ML20128N874
| ML20128N874 | |
| Person / Time | |
|---|---|
| Issue date: | 07/15/1996 |
| From: | Cant G NRC |
| To: | NRC |
| Shared Package | |
| ML20128N048 | List:
|
| References | |
| FRN-61FR43406, FRN-61FR43409, RULE-PR-2, RULE-PR-51 AF43-2-033, AF43-2-33, NUDOCS 9610170057 | |
| Download: ML20128N874 (32) | |
Text
-
)d From:- Geoffrey Cant PD R 69 '
To: WND1.WP2 (SAT) , ' WND1.WNP7 (SXB) , WND2.WNP6 (JXL) , TW...
Dates 7/1S/36 4:29pm
. Subject Part1 2 & 51 Direct Final Rule -Reply Due to a conflict.in Stun Treby's schedule, the meeting for the subject
' rulemaking is rescheduled for 4 :30 .P.M. at Stu Treby's office.
Mark Au Stu Treby and Jim Lieberman just discussed the issue. As'a result of that discussion, RES is requested to delete the change to section 2.201(b) that we had asked be included in the rulemaking. Accordingly, no meeting is needed.
Thank you for your cooperation.
CC: TWD2.TWP9 (PEN) , WND1.WNP2 (MES) , JXL, JRG 1
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 51 RIN 3150-AF43 Deletion of Outdated References and Minor Change
-AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations to delete all references to Appendix C, to 10 CFR Part 2. AppendixC[Geyeral ,
Statem6n{ofiPollic$ andiPtocedupes]foM Enfoicemen Q ction g;Wisihn been 1
removed from the Code of Federal ' Regulations because it is a Policy Statement,- l not a regulationy(( nditheMfoMem4ntMoli,cyyasipsb1jshed@s@ Policy j Sthtsment)iRMsnel30$995. This direct final rule also provides that the NRC
~
may use discretion when determining whether to require a written explanation
- or statement in reply to a notice of violation. When the NRC believes that
- the licensee or other person who receives the notice of violation has already adequately addressed all the issues contained in that notice, at the discretion of the NRC, further written responses may not be required.
DATE: This final rule is effective on (insert date 60 days after publication]
. i unless significant adverse comments are received by the NRC. Comments should be submitted by [ insert date 30 days after publication]. If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: -Mail written comments to: Secretary, U.S. Nuclear Regulatory .
Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch.
Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, beb:P ,
7:30 am and 4:15 pm Federal workdays.
For information on submitting comments electronically, see the discussion under Electronic Access in the Supplementary Information Section.
Copies of comments received may be examined or copies for a fee, at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.
FOR FORTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6181. E-Mail: INTERNET:MLA@NRC.G0V.
SUPPLEMENTARY INFORMATION:
Background
The NRC has removed Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995) inasmuch as the Enforcement Policy is a Policy Statement, not a regulation. The enforcement policy, " General Statement of Policy and ;
Procedures for NRC Enforcement Actions -- Enforcement Policy," was published as a Policy Statement on June 30, 1995 (60 FR 34381). It was also published as NUREG-1600 in July 1995. There are two sections (10 CFR 2.8(b) and ,
51.10(d)) in the Commission's regulations that still referen e Appendix C to Part 2. This rulemaking deletes both outdated references. ' his rulemaki g 2
. . .. -- . -_. . - . - . . - . - ~ . - ... --
l also amends i 2.201, " Notice of Violation," to provioe that the NRC may use discretion when determining whether to require a written explanation or statement in reply to a notice of violation. When the NRC believes that'the licensee or other person who received the notice of violation has already adequately. addressed all the issues contained in that notice, further written responses may not be required.
Discussion G60e;tetfodfMstdatedf refeifenselto?AppindiKQt6ji10ffRlPifti 2 Section 2.8 Information collection reauirements: OMB approval.
Section 2.8(a) currently states that the Office of Management and Budget (OMB) has approved the information collection requirements contained in Part
- 2. Section 2.8(b) states that the approved information collection I
requirements appear in Appendix C to 10 CFR Part 2. Because Appendix C has been removed from Part 2, there are no longer any information collection requirements in this part. Thus, 5 2.8 is amended to state that there are no information collection requirements contained in this part. It should be noted that any burden for the information collections related to enforcement actions is currently associated with the policy statement (June 30, 1995; 60 FR 34380), rather than with Part 2.
Section 51.10 Purpose and scope of subpart: application of regulations of Council on Environmental Quality.
Section 51.10(d) currently states, "These actions include issuance of 3
t notices, orders, and denials of requests for action pursuant to Subpart B of Part 2 of this chapter, matters covered by Part _15 and Part 160 of this chapter, and any other matters covered by Appendix C to Part 2 of this i chapter." Because Appendix C to 10 CFR Part 2 has been deleted, this sentence is incorrect. Thus, 5 51.10(d) is amended by deleting the reference to Appendix C to 10 CFR Part 2. Enforcement-related actions identified in the
$ former Appendix C to 10 CFR Part 2 will be added as examples to the list of actions in 5 51.10(d).
)
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Section 2.201 Notice of violation.
Section 2.201(a) states that, in response to a notice of violation, a l
! licensee or other person subject to the jurisdiction of the Commission to whom I a notice of violation has been sent will be required to submit a written l statement in reply, including corrective steps that have been taken, and the date when full compliance will be achieved. However, when a licensee or other person has already adequately addressed the issues contained in the notice of
, violation in writing, the licensee or other person has already, in effect, responded to the violation and a further written statement may be unnecessary.
Therefore, i 2.201(a) is amended to replace the existing phrase "will require" with "may require." ThischangegrantstheNRCdiscretiondenidetermininy whether to require the submittal of a written explanati'onjot statement when the NRC believes that a licensee or other person has already adequately addressed all the issues contained in that notice of violation.
4
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Electronic Access l l
Comments may be submitted electronically, in either ASCII text or Wordperfect' format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet.
If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number 1-800-303-9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to I (N,8,1). Using ANSI or VT-100 l
terminal emulation, the NRC NUREGs and RegGuides for Comment subsystem can j then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld, consult the " Help /Information Center" from the "NRC Main Menu." Users wil1 find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and data bases also have a " Help /Information Center" option that is tailored to the particular subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, 703-321-3339, or by using Telnet via Internet: fedworld. gov. If using 703-321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting
" Regulatory Information Mall ." At that point, a menu will be displayed that
.has an option "U.S. Nuclear Regulatory Commission" that will take you to the 5
NRC Online main menu. The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may return to FedWorld by selecting the " Return to FedWorld" option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems but you will not have access to the main FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be !
accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is included.
There is a 15-minute limit for FTP access.
Although FedWorld can be accessed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu.
For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD30nrc. gov.
Procedural Background j
Because NRC considers this action noncontroversial and routine, we are approving it without seeking public comments on proposed amendments. This action will become effective on (60 days after publication in the Federal 6
l
Register). However, if the NRC receives significant adverse comments by (30 days after publication in the Federal Register), then the NRC will publish a
! document that withdraws this action and will address the comments received in response to the requested revisions which have been proposed for approval and I are being concurrently published in the proposed rules section of this Federal Register. Comments will be addressed in the final rule on this proposal. The NRC will not initiate a second comment period on this action.
j Environmental Impact: Categorical Exclusion i
The NRC has determined that this direct final rule is the type of action described as a categorical exclusion in 55 51.22(c)(1) and 51.22(c)(2). j Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule.
J Paperwork Reduction Act Statement for Direct Final Rule This direct final rule does not contain aine( M amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 ,
U.S.C. 3501 et seq.). Existing information collections that have been sere approved by the Office of Management and Budget, approval numberj 3150-0136 and ')b 3150-0021.
4 Public Protection Notification
- The NRC may not conduct or sponsor, and a person is not required to 7
respond to, a collection of information unless it displays a currently valid OMB control number.
Regulatory Analysis This direct final rule deletes-an outdated fifefiripiBJMgappendig Milh3feVioyslMERbed61deletiMfr6mithilCom1(sTMrspulsti6ps state =ent and provides that the NRC may use discretion regarding the submittal of a written response from a licensee if the WRC believes that the licensee or other person has already adequately addressed all the issues contained in a notice of violation. Deleting the outdated-st+th [egfri(45 will have no impact on licensees, the NRC, or the public. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burdens )
of preparing unnecessary reports by licensees and of reviewing these. reports by the NRC without compromising the public health and safety. However, it is impossible to quantify the amount of reduction in burden because the number of !
discretions to be authorized cannot be estimated. Therefore, the burden under the direct final rule would be at most equal, but probably less than, the l i
burden under the existing regulations. This constitutes the regulatory i analysis for the direct final rule. l I
l Backfit Analysis l l
The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this rule, because these amendments do not involve any provisions j that would impose backfits as defined in 10 CFR 50.109(a)(1). Therefore, a !
8 i
v J
.backfit analysis is not required for this direct final rule.
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 51 Administrative practice and procedure, Environmental Impact statement, Nuclear power plants and reactors, Reporting and recordkeeping requ rements.
For 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 and 51.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
- 1. The authority citation for part 2 is revised 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.
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.Section 2.101 also issued under secs; 53, 62, 63, 81, 103, 104, 105, 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 I
- amended (42 U.S.C.10134(f)); sec.102, Pub. L.91-190, 83 Stat. 853, as j amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C'. 5871). Sections l l
- 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132,-2133, 2134, 2135, 2233, 2239). Section _2.105 also issued under Pub. L.97-415, 96 l 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).-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 y 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).
Subpart L also issued under 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). Appendix B also issued under sec.10, Pub. L.99-240, 99 Stat.1842
' (42 U.S.C. 2021b et seq.).
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- 2. Section 2.8 is revised to read as follows:
1 2.8 Information collection requirements: OMB approval.
This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
- 3. In i 2.201, paragraph (a) is revised to read as follows:
1 2.201 Notice of violation.
(a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a separate notice may be omitted if an order pursuant to i 2.202 or demand for information pursuant to i 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged violation and may require that the licensee or other person submit, within 20 days of the date of the notice or other specified time, a written explanation or statement in reply if the Commission believes that the licensee has not already addressed all the issues contained in the notice of violation, ir.cluding:
(1) Corrective steps which have been taken by the licensee or other person and the results achieved; (2) Corrective steps which will be taken; and (3) The date when full compliance will be achieved.
12
'i PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS F0E DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 4. 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.
i 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title l
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, 51.80, and 51.97 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. ,
l
~L . 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). Section 51.22 I 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)).
- 5. In 5 51.10, paragraph (d) is revised to read as follows: 1 1
5 51.10 Purpose and scope of subpart: Applications of regulations of Council on Environmental Quality 13 i I
d (d) Commission acticns initiating or relating to administrative or 4 judicial civil or criminal enforcement actions or proceedings are not subject to Section 102(2) of NEPA. These actions include issuance of notices of violation, orders, and denials of requests for action pursuant to Subpart B of Part 2 of this chapter; matters covered by Part 15 and Part 160 of this chapter; and issuance of confirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance.
I Dated at Rockville, Maryland, this day of , 1996.
1 For the Nuclear Regulatory Commission.
1 1
4 James M. Taylor, l Executive Director for Operations.
I RECORD NOTE: A copy of the Direct Final Rule and Proposed Rule I was sent to 0IG for information on .
t DOCUMENT NAME: 0:\AU\P2MINCHG.F10 *See previous concurrences '
OFFICE DRA:RDB* DRA:RDB* D:DRA D:NMSS D:NRR
- NAME
- MAu/ayw TMartin BMorris CPaperiello WRussell
. DATE:---
03/07/96 03/14/96 / /96
/ /96 / /96 summmmmmmummanzsmensmansname = = mamesmammaammesuassummassmann 0FFICE D:0E ADM OGC D:IRM D:RES EDO NAME: JLieberman DMeyer W0lmstead GCanford DMorrison JTaylor DATE: / /96 / /96 / /96 / /96 / /96 / /96 14
i 0FFICIAL RECORD COPY RES FILE CODE:
i i
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- .. .. - .. . - . . - - . ~ - , - -.-
.(d)' Commission actions initiating or relating to administrative or judicial civil or criminal enforcement actions or proceedings are not subject to Section 102(2) of.NEPA. These actions include issuance of notices of violation, orders, and denials of requests for action pursuant to Subpart B of Part 2.of this chapter; matters' covered by Part'15 and Part 160 of this chapter; and issuance of confirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance.
Dated at Rockville, Maryland, this day of , 1996.
For the Nuclear Regulatory Commission.
James M. Taylor, Executive Director for Operations.
1 13 l
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION
~10 CFR Parts 2 and 51 RIN 3150-AF43 Deletion of Outdated References and Minor Cnange AGENCY: Nuclear Regulatory Commission.-
d ACTION: Direct final rule. j pcy (
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SUMMARY
- The Nuclear Regulatory Commission (NRC) is amend ng its regulations to delete att ce 4 references to Appendix C to 10 CFR Part 2. Appendix C M[nremovedfromtheCodeof
)
, g ph 4 mum f pt 3 *;u"l "
This direct final Federal Regulations because it B a Policy Statement, not a regulation, p4 4
rule also provides that the NRC.may use discretion-a&4e when determining whether to require c {'l(1 1
j '
a written explanation or statement in reply to a notice of violation. #When the NRC od" y' lib,.
believes that the licensee or other person who receiveds the notice of violation has already adequately addressed all the issues contained in that notice, at the discretion of the NRC, further written responses may not be required.
DATE: This final rule is effective on [ insert date 60 days after publication] unless significant adverse comments are received by the NRC. Comments should be submitted by
[ insert date_30 days after publication). If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC. 20555-0001. ATTN: Docketing and Service Branch.
' Hand deliver comments to: 11555 Rockville Pike. Rockvilie. MD. between 7:4530 am and 9
4:15 pm Federal workdaysi
.For information on submitting comments electronically, see the discussion under Electronic Access in the Supplementary Information_Section.
Copies of comments received may be examined or copies for a fee, at the NRC Public Document Room, 2120 L Street NW. (Lower Level) Washington, DC.
L FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S.
Nuclear Regulatory Commission. Washington, DC 20555-0001, telephone (301) 415-6181. E-Mail:
INTERNET:MLA@NRC. GOV, SUPPLEMENTARY INFORMATION:
Background
The NRC has removed Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380: June 30. 1995) inasmuch as the Enforcement Policy is a Policy Statement, not a regulation. The enforcement policy,
" General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy," was published as a Policy Statement on June 30, 1995 (60 FR 34381). It was also published as NUREG-1600 in g 1995 1 khere are two sections (10 CFR 2.8(b) and 51.10(d)) in the Commission's regulations that still reference Appendix C to Part 2. This rulemaking deletes both outdated references.4 This rulemaking also amends S 2.201. " Notice of Violation " to provide that the NRC may use discretion-as- 4 when determining whether to require a written explanation or statement _in reply to'a notice of violation. 44When the NRC believes that the licensee or other person who received the notice of violation has already adequately addressed all the issues conta_ined in that notice, further written responses may not be required.
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l Discussion
- 1]kh if l'Ndubd Nft tew f . &ni6i ( ;b N ffR ks r* L Section 2 8 Information collection reouirements: DMB aooroval. i Section 2.8(a) currently states that the Office of Management and Budget (OMB) has approved the information collection requirements contained in Part 2. Section 2.8(b) states that the approved information collection requiremnts appear in Appendix C to 10 CFR Part 2.' Because Appendix C has been removed from Part 2. there are no longer any information collection requirements in this part, Thus. S 2.8 is amended to state that there are no information collection requirements contained in this part. It should be noted
' that any burden for the information collections related to enforcement actions is currently associated with the policy statement (June 3. 1995; 60 FR 34380). rather than with Part 2.
5%[u'm f6!? % . f- (r % r og ch w h k & $'***'ss e n 8 y s u f l Nskit p':.tfb% lybwT?S to Af y [ O /Cbu l We/b/lch Section 2.201 Notice of violation, Section 2.201(a) states that, in response to a notice of violation, a licensee or other person subject to the jurisdiction of the Commission to whom a notice of violation has i patoute n beensentwillberequiredtosubmitawrittenjstatementinreply,includingcorrective steps that have been taken, and the date when full compliance will be achieved. However, when a' licensee or other person has already adequately addressed i" -"4ng the issues I
contained in the notice of violation in writing, the licensee or other person has already. l l
in effect, responded to the violation and a further written statement may be unnecessary.
Te cM fy t"1s pos!!ie", paragraph (a)Therefore. S 2.201(a) is amended to replace the j existing phrase "will require" with "may require." This change grants the NRC discretion-pffoai;& Ci enwhen determining whether to require the submittal of a written statement 44when the NRC 3
l believes that-4he a licensee or other person has already adequately addressed all the issues ;
i contained in that notice of violation. l
Section 51.10' Puroose and scooe of suboart: aonlication of reaulations of Council on
[nyironmental Ouality.
[1 Section 51.10(d) currently states, "These actions include issuance of notices, ff( orders, and denials of requests for action pursuant to Subpart B of Part 2 of this chapter, matters covered by Part 15 and Part 160 of this chapter, and any other matters covered by Appendix C to Part 2 of this chapter." Because Appendix C to 10 CFR Part 2 has been deleted, this sentence is incorrect. Thus. S 51.10(d) is amended by deleting the reference to Appendix C to 10 CFR Part 2. Imtead, eEnforcement-related actions identified in the former Appendix C to 10 CFR Part 2 will be addedr as examples to the list of actions in S 51.10(d). 4 l
Electronic Access l I
l Coments may be submitted electronically, in either ASCII text or Wordperfect format (version 5,1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The i
bulletin board may be accessed using a personal computer, a modem, and one of the commonly )
available communications software packages, or directly via Internet, j I
If using a personal computer and modem, the NRC rulemaking subsystem on FedWocid can l be accessed directly by dialing the toll free number 1-800-303-9672. Communication software l parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC NUREGs and RegGuides for Comment subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld, consult the
" Help /Information Center" from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and data bases also have a
" Help /Information Center" option that is tailored to the particular subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for
- . . , - -. . - - - _ ~ . . . . . . . ~ . .
o the main FedWorld BBS. 703-321-3339~ or by using'Telnet via Internet: fedworld. gov. If l
using 703;321-3339 to' contact FedWorld, the NRC subsystom will be accessed from the main FedW'orld menu by selecting the " Regulatory. Government Administration and ftate Systems'."
~t hen selecting " Regulatory Information Mall " At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Comission" that will take you to.the NRC Online main
! menu, The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld-command line, if you access NRC from E'
FedWorld's main menu.'you'may return to FedWorld by selecting the " Return to'FedWorld"
) ' option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll free number, you will have full access to all NRC systems but you will not have access to the main FedWorld system.
If you contact FedWorld using Telnet, you will see'the NRC area and menus, including the Rules menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld usina FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look).~ An index file i
listing all files within a subdirectory, with descriptions, is included. There is a 15-minute limit for FTP access.
Although FedWorld can be accessed through the World Wide Web. like FTP. that mode only p'rovides access for downloading files and does not display the NRC Rules Menu.
For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555, telephone (301) 415-5780:
e-mail AXD3@nrc. gov.
Procedural Bad ground Because NRC considers this action noncontroversial and routine. we are approving it
~. - -. --. . . = -. ~
-without seeking public comment's on proposed amendments. This action will become effective on (60 days af ter publication in_ the Federal Register), However, if the NRC receives sigriificant adverse comments by (30 days after publication in the Federal Register), then' the NRC will publish a document that withdraws this action and will address the comments received in response to the requested revisions which have been proposed for approval and are being concurrently published in the proposed rules section of this Federal Register.
Coments will.be addressed in'the-final rule on this proposal. The NRC will not initiate a second comment period on this action.
Environmental Impact: Categorical Exclusion The NRC has determined that this direct final rule is,the type of action described as
-a categorical exclusion in SS 51.22(c)(1) and 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule.
Paperwork Reduction Act Statement for Direct Final Rule
, ppu cnw wd&{I This direct final rule does not contains-no information collection requirementM th^ e r^re M not subject to the requ'rer^"ts ^#
the Paperwork Reduction Act of 1995 (44 i.u e A U.S.C. 3501 et seq.). Existing information collections that have been approved by the Office of Management and Budget, approval number 3150-0136. have be^^ t~nsf^" red te the pcHcy 'tatsent- and 3150-0021.
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a
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' collection of information i unless'it displays'a currently valid OMB con' trol number.'
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yW Nf,La N' This direct final rule deletes att outdated tetement and provides that the NRC may
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use discretion regarding the submittal of a written response from a licensee if the NRC believes that the licensee or other person has already adequately addressed all the issues q <u contained in a notice of violation. Deleting the outdated srtatement will have no impact on licensees, the NRC. or the pubile. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burdens of preparing unnecessary reports by licensees and of reviewing these reports by the NRC without compromising the public health and safety.
However, it is impossible tc quantify the amount of reduction in burden hacause the number of discretiors to be authorized cannot be estimated. Therefore, the burden under the direct final rule would be at most equal, but probably less than. the burden under the existing regulations. Rased e^ the above discuzien, the "RC conclude" that the
- rect "na! rule thould be prem"lgated.This constitutes the regulatory analysis for the direct final rule. l 1
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l Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this rule, and t'^refore a "c"" analysis M not requ' red because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).
Therefore, a backfit analysis is not required for this direct final rule.
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 51-Administrative practice and procedure. Environmental Impact statement. Nuclear power plants and reactors. Reporting and recordkeeping requirements.
For 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 and 51.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
- 1. The autt ority citation for part 2 conti"ecis revised 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.
Section 2.101 also-issued under secs. 53, 62. 63. 81. 103, 104. 105, 68 Stat. 930.
932. 933. 936. 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. 10134(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.- 105, 183. 189. 68 Stat. 936. 937. 938. 954. 955, as amended (42 U.S.C. 2132. 2133.
'2134. 2135, 2233. 2239). Section 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); i
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sec. 206, 88 Stat 1246 (42 U.S.C. 5846). 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 1
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 l(42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 l l
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). Subpart L also issued under sec. 189. 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec.'6, Pub. L.91-560 '84 Stat. 1473 (12 U.S.C. 2135). Appendix B also issued under sec. 10. Pub.
1 L.99-240.,99 Stat. 1842 (42 U.S.C. 2021b et seq.). )
- 2. Section 2.8 is revised to read as follows:
6 2.8 information collection reauirements OMB aooroval.
This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
- 3. In Sections 2.201, paragraph (a) is revised to read as follows:
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S 2.201 Notice of violation.
(a)'In response to an alleged violation of any provision of the Act or this chapter -
or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation: a separate notice may be omitted if an order pursuant to S 2.202 or demand for information pursuant to S 2.204 is issued that otherwise identifies the l apparent violation. The notice of violation will concisely state the alleged violation and may require that the licensee or other person submit, within 20 days of the date of the i
notice or other specified time, a written explanation or statement in reply if the Commission believes that the licensee has not already addressed all the issues contained in the notice of violation. including:
(1) Corrective steps which have been taken by the licensee or other person and the results achieved:
(2) Corrective steps which will be taken; and (3) The date when full compliance will be achieved.
4 PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND
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RELATED REGULATORY FUNCTIONS
'4,.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,5;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. 51.80. 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)). )
- 5. In -Sest4mS 51.10. paragraph (d) is revised to read as follows:
)
6 51.10-Purnose and scone of suboart: Aoolications of reaulations of Council on j Environmontal Ouality i
l (d) Commission actions initiating or relating to administrative or judicial civil or l criminal enforcement actions.or proceedings are not subject to Section 102(2) of NEPA.
j .. Thbse actions include issuance of notices cf violation, orders, and denials of requests for )
I action pursuant to Subpart B of Part 2 of this chapter: matters covered by Part 15 and Part
- 160 of this chapter; and issuance of confirmatory action letters. bulletins, generic
letters, notices of deviation, and notices of nonconformance.
Dated at Rockville Maryland, this day of . 1996.
For the Nuclear Regulatory Commission.
James M. Taylor.
Executive Director for Operations.
RECORD NOTE: A copy of the Direct Final Rule and Proposed Rule was sent to OIG for information on DOCUMENT NAME: 0:\AU\P2HINCHG.F10 *See previous concurrences l OFFICE- DRA:RDB* DRA:RDB* D:DRA D:NMSS D:NRR i l
NAME: MAu/ayw TMartin BMorris CPaperiello WRussell DATE: 03/07/96 03/14/96 / ~/96 / /96 / /96 OFFICE D:0E ADM OGC D:IRH D:RES EDO
'NAME: JLieberman DMeyer W01mstead GCanford DMorrison JTaylor DATE: / /96 / /96 / /96 / /96 / /96 / /96 I
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0FFICIAL RECORD COPY RES FILE CODE:
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I (d) Commission actions initiating or relating to administrative or judicial civil or
- criminal enforcement actions or proceedings are not subject to Section 102(2) of NEPA.
These actions include issuance of notices of violation, orders, and denials of requests for i action pursuant to Subpart B of Part 2 of this chapter; matters covered by Part 15 and Part i 160 of this chapter: and issuance of confirmatory action letters, bulletins, generic letters, notices of deviation, ano ovvices of nonconformance.
Dated at Rockville, Maryland. this day of . 1996.
For the Nuclear Regulatory Commission.
I James M. Taylor. 1 Executive Director for Operations.
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