ML20128N955
| ML20128N955 | |
| Person / Time | |
|---|---|
| Issue date: | 06/03/1996 |
| From: | Lieberman J NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Morris B NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20128N048 | List:
|
| References | |
| FRN-61FR43406, FRN-61FR43409, RULE-PR-2, RULE-PR-51 AF43-2-036, AF43-2-36, NUDOCS 9610170082 | |
| Download: ML20128N955 (2) | |
Text
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- ""'% cc: Martin O t UNITED STATES 'iori an l j
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C NUCLEAR REGULATORY COMMISSION WASHINGTON D.C. 20555 4001 e
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- June 3, 1996
.i l MEMORANDUM T0: Bill M. Morris, Director, ~
Division of Regulatory Applications, RES - -
. JROM:
~
James.Lieberman,Directojr W --
l Office of Enforcement (I 1 l
SUBJECT:
ADDITIONAL CHANGE IN PART 2 DIRECT RULEMAKING As Geoffrey Cant of my staff has informally advised your staff, I have identified a further change that is needed to 10 CFR 2.201. This change will permit full evaluation of a licensee's or other person's position in response to a Notice of Violation if the response denies any violation. The change conforms the rule to current practice, as without knowing the reasons for the denial, the agency would not have an adequate basis to decide if a Notice should be modified. This change meets the criteria for a direct rulemaking and its inclusion in this action will not significantly delay issuance of the rulemaking.
Attachment:
As stated cc: H. Thompson, Jr., DEDS 9610170082 961009 #
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4 Attachment
[ ADDITIONAL CHANGES TO PART 2 DIRECT RULEMAKING l
- 1. In the Summary add:
} The final rule also provides that a licensee responding to ti Notice 6h Violation must state the reasons for denying a violation as well as when 1 admitting the violation.-
- 2. Following the discussion for section 2.201(a) add the following paragraph:-
Section 2.201(b) states that the Notice may require the licensee or 4 other person subject to the jurisdiction of the Commission to admit or deny the violation,'and to-state the reasons for the violation, if it is
' admitted. However, to properly evaluate the licensee's position and to
- decide whether the Notice of Violation should be withdrawn or modified, it is necessary to understand the basis on which the licensee denies the violation. Therefore, it is appropriate to require the licensee or other person to state the reasons for denying the violation. This i change establishes-that requirement.
- 3. In action statement 3, regarding Section 2.201, delete ", paragraph (a)"
. so it will read: "Section 2.201 is revised to read as follows:"
- 4. Insert the text of 2.201(b) and modify it to read as follows:
(b) The notice may require the licensee or other person subject to the jurisdiction of the Commission to admit or deny tho violation and to i state the reasons for admitting or denying the vioiation. It may provide. . .(balance as at present].
- 5. Modify the Regulatory Analysis as appropriate.
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From: Geoffrey Cant To: MLA ,
Date: 4/25/9611:38am .
Subject:
Pts 2/51 rule - ,
Jim indicated this moming that there is another related change to 2.201 that he wishes to make in this direct rulemaking.' I will draft the language when I get a chance, but that will be"a few days, probably.,
Geoff CC: . JRG g4(A e a T -g,
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From: .Geoffrey Cant
.To ' WND1.WNP2 (SAT) , WND1.WNP7 (SXB) , WND2.WNP6 (JXL) , TW...
Date: ' 7/15/96 4:29pm
Subject:
' Parts 2 & 51 Direct Final Rule -Reply
-Due to a conflict in Stun Treby's schedule, the meeting for the subject f rulemaking is rescheduled for 4:30 P.M. at Stu Treby's office. ,- l
)
Mark Au !
sese<<<<<<<<<<<
'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. l l
Thank you for your cooperation.
l
.CC ' TWD2.TWP9 (PEN) , WND1.WNP2 (MES) , JXL, JRG J
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= .e W O PROPOSED RULEMAKING 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 Change l
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations to delete all references to Appendix C, of 10 CFR Part 2. Appendix C " General Statement of Policy and Procedures for Enforcement Actions," was removed from _;
the Code of Federal Regulations because it is a Policy Statement, not a regulation, and the enforcement policy was published as a Policy Statement on )
June 30, 1995. This proposed 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 )I discretion of the NRC, further written responses may not be required. ]
DATE: Comments on the proposed rule must be received on or before (30 days after publication in the Federal Register). i ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory {
l Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch. j
Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, between 7:30'am and 4:15 pm Federal workdvl5.
For information on submitting comments electronically, see the discussionunderElectronicAccessintheSupplementaryInformationSection{.
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 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:MLA0NRC.G0V.
SUPPLEMENTARY INFORMATION:
For additional information see the Direct Final Rule published in the rules section of this Federal Register.
Procedural Background Because NRC considers this action noncontroversial and routine, we are publishing this proposed rule concurrently as a Direct Final Rule in the final rule section of this Federal Register. The Direct Final Rule will become effective on (60 days after publication in the Federal Register). However, if the NRC receives significant adverse comments on the Direct final Rule by (30 days after publication in the Federal Register), then the NRC will publish a document that withdraws the Direct Final Rule. If the Direct Final Rule is withdrawn, the NRC will address in a Final Rule the comments received in
- response to the proposed revisions. Absent significant modifications to the 2
proposed revisions requiring republication, the NRC 'will'not initiate a second' l coment period on this action in the event the~ Direct Final Rule is withdrawn.
't _
Electronic Access
[ Coments may be submitted electronically, in either ASCII text or i
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 j ; personal computer, a modem, and one of the commonly available comunications j software packages, or directly via Internet.
4
); If using a personal computer and modem, the NRC rulemaking subsystem on 1
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 1 (N,8,1). Using ANSI or VT-100 l
! _ terminal emulation, the NRC NUREGs and RegGuides for Comment subsystem can q- then be accessed by selecting the " Rules Menu" option from the "NRC Main t'
[ Menu." For further information about options available for NRC at FedWorld, 4 consult the " Help /Information Center" from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC i
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 3
- m. , + ,
l
" 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 ,
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 'i FedWorld's main menu, you may return to FedWorld by selecting the " Return o 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 4
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 file's 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.
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List of Subjects INCFRPart2' Administrative practice and procedure, Antitrust, Byproduct material,f r
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.
1 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 it 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.
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, 5
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, a>' 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); 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 sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) a 1 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 8 also issued under sec.10, Pub. L.99-240, 99 Stat.1842 (42 U.S.C. 2021b'et seq.).
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d PART SI--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING
[ . AND RELATED REGULATORY FUNCTIONS 4
- 4. TheauthoritycitationforPart51continuestoreadasfollows:r;~
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 i-l ' 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. J 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title
. 1 II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 !
2 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued V
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 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. s i Dated at Rockville, Maryland, this day of , 1996. For the Nuclear Regulatory Commission. N James M. Taylor, Executive Director for Operations. 4 , 7
4 f Attachment 2 Daily Staff Notes Item 1 1 I
DAILY STAFF NOTES 0FFICE OF NUCLEAR REGULATORY RESEARCH l
; Final Rule Sianed b_v EDO [-
On , 1996, the Executive Director _for Operations approved . an administrative direct final rule that amends the regulations to delete all references to Appendix C of 10 CFR Part 2, " Deletion of Outdated References and Minor Changes." The regulations contained outdated references to an appendix which previously was deleted from the Commission regulations and provides that the NRC may use discretion regarding submittal of a written response from a licensee, if the NRC believes that the licensee or other s person has already adequately addressed all the issues contained in a notice of violation. Deleting the outdated references will have no impact on licens-ees, the NRC, or the public. The NRC's discretion on requiring reports
- responding to a notice of violation will reduce the burden of preparing unnecessary reports by licensees and of reviewing these reports by the NRC without compromising the public health and safety.
j This notice informs the Commission that, in accordance with the rulemaking authority delegated to the EDO, the EDO has signed this final rule and 4 proposes to forward it on to the Office of the Federal Register for publication, unless otherwise directed by the Commission. c 4 A 4 I t 4
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1 r 4 m l l j e 4 Attachment 3 Approved for Publication
Approved For Publication The Commission delegated to the EDO (10 CFR.I.31(c)) the authority to develop
. and promulgate rules as defined in the APA (5 U.S.C. 551 (4)) subject to the ; limitations'in NRC Management Directive 9.17, Organization and Functions, , , . ; Office of the Executive Director.for Operations, paragraphs 0213,.038, 039,r
- and 0310. ,
The enclosed rule,' entitled " Deletion of Outdated References and Minor Change," will amend Parts 2 and 51 removing outdated references because Appendix C " General Statement of Policy.and Procedures for Enforcement Action" i was removed from-the Code of Federal Regulations because it is a Policy 4 Statement, not a regulation. The rule also provides that the NRC may use
. discretion regarding 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 contained in the notice of violation.
l l This final rule does not constitute a significant' question of policy, nor does it-amend regulations contained in 10 CFR Parts 7, 8, or 9 Subpart C concerning matters of policy. I, therefore, find that this rule is within the scope of j my rulemaking authority and am proceeding to issue it. i Date James M. Taylor Executive Director for Operations e i s 9
(* . i + . , f
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i , Attachment 4 Small Business Regulatory Enforcement Fairness Act 'of 1996 i Congressional Review Letters I i a 4 4 S 4}}