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.

Rules and Regulations Federal Register

61885 

Vol. 70, No. 207 

Thursday, October 27, 2005 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2, 50, 52, and 140 

RIN 3150–AH78 

Price-Anderson Act Financial 

Protection Regulations and Elimination 

of Antitrust Reviews 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to conform with the 

requirements of the Energy Policy Act of 

2005. The revised regulations include 

Congress’s prescribed increase in the 

amount of the required annual financial 

contributions required from commercial 

reactors in the event of a nuclear 

accident to pay for third party liability 

under the Price-Anderson Act. Another 

revision provides Congress’s 

accommodation for modular reactors, 

which permits a defined combination of 

these reactors to be considered a single 

reactor for the determination of 

financial obligations under the PriceAnderson Act. Additional revisions, 

essentially deletions, result from 

Congress’s terminating NRC’s authority 

and responsibility to conduct antitrust 

reviews of future applications to 

construct or operate a nuclear reactor. 

DATES: This rule is effective on 

November 28, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Marjorie Nordlinger, Senior Attorney, 

Office of the General Counsel, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

(301) 415–1616, e-mail MSN@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of Final Rule 

III. Voluntary Consensus Standards 

IV. Finding of No Significant Impact: 

Environmental Assessment 

V. Paperwork Reduction Act Statement 

VI. Regulatory Analysis 

VII. Backfit Analysis 

VIII. Congressional Review Act 

I. Background 

The Nuclear Regulatory Commission 

(NRC) is amending its regulations to 

conform with recently enacted 

provisions contained in the Energy 

Policy Act of 2005, Public Law 109–58. 

In that act, Congress amended Section 

170 of the Atomic Energy Act (the PriceAnderson Act) to increase the amount 

reactor licensees must contribute 

annually to compensate the public for 

damages if a nuclear accident occurs. 

Congress also provided special 

treatment for potential licensees of 

modular reactors by defining what 

combination of reactors is entitled to be 

considered a single reactor under the 

Price-Anderson Act for determining the 

applicable financial requirements. In the 

same legislation, Congress eliminated 

NRC’s authority and responsibility to 

conduct antitrust reviews of future 

applications for a license to construct or 

operate a nuclear reactor. 

This rule revises the Commission’s 

regulations solely to comply with the 

Energy Policy Act of 2005. The changes 

simply incorporate mandatory statutory 

requirements or eliminate authorities 

and actions under a Congressional 

mandate, which by its terms applies 

only to future nuclear reactor 

construction permits and operating 

license applications and has no effect on 

the Commissions’ authority relative to 

existing nuclear reactor operating 

license antitrust conditions. 

Accordingly, good cause exists under 5 

U.S.C. 553(d)(3) to publish this final 

rule without soliciting public comment 

because the Commission has no 

discretion in these matters and public 

comment would serve no useful 

purpose. The revisions are being 

published as a final rule that will 

become effective 30 days from the date 

of publication in the Federal Register. 

II. Discussion of the Final Rule 

A. Antitrust Amendments 

The Atomic Energy Commission and 

its successor the Nuclear Regulatory 

Commission have had the authority and 

obligation to conduct antitrust reviews 

of applicants for licenses to construct 

and operate nuclear reactors. In 

determining whether to grant such a 

license, the Commission was required to 

make a finding whether the activities 

under the license would create or 

maintain a situation inconsistent with 

the Nation’s antitrust laws. Sometimes 

the Commission has needed to conduct 

a lengthy hearing on antitrust issues 

before issuing its decision. In recent 

years, other Government agencies more 

specialized in financial matters have 

demonstrated oversight and authority 

sufficient to discern and address 

potential anticompetitive behavior of 

nuclear energy producers. In light of the 

redundant antitrust responsibilities of 

the Commission and those agencies, 

Congress enacted section 625 of the 

Energy Policy Act of 2005 which 

eliminated the Commission’s antitrust 

authority with respect to future license 

applications. The final rule’s changes in 

the regulations remove all antitrust 

review requirements and references to 

the discontinued antitrust review. 

B. Price-Anderson Act Amendments 

In the event of a serious nuclear 

accident with substantial offsite 

damages, the Price-Anderson 

Amendments Act of 1988 required each 

licensee of a commercial reactor (one 

with a rated capacity of 100,000 

electrical kilowatts or more) to pay into 

a retrospective premium pool, as 

needed, $10 million annually per 

reactor up to the sum of $63 million as 

adjusted for inflation to pay for harm to 

person or property caused by the 

accident. By August 2003, that sum, as 

adjusted for inflation, had reached the 

amount of $95,800,000. In section 603 of 

The Energy Policy Act of 2005, Congress 

replaced the $63 million limit with the 

$95,800,000 current limit, already 

incorporated in the Commission’s rules 

as the new base for inflation adjustment. 

Congress also decided that the $10 

million annual payment which had 

remained unchanged since 1988 should 

be increased to $15 million and should 

be adjusted for inflation in the future. 

Accordingly, the Commission is 

changing the regulation to reflect the 

current $15 million amount the nuclear 

reactor licensees would pay annually if 

public liability damages exceeded the 

insurance required to be carried by the 

licensee. 

In section 608 of the Energy Policy 

Act of 2005, Congress recognized that 

new designs of reactors known as 

modular reactors could result in 

61886 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 

groupings of a smaller capacity reactor 

than the typical commercial reactor 

currently in use, but where each single 

modular reactor still exceeds the 

100,000 electrical kilowatts that would 

trigger the financial obligations 

currently required of a large reactor. To 

make the small modular reactors 

economically feasible while maintaining 

for them an equitable obligation to 

assure available funds for the public, the 

Energy Policy Act provided that a 

prescribed combination of facilities 

should be considered as a single facility 

for the sole purpose of assessing 

financial obligations under the PriceAnderson Act. The Commission is 

amending its rules to include the 

description of the combination of 

modular reactors which is to be treated 

as a single reactor for assessing 

obligations to contribute to the pool that 

will pay for public harm if a serious 

nuclear accident occurs. 

III. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995, Public 

Law 104–113, requires that Federal 

agencies use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this rule, the NRC is 

revising its regulations to reflect 

statutory mandates contained in the 

Energy Policy Act of 2005. This action 

does not constitute the establishment of 

a standard that contains generally 

applicable requirements. 

IV. Finding of No Significant Impact: 

Environmental Assessment 

The Commission has determined 

under the National Environmental 

Policy Act of 1969, as amended, and the 

Commission’s regulations in Subpart A 

of 10 CFR Part 51, that this rule is not 

a major Federal action significantly 

affecting the quality of the human 

environment and, therefore, an 

environmental impact statement is not 

required. The basis for this 

determination is that the rule relates to 

liability under the Price-Anderson Act 

and the elimination of NRC’s antitrust 

reviews. In addition, the changes to the 

regulations in Parts 2, 50, 52 and 140 are 

actions that fall within the categorical 

exclusions set out in 10 CFR 51.22(c)(1) 

and (3). 

V. Paperwork Reduction Act Statement 

This final rule does not contain new 

or amended information collection 

requirements 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–

0011, 3150–0151, and 3150–0039. 

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 OMB control 

number. 

VI. Regulatory Analysis 

A regulatory analysis has not been 

prepared for this regulation. This rule 

amends NRC regulations to be 

consistent with provisions in the Energy 

Policy Act of 2005. This rule does not 

involve an exercise of Commission 

discretion and, therefore, does not 

necessitate preparation of a regulatory 

analysis. 

VII. Backfit Analysis 

The NRC has determined that the 

backfit rule does not apply to this final 

rule; and therefore, a backfit analysis is 

not required for this final rule because 

these amendments are mandated by the 

Energy Policy Act of 2005. 

VIII. Congressional Review Act 

In accordance with the Congressional 

Review Act, the NRC has determined 

that this action is not a major rule and 

has verified this determination with the 

Office of Information and Regulatory 

Affairs of OMB. 

List of Subjects 

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 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 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 140 

Criminal penalties, Extraordinary 

nuclear occurrence, Insurance, 

Intergovernmental relations, Nuclear 

materials, Nuclear power plants and 

reactors, Reporting and recordkeeping 

requirements. 

■ For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553; 

the NRC is adopting the following 

amendments to 10 CFR parts 2, 50, 52, 

and 140. 

PART 2—RULES OF PRACTICE FOR 

DOMESTIC LICENSING PROCEEDINGS 

AND ISSUANCE OF ORDERS 

■ 1. The authority citation for part 2 is 

revised to read as follows: 

Authority: Secs. 161, 181, 68 Stat. 948, 

953, as amended (42 U.S.C. 2201, 2231); sec. 

191, as amended, Pub. L. 87–615, 76 Stat. 409 

(42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note). 

Section 2.101 also issued under secs. 53, 

62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, 

935, 936, 937, 938, as amended (42 U.S.C. 

2073, 2092, 2093, 2111, 2133, 2134, 2135); 

sec. 114(f), Pub. L. 97–425, 96 Stat. 2213, as 

amended (42 U.S.C. 10143(f)), sec. 102, Pub. 

L. 91–190, 83 Stat. 853, as amended (42 

U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 

U.S.C. 5871). 

Sections 2.102, 2.103, 2.104, 2.105, 2.721 

also issued under secs. 102, 103, 104, 183i, 

189, 68 Stat. 936, 937, 938, 954, 955, as 

amended (42 U.S.C. 2132, 2133, 2134, 2135, 

2233, 2239). Sections 2.105 also issued under 

Pub. L. 97–415, 96 Stat. 2073 (42 U.S.C. 

2239). 

Sections 2.200–2.206 also issued under 

secs. 161b, I, o, 182, 186, 234, 68 Stat. 948–

951, 955, 83 Stat. 444, as amended (42 U.S.C. 

2201(b), (I), (o), 2236, 2282); sec. 206, 88 Stat 

1246 (42 U.S.C. 5846). Section 2.205(j) also 

issued under Pub. L. 101–410, 104 Stat. 90, 

as amended by section 3100(s), Pub. L. 104–

134, 110 Stat. 1321–373 (28 U.S.C. 2461 

note). Sections 2.600–2.606 also issued under 

sec. 102, Pub. L. 91–190, 83 Stat. 853, as 

amended (42 U.S.C. 4332). Sections 2.700a, 

2.719 also issued under 5 U.S.C. 554. 

Sections 2.754, 2.760, 2.770, 2.780 also 

issued under 5 U.S.C. 557. Section 2.764 also 

issued under secs. 135, 141, Pub. L. 97–425, 

96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 

Section 2.790 also issued under sec. 103, 68 

Stat. 936, as amended (42 U.S.C. 2133), and 

5 U.S.C. 552. 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, and sec. 29, Pub. 

L. 85–256, 71 Stat. 579, as amended (42 

U.S.C. 2039). Subpart K 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). 

Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 61887 

Subpart L also issued under sec. 189, 68 

Stat. 955 (42 U.S.C. 2239). Subpart M also 

issued under sec. 184 (42 U.S.C. 2234) and 

sec. 189, 68 Stat. 955 (42 U.S.C. 2239). 

Appendix A also issued under sec. 6, Pub. L. 

91–560, 84 Stat. 1473 (42 U.S.C. 2135). 

■ 2. In § 2.101 paragraphs (a–1)(5) and 

(e) are removed, paragraphs (f) and (g) 

are redesignated as paragraphs (e) and 

(f) respectively, and paragraphs (a)(5), 

(a–1) introductory text, and (c) are 

revised to read as follows: 

§ 2.101 Filing of application. 

(a) * * * 

(5) An applicant for a construction 

permit for a production or utilization 

facility which is subject to § 51.20(b) of 

this chapter, and is of the type specified 

in § 50.21(b)(2) or (3) or § 50.22 of this 

chapter or is a testing facility may 

submit the information required of 

applicants by part 50 of the chapter in 

two parts. One part shall be 

accompanied by the information 

required by § 50.30(f) of this chapter, 

another part shall include any 

information required by § 50.34(a) and, 

if applicable, § 50.34a of this chapter. 

One part may precede or follow other 

parts by no longer than six (6) months. 

If it is determined that either of the parts 

as described above is incomplete and 

not acceptable for processing, the 

Director of Nuclear Reactor Regulation 

or Director of Nuclear Material Safety 

and Safeguards, as appropriate, will 

inform the applicant of this 

determination and the respects in which 

the document is deficient. Such a 

determination of completeness will 

generally be made within a period of 

thirty (30) days. Whichever part is filed 

first shall also include the fee required 

by §§ 50.30(e) and 170.21 of this chapter 

and the information required by 

§§ 50.33, 50.34(a)(1) and 50.37 of this 

chapter. The Director of Nuclear Reactor 

Regulation or Director of Nuclear 

Material Safety and Safeguards, as 

appropriate, will accept for docketing an 

application for a construction permit for 

a production or utilization facility 

which is subject to § 51.20(b) of this 

chapter, and is of the type specified in 

§ 50.21(b)(2) or (3) or § 50.22 of this 

chapter or is a testing facility where one 

part of the application as described 

above is complete and conforms to the 

requirements of part 50 of this chapter. 

The additional parts will be docketed 

upon a determination by the Director of 

Nuclear Reactor Regulation or Director 

of Nuclear Material Safety and 

Safeguards, as appropriate, that it is 

complete. 

(a–1) Early consideration of site 

suitability issues. An applicant for a 

construction permit for a utilization 

facility which is subject to § 51.20(b) of 

this chapter and is of the type specified 

in § 50.21(b)(2) or (3) or § 50.22 of this 

chapter or is a testing facility, may 

request that the Commission conduct an 

early review and hearing and render an 

early partial decision in accordance 

with subpart F on issues of site 

suitability within the purview of the 

applicable provisions of parts 50, 51 and 

100 of this chapter. In such cases, the 

applicant for the construction permit 

may submit the information required of 

applicants by the provisions of this 

chapter in three parts: 

* * * * * 

(c) Upon receipt and acceptance for 

docketing of the required portions of the 

application dealing with radiological 

health and safety and environmental 

matters, notice of receipt will be 

published in the Federal Register 

including an appropriate notice of 

hearing. 

* * * * * 

§ 2.102 [Amended] 

■ 3. In § 2.102, paragraph (d) is 

removed. 

■ 4. In § 2.104, footnote 4 and paragraph 

(d)(3) are removed, paragraph (d)(4) is 

redesignated as paragraph (d)(3), the 

introductory text of paragraph (d) and 

paragraphs (d)(1) and (d)(2) are revised 

to read as follows: 

§ 2.104 Notice of hearing. 

* * * * * 

(d) In an application for a 

construction permit or an operating 

license for a facility on which a hearing 

is required by the Act or this chapter, 

the notice of hearing will, unless the 

Commission determines otherwise, 

state: 

(1) A time of the hearing which will 

be as soon as practicable after 

compliance with section 189a of the Act 

and this part; 

(2) The presiding officer for the 

hearing who shall be either an 

administrative law judge or an atomic 

safety and licensing board established 

by the Commission or by the Chief 

Administrative Judge of the Atomic 

Safety and Licensing Board Panel; and 

* * * * * 

■ 5. In § 2.105, paragraph (f) is removed 

and paragraph (e)(2) is revised to read 

as follows: 

§ 2.105 Notice of proposed action. 

* * * * * 

(e) * * * 

(2) If a request for a hearing or a 

petition for leave to intervene is filed 

within the time prescribed in the notice, 

the presiding officer who shall be an 

Atomic Safety and Licensing Board 

established by the Commission or by the 

Chief Administrative Judge of the 

Atomic Safety and Licensing Board 

Panel, will rule on the request and/or 

petition, and the Secretary or the 

presiding officer will issue a notice of 

hearing or an appropriate order. 

■ 6. In § 2.402, paragraph (a) is revised 

to read as follows: 

§ 2.402 Separate hearings on separate 

issues; consolidation of proceedings. 

(a) In the case of applications under 

appendix N of part 52 of this chapter for 

construction permits for nuclear power 

reactors of a type described in § 50.22 of 

this chapter, the Commission or the 

presiding officer may order separate 

hearings on particular phases of the 

proceeding, such as matters related to 

the acceptability of the design of the 

reactor, in the context of the site 

parameters postulated for the design or 

environmental matters. 

* * * * * 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

■ 7. The authority citation for part 50 is 

revised to read as follows: 

Authority: Secs. 102, 103, 104, 161, 182, 

183, 186, 189, 68 Stat. 936, 937, 938, 948, 

953, 954, 955, 956, as amended, sec. 234, 83 

Stat. 444, as amended (42 U.S.C. 2132, 2133, 

2134, 2135, 2201, 2232, 2233, 2236, 2239, 

2282); secs. 201, as amended, 202, 206, 88 

Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 

5841, 5842, 5846); sec. 1704, 112 Stat. 2750 

(44 U.S.C. 3504 note). Section 50.7 also 

issued under Pub. L. 95–601, sec. 10, 92 Stat. 

2951 (42 U.S.C. 5841). Section 50.10 also 

issued under secs. 101, 185, 68 Stat. 955, as 

amended (42 U.S.C. 2131, 2235); sec. 102, 

Pub. L. 91–190, 83 Stat. 853 (42 U.S.C. 4332). 

Sections 50.13, 50.54(dd), and 50.103 also 

issued under sec. 108, 68 Stat. 939, as 

amended (42 U.S.C. 2138). 

Sections 50.23, 50.35, 50.55, and 50.56 also 

issued under sec. 185, 68 Stat. 955 (42 U.S.C. 

2235). Sections 50.33a, 50.55a and Appendix 

Q also issued under sec. 102, Pub. L. 91–190, 

83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 

and 50.54 also issued under sec. 204, 88 Stat. 

1245 (42 U.S.C. 5844). Sections 50.58, 50.91, 

and 50.92 also issued under Pub. L. 97–415, 

96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 

also issued under sec. 122, 68 Stat. 939 (42 

U.S.C. 2152). Sections 50.80—50.81 also 

issued under sec. 184, 68 Stat. 954, as 

amended (42 U.S.C. 2234). Appendix F also 

issued under sec. 187, 68 Stat. 955 (42 U.S.C. 

2237). 

■ 8. Section 50.8 paragraph (b) is 

revised to read as follows: 

§ 50.8 Information collection 

requirements: OMB approval. 

* * * * * 

61888 Federal Register / Vol. 70, No. 207 / Thursday, October 27, 2005 / Rules and Regulations 

(b) The approved information 

collection requirements contained in 

this part appear in §§ 50.30, 50.33, 

50.34, 50.34a, 50.35, 50.36, 50.36a, 

50.36b, 50.44, 50.46, 50.47, 50.48, 50.49, 

50.54, 50.55, 50.55a, 50.59, 50.60, 50.61, 

50.62, 50.63, 50.64, 50.65, 50.66, 50.68, 

50.69, 50.70, 50.71, 50.72, 50.74, 50.75, 

50.80, 50.82, 50.90, 50.91, 50.120, and 

appendices A, B, E, G, H, I, J, K, M, N,O, 

Q, R, and S to this part. 

* * * * * 

§ 50.33a [Removed] 

■ 9. Section 50.33a is removed. 

■ 10. Section 50.80 paragraph (b) is 

revised to read as follows: 

§ 50.80 Transfer of licenses. 

* * * * * 

(b) An application for transfer of a 

license shall include as much of the 

information described in §§ 50.33 and 

50.34 of this part with respect to the 

identity and technical and financial 

qualifications of the proposed transferee 

as would be required by those sections 

if the application were for an initial 

license. The Commission may require 

additional information such as data 

respecting proposed safeguards against 

hazards from radioactive materials and 

the applicant’s qualifications to protect 

against such hazards. The application 

shall include also a statement of the 

purposes for which the transfer of the 

license is requested, the nature of the 

transaction necessitating or making 

desirable the transfer of the license, and 

an agreement to limit access to 

Restricted Data pursuant to § 50.37. The 

Commission may require any person 

who submits an application for license 

pursuant to the provisions of this 

section to file a written consent from the 

existing licensee or a certified copy of 

an order or judgment of a court of 

competent jurisdiction attesting to the 

person’s right (subject to the licensing 

requirements of the Act and these 

regulations) to possession of the facility 

involved. 

* * * * * 

Appendix L to Part 50—[Removed and 

Reserved] 

■ 11. Appendix L to part 50 is removed 

and reserved. 

■ 12. In Appendix N to part 50, 

paragraph 2, is revised to read as 

follows: 

Appendix N to Part 50— 

Standardization of Nuclear Power Plant 

Designs; Licenses To Construct and 

Operate Nuclear Power Reactors of 

Duplicate Design at Multiple Sites 

* * * * * 

2. Applications for construction permits 

submitted pursuant to this appendix must 

include the information required by §§ 50.33, 

50.34(a) and 50.34a(a) and (b) and be 

submitted as specified in § 50.4. The 

applicant shall also submit the information 

required by § 51.50 of this chapter. 

* * * * * 

PART 52—EARLY SITE PERMITS; 

STANDARD DESIGN 

CERTIFICATIONS; AND COMBINED 

LICENSES FOR NUCLEAR POWER 

PLANTS 

■ 13. The authority citation for part 52 

continues to read as follows: 

Authority: Sec. 161, 68 Stat. 948, as 

amended, sec. 274, 73 Stat. 688 (42 U.S.C. 

2201, 2021); sec. 201, 88 Stat. 1242, as 

amended (42 U.S.C. 5841); sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note). Sections 

150.3, 150.15, 150.15a, 150.31, 150.32 also 

issued under secs. 11e(2), 81, 68 Stat. 923, 

935, as amended, secs. 83, 84, 92 Stat. 3033, 

3039 (42 U.S.C. 2014e(2), 2111, 2113, 2114). 

Section 150.14 also issued under sec. 53, 68 

Stat. 930, as amended (42 U.S.C. 2073). 

Section 150.15 also issued under secs. 135, 

141, Pub. L. 97–425, 96 Stat. 2232, 2241 (42 

U.S.C. 10155, 10161). Section 150.17a also 

issued under sec. 122, 68 Stat. 939 (42 U.S.C. 

2152). Section 150.30 also issued under sec. 

234, 83 Stat. 444 (42 U.S.C. 2282). 

■ 14. Section 52.77 is revised to read as 

follows: 

§ 52.77 Contents of applications; general 

information. 

The application must contain all of 

the information required by 10 CFR 

50.33, as that section would apply to 

applicants for construction permits and 

operating licenses. 

PART 140—FINANCIAL PROTECTION 

REQUIREMENTS AND INDEMNITY 

AGREEMENTS 

■ 15. The authority citation for part 140 

is revised to read as follows: 

Authority: Secs. 161, 170, 68 Stat. 948, 71 

Stat. 576 as amended (42 U.S.C. 2201, 2210); 

secs. 201, as amended, 202, 88 Stat. 1242, as 

amended, 1244 (42 U.S.C. 5841, 5842); sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

Pub. L. 109–58. 

■ 16. In § 140.11, paragraph (a)(4) is 

revised to read as follows: 

§ 140.11 Amounts of financial protection 

for certain reactors. 

(a) * * * 

(4) In an amount equal to the sum of 

$300,000,000 and the amount available 

as secondary financial protection (in the 

form of private liability insurance 

available under an industry 

retrospective rating plan providing for 

deferred premium charges equal to the 

pro rata share of the aggregate public 

liability claims and costs, excluding 

costs payment of which is not 

authorized by section 170o.(1)(D) of the 

Act, in excess of that covered by 

primary financial protection) for each 

nuclear reactor which is licensed to 

operate and which is designed for the 

production of electrical energy and has 

a rated capacity of 100,000 electrical 

kilowatts or more: Provided, however, 

that under such a plan for deferred 

premium charges for each nuclear 

reactor which is licensed to operate, no 

more than $95,800,000 with respect to 

any nuclear incident (plus any 

surcharge assessed under subsection 

170o.(1)(E) of the Act) and no more than 

$15,000,000 per incident within one 

calendar year shall be charged. Except 

that, where a person is authorized to 

operate a combination of 2 or more 

nuclear reactors located at a single site, 

each of which has a rated capacity of 

100,000 or more electrical kilowatts but 

not more than 300,000 electrical 

kilowatts with a combined rated 

capacity of not more than 1,300,000 

electrical kilowatts, each such 

combination of reactors shall be 

considered to be a single nuclear reactor 

for the sole purpose of assessing the 

applicable financial protection required 

under this section. 

* * * * * 

Dated at Rockville, Maryland this 11th day 

of October, 2005. 

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations. 

[FR Doc. 05–21342 Filed 10–26–05; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 61 

[Docket No. FAA–2004–19630; Amendment 

No. 61–109] 

RIN 2120–AI38 

Second-in-Command Pilot Type Rating 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: We are correcting errors in a 

final rule published in the Federal 

Register on August 4, 2005. That final 

rule revised pilot certification 

regulations by establishing a second-incommand (SIC) pilot type rating and 

associated qualifying procedures. We 

are also correcting cross references and 

other minor errors in the pre-existing