[Federal Register Volume 62, Number 212 (Monday, November 3, 1997)]
[Rules and Regulations]
[Pages 59275-59277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-28988]



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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.

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Federal Register / Vol. 62, No. 212 / Monday, November 3, 1997 / 
Rules and Regulations

[[Page 59275]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 13, 32, 50, 51, 55, 60, 72, and 110

RIN 3150-AF86


Minor Correcting Amendments

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule; Technical amendment.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to correct several miscellaneous errors in the Code of 
Federal Regulations (CFR). This document is necessary to inform the 
public of these corrective changes to NRC regulations.

EFFECTIVE DATE: November 3, 1997.

FOR FURTHER INFORMATION CONTACT: David L. Meyer, Chief, Rules and 
Directives Branch, Division of Administrative Services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, Telephone (301) 415-7162.

SUPPLEMENTARY INFORMATION: The Nuclear Regulatory Commission is 
amending the regulations in 10 CFR Parts 13, 32, 50, 51, 55, 60, 72, 
and 110 to correct several miscellaneous errors in regulatory text. 
These changes in CFR text are necessary because of errors that occurred 
in the process of preparing and printing various rulemaking documents.
    Because these are amendments dealing with agency practice and 
procedure, the notice and comment provisions of the Administrative 
Procedure Act do not apply pursuant to 5 U.S.C. 553(b)(A). These 
amendments are effective upon publication in the Federal Register. Good 
cause exists to dispense with the usual 30-day delay in the effective 
date because the amendments are of a minor and administrative nature 
dealing with corrections to certain CFR sections.

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

Paperwork Reduction Act Statement

    This final rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget, approval numbers 3150-0001, 3150-0011, 
3150-0021, 3150-0018, 3150-00127, 3150-0132, and 3150-0036.

Public Protection Notification

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

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule and that a backfit analysis is not 
required, because these amendments do not involve any provisions that 
would impose backfits as defined in 10 CFR Chapter I.

List of Subjects

10 CFR Part 13

    Claims, Fraud, Organization and function (government agencies), 
Penalties.

10 CFR Part 32

    Byproduct material, Criminal penalties, Labeling, Nuclear 
materials, Radiation protection, Reporting and recordkeeping 
requirements.

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 55

    Criminal penalties, Manpower training programs, Nuclear power 
plants and reactors, Reporting and recordkeeping requirements.

10 CFR Part 60

    Criminal penalties, High-level waste, Nuclear power plants and 
reactors, Nuclear materials, Reporting and recordkeeping requirements, 
Waste treatment and disposal.

10 CFR Part 72

    Manpower training programs, Nuclear materials, Occupational safety 
and health, Reporting and recordkeeping requirements, Security 
measures, Spent fuel.

10 CFR Part 110

    Administrative practice and procedure, Classified information, 
Criminal penalties, Export, Import, Intergovernmental relations, 
Nuclear materials, Nuclear power plants and reactors, Reporting and 
recordkeeping requirements, Scientific equipment.

    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 13, 32, 50, 51, 55, 60, 72, 
and 110.

PART 13--PROGRAM FRAUD CIVIL REMEDIES

    1. The authority citation for Part 13 continues to read as follows:

    Authority: Public Law 99-509, sec. 6101-6104, 100 Stat. 1874 (31 
U.S.C. 3801-3812). Sections 13.13 (a) and (b) also issued under 
section Pub. L. 101-410, 104 Stat. 890, as amended by section 
31001(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note).


Sec. 13.3  [Amended]

    2. In Sec. 13.3(b)(1)(ii), add ``by'' between ``prescribed'' and 
``law.''

[[Page 59276]]

PART 32--SPECIFIC DOMESTIC LICENSES TO MANUFACTURE OR TRANSFER 
CERTAIN ITEMS CONTAINING BYPRODUCT MATERIAL

    3. The authority citation for Part 32 is revised to read as 
follows:

    Authority: Secs. 81, 161, 182, 183, 68 Stat. 935, 948, 953, 954, 
as amended (42 U.S.C. 2111, 2201, 2232, 2233); sec. 201, 88 Stat. 
1242, as amended (42 U.S.C. 5841).


Sec. 32.74  [Amended]

    4. In Sec. 32.74(a)(3), in the first sentence ``Sec. 35.58'' is 
revised to read `` Sec. 35.57.''

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

    5. The authority citation for Part 50 is revised to read as 
follows:

    Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846).
    Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 
185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, Pub. 
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), 
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued 
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 50.33a, 
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83 
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued 
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 50.58, 
50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 
U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 Stat. 939 
(42 U.S.C. 2152). Sections 50.80-50.81 also issued under sec. 184, 
68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C 2237).


Sec. 50.2  [Amended]

    6. In Sec. 50.2, the definition of ``Electric Utility,'' in the 
second sentence, the word ``coperatives'' is revised to read 
``cooperatives.''


Sec. 50.46  [Amended]

    7. In Sec. 50.46(a)(2), the word ``Regulations'' is revised to read 
``Regulation.''


Sec. 50.55  [Amended]

    8. In Sec. 50.55a(g)(6)(ii)(A)(2), insert ``()'' around the ``A'' 
in the cite `` Sec. 50.55a(g)(6)(ii)A(3)''.


Sec. 50.65  [Amended]

    9. In Sec. 50.65(a)(3), in the third sentence, the first time the 
word ``preventative'' appears, it is revised to read ``preventing'', in 
the third sentence, the second time the word ``preventative'' appears, 
it is revised to read ``preventive'', and in the fourth sentence, the 
word ``preventative'' is revised to read ``preventive.''

PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC 
LICENSING AND RELATED REGULATORY FUNCTIONS

    10. The Authority citation for Part 51 continues to read as 
follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 
Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as 
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 
5842). Subpart A also issued under National Environmental Policy Act 
of 1969, secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 
U.S.C. 4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 
3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 
2243). Sections 51.20, 51.30, 51.60, 51.61, 51.80, and 51.97 also 
issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, 
and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 
10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 
688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under 
Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. 2228 (42 U.S.C. 
10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste 
Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C. 
10134(f)).


Sec. 51.55  [Amended]

    11. In Sec. 51.55(a), in the second sentence, insert the word 
``of'' between the words ``Office'' and ``Nuclear.''

Appendix B to Subpart A [Amended]

    12. In Subpart A, Appendix B, Table B-1 under ``Uranium Fuel Cycle 
and Waste Management,'' in the third column, second paragraph, fourth 
sentence, the word ``does'' is revised to read ``dose,'' and in the 
third column, fourth paragraph, last sentence, ``310<SUP>-3</SUP>'' is 
revised to read ``3 X 10<SUP>-3</SUP>.''

PART 55--OPERATORS' LICENSES

    13. The authority citation for Part 55 continues to read as 
follows:

    Authority: Secs. 107, 161, 182, 68 Stat. 939, 948, 953 , as 
amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 2137, 2201, 
2232, 2282); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 
1244 (42 U.S.C. 5841, 5842).

    Sections 55.41, 55.43, 55.45, and 55.59 also issued under sec. 
306, Pub. L. 97-425, 96 Stat. 2262 (42 U.S.C. 10226). Section 55.61 
also issued under secs. 186, 187, 68 Stat. 955 (42 U.S.C. 2236, 
2237).


Sec. 55.45  [Amended]

    14. In Sec. 55.45(a)(7), the word ``head'' is revised to read 
``heat.''

PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC 
REPOSITORIES

    15. The authority citation for Part 60 continues to read as 
follows:

    Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and 
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851).


Sec. 60.111  [Amended]

    16. In Sec. 60.111(a), insert the word ``the'' between the words 
``by'' and ``Environmental.''

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE

    17. The Authority citation for Part 72 is revised to read as 
follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951 as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168).
    Section 72.44(g) also issued under secs. 142 (b) and 148 (c), 
(d), Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162 
(b), 10168 (c), (d)). Section 72.46 also issued under sec. 189, 68 
Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 
(42 U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J 
also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 
97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).


Sec. 72.54  [Amended]

    18. In Sec. 72.54(d), ``Sec. 72.42(d)'' is revised to read 
``Sec. 72.42(b).''

[[Page 59277]]

PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL

    19. The authority citation for Part 110 continues to read as 
follows:

    Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104, 
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat. 
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as 
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112, 
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237, 
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec 5, 
Pub. L. 101-575, 104 Stat 2835 (42 U.S.C. 2243).
    Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued 
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d, 
88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued under 
sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued under 
sec. 123, 92 Stat. 142 (42 U.S.C. 2153).Section 110.51 also issued 
under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 
110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C. 2236). 
Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554. 
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections 
110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L. 102-496 
(42 U.S.C. 2151 et seq.).


Sec. 110.4  [Amended]

    20. In Sec. 110.4, the telephone number is revised to read ``(301) 
415-2344.''


Sec. 110.26  [Amended]

    21. In Sec. 110.26(a)(2), the words ``South Korea'' are revised to 
read ``Republic of Korea.''


Sec. 110.52  [Amended]

    22. In Sec. 110.52(c), ``subpart J'' is revised to read ``subpart 
I.''


Sec. 110.111  [Amended]

    23. In Sec. 110.111(f), ``subpart L'' is revised to read ``subpart 
K.''

    Dated at Rockville, Maryland, this 21st day of October 1997.

    For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 97-28988 Filed 10-31-97; 8:45 am]
BILLING CODE 7590-01-P