ML20128P128

Proposed Rules 10CFR2 & 51, Deletion of Outdated Refs & Minor Change

ML20128P128
Person / Time
Issue date:	08/08/1996
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
Shared Package
ML20128N048	List: ML20128N043 ML20128N059 ML20128N095 ML20128N184 ML20128N220 ML20128N266 ML20128N312 ML20128N323 ML20128N336 ML20128N357 ML20128N391 ML20128N427 ML20128N505 ML20128N569 ML20128N580 ML20128N677 ML20128N689 ML20128N698 ML20128N705 ML20128N713 ML20128N729 ML20128N742 ML20128N765 ML20128N781 ML20128N874 ML20128N898 ML20128N955 ML20128P015 ML20128P087 ML20128P096 ML20128P128 ML20128Q192 ML20128Q203 ML20128Q264
References
FRN-61FR43406, FRN-61FR43409, RULE-PR-2, RULE-PR-51 AF43-2-040, AF43-2-40, PR-960808, NUDOCS 9610170148
Download: ML20128P128 (10)

Text

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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 51 RIN 3150-AF43 Deletion of Outdated References and Minor Change AGENCY: Nuclear Regulatory Commission.

ACTION:

Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations 1

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

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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:

Comments on the proposed rule must be received on or before (30 days after publication in the Federal Register).

ADDRESSES: Mail written comments to:

Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch.

I 9610170148 961009 9

l PDR PR 2.61FR43406 PDR vr

Hand deliver comments to:

11555 Rockville Pike, Rockville, MD, between 7:30 am and 4:15 pm Federal workdays.

1 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 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:MLA9NRC.G0V.

SUPPLEMENTARY INFORMATION:

For additional information see the Direct Final Rule published in the i

rules section of this Federal Register.

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Procedural Background 4

Because NRC considers this action noncontroversial and routine, we are f

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 i

response to the proposed revisions. Absent significant modifications to the 2

proposed revisions requiring republication, the NRC will not initiate a second comment period on this action in the event the Direct Final Rule is withdrawn.

Electronic Access 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 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 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

._ ~-

" 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 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 f!RC 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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f list o'f Subjects 10 CFR Part 2 i

Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants'and rer.ctors, Penalties, Sex discrimination, Source material, Special nuclear material. Waste treatment and disposal.

- 10 CFR-Part 51 Administrative practice and procedure, Environmental Impact statement, q

Nuclear power plants and reactors, Reporting and recordkeeping requirements.

3 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 T

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, i

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2093, 2111, 2133, 2134, 2135); sec. Il4(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,

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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 l.

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 i

sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552.

L 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

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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).

i 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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f PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING

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AND RELATED REGULATORY FUNCTIONS 1

4.

The authority citation for Part 51 continues to read as follows:

i AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 170'1, luo st'at.

i 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 i

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 4

I 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 l

Waste Policy Act of 1982, sec ll4(f), 96 Stat. 2216, as amended (42 U.S.C.

10134(f)).

Dated at Rockville, Maryland, this 8

dayofd27,ust '

, 1996.

47 For the Nuclear Regulatory Commiss, ion.

4 Jamjs)M. Taylor, O

Executive Director for Operations.

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APPROVAL FOR PUBL CATION f

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i-Approved For Publication The Commission delegated to the EDO (10 CFR 1.31(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, and 0310.

The caelosed rule, entitled " Deletion oh 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" was removed from the Code of Federal Regulations because it is a Policy 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.

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 my rulemaking authority and am proceeding to issue it.

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ATTACHMENT 3 CONGRESSIONAL REVIEW LETTERS 4

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WASHINGTON, D.C, 20555-0001 49 i

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s Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 441 G Street, NW Washington, DC 20548

Dear Mr. Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule that deletes 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 25, 1995. This 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 a other person who receives the notice o r 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. The NRC's discretion on requiring reports responding to a notice of i

violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.

804(2). We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendmen't whick bu no economic impact on NRC licensees or the public.

This final rule is scheduled to become effective 60 days after publication in the Federal i

Reg i s t_er.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule m

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i Mr. Robert P. Murphy General Counsel General Accounting Office Roem 7175 441 G Street, NW.

Washington, DC 20548 1

Dear Mr. Murphy:

' Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule that deletes all references to Appendix C, of 10 CFR 1

Part 2.

Appendix C " General Statement of Policy and Procedures for Enforcement Actions," was removed from the Code of Federal Regulations because j

it is a Policy Statement, not a regulation, and the enforcement policy was published as a Policy Statement on June 25, 1995.

This 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 1

violation has already adequately addressed all the issues contained in that i

notice, at the discretion of the NRC, further written responses may not be required.

The NRC's discretion on requiring reports responding to a notice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.

804(2). We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public.

This final rule is scheduled to become effective 60 days after publication in the Federal Register.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule DISTRIBUTION:

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UNITED STATES E

j NUCLEAR REGULATORY COMMISSION t

WASHINGTON, D.C. 2055M21 o

.....g Th5 Honorable Newt Gingrich Speaker of the United States House of Representatives. _

Washington, DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is

. submitting a final rule that deletes 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 25, 1995.

This 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.

The NRC's discretion on requiring reports responding to a notice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.

804(2).

We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public.

This final rule is scheduled to become effective 60 days after publication in the Federal Register.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule

The lionorable Newt Gingrich Speaker of the United States flouse of Representatives Washington, DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule that deletes 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 25, 1995. This 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. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.

804(2).

We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or :.he public.

This final rule is scheduled to become effective 60 days after publication in the Federal Register.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule DISTRIBUTION:

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UNITED STATES 4

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NUCLEAR REGULATORY COMMISSION t

WASHINGTON, D.C. 20555-0001

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TI,v *lonorable Al Gore President of the United States Senate Washington, DC 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness

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Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule that deletes 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 25, 1995.

This 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 cor,iained in that notice, at the discretion of the NRC, further written responses may not be required. The NRC's discretion on requiring reports responding to a natice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.

804(2). We have confirmed this determination with the Office of Management and Budget.

Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public. This final rule is scheduled to become effective 60 days after publication in the Federal i

Register.

Sincerely, Dennis K. Rathbun, Director l

Office of Congressional Affairs

Enclosure:

Final Rule

The Honorable Al Gore President of the United States Senate Washington, DC 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC),is submitting a final rule that deletes 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 25, 1995. This final rule also J

- Povides 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. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.

804(2).

We have confirmed this determination with the Office of Management I

and Budget.

Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public.

This final rule is scheduled to become effective 60 days after publication in the Federal Register.

Sincerely, l

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

Final Rule l

DISTRIBUTION:

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$F43r PDR. h August 2, 1996 AGENCY:

Nuclear Regulatory Commission -

TITLE OF ACTION:

DELETION OF OUTDATED REFERENCES AND MINOR CHANGE LEVEL OF SIGNIFICANCE:

Not a major rule UPCOMING ACTION:

3150-AF43 ESTIMATED DATE OF ISSUANCE:

August 1996 STATUTORY OF JUDICIAL DEADLINE:

None DESCRIPTION OF ACTION:

The final rule will delete all references to Appendix C, of 10 CFR Part 2, because Appendix C is a Policy Statement and is not a regulation.

This 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

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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.

The NRC did not prep

^.e a regulatory analysis, because deleting the outdated references and allowit.g NRC to use discretion regarding the need for a written explanation or statement will have no economic impact on the licensees, the NRC, or the public.

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Part lil j

i Nuclear Regulatory Commission 10 CFR Parts 2 and 51 Domestic Licensing: Technical i

Amendments; Final Rule and Proposed i

Rule J

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l 43406 Federal Register / Vol. 61, No.104 / Thursday, August 22, 1996 / Rules and Regulations NUCLEAR REGULATORY SUPPLEMENTARY INFORMATION:

2 of this chapter, matters covered by.

COMMISSION Backgroun<l Part 15 and Part 160 of this chapter, and any other matters covered by Appendix 10 CFR Parts 2 and St The NRC has removed Appendix C, C to Part 2 of this chapter." Because "Ceneral Statement of Policy and Appendix C to 10 CFR Part 2 has been Procedures for NRC Enforcement deleted, this sentence is incorrect. Thus,

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Actions," from 10 CFR Part 2 (60 FR

$ 51.10(d)is amended by deleting the Deletion cf Outdated References and 04380; June 30,1995) inasmuch as the reference to Appendix C to 10 CFR Part

Minor Change Enforcement Policy is a Pohcy

2. Enforcement related actions Statement, not a regulation. The identified in the former A ndix C to

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, AGENCY: Nuclear Regulatory enforcement policy, " General Statement to CFR Part 2 will be adde s examples I

~ Commission.

of Pohey and Procedures for NRC to the list of actions in $ 51.10(d).

Enforcement Actions-Enforcement

. ACTION: Direct final rule.

,_ Policy," was published as a Policy Ih Grant of Discretion to Commission Statement on June 30,1995 (60 FR To Require a Written Explanation in

SUMMARY

The Nuclear Regulatory 34381). It was also ublished as Reply to a Notice of Violation Commission (NRC)is amending its NUREG1600 in jufy 1995. Them are Section 2.201 Notice of Violation

regulitions to delete all references to two sections (10 CFR 2.8(b) and

Appendix C, of to CFR Part 2.

51.10(d)) in the Commission's Section 2.201(a) states that,in

Appendix C "Ceneral Statement of regulations that still reference Appendix response to a notice of violation, a Pohey and Procedures for Enforcement C to Part 2. This rulemaking deletes licensee or other person subject to the j

Action 2." was removed from the Code of both outdated references.

jurisdiction of the Commission to whom

. Fediral Regulations because it is a This rulemaking also amends $ 2.201, a notice of violation has been sent will Policy St:timent, not a regulation, and

" Notice of Violation," to provide that be required to submit a written

- tha enforcement policy was published the NRC may use discretion when statement in reply, including corrective

- ts a Policy Statement on June 30,1995.

determining whether to require a steps that have been taken, and the date

, This direct final rule also provides that written explanation or statement in when full compliance will be achieved.

ths NRC may use discretion when reply to a notice of violation. When the However, when a licensee or other j

detrrmining whether to require a NRC believes that the licensee or other Person has already adequately writt:n explanation or statement in person who received the notice of addressed the issues contained in the reply to e notice of violation. When the violation has already adequately notice of violation in writing. the

. NRC bell:ves that the licensee or other addressed all the issues contained in licensee or other person has already,in person who receives the notice of that notice, further written responses effect, responded to the violation and a violation has already adequately may not be required.

further written statement may be addressed all the issues contained in unnecessary. Therefore, $ 2.201(a) is th:1 notics, at the discretion of the NRC, Discussion amended to replace the existing phrase furthIr written responses may not be I. Deletion of Outdated Reference to "will require" with "may require." This required.

Appendix C to 10 CFR Part 2 change grants the NRC discretion when DATES:This final rule is effective on Section 2.8 Information Collection submittal of a wntten explanation or October 21,1996, unless significant Requirements: OMB Appref statement when the NRC believes that a ady rse commenta are received by the NRC Comments should be submitted by Section 2.8(a) currently states that the licensee or other person has already Sept:mber 23,1996. If the effective date Office of Management and Budget adequately addressed all the issues is d: layed, timely notice will be (OMB) has approved the information contained in that notice of violation.

published in the Federal Register.

collection requirements contained in Elek hm Part 2. Section 2.8(b) states that the ADDRESSES: Mail written comments to:

approved information collection Comments may be submitted Secretary, U.S. Nuclear Regulatory requirements appear in Appendix C to electronically,in either ASCII text or Commission, Washington, DC,20555-10 CFR Part 2. Because Appendix C has Wordperfect format (version 5.1 or 0001. A'ITN: Docketing and Service been removed from Part 2, there are no later), by calling the NRC Electronic Br nch.

longer any information collection Bulletin Board (BBS) on FedWorld. The II:.nd deliver comments to: 11555 requirements in this part. Thus, $ 2.8 is bulletin board may be accessed using a Rockvilla Pike, Rockville, MD, between amended to state that there are no personal computer, a modem, and one 7:30 cm end 4:15 pm Federal workdays. Information collection requirements of the commonly available For information on submitting contained in this part. It should be communications software packages, or comm:nts electronically, see the noted that any burden for the directly via Internet.

discussion under Electronic Access in information collections related to if using a personal computer and tha Suppl;mentary Information Section. enforcement actions is currently modem, the NRC rulemaking subsystem Copila of comments received may be associated with the policy statement on FedWorld can be accessed directly sxamined or copies for a fee, at the NRC (June 30,1995; 60 FR 34380), rather by dialing the toll free number 1-800-than with Part 2.

303-9672. Communication software Public Document Room,2120 L Street E*#"*

• hou set as fol ws NW, (Low;r Level), Washington, DC.

Section 51.10 Purpose and Scope of d

n FOR FURTHER INFORMATION CONTACT: M.L Subpart: Application of Regulations of

[its to 1 (N,8,1). Using ANSI or VT-100 Au, Offica of Nuclear Regulatory Couned on Environmental Quality tenninal emulation, the NRC NUREGs Research, U.S. Nuclear Regulatory Section 51.10(d) currently statea, and RegGuides for Comment subsystem Commission Washington,DC 20555-

"These actions include issuance of can then be accessed by selecting the 0001, telephone (301) 415-6181. E-Mail: notices, orders, and denials of requests

" Rules Menu" option from the "NRC INTERNhT;MLAGNRC.COV.

for action puisuant to Subpart B of Part Main Menu." For further information

0

\\

Federal. Register / Vol. 61, No.164 / Thursday, August 22, 1996 / Rules and Regulations 43407 about options available for NRC at receives significant adverse comments the direct final rule would be at most FedWorld, consult the "lielp/

by Septemt er 23,1996, then the NRC equal, but probably less than, the Information Center" from the "NRC will publish a document that withdraws burden under the existing regulations.

Main Menu." Users will find the this action and will address the This constitutus the regulatory analysis "FedWorld Online User's Guides" comments received in response to the for the direct final rule.

particularly helpful.Many NRC requested revisions which have been subsystems and data bases also have a proposed for approval and are bemg Small Business Regulatory Enforcement gc, "IIalp/Information Center" option that concurrently published in the proposed is tailored to the particular subsystem.

rules section of this Federal Register.

In accordance with the Small The NRC subsystem on FedWorld can Comments will be addressed in the final Business Regulatory Enforcement also be accessed by a direct dial phone rule on this proposal. The NRC will not Fairness Act of 1996, the NRC has number for the main FedWorld BBS, initiate a second comment period on determined that this action is not a 703-321-3339, or by using Telnet via this action.

major rule and has verified this Internet: fedworld. gov. If usin 703-determination with the Office of 321-3339 to contact FedWor!, the NRC Enviro,nmental Impact: Categorical Information and Regulatory Affairs of subsystem will be accessed from the Exclusion OMB.

main FedWorld menu by selecting the The NRC has determined that this

" Regulatory, Government direct final rule is the type of action BacEnt Analysis Administration and State Systems,"

described as a categorical exclusion in The NRC has determined that the then selecting " Regulatory Information SS 51.22(c)(1) and 51.22(c)(2). Therefore, backfit rule,10 CFR 50.109, does not Mall." At that point, a menu will be neither an environmentalimpact apply to this rule, because these.

displayed that has an option "U.S.

statement nor an environmental amendments do not involve any Nuclear Regulatory Commission" that assessment has been prepared for this Provisions that would impose backfits j

will take you to the NRC Online main direct final rule.

as defined in 10 CFR 50.109(a)(1).

menu. The NRC Online area also can be Therefore, a backfit analysis is not acmssed dimctly by t[ ping "/go nic" at Paperwgrk Reduction Act Statement for required for this dire Direct Fmal Rule a FedWorld comraan.ine,if you access NRC from FedWorld's main menu, you This direct final rule does not contain List of Subjects may return to FedWorld by selecting the a new or amended information 10 CFR Part 2

" Return to FedWorld" option from the collection requirement subject to the NRC Online Main Monu. Ilowever, if Paperwork Reduction Act of 1995 (44 Administrative practice and procedure, Antitrust Byproduct you access NRC at FedWorld by using U.S.C. 3501 et seq.). Existmg material, Classified information.

NRC's toll-free number, you will have information collections were approved Environmental protection, Nuclear full access to all NRC systems but you by the Office of Management and will not have access to the main Budget, approval numbers 3150-0136 materials Nuclear power plants and youwift and 3150-0021.

reactors, Penalties, Sex discrimination, FedWorld system.

A Source material, Special nuclear Public Protection Notification material. Waste treatment and disposal.

th R a an n enus, including the Rules menu. Although The NRC may not conduct or sponsor, 10 CFR Part 51 you will be able to download and a persea is not required to respond documents and leave messages, you will to, a collection ofinformation unless it Administrative practice and not be able to write comments or upload displays a currently valid OMB control procedure, Environmental Impact files (comments). If you contact

number, statement, Nuclear power plants and reactors, Reporting and recordkeeping FedWorld using ITP, all files can be Regulatory Analysis requirements.

accessed and downloaded but uploads are not allowed; all you will see is a list This direct final rule deletes outdated For reasons set out in the preamble of files without descriptions (normal references to an appendix which and under the authority of the Atomic Copher look). An index file listing all Previously has been deleted from the Energy Act of 1954, as amended, the files within a subdirectory, with Commission regulations and provides Energy Reorganization Act of 1974 as descriptions, is included. There is a 15 that the NRC may use discretion amended, and 5 U.S.C. 552 and 553, the minute limit for FTP access.

regarding the submittal of a written NRC is adopting the following Although FedWorld can be accessed response from a licensee if the NRC amendments to 10 CFR parts 2 and 51*

through the World Wide Web, like ITP, believes that the licensee or other that mode only provides access for person has already adequately PART 2-RULES OF PRACTICE FOR downloading files and does not display addmssed all the issues contamed in a DOMESTIC LICENSING PROCEEDINGS the NRC Rules Menu.

notice of violation. Deleting the AND ISSUANCE OF ORDERS For more information on NRC bulletin outdated references will have no impact

1. The authority citation for part 2 is boards call Mr. Arthur Davis, Systems on licensees, the NRC, or the public, revised as follows:

Integration and Development Branch, The NRC's discretion on requiring NRC, Washington, DC 20555, telephone reports responding to a notice of Authority: Secs. 161,181,68 Stat. 948, (301) 415-5780; e mail AXD3@ntc. gov.

violation will reduce the burdens of 953, as amended (42 U.S.C 2201,2231); sec.

reparing unnecessary reports by 191, as amended, Pub. L 87-615,76 Stat. 409 Procedural Background ficensees and of reviewing these reports 142 us.C 224th sec. 201,88 Stat.1242, as amen e (42 RSE 5844 5 ESE 552.

Because NRC considers this action by the NRC without compromising the noncontroversial and routine, we are public health and safety. llowever,it is 1N,1 8 S$at. 9 0,932, 62 38 105 approving it without seeking pubhc impossible to quantify the amoui.t of 933,935,936,937,938, as amended (42 comments on proposed amendments, reduction in burden because the number us.C 2073.2092,2093,2111,2133,2134, This action will become effective on of discretions to be authorized cannot be 2135h sec.114(0, Pub. L 97-425,96 Stat.

October 21,199ti, llowever,if the NRC estimated. Therefore, the burden under 2213, as amended (42 (LS.C 10134(0); sec.

l 43408 Federal Register / Vol. 61, No.164 / Thursday, August 22, 1996 / Rules and Regulations 102, Pub. L 91-190,83 Stat. 853, as amended $ 2.201 Notice of violation.

854, as amended (42 U.S.C 4332,4334, (42 U.S.C 4332); sec. 301,68 Stat.1248 (42 (a) In r9sponse to an alleged violation 4335h and Pub. L 95404. Title if,92 Stat.

s U.S.C 5871). Sections 2.102,2.103,2.104, of any punston of the Act or this 3033-3041: and sec.193. Pub. L 101-575, 2.105,2.721 also issued under secs. 102,103' chapter or the conditions of a license or 104 Stat. 2835 (42 U.S.C 2243). Sections 104,105,183,189,68 Stat. 936,937,938, 954,955, as amended (42 U.S.C 2132,2133, an order issued by the Commission, the 51.20,51.30, slm 51.80, and 51.'97 also issued under secs. 135 141* Pub. L 97-425*

2134,2135,2233,2239). Section 2.105 also Commission may serve on thelicensee lssued under Pub. L 97-415,96 Stat. 2073 or other person subject to the M.

S ESE i

(42 U.S.C 2239). Sections 2.200-2.206 also jutt,sdiction of the Commission a written 10155,10161,10168). Section 51.22 also issued under secs.161b, i, o.182,186,234, notice of violation; a separate notice issumt under sec. 274,73 Stat. 688, as 68 St:t,948-951,955,83 Stat. 444. as may he omitted if an order pursuant to amended by 92 Stat. 3GJ6-3038 (42 U.S.C 1

am:nded (42 U.S.C 2201(b).(i),(o),2236

$ 2.202 or demand for information 2021) and under Nuclear Waste Policy Act of 2282h sec. 206,88 Stat.1246 (42 U.S.C pursuant to $ 2.204 is issued that 1982, sec.121,96 Stat. 2228 (42 U.S.C 5840) Sections 2.600-2.606 also a,ssued otherwise identifies the apparent 10141). Sections 51.43,51.67, and 51.109 l.,

1 190 8 Stat. 853,

,"," "j[2 violation. The notice of violation will also under Nuclear Waste Policy Act of1982, g 35 )

2.700a. 2.719 also issued under 5 U.S.C 554.

concisely state the alleged violation and sec.114(f),96 Stat. 2216. as amended (42 q

Sections 2.754,2.760,2.770,2.780 also may require that the licensee or other U.S.C 10134(f)).

issued under 5 U.S.C 557. Section 2.764 also person submit, within 20 days of the tesuad under secs. 135,141, Pub. L 97-425 date of the notice or other specified S. In S 51.10, paragraph (d) is revised 96 Stit. 2232,2241 (42 U.S C 10155,10161).

time, a written explanation or statement to read as follows:

Section 2.790 also issued under sec.103,68 in reply if the Commission believes that

$ 51,10 Purpose and scope of subpart:

St:t. 933, as amended (42 U.S.C 2133) and the licensee has not already addressed Appucations of regulations of councilon i

5 U.S.C 552. Sections 2.800 and 2.808 also

. all the issues contained in the notice of i

issued under 5 U.S.C 553. Section 2.809 also Environmental cuality' violation, including:

issurd under 5 U.S.C 553 and sec. 29. Pub.

(1) Corrective steps which have been L 85-256,71 Stat. 579, as amended (42 taken by the licensee or other person (d) Commission actions ir itiating or a. 9 5 (72 and the results achieved; relating to administrative or judicial S 2 s

8 134, Pub. L 97-425,96 Stat. 2230 (42 U.S.C.

(2) Corrective steps which will be civil or criminal enforcement ections or 10154). Subpart L also issued under sec.189, taken: and proceedings are not subject to Section 68 Stit. 955 (42 U.S.C 2239). Appendix A (3) The date when full compliance 102(2) of NEPA. These actions include s.lso issued under sec. 6, Pub. L 91-560,84 will be achieved.

Issuance of notices of violation, orders, Sttt.1473 (42 U.S.C 2135). Appendix B also and denials of requests for action issued under sec.10, Pub. L 99-240. 99 Stat.

pursuant to subpart B of part 2 of this 1842 (42 U.S.C 2021b et seq.).

PART 51--ENVIRONMENTAL chapter; matters covered by part 15 and

2. Section 2.8 is revised to read as PROTECTION REGULATIONS FOR part 160 of this chapter; and issuance of follows.

DOMESTIC LICENSING AND RELATED confirmatory action letters, bulletins, REGULATORY FUNCTIONS generic letters, notices of deviation, and 8 i son conection requirements:

n tices of n nc nf nnance,

4. The authority citation for Part 51 continues to read as follows:

- Dated at Rockville, Maryland, tbis 8th day This part contains no information collIction requirements and therefore is Authority: Sec. tal,68 Stat. 948, as

. f August,1m not subject to requirements of the

• • 'ad*d 8'C 17 2*206 8'*t.2951,2952, For the Nuclear Regulatory Cormnission.

2953,(42 ES.C 2201,22974 secs. 201, as James M. Taylor, P;perwork Reduction Act (44 U.S.C.

amendd 202,88 Stat.1242, as amended.

3501 et seq.).

1244 (42 U.S.C 5841,5842). Subpart A also Executive Directorfor Operations.

3. In 5 2.201, paragraph (a) is revised issued under National Environmental Policy (FR Doc. 96-21167 Filed B-21-96; 8:45 aml to r:Id as follows:

Act of 1969, secs.102,104,105,83 Stat. 853-BKuNo coot nso-ow I

4 I

-J

Federd Regist:r / Vol. 61. No.164 / Thursday, August 22, 1996 / Proposed Rules 43409 NUCLEAR REGULATORY publishing this proposed rule accessed directly by typing "/go nrc" at COMMISSION concurrently as a Direct Final Rule in a FedWorld command line. If you access the final rule section of this Federal NRC from FedWorld's main menu, you 10 CFR Parts 2 and 51 Register. The Direct Final Rule will may return to FedWorld by selecting the become effective on October 21,1996.

" Return to FedWorld" option from the RW 3t50-AF43 llowever,if the NRC receives significant NRC Online Main Menu. Ilowever, if Deletion of Outdated References and adverse comments on the Direct Final you access NRC at FedWorld by using Minor Change Rule by September 23,1996, then the NRC's toll. free number, you will have NRC will publish a document that full access to all NRC systems but you AGENCY: Nuclear Regulatory withdraws the Direct Final Rule. If the will not have access to the main Commission.

Direct Final Rule is withdrawn, the NRC FedWorld system.

ACTION: Proposed rule.

will address in a Final Rule the If you contact FedWorld using Telnet.

pro s ru A nt fcant y u will see the NRC area and menus, SUmtARY:The Nuclear Regulatory Commission (NRC)is proposing t mo ifications to the pmposed revisions including the Rules menu. Although amend its regulations to delete all requiring republication, the NRC will y u will be able to download references to Appendix C, of to CFR not initiate a second comment period on documents and leave messages, you will Part 2. Appendix C " General Statement this action in the event the Direct Final n t be able to write comments or upload of Policy and Procedures for Rule is withdrawn.

files (comments). If you contact Enforcement Actions," wr. removed FedWorld using FTP, all files can be from the Code of Federal (egulations Electronic Access accessed and downloaded but uploads because it is a Policy Statement, not a Comments may be submitted are not allowed; all you will see is a list regulation, and the enforcement policy electronically,in either ASCII text or of files without descriptions (normal was published as a Policy Statement on Wordperfect format (version 5.1 or GOP er look). An index file listing all h

June 30,1995. This proposed rule also later), by calling the NRC Electronic files within a subdirectory, with pmvides that the NRC may use Bulletin Board (BBS) on FedWorld. The descriptions, is included. There is.a 15-discretion when determining whether to bulletin board may be accessed using a minute limit for FTP access.

require a written explanation or personal computer, a modem, and one Although FedWorld can be accessed statement in reply to a notice of of the commonly available tLrough the Wor!d Wide Web,like FTP, violation. When the NRC believes that communications software packages, or that mode only provides access for the licensee or other person who directly via Internet.

downloading files and does not display receives the notice of violation has If using a personal computer and the NRC Rulos Menu.

already adequately addressed all the modem, the NRC rulemaking subsystem For more information on NRC bulletm.

lasues contained in that notice, at the on FedWorld can be accessed directly discretion of the NRC, further written by dialing the toll free number 1-600.

boards call Mr. Arthur Davis, Systems responses may not be required.

303-9672. Communication software Integration and Development Branch, DATES:Conunents on the proposed rule parameters should be set as follows:

NRC, Washington, DC 20555, telephone must be received on or before parity to none, data bits to 8, and stop (301) 415-5780; e-mail AXD3@nrc. gov.

September 23,1996, bits to 1 (N,8,1). Using ANSI or VT-100 1.ist of Subjects ADDREfSES: Mail written comments to:

terminal emulation, the NRC NURECs Secretary, U.S. Nuclear Regulatory and RegGuides for Comment subsystem 10 CFR Part 2 Commission, Washington, DC,20555-can then be accessed by selecting the 0001. A'ITN: Docketing and Service

" Rules Menu" option from the "NRC Administrative practice and Main Menu." For further infonnation Pmcedure, Antitrust, Byproduct Branch' deliver comments to:

IIand 11555 about options available for NRC at matenal, Classified information, Rockville Pike, Rockville MD, between FedWorld, consult the "Ifelp/

Environmental protection, Nuclear 7:30 am and 4:15 pm Federal workdays. Information Center" from the "NRC matenals, Nuclear power plants and For information on submitting Main Menu." Users will find the reactors, Penalties, Sex discriminat on, comments electronically, see the "FedWorld Online User's Guides" Source material, Special nuclear discussion under Electronic Access in particularly helpful. Many NRC material, Waste treatment and disposal.

the Supplementary Information Section. subsystems and data bases also have a 20 CFR Part 51 Copies of comments received may be "lielp/Information Center" option that examined or copies for a fee, at the NRC is tailored to the particular subsystem.

Administrative practice and Public Document Room,2120 L Street The NRC subsystem on FedWorld can procedure, Environmental Impact NW. (Lower Level), Washington, DC.

also be accessed by a direct dial phone stamment, Nuclear power plants and FOR FURTHER INFORMATION CONTACT:

number for the main FedWorld BBS, reactors, Reporting and recordkeeping M.L. Au, Office of Nuclear Regulatory 703-321-3339, or by using Telnet via requirements.

Researth, U.S. Nuclear Regulatory Internet: fedworld.gow. If using 703-Commission, Washington, DC 20555-321-3339 to contact FedWorld, the NRC For reasons set out in the preamble 0001, telephone (301) 415-6181. E Mail: subsystem will be accessed from the and under the authority of the Atomic INTERNET:MLA@NRC.COV.

main FedWorld menu by selecting the Energy Act of 1954, as amended, the SUPPLEMENTARY INFORMATION: For

" Regulatory, Gcvenunent Energy Reorganir.ation Act of 1974 as additionalinformation see the Direct Administration and State Systems,"

amended, and 5 U.S.C. 552 and 553, the Final Rule ublished in the rules then selecting " Regulatory Information NRC is proposing the amendments to to C

section of is Federal Register.

M i t at in a rnenu will be t ed r t f n I rule pu ! hed els ere Procedural Backgmund Nuclear Regulatory Commission" that in this issue.

Because NRC considers this action will take you to the NRC Online main Dated at Rockville. Maryland, this 8th day noncontmversial and routine, we are menu. The NRC Online area also can be of August,1996.

l 1

43410 Federal Register / Vol. 61. No.164 / Thursday, August 22, 1996 / Proposed Rules I

For ths Nuclear Regulatory Commission.

l Jrmes M. Taylor.

4 ExecutivsDirectorfor Opetutions.

[FR Ih:c. 96-21166 Filed 8-21-06: 8:45 am) 4 0

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