Miscellaneous Corrections, 57717-57721 [2024-15234]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 89, Number 136 (Tuesday, July 16, 2024)]
[Rules and Regulations]
[Pages 57717-57721]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15234]



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

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 89 , No. 136 / Tuesday, July 16, 2024 / Rules 
and Regulations

[[Page 57717]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50, 52, and 54

[NRC-2024-0091]
RIN 3150-AL15


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 
clarifying language and correcting grammatical and typographical 
errors, punctuation, references, and terms. This document is necessary 
to inform the public of these non-substantive amendments to the NRC's 
regulations.

DATES: This final rule is effective on August 15, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0091 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly available information related to this action by any of 
the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2024-0091. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [email protected]. For technical questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 301-415-4737, 
or by email to [email protected].
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Tricia Lizama, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-4110; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is amending its regulations in parts 50, 52, and 54 of 
title 10 of the Code of Federal Regulations (10 CFR). The NRC is making 
these amendments to clarify language and correct grammatical and 
typographical errors, punctuation, references, and terms.

10 CFR Parts 50 and 54

    Correct Grammatical Errors. This final rule revises Sec.  
50.10(e)(1)(iii) to remove periods and adjust capitalization to reflect 
that this paragraph contains a continuous list of items required for 
issuance of a limited work authorization.
    Remove Outdated Term. This final rule revises Sec.  50.30(d) to 
remove references to ``an amendment to an application for a license to 
construct and operate a production or utilization facility'' as this 
appears to be an outdated license application type (i.e., a forerunner 
to the current combined license).
    Correct Term. This final rule amends Sec.  50.33(j) and Sec.  
54.17(f) by removing the undefined term ``other defense information.'' 
The term dates to an Atomic Energy Commission (AEC) amendment of this 
section on January 19, 1956 (21 FR 355, 357) and was not changed with 
the promulgation of 10 CFR part 95 (45 FR 14476; March 5, 1980) after 
the establishment of the NRC and the 1975 reissuance of the former AEC 
regulations. This final rule replaces the outdated term with the term 
``classified National Security Information,'' for consistency with 
other use of this term in parts 50 and 54.
    Clarify Language and Correct Punctuation. This final rule revises 
the first sentence of Sec.  50.36b(b) to clarify the potential for 
removal of the authority to operate the reactor when a final, legally 
effective order to permanently cease operations comes into effect under 
Sec.  50.82(a)(1) or Sec.  52.110(a). This final rule also revises the 
second sentence to add a comma before the word ``which.''
    Correct Grammatical and Typographical Errors. This final rule 
revises the introductory text of Sec.  50.43(e) to replace the word 
``which'' with the word ``that,'' and to replace a period with a comma 
and adjust capitalization to eliminate two incomplete sentences.
    Clarify Language. This final rule revises Sec.  50.55(e)(2)(i) to 
clarify the scope of license holders that are subject to this 
regulation (i.e., the regulations are only applicable to holders of a 
construction permit, combined license, or a manufacturing license and 
not all licensees subject to the regulations in 10 CFR part 50). This 
final rule also clarifies the introductory text of paragraph 
(e)(3)(iii) and paragraph (e)(4)(ii) by adding ``or manufactured 
reactor'' because the Sec.  21.3 definition of ``basic component'' does 
not appear to be broad enough to include the term. Finally, this final 
rule updates the initial notification requirements in paragraph 
(e)(5)(i) to reflect that emails are also a permissible initial 
notification method in addition to facsimile and phone notification 
options.
    This final rule amends Sec.  50.59(c)(1)(i) by replacing the phrase 
``A change'' with ``An amendment'' to avoid using the defined term 
``change'' that is used elsewhere in this section.
    Correct References and Grammatical Error. This final rule revises 
Sec.  50.82(a) by adding the actual effective date of the 
Decommissioning of Nuclear Power Reactors final rule in paragraph 
(a)(1)(iii), removing the incorrect reference to Sec.  50.2 in the 
introductory text to paragraph (a)(6), and correcting the placement of 
the semicolon at the end of paragraph (a)(8)(i)(B).
    Correct Reference. This final rule amends Sec.  50.100 to change 
the reference to Sec.  50.42(a) to instead reference Sec.  50.42. The 
provisions in Sec.  50.42(a) were moved to Sec.  50.42 by 73 FR 44619, 
July 31, 2008 and the reference to Sec.  50.42(a) is no longer valid.

[[Page 57718]]

    Correct Typographical Error. This final rule amends Sec.  
50.109(a)(4) by correcting ``appropriated documented evaluation'' to 
read ``appropriate documented evaluation.''

10 CFR Parts 50 and 52

    Clarify Language and Correct Punctuation. This final rule amends 
Sec.  50.37 by adding the word ``or'' and commas, and Sec.  52.54(c) by 
adding commas, to correct drafting errors and ensure parallel language. 
The preamble for the rulemaking that modified the parallel language in 
10 CFR parts 50 and 52, Licenses, Certifications, and Approvals for 
Nuclear Power Plants, provides a discussion on the intended language 
for these sections (72 FR 49352; August 28, 2007).

10 CFR Part 52

    Clarify Language. This final rule amends Sec.  52.26(b) by adding 
the words ``early site'' to the phrase ``if a timely application for 
renewal of the permit has been docketed'' to clarify that the term 
``permit'' refers to the early site permit and not to the construction 
permit for which an application was submitted.
    This final rule revises the introductory text of Sec.  52.31(a) to 
clarify that it is a criterion for renewal and Sec.  52.31(b) to 
reflect that the provisions in Sec.  52.31(a) are applicable to the 
Commission and not to the applicant for renewal of an early site 
permit.
    This final rule amends Sec.  52.39(c) by removing the word 
``should'' to improve the clarity of the paragraph and Sec.  52.39(e) 
by replacing the word ``including'' with the word ``or'' to clarify the 
relationship between the early site permit and the site safety analysis 
report.
    Correct Reference. This final rule revises the reference in Sec.  
52.91(b) to clarify that the sole activities permitted under paragraph 
(a) of this section are the submittal of an application for a limited 
work authorization under Sec.  50.10.
    Correct Grammatical Error. This final rule amends Sec.  
52.103(b)(2) by removing the word ``that,'' which is already included 
in the introductory text of paragraph (b).
    Remove References and Correct Punctuation. This final rule amends 
Sec.  52.110(e) to remove the incorrect reference to Sec.  50.2 and the 
introductory text of Sec.  52.110(f) to remove the incorrect reference 
to Sec.  52.1, since neither reference contains a definition for 
``decommissioning activities.'' This final rule also amends Sec.  
52.110(h)(1)(ii) to correct the placement of the semicolon.
    Correct Punctuation. This final rule amends Sec.  52.158(a)(1)(i) 
to replace the semicolon after ``manufacturing license'' with a comma.
    Correct Term. This final rule amends Sec.  52.177(d) by removing 
the term ``permit'' and adding the term ``license'' to reflect that a 
manufacturing license is considered a license in accordance with the 
definitions in Sec.  52.1.

II. Rulemaking Procedure

    Under section 553(b) of the Administrative Procedure Act (5 
U.S.C.553(b)), an agency may waive publication in the Federal Register 
of a notice of proposed rulemaking and opportunity for comment 
requirements if it finds, for good cause, that it is impracticable, 
unnecessary, or contrary to the public interest. As authorized by 5 
U.S.C. 553(b)(3)(B), the NRC finds good cause to waive notice and 
opportunity for comment on these amendments, because notice and 
opportunity for comment is unnecessary. The amendments will have no 
substantive impact and are of a minor and administrative nature dealing 
with corrections to certain CFR sections or are related only to 
management, organization, procedure, and practice. Specifically, the 
revisions clarify language and correct grammatical and typographical 
errors, punctuation, references, and terms. The Commission is 
exercising its authority under 5 U.S.C. 553(b) to publish these 
amendments as a final rule. The amendments are effective August 15, 
2024. These amendments do not require action by any person or entity 
regulated by the NRC and do not change the substantive responsibilities 
of any person or entity regulated by the NRC.

III. Backfitting and Issue Finality

    The NRC has determined that the corrections in this final rule 
would not constitute backfitting as defined in Sec.  50.109, 
``Backfitting,'' and as described in NRC Management Directive (MD) 8.4, 
``Management of Backfitting, Forward Fitting, Issue Finality, and 
Information Requests.'' These corrections also would not constitute 
forward fitting as that term is defined and described in MD 8.4 or 
affect the issue finality of any approval issued under 10 CFR part 52. 
The amendments are non-substantive in nature, including clarifying 
language and correcting grammatical and typographical errors, 
punctuation, references, and terms. They impose no new requirements and 
make no substantive changes to the regulations. The corrections do not 
involve any provisions that would impose backfits as defined in 10 CFR 
chapter I, or that would be inconsistent with the issue finality 
provisions in 10 CFR part 52. For these reasons, the issuance of this 
final rule would not constitute backfitting or be inconsistent with any 
of the issue finality provisions in 10 CFR part 52. Therefore, the NRC 
has not prepared any additional documentation for this correction 
rulemaking addressing backfitting or issue finality.

IV. 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 
31885).

V. National Environmental Policy Act

    The NRC has determined that this final rule is the type of action 
described in Sec.  51.22(c)(2), which categorically excludes from 
environmental review rules that are corrective or of a 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.

VI. Paperwork Reduction Act

    This final rule does not contain a collection of information as 
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995.

VII. Congressional Review Act

    This final rule is not a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808).

List of Subjects

10 CFR Part 50

    Administrative practice and procedure, Antitrust, Backfitting, 
Classified information, Criminal penalties, Education, Emergency 
planning, Fire prevention, Fire protection, Intergovernmental 
relations, Nuclear power plants and reactors, Penalties, Radiation 
protection, Reactor siting criteria, Reporting and recordkeeping 
requirements, Whistleblowing.

10 CFR Part 52

    Administrative practice and procedure, Antitrust, Combined license, 
Early site permit, Emergency planning, Fees, Inspection, Issue 
finality, Limited work authorization, Manufacturing license, Nuclear 
power plants and

[[Page 57719]]

reactors, Probabilistic risk assessment, Prototype, Reactor siting 
criteria, Redress of site, Penalties, Reporting and recordkeeping 
requirements, Standard design, Standard design certification.

10 CFR Part 54

    Administrative practice and procedure, Age-related degradation, 
Backfitting, Classified information, Criminal penalties, Environmental 
protection, Nuclear power plants and reactors, Penalties, Radiation 
protection, 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 amendments to 10 CFR parts 50, 52, and 54:

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

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

    Authority:  Atomic Energy Act of 1954, secs. 11, 101, 102, 103, 
104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, 
187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 
2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236, 
2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 
201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste 
Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National 
Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 
note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.


0
2. In Sec.  50.10, revise paragraph (e)(1)(iii) to read as follows:


Sec.  50.10  License required; limited work authorization.

* * * * *
    (e) * * *
    (1) * * *
    (iii) The Director determines that the applicable standards and 
requirements of the Act, and the Commission's regulations applicable to 
the activities to be conducted under the limited work authorization, 
have been met; the applicant is technically qualified to engage in the 
activities authorized; and issuance of the limited work authorization 
will provide reasonable assurance of adequate protection to public 
health and safety and will not be inimical to the common defense and 
security; and
* * * * *

0
3. In Sec.  50.30, revise paragraph (d) to read as follows:


Sec.  50.30  Filing of application; oath or affirmation.

* * * * *
    (d) Application for operating licenses. The holder of a 
construction permit for a production or utilization facility shall, at 
the time of submission of the final safety analysis report, file an 
application for an operating license. The application shall state the 
name of the applicant, the name, location and power level, if any, of 
the facility and the time when the facility is expected to be ready for 
operation and may incorporate by reference any pertinent information 
submitted in accordance with Sec.  50.33 with the application for a 
construction permit.
* * * * *


Sec.  50.33  [Amended]

0
4. In Sec.  50.33, amend paragraph (j) by removing the term ``other 
defense information'' wherever it appears and adding in its place the 
term ``classified National Security Information''.

0
5. In Sec.  50.36b, revise and republish paragraph (b) to read as 
follows:


Sec.  50.36b  Environmental conditions.

* * * * *
    (b) Each license authorizing operation of a production or 
utilization facility, including a combined license under part 52 of 
this chapter, and each license for a nuclear power reactor facility 
that no longer authorizes operation of the reactor under Sec.  
50.82(a)(1) or Sec.  52.110(a) of this chapter has been submitted, 
which is of a type described in Sec.  50.21(b)(2) or (3) or Sec.  50.22 
or is a testing facility, may include conditions to protect the 
environment during operation and decommissioning. These conditions are 
to be set out in an attachment to the license, which is incorporated in 
and made a part of the license. These conditions will be derived from 
information contained in the environmental report or the supplement to 
the environmental report submitted pursuant to Sec. Sec.  51.50 and 
51.53 of this chapter as analyzed and evaluated in the NRC record of 
decision, and will identify the obligations of the licensee in the 
environmental area, including, as appropriate, requirements for 
reporting and keeping records of environmental data, and any conditions 
and monitoring requirement for the protection of the nonaquatic 
environment.

0
6. Revise and republish Sec.  50.37 to read as follows:


Sec.  50.37  Agreement limiting access to Classified Information.

    As part of its application and in any event before the receipt of 
Restricted Data or classified National Security Information or the 
issuance of a license, construction permit, early site permit, or 
standard design approval, or before the Commission has adopted a final 
standard design certification rule under part 52 of this chapter, the 
applicant shall agree in writing that it will not permit any individual 
to have access to, or any facility to possess, Restricted Data or 
classified National Security Information until the individual and/or 
facility has been approved for access under the provisions of 10 CFR 
parts 25 and/or 95. The agreement of the applicant becomes part of the 
license, or construction permit, or standard design approval.

0
7. In Sec.  50.43, revise paragraph (e) introductory text to read as 
follows:


Sec.  50.43  Additional standards and provisions affecting class 103 
licenses and certifications for commercial power.

* * * * *
    (e) Applications for a design certification, combined license, 
manufacturing license, operating license or standard design approval 
that propose nuclear reactor designs that differ significantly from 
light-water reactor designs that were licensed before 1997, or use 
simplified, inherent, passive, or other innovative means to accomplish 
their safety functions will be approved only if:
* * * * *

0
8. In Sec.  50.55, revise and republish paragraphs (e)(2)(i), (3)(iii) 
introductory text, (4)(ii), and (5)(i) to read as follows:


Sec.  50.55  Conditions of construction permits, early site permits, 
combined licenses, and manufacturing licenses.

* * * * *
    (e) * * *
    (2) * * *
    (i) Each individual, partnership, corporation, dedicating entity, 
or other entity subject to the regulations in this part (i.e., holders 
of a construction permit, combined license, or a manufacturing license) 
must post current copies of the regulations in this part, Section 206 
of the Energy Reorganization Act of 1974 (ERA), and procedures adopted 
under the regulations in this part. These documents must be posted in a 
conspicuous position on any premises within the United States where the 
activities subject to this part are conducted.
* * * * *

[[Page 57720]]

    (3) * * *
    (iii) Ensure that a director or responsible officer of 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 under 10 CFR part 52 is informed 
as soon as practicable, and, in all cases, within the 5 working days 
after completion of the evaluation described in paragraph (e)(3)(i) or 
(e)(3)(ii) of this section, if the construction or manufacture of a 
facility or activity or manufactured reactor, or a basic component 
supplied for such facility or activity--
* * * * *
    (4) * * *
    (ii) The holder of a facility construction permit subject to this 
part, combined license, or manufacturing license, who obtains 
information reasonably indicating the existence of any defect found in 
the construction or manufacture, or any defect found in the final 
design of a facility or manufactured reactor as approved and released 
for construction or manufacture, must notify the Commission of the 
defect through a director or responsible officer or designated person 
as discussed in paragraph (e)(4)(v) of this section.
* * * * *
    (5) * * *
    (i) Initial notification by email, which is the preferred method of 
notification, or facsimile to the NRC Operations Center at (301) 816-
5151 or by telephone at
    (301) 816-5100 within 2 days following receipt of information by 
the director or responsible corporate officer under paragraph 
(e)(3)(iii) of this section, on the identification of a defect or a 
failure to comply. Verification that the email or facsimile has been 
received should be made by calling the NRC Operations Center. This 
paragraph does not apply to interim reports described in paragraph 
(e)(3)(ii) of this section.
* * * * *


Sec.  50.59  [Amended]

0
9. In Sec.  50.59, amend paragraph (c)(1)(i) by removing the text ``A 
change'' and adding in its place the text ``An amendment''.

0
10. In Sec.  50.82, revise and republish paragraphs (a)(1), (6), and 
(8)(i) to read as follows:


Sec.  50.82  Termination of license.

* * * * *
    (a) * * *
    (1)(i) When a licensee has determined to permanently cease 
operations the licensee shall, within 30 days, submit a written 
certification to the NRC, consistent with the requirements of Sec.  
50.4(b)(8);
    (ii) Once fuel has been permanently removed from the reactor 
vessel, the licensee shall submit a written certification to the NRC 
that meets the requirements of Sec.  50.4(b)(9); and
    (iii) For licensees whose licenses have been permanently modified 
to allow possession but not operation of the facility, before August 
28, 1996, the certifications required in paragraphs (a)(1)(i) through 
(ii) of this section shall be deemed to have been submitted.
* * * * *
    (6) Licensees shall not perform any decommissioning activities 
that--
    (i) Foreclose release of the site for possible unrestricted use;
    (ii) Result in significant environmental impacts not previously 
reviewed; or
    (iii) Result in there no longer being reasonable assurance that 
adequate funds will be available for decommissioning.
* * * * *
    (8)(i) Decommissioning trust funds may be used by licensees if--
    (A) The withdrawals are for expenses for legitimate decommissioning 
activities consistent with the definition of decommissioning in Sec.  
50.2;
    (B) The expenditure would not reduce the value of the 
decommissioning trust below an amount necessary to place and maintain 
the reactor in a safe storage condition if unforeseen conditions or 
expenses arise; and
    (C) The withdrawals would not inhibit the ability of the licensee 
to complete funding of any shortfalls in the decommissioning trust 
needed to ensure the availability of funds to ultimately release the 
site and terminate the license.
* * * * *


Sec.  50.100  [Amended]

0
11. In Sec.  50.100, remove the reference ``Sec.  50.42(a)'' and add in 
its place the reference ``Sec.  50.42''.


Sec.  50.109  [Amended]

0
12. In Sec.  50.109, amend paragraph (a)(4) introductory text by 
removing the text ``appropriated documented evaluation'' and adding in 
its place the text ``appropriate documented evaluation''.

PART 52--LICENSES, CERTIFICATIONS, AND APPROVALS FOR NUCLEAR POWER 
PLANTS

0
13. The authority citation for part 52 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 103, 104, 147, 149, 
161, 181, 182, 183, 185, 186, 189, 223, 234 (42 U.S.C. 2133, 2134, 
2167, 2169, 2201, 2231, 2232, 2233, 2235, 2236, 2239, 2273, 2282); 
Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 
U.S.C. 5841, 5842, 5846, 5851); 44 U.S.C. 3504 note.

Sec.  52.26  [Amended]

0
14. In Sec.  52.26, amend paragraph (b) by removing the phrase ``if a 
timely application for renewal of the permit has been docketed'' and 
adding in its place the phrase ``if a timely application for renewal of 
the early site permit has been docketed''.

0
15. Revise and republish Sec.  52.31 to read as follows:


Sec.  52.31  Criteria for renewal.

    (a) The Commission shall grant the renewal only if it determines 
that:
    (1) The site complies with the Act, the Commission's regulations, 
and orders applicable and in effect at the time the site permit was 
originally issued; and
    (2) Any new requirements the Commission may wish to impose are:
    (i) Necessary for adequate protection to public health and safety 
or common defense and security;
    (ii) Necessary for compliance with the Commission's regulations, 
and orders applicable and in effect at the time the site permit was 
originally issued; or
    (iii) A substantial increase in overall protection of the public 
health and safety or the common defense and security to be derived from 
the new requirements, and the direct and indirect costs of 
implementation of those requirements are justified in view of this 
increased protection.
    (b) A denial of renewal under the provisions of Sec.  52.31(a) does 
not bar the permit holder or another applicant from filing a new 
application for the site which proposes changes to the site or the way 
that it is used to correct the deficiencies cited in the denial of the 
renewal.

0
16. In Sec.  52.39, revise and republish paragraphs (c)(2) and (e) to 
read as follows:


Sec.  52.39  Finality of early site permit determinations.

* * * * *
    (c) * * *
    (2) Any person may file a petition requesting that the site 
characteristics, design parameters, or terms and conditions of the 
early site permit be modified, or that the permit be suspended or 
revoked. The petition will be considered in accordance with Sec.  2.206 
of this chapter. Before construction commences, the

[[Page 57721]]

Commission shall consider the petition and determine whether any 
immediate action is required. If the petition is granted, an 
appropriate order will be issued. Construction under the construction 
permit or combined license will not be affected by the granting of the 
petition unless the order is made immediately effective. Any change 
required by the Commission in response to the petition must meet the 
requirements of paragraph (a)(1) of this section.
* * * * *
    (e) Early site permit amendment. The holder of an early site permit 
may not make changes to the early site permit, or the site safety 
analysis report, without prior Commission approval. The request for a 
change to the early site permit must be in the form of an application 
for a license amendment and must meet the requirements of 10 CFR 50.90 
and 50.92.
* * * * *

0
17. In Sec.  52.54, revise and republish paragraph (c) to read as 
follows:


Sec.  52.54  Issuance of standard design certification.

* * * * *
    (c) After the Commission has adopted a final design certification 
rule, the applicant shall not permit any individual to have access to, 
or any facility to possess, Restricted Data or classified National 
Security Information until the individual and/or facility has been 
approved for access under the provisions of 10 CFR parts 25 and/or 95, 
as applicable.


Sec.  52.91  [Amended]

0
18. In Sec.  52.91, amend paragraph (b) by removing the text 
``paragraph (a) of this section'' and adding in its place the text ``a 
limited work authorization issued under Sec.  50.10 of this chapter''.


Sec.  52.103  [Amended]

0
19. In Sec.  52.103, amend paragraph (b)(2) by removing the word 
``that''.

0
20. In Sec.  52.110, revise and republish paragraphs (e), (f), and 
(h)(1) to read as follows:


Sec.  52.110  Termination of license.

* * * * *
    (e) Licensees shall not perform any major decommissioning 
activities until 90 days after the NRC has received the licensee's 
PSDAR submittal and until certifications of permanent cessation of 
operations and permanent removal of fuel from the reactor vessel, as 
required under Sec.  52.110(a)(1), have been submitted.
    (f) Licensees shall not perform any decommissioning activities, 
that--
    (1) Foreclose release of the site for possible unrestricted use;
    (2) Result in significant environmental impacts not previously 
reviewed; or
    (3) Result in there no longer being reasonable assurance that 
adequate funds will be available for decommissioning.
* * * * *
    (h)(1) Decommissioning trust funds may be used by licensees if--
    (i) The withdrawals are for expenses for legitimate decommissioning 
activities consistent with the definition of decommissioning in Sec.  
52.1;
    (ii) The expenditure would not reduce the value of the 
decommissioning trust below an amount necessary to place and maintain 
the reactor in a safe storage condition if unforeseen conditions or 
expenses arise; and
    (iii) The withdrawals would not inhibit the ability of the licensee 
to complete funding of any shortfalls in the decommissioning trust 
needed to ensure the availability of funds to ultimately release the 
site and terminate the license.
* * * * *

0
21. In Sec.  52.158, revise and republish paragraph (a)(1)(i) to read 
as follows:


Sec.  52.158  Contents of application; additional technical 
information.

* * * * *
    (a)(1) Inspections, tests, analyses, and acceptance criteria 
(ITAAC). The proposed inspections, tests, and analyses that the 
licensee who will be operating the reactor shall perform, and the 
acceptance criteria that are necessary and sufficient to provide 
reasonable assurance that, if the inspections, tests, and analyses are 
performed and the acceptance criteria met:
    (i) The reactor has been manufactured in conformity with the 
manufacturing license, the provisions of the Act, and the Commission's 
rules and regulations; and
    (ii) The manufactured reactor will be operated in conformity with 
the approved design and any license authorizing operation of the 
manufactured reactor.
* * * * *


Sec.  52.177  [Amended]

0
22. In Sec.  52.177, amend paragraph (d) by removing the term 
``permit'' and adding in its place the term ``license''.

PART 54--REQUIREMENTS FOR RENEWAL OF OPERATING LICENSES FOR NUCLEAR 
POWER PLANTS

0
23. The authority citation for part 54 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 102, 103, 104, 161, 
181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2132, 2133, 2134, 2136, 
2137, 2201, 2231, 2232, 2233, 2236, 2239, 2273, 2282); Energy 
Reorganization Act of 1974, secs. 201, 202, 206 (42 U.S.C. 5841, 
5842, 5846); 44 U.S.C. 3504 note.

    Section 54.17 also issued under E.O. 12829, 58 FR 3479, 3 CFR, 
1993 Comp., p. 570; E.O. 13526, 75 FR 707, 3 CFR, 2009 Comp., p. 
298; E.O. 12968, 60 FR 40245, 3 CFR, 1995 Comp., p. 391.


Sec.  54.17  [Amended]

0
24. In Sec.  54.17, amend paragraph (f) by removing the term ``other 
defense information'' wherever it appears and adding in its place the 
term ``classified National Security Information''.

    Dated: July 8, 2024.

    For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of 
Rulemaking, Environmental, and Financial Support, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2024-15234 Filed 7-15-24; 8:45 am]
BILLING CODE 7590-01-P