, Nuclear power plants and reactors,
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.
10 CFR Part 73
Criminal penalties, Export, Hazardous materials transportation,
Import, Nuclear materials, Nuclear power plants and reactors, Reporting
and recordkeeping requirements, Security measures.
10 CFR Part 100
Nuclear power plants and reactors, Reactor siting criteria.
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 1, 2, 40, 50, 51, 52, 70, 73,
and 100.
PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION
0
1. The authority citation for part 1 continues to read as follows:
Authority: Atomic Energy Act secs. 23, 29, 161, 191 (42 U.S.C.
2033, 2039, 2201, 2241); Energy Reorganization Act secs. 201, 203,
204, 205, 209 (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C.
552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16,
1980.
0
2. In part 1, wherever it appears, remove the phrase ``Office of Human
Resources'' and add in its place the phrase ``Office of the Chief Human
Capital Officer.''
PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE
0
3. The authority citation for part 2 continues to read as follows:
Authority: Atomic Energy Act secs.161, 181, 191 (42 U.S.C. 2201,
2231, 2241); Energy Reorganization Act sec. 201 (42 U.S.C. 5841); 5
U.S.C. 552; Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note).
Section 2.101 also issued under Atomic Energy Act secs. 53, 62,
63, 81, 103, 104 (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134,
2135); Nuclear Waste Policy Act sec. 114(f) (42 U.S.C. 10143(f));
National Environmental Policy Act sec. 102 (42 U.S.C. 4332); Energy
Reorganization Act sec. 301 (42 U.S.C. 5871).
Sections 2.102, 2.103, 2.104, 2.105, 2.321 also issued under
Atomic Energy Act secs. 102, 103, 104, 105, 183i, 189 (42 U.S.C.
2132, 2133, 2134, 2135, 2233, 2239). Sections 2.200-2.206 also
issued under Atomic Energy Act secs. 161, 186, 234 (42 U.S.C. 2201
(b), (i), (o), 2236, 2282); sec. 206 (42 U.S.C. 5846). Section
2.205(j) also issued under Pub. L. 101-410, as amended by section
3100(s), Pub. L. 104-134 (28 U.S.C. 2461 note). Subpart C also
issued under Atomic Energy Act sec. 189 (42 U.S.C. 2239). Section
2.301 also issued under 5 U.S.C. 554. Sections 2.343, 2.346, 2.712
also issued under 5 U.S.C. 557. Section 2.340 also issued under
Nuclear Waste Policy Act secs. 135, 141, Pub. L. 97-425, 96 Stat.
2232, 2241 (42 U.S.C. 10155, 10161). Section 2.390 also issued under
5 U.S.C. 552. Sections 2.600-2.606 also issued under sec. 102 (42
U.S.C. 4332). Sections 2.800 and 2.808 also issued under 5 U.S.C.
553. Section 2.809 also issued under 5 U.S.C. 553; Atomic Energy Act
sec. 29 (42 U.S.C. 2039). Subpart K also issued under Atomic Energy
Act sec. 189 (42 U.S.C. 2239); Nuclear Waste Policy Act sec. 134 (42
U.S.C. 10154). Subpart L also issued under Atomic Energy Act sec.
189 (42 U.S.C. 2239). Subpart M also issued under Atomic Energy Act
sec. 184, 189 (42 U.S.C. 2234, 2239). Subpart N also issued under
Atomic Energy Act sec. 189 (42 U.S.C. 2239).
0
4. In Sec. 2.311, revise paragraph (b) to read as follows:
Sec. 2.311 Interlocutory review of rulings on requests for hearings/
petitions to intervene, selection of hearing procedures, and requests
by potential parties for access to sensitive unclassified non-
safeguards information and safeguards information.
* * * * *
(b) These appeals must be made as specified by the provisions of
this section, within 25 days after the service of the order. The appeal
must be initiated by the filing of a notice of appeal and accompanying
supporting brief. Any party who opposes the appeal may file a brief in
opposition to the appeal within 25 days after service of the appeal.
The supporting brief and any answer must conform to the requirements of
Sec. 2.341(c)(3). No other appeals from rulings on requests for
hearing are allowed.
* * * * *
0
5. In Sec. 2.346, revise paragraph (e) to read as follows:
Sec. 2.346 Authority of the Secretary.
* * * * *
(e) Extend the time for the Commission to rule on a petition for
review under Sec. 2.341;
* * * * *
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
6. The authority citation for part 40 continues to read as follows:
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
7. In Sec. 40.36, revise paragraph (e)(2) introductory text to read as
follows:
Sec. 40.36 Financial assurance and recordkeeping for decommissioning.
* * * * *
[[Page 34248]]
(e) * * *
(2) A surety method, insurance, or other guarantee method. These
methods guarantee that decommissioning costs will be paid. A surety
method may be in the form of a surety bond, or letter of credit. A
parent company guarantee of funds for decommissioning costs based on a
financial test may be used if the guarantee and test are as contained
in appendix A to part 30 of this chapter. 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 in appendix C to part 30 of this
chapter. For commercial companied 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. For nonprofit entities, such as colleges,
universities, and nonprofit hospitals, a guarantee of funds by the
applicant or licensee may be used if the guarantee and test are as
contained in appendix E to part 30 of this chapter. Except for an
external sinking fund, a parent company guarantee or guarantee by the
applicant or licensee may not be used in combination with any other
financial methods used to satisfy the requirements of this section. A
guarantee by the applicant or licensee may not be used in any situation
where the applicant or licensee has a parent company holding majority
control of the voting stock of the company. Any surety method or
insurance used to provide financial assurance for decommissioning must
contain the following conditions:
* * * * *
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
8. 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
9. In Sec. 50.47, paragraph (d), revise the first sentence of the
introductory text to read as follows:
Sec. 50.47 Emergency plans.
* * * * *
(d) Notwithstanding the requirements of paragraphs (a) and (b) of
this section, and except as specified by this paragraph, no NRC or FEMA
review, findings, or determinations concerning the state of offsite
emergency preparedness or the adequacy of and capability to implement
State and local or utility offsite emergency plans are required prior
to issuance of an operating license authorizing only fuel loading or
low power testing and training (up to 5 percent of the rated thermal
power). * * *
* * * * *
0
10. In Sec. 50.54, revise the second sentence of the introductory text
to read as follows:
Sec. 50.54 Conditions of licenses.
* * * The following paragraphs with the exception of paragraph (r),
(s), and (u) of this section are conditions in every combined license
issued under part 52 of this chapter, provided, however, that
paragraphs (i), (i-1), (j), (k), (l), (m), (n), (q), (w), (x), (y),
(z), and (hh) of this section are only applicable after the Commission
makes the finding under Sec. 52.103(g) of this chapter.
* * * * *
0
11. In Sec. 50.55, revise paragraphs (e)(4)(i), (e)(4)(iii), and
(e)(6) introductory text to read as follows:
Sec. 50.55 Conditions of construction permits, early site permits,
combined licenses, and manufacturing licenses.
* * * * *
(e) * * *
(4) * * *
(i) The holder of a facility construction permit subject to this
part, combined license (until the Commission makes the finding under 10
CFR 52.103(g)), and manufacturing license who obtains information
reasonably indicating that the facility fails to comply with the AEA,
as amended, or any applicable regulation, order, or license of the
Commission relating to a substantial safety hazard must notify the
Commission of the failure to comply through a director or responsible
officer or designated person as discussed in paragraph (e)(4)(v) of
this section.
* * * * *
(iii) The holder of a facility construction permit subject to this
part, combined license, or manufacturing license, who obtains
information reasonably indicating that the quality assurance program
has undergone any significant breakdown discussed in paragraph
(e)(3)(iii)(C) of this section must notify the Commission of the
breakdown in the quality assurance program through a director or
responsible officer or designated person as discussed in paragraph
(e)(4)(v) of this section.
* * * * *
(6) Content of notification. The written notification required by
paragraph (e)(5)(ii) of this section must clearly indicate that the
written notification is being submitted under Sec. 50.55(e) and
include the following information, to the extent known.
* * * * *
0
12. In appendix E to part 50, section IV, paragraph F.2.a.(i), revise
the first sentence to read as follows:
Appendix E to Part 50--Emergency Planning and Preparedness for
Production and Utilization Facilities
* * * * *
IV. * * *
F. * * *
2. * * *
a. * * *
(i) For an operating license issued under this part, this
exercise must be conducted within 2 years before the issuance of the
first operating license for full power (one authorizing operation
above 5 percent of rated thermal power) of the first reactor and
shall include participation by each State and local government
within the plume exposure pathway EPZ and each state within the
ingestion exposure pathway EPZ. * * *
* * * * *
0
13. In appendix G to part 50, section IV, revise paragraphs A.2.a.,
A.2.b., and A.2.c. to read as follows:
Appendix G to Part 50--Fracture Toughness Requirements
* * * * *
IV. * * *
A. * * *
2. * * *
a. Pressure-temperature limits and minimum temperature
requirements for the reactor vessel are given in table 1, and are
defined by the operating condition (i.e., hydrostatic pressure and
leak tests, or normal operation including anticipated operational
[[Page 34249]]
occurrences), the vessel pressure, whether or not fuel is in the
vessel, and whether the core is critical. In table 1, the vessel
pressure is defined as a percentage of the preservice system
hydrostatic test pressure. The appropriate requirements on both the
pressure-temperature limits and the minimum permissible temperature
must be met for all conditions.
b. The pressure-temperature limits identified as ``ASME Appendix
G limits'' in table 1 require that the limits must be at least as
conservative as limits obtained by following the methods of analysis
and the margins of safety of Appendix G of Section XI of the ASME
Code.
c. The minimum temperature requirements given in table 1 pertain
to the controlling material, which is either the material in the
closure flange of the material in the beltline region with the
highest reference temperature. As specified in table 1, the minimum
temperature requirements and the controlling material depend on the
operating condition (i.e., hydrostatic pressure and leak tests, or
normal operation including anticipated operational occurrences), the
vessel pressure, whether fuel is in the vessel, and whether the core
is critical. The metal temperature of the controlling material, in
the region of the controlling material which has the least favorable
combination of stress and temperature must exceed the appropriate
minimum temperature requirement for the condition and pressure of
the vessel specified in table 1.
* * * * *
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
0
14. The authority citation for part 51 continues to read as follows:
Authority: Atomic Energy Act sec. 161, 1701 (42 U.S.C. 2201,
2297f); Energy Reorganization Act secs. 201, 202, 211 (42 U.S.C.
5841, 5842, 5851); Government Paperwork Elimination Act sec. 1704
(44 U.S.C. 3504 note). Subpart A also issued under National
Environmental Policy Act secs. 102, 104, 105 (42 U.S.C. 4332, 4334,
4335); Pub. L. 95-604, Title II, 92 Stat. 3033-3041; Atomic Energy
Act sec. 193 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80.
and 51.97 also issued under Nuclear Waste Policy Act secs. 135, 141,
148 (42 U.S.C. 10155, 10161, 10168). Section 51.22 also issued under
Atomic Energy Act sec. 274 (42 U.S.C. 2021) and under Nuclear Waste
Policy Act sec. 121 (42 U.S.C. 10141). Sections 51.43, 51.67, and
51.109 also issued under Nuclear Waste Policy Act sec. 114(f) (42
U.S.C. 10134(f)).
0
15. In Sec. 51.22, revise paragraph (c)(9) introductory text to read
as follows:
Sec. 51.22 Criterion for categorical exclusion; identification of
licensing and regulatory actions eligible for categorical exclusion or
otherwise not requiring environmental review.
* * * * *
(c) * * *
(9) Issuance of an amendment to a permit or license for a reactor
under part 50 or part 52 of this chapter that changes a requirement or
issuance of an exemption from a requirement, with respect to
installation or use of a facility component located within the
restricted area, as defined in part 20 of this chapter; or the issuance
of an amendment to a permit or license for a reactor under part 50 or
part 52 of this chapter that changes an inspection or a surveillance
requirement; provided that:
* * * * *
PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER
PLANTS
0
16. 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. 109-58, 119 Stat. 594 (2005).
0
17. In Sec. 52.17, revise paragraphs (b)(2)(i) and (b)(2)(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 10 CFR 50.47 and the requirements of
appendix E to 10 CFR 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 10 CFR 50.47 and the requirement of appendix E
to 10 CFR part 50 of this chapter. To the extent approval of emergency
plans sought, the application must contain the information required by
Sec. 50.33(g) and (j) of this chapter.
* * * * *
0
18. 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 10 CFR 50.47
and the requirements of appendix E to 10 CFR 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.
0
19. In Sec. 52.79, paragraph (b)(4), revise the last sentence to read
as follows:
Sec. 52.79 Contents of applications; technical information in final
safety analysis report.
* * * * *
(b) * * *
(4) * * * The application must identify changes to the emergency
plans or major features of emergency plans that have been incorporated
into the proposed facility emergency plans and that constitute or would
constitute a reduction in effectiveness under Sec. 50.54(q) of this
chapter.
* * * * *
0
20. In Sec. 52.163, revise the last sentence to read as follows:
Sec. 52.163 Administrative review of applications; hearings.
* * * All hearings on manufacturing licenses are governed by the
hearing procedures contained in 10 CFR part 2, subparts C, E, G, L, and
N.
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
0
21. 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
[[Page 34250]]
70.82 also issued under Atomic Energy Act sec. 108 (42 U.S.C. 2138).
0
22. In Sec. 70.25, revise paragraph (f)(2) introductory text to read
as follows:
Sec. 70.25 Financial assurance and recordkeeping for decommissioning.
* * * * *
(f) * * *
(2) A surety method, insurance, or other guarantee method. These
methods guarantee that decommissioning costs will be paid. A surety
method may be in the form of a surety bond, or letter of credit. A
parent company guarantee of funds for decommissioning costs based on a
financial test may be used if the guarantee and test are as contained
in appendix A to part 30 of this chapter. 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 is the
guarantee and test are as contained in appendix C to part 30 of this
chapter. 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. For nonprofit entities, such as colleges,
universities, and nonprofit hospitals, a guarantee of funds by the
applicant or licensee may be used if the guarantee and test are as
contained in appendix E to part 30 of this chapter. Except for an
external sinking fund, a parent company guarantee or a guarantee by the
applicant or licensee may not be used in combination with any other
financial methods used to satisfy the requirements of this section. A
guarantee by the applicant or licensee may not be used in any situation
where the applicant or licensee has a parent company holding majority
control of the voting stock of the company. Any surety method or
insurance used to provide financial assurance for decommissioning must
contain the following conditions:
* * * * *
PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS
0
23. The authority citation for part 73 continues to read as follows:
Authority: Atomic Energy Act secs. 53, 147, 161, 223, 234, 1701
(42 U.S.C. 2073, 2167, 2169, 2201, 2273, 2282, 2297(f), 2210(e));
Energy Reorganization Act sec. 201, 204 (42 U.S.C. 5841, 5844);
Government Paperwork Elimination Act sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119
Stat. 594 (2005).
Section 73.1 also issued under Nuclear Waste Policy Act secs.
135, 141 (42 U.S.C, 10155, 10161). Section 73.37(f) also issued
under sec. 301, Pub. L. 96-295, 94 Stat. 789 (42 U.S.C. 5841 note).
0
24. In Sec. 73.6, revise paragraphs (a) and (b) to read as follows:
Sec. 73.6 Exemptions for certain quantities and kinds of special
nuclear material.
* * * * *
(a) Uranium-235 contained in uranium enriched to less than 20
percent in the U-235 isotope.
(b) Special nuclear material which is not readily separable from
other radioactive material and which has a total external radiation
level in excess of 1 Gray (100 Rad) per hour at a distance of 1 meter
(3.3 feet) from any accessible surface without intervening shielding.
* * * * *
PART 100--REACTOR SITE CRITERIA
0
25. The authority citation for part 100 continues to read as follows:
Authority: Atomic Energy Act secs. 103, 104, 161, 182 (42
U.S.C. 2133, 2134, 2201, 2232); Energy Reorganization Act secs. 201,
202 (42 U.S.C. 5841, 5842); Government Paperwork Elimination Act
sec. 1704 (44 U.S.C. 3504 note).
0
26. In Sec. 100.20, revise paragraph (b) to read as follows:
Sec. 100.20 Factors to be considered when evaluating sites.
* * * * *
(b) The nature and proximity of man-related hazards (e.g.,
airports, dams, transportation routes, military and chemical
facilities) must be evaluated to establish site characteristics for use
in determining whether a plant design can accommodate commonly
occurring hazards, and whether the risk of other hazards is very low.
* * * * *
0
27. In Sec. 100.21, revise paragraphs (d) and (e) to read as follows:
Sec. 100.21 Non-seismic siting criteria.
* * * * *
(d) The physical characteristics of the site, including
meteorology, geology, seismology, and hydrology must be evaluated and
site characteristics established such that potential threats from such
physical characteristics will pose no undue risk to the type of
facility proposed to be located at the site;
(e) Potential hazards associated with nearby transportation routes,
industrial and military facilities must be evaluated and site
characteristics established such that potential hazards from such
routes and facilities will pose no undue risk to the type of facility
proposed to be located at the site;
* * * * *
0
28. In appendix A to part 100, section II, revise the second paragraph
to read as follows:
Appendix A to Part 100--Seismic and Geologic Siting Criteria for
Nuclear Power Plants
* * * * *
II. SCOPE
* * * * *
The investigations described in this appendix are within the
scope of investigations permitted by Sec. 50.10(a)(2)(ii) of this
chapter.
* * * * *
Dated at Rockville, Maryland, this 31st day of May 2013.
For the Nuclear Regulatory Commission.
Helen Chang,
Acting Chief, Rules, Announcements, and Directives Branch, Division of
Administrative Services, Office of Administration.
[FR Doc. 2013-13539 Filed 6-6-13; 8:45 am]
BILLING CODE 7590-01-P