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

54931 

Vol. 73, No. 186 

Wednesday, September 24, 2008 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[NRC–2008–0263; PRM–50–91] 

RIN 3150–AI41 

Technical Specifications—Restoring 

the Original Paragraph Designations 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to resolve an administrative 

issue raised in a petition for rulemaking 

(PRM) submitted by the Strategic 

Teaming and Resource Sharing (STARS) 

Integrated Regulatory Affairs Group 

(PRM–50–91). In this final rule, the NRC 

is restoring the original paragraph 

designations as existed in 10 CFR 50.36 

before the 2007 Part 52 final 

rulemaking. This final rule eliminates 

the need for licensees to expend 

resources on administrative 

redesignations that have no safety 

benefit. 

DATES: Effective Date: October 24, 2008. 

ADDRESSES: You can access publicly 

available documents related to this 

document using the following methods: 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

[NRC–2008–0263]. Address questions 

about NRC dockets to Carol Gallagher 

301–415–5905; e-mail 

Carol.Gallagher@nrc.gov. 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee, publicly available 

documents at the NRC’s PDR, Public 

File Area O1–F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: A. 

Jason Lising, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; Telephone 301–415–3220; e-mail 

jason.lising@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Nuclear Regulatory Commission 

is amending the regulations in 10 CFR 

Part 50 to revise 10 CFR 50.36, 

‘‘Technical Specifications,’’ and thereby 

resolve administrative issues raised in 

PRM–50–91 submitted by the STARS 

Integrated Regulatory Affairs Group. 

On August 28, 2007, (72 FR 49351) 

the final rule for Part 52, ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants,’’ redesignated 

§ 50.36(c), (d), and (e) as paragraphs (d), 

(e), and (f), respectively, and added a 

new paragraph (c) to 10 CFR 50.36. The 

insertion of this new paragraph caused 

the paragraph for the technical 

specification criteria to be redesignated 

from 10 CFR 50.36(c) to 10 CFR 

50.36(d). The redesignation of these 

paragraphs requires many licensees of 

operating nuclear power plants to 

modify their technical specifications, 

final safety analysis reports, and plant 

plans and procedures to correctly 

reference the redesignated § 50.36(d). 

This would require substantial 

expenditures of licensee resources with 

no corresponding benefit to public 

health and safety, common defense and 

security, or protection of property from 

radiological events. By restoring the 

original paragraph designation, the final 

rule benefits all operating nuclear power 

plants by obviating the need for 

licensees to expend their resources on 

administrative corrections. 

Petition for Rulemaking 

On April 11, 2008, Mr. T. Moser, 

Chairman, STARS Integrated Regulatory 

Affairs Group, submitted a petition for 

rulemaking, docketed PRM–50–91. Mr. 

Moser requested that the NRC correct a 

paragraph numbering conflict 

introduced by a final rule ‘‘Licenses, 

Certifications, and Approvals for 

Nuclear Power Plants’’ (August 28, 

2007; 72 FR 49351). The petitioner 

asserts that by granting the petition, 

potential error will be prevented by 

eliminating the need to identify and 

process conforming changes which 

reflect the redesignated paragraphs. 

There are many licensee and NRC 

documents affected such as Technical 

Specification Bases, implementing 

operation procedures, training 

programs, Technical Specification Task 

Force Travelers, NUREGs, Regulatory 

Guides, NRC office instructions, NRC 

Management Directives, and SECY 

papers. The petitioner asserts that 

significant industry and NRC effort to 

update documents to correct references 

to 10 CFR 50.36(c) is burdensome with 

no safety benefit. 

Rule Change 

The NRC has determined that the 

issue raised by PRM–50–91 can be 

resolved through an administrative 

rulemaking which restores the original 

paragraph designations. In this final 

rule, the NRC is restoring the original 

paragraph designations as existed in 

§ 50.36 before the 2007 Part 52 

rulemaking. In addition, the NRC is 

redesignating the new paragraph (c) 

which was adopted in the 2007 Part 52 

final rulemaking as a new paragraph 

(a)(2). The existing text of paragraph (a) 

is being redesignated as paragraph 

(a)(1). The NRC believes that this 

redesignation of paragraph (a) will not 

result in any cross-referencing issues, 

inasmuch as any reference to § 50.36(a) 

will continue to be valid with the 

redesignation. The NRC also believes it 

is unlikely that any technical 

specifications, final safety analysis 

reports, or plant procedures actually 

reference paragraph (a) given the subject 

matter of that paragraph. This final rule 

closes the docket on PRM–50–91. 

Rulemaking Procedure 

Because this amendment constitutes a 

minor administrative correction to the 

regulations, the notice and comment 


rwilkins on PROD1PC63 with RULES
54932 Federal Register / Vol. 73, No. 186 / Wednesday, September 24, 2008 / Rules and Regulations 

provisions of the Administrative 

Procedure Act do not apply pursuant to 

5 U.S.C. 553(b)(B). 

Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

final rule is the type of action described 

in categorical exclusion under 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 

The final rule does not contain 

information collection requirements 

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 of an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Congressional Review Act 

In accordance with the Congressional 

Review Act of 1996, the NRC has 

determined that this action is not a 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs of 

OMB. 

List of Subjects for 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. 

■ For the reasons set forth 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 Part 50. 

PART 50—DOMESTIC LICENSING OF 

PRODUCTION AND UTILIZATION 

FACILITIES 

■ 1. The authority citation for part 50 

continues 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); sec. 651(e), Pub. L. 

109–58, 119 Stat. 806–810 (42 U.S.C. 2014, 

2021, 2021b, 2111). 

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). 

§ 50.36 [Amended] 

■ 2. Section 50.36 is amended by 

redesignating paragraph (a) as paragraph 

(a)(1), redesignating paragraph (c) as 

paragraph (a)(2), and redesignating 

paragraphs (d), (e), and (f) as paragraphs 

(c), (d), and (e), respectively. 

Dated at Rockville, Maryland, this 5th day 

of September, 2008. 

For the Nuclear Regulatory Commission. 

Bruce S. Mallett, 

Acting Executive Director for Operations. 

[FR Doc. E8–22355 Filed 9–23–08; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 300 

[Docket No. 080310411–8949–02] 

RIN 0648–AU14 

Pacific Halibut Fisheries; Subsistence 

Fishing 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues a final rule to 

amend the subsistence fishery rules for 

Pacific halibut in waters in and off 

Alaska. These regulations are necessary 

to address subsistence halibut 

management concerns, particularly in 

densely populated areas. This action is 

intended to support the conservation 

and management provisions of the 

Northern Pacific Halibut Act of 1982. 

DATES: Effective October 24, 2008. 

ADDRESSES: Copies of the Categorical 

Exclusion (CE), Regulatory Impact 

Review (RIR), and Final Regulatory 

Flexibility Analysis (FRFA) prepared for 

this action, as well as the environmental 

assessment (EA) prepared for the 

original subsistence halibut action (68 

FR 18145; April 15, 2003) are available 

by mail from NMFS, Alaska Region, P. 

O. Box 21668, Juneau, AK 99802–1668, 

Attn: Ellen Sebastian, Records Officer; 

in person at NMFS, Alaska Region, 709 

West 9th Street, Room 420A, Juneau, 

Alaska; or via the Internet at the NMFS 

Alaska Region website at http:// 

www.alaskafisheries.noaa.gov. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection–of–information 

requirements contained in this final rule 

may be submitted to NMFS at the above 

address and by e–mail to 

DavidlRostker@omb.eop.gov, or fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Becky Carls, 907–586–7228. 

SUPPLEMENTARY INFORMATION: 

Management of the Pacific halibut 

(hereafter halibut) fishery in and off 

Alaska is based on an international 

agreement between Canada and the 

United States. This agreement, entitled 

the ‘‘Convention between the United 

States of America and Canada for the 

Preservation of the Halibut Fishery of 

the Northern Pacific Ocean and Bering 

Sea’’ (Convention), was signed at 

Ottawa, Canada, on March 2, 1953, and 

amended by the ‘‘Protocol Amending 

the Convention,’’ signed at Washington, 

D.C., March 29, 1979. The Convention, 

administered by the International 

Pacific Halibut Commission (IPHC), is 

given effect in the United States by the 

Northern Pacific Halibut Act of 1982 

(Halibut Act). 

The IPHC promulgates regulations 

pursuant to the Convention. The IPHC’s 

regulations are subject to approval by 

the Secretary of State with concurrence 

from the Secretary of Commerce 

(Secretary). After approval by the 

Secretary of State and the Secretary, the 

IPHC regulations are published in the 

Federal Register as annual management 

measures pursuant to 50 CFR 300.62. 

NMFS published the IPHC’s current 

annual management measures on March 

7, 2008 (73 FR 12280). 

The Halibut Act authorizes the North 

Pacific Fishery Management Council 

(Council) to develop halibut fishery 

regulations, including limited access 

regulations, in its geographic area of 

concern that would apply to nationals 


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