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: Dawn.Forder@nrc.gov. 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 pdr.resource@nrc.gov.
• 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 PDR.Resource@nrc.gov 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: TriciaDolores.Lizama@nrc.gov.

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 § 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 § 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 § 50.33(j) and § 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 § 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 § 50.82(a)(1) or § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 50.100 to change the reference to § 50.42(a) to instead reference § 50.42. The provisions in § 50.42(a) were moved to § 50.42 by 73 FR 44619, July 31, 2008 and the reference to § 50.42(a) is no longer valid.

Correct Typographical Error. This final rule amends § 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 § 50.37 by adding the word “or” and commas, and § 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 § 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 § 52.31(a) to clarify that it is a criterion for renewal and § 52.31(b) to reflect that the provisions in § 52.31(a) are applicable to the Commission and not to the applicant for renewal of an early site permit.

This final rule amends § 52.39(c) by removing the word “should” to improve the clarity of the paragraph and § 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 § 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 § 50.10.

Correct Grammatical Error. This final rule amends § 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 § 52.110(e) to remove the incorrect reference to § 50.2 and the introductory text of § 52.110(f) to remove the incorrect reference to § 52.1, since neither reference contains a definition for “decommissioning activities.” This final rule also amends § 52.110(h)(1)(ii) to correct the placement of the semicolon.

Correct Punctuation. This final rule amends § 52.158(a)(1)(i) to replace the semicolon after “manufacturing license” with a comma.

Correct Term. This final rule amends § 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 § 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 § 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 § 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

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

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.

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

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

4. In § 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”.

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

6. Revise and republish § 50.37 to read as follows:

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

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

9. In § 50.59, amend paragraph (c)(1)(i) by removing the text “A change” and adding in its place the text “An amendment”.

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

11. In § 50.100, remove the reference “§ 50.42(a)” and add in its place the reference “§ 50.42”.

12. In § 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

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.

14. In § 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”.

15. Revise and republish § 52.31 to read as follows:

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

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

18. In § 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 § 50.10 of this chapter”.

19. In § 52.103, amend paragraph (b)(2) by removing the word “that”.

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

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

22. In § 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

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.

24. In § 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”.