ML20128Q264

Requests Concurrence on Direct Final Rule Parts 2 & 51 Re Deletion of Outdated References & Minor Change.Final Rule Package & Accompanying Proposed Rule Encl

ML20128Q264
Person / Time
Issue date:	04/10/1996
From:	Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Lieberman J, Paperiello C, Russell W NRC (Affiliation Not Assigned), NRC OFFICE OF ENFORCEMENT (OE), NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
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 AF43-2-015, AF43-2-15, NUDOCS 9609030248
Download: ML20128Q264 (27)

Text

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l ~'t UNITED STATES f { ,, j NUCLEAR REGULATORY COMMISSION o, f WASHINGTON, D.C. 20555-0001 3 49 ,o April 10, 1996 i

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MEMORANDUM T0

William T. Russell, Director Office of Nuclear Reactor Regulation . . I Carl J. Papertello, Director l Office of Nuclear Material Safety and Safeguards James Lieberman, Director Office of Enforcement David L. Meyer, Chief l i Rules Review and Directives Branch Division of Freedom of Information 4

and Publications Services i Office of A1 ministration i William J. Olmstead, Associate General Counsel j fo- Licensing and Regulation Office of the General Counsel i Gerald F. Cranford, Director Office of information Resources Manageme t i

FROM: David L. Morrison, Director #

Office of Nuclear Regulatory se c

SUBJECT:

0FFICE CONCURRENCE ON A DIRECT FINAL RULE - PARTS 2 AND 51 DELETION OF OUTDATED REFERENCES AND MlNOR CHANGE Your concurrence is requ'asted on this direct final rule package and accompanying proposed rule (Attachments).

The following is a summary of this request:

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Title:

Direct final Rule, " Deletion of Outdated References and Minor 4 Change"

2. Task Leader: N. L. Au, DRA/RES - 415-6181

3. Cognizant Individuals: Geoffrey Cant, OE Stuart Treby, GGC Mike lesar, Ab:1 Beth St. Mary, IRM

4. Requested Action: Concurrence

5. Requested Completion Date: 30 days from the date of memorandum i

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I W. Russell, et al. 2 R

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Background:

The NRC removed Appendix C to 10 CFR Part 2, entitled 1 " General Statement of Policy and Procedure for NRC Enforcement A('. ions" (60 FR 34380; June 30, 1995) from 10 CFR Part 2. However, there .re two 4 . sections in 10 CFP where Appendix C to.Part 2 are still referenced.

Tais rulemaking is to delete both outdated references.. In addition, there is a minor clarification in Part 2.

7. Resources and Coordination: Estimated resources to develop this

, rulemaking are one-sixth FTE. No contractor support was used. No j additional resources are anticipated to implement the rule. A copy of this concurrence package has been forwarded to the Office of the j Controller for coordination of resource issues per the ED0 memorandum of l June 14, 1991.

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Attachment:

1. Direct Final Rule

! 2. Accompanying Proposed Rule cc: w/ attachment:

l R. Scroggins, OC

L. Norton, IG i

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Background:

The NRC removed Appendix C to 10 CFR Part 2, entitled  ;

j " General Statement of Policy and Procedure for NRC Enforcement Actions" l 1 (60 FR 34380; June 30, 1995) from 10 CFR Part 2. However, there are two  !

sections in 10 CFR where Appendix C to Part 2 are still referenced. l This rulemaking is to delete both outdated references. In addition, l

j. there is a minor clarification in Part 2. -

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7. Resources and Coordination: Estimated resources to develop this 1 1 rulemaking are one-sixth FTE. No contractor support was used. No additional resources are anticipated to implement the rule. A copy of this concurrence package has been forwarded to the Office of tho I i Controller for coordination of resource issues per the ED0 memorandum of June 14, 1991.

Attachment:

l 1. Direct Final Rule

! 2. Accompanying Proposed Rule

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cc: w/ attachment:

R. Scroggins, OC L. Norton, IG i

i- Distribution:

i subj-circ-chron i Reading Files i DLMorrison

! BMorris w/att j FCostanzi GCant w/att l STreby w/att PNorian w/att Distribution: subj-circ-chron Reading Files DMorrison BMorris w/att FCostanzi PNorian w/att Gcant/att Streby w/att MLesar w/att DOCUMENT NAME: (P2-510FC.MLA]

CF Y N PDR Y N To rescive a copy of this document, indicate in the boa: "C" = Copy without attachinen$lencfobure "E* = Copy with attachtnent/ enclosure "N' = No copy 0FFICE RDB:DRA , CL RDB:DRA l D:DRA O l D:/G)fgj i lE, l NAME MAu 9//uv . . TMartin Tcw\ BM6Fr'i s DMWfkor/" '

DATE 3/ 7/96 fr 3/s/96 y/f/96 (f///) /96/

dtF OFFICIAL RECORD COPY (RES File Code) RES j,,u '

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ATTACHMENT 1 DIRECT FINAL RULE i

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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 2 and 51 i

i Deletion of Outdated References and Minor Change

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RIN 3150-AF43 i

i i AGENCY: Nuclear Regulatory Commission.

3 ACTION: Direct final rule.

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SUMMARY

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

l to delete all references to Appendix C to 10 CFR Part 2, inasmuch as

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! Appendix C has been removed from the Code of Federal Regulations because it is a Policy Statement, not a regulation. This final rule also provides that the-NRC may use discretion as to whether to require a written explanation or statement in reply to a notice of violation. If 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, 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.

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Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, between 1

7:45 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 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:

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 reference Appendix C to Part 2. This rulemaking deletes both outdated references. This rulemaking also amends ! 2.201,

" Notice of Violation," to provide that the NRC may use discretion as to 2

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whether to reoaire a written explanation or statement in reply to a notice of 1 viol ation . If the NRC believes that the licensee has already adequately

, addressed all the issues contained in that notice, further written responses t '

l may not be required.

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i Discussion Section 2.8 Information collection requirements: OMB approval.

Section 2.8(a) states that the Office of Management and Budget (OMB) has approved the information collection requirements. Section 2.8(b) states that the approved information collection requirements appear in Appendix C to 10 CFR Part 2. Because Appendix C has been removed from Part 2, there are no I

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; t9 FR 34380), rather thai. with j Part 2.

Section 2.201 Notice of violation.

Section 2.201(a) states that, in response to a notice of v.nlation, a licensee or other person subject to the jurisdiction of the Commission to whom a notice of violation has been sent will be required to submit a written a statement in reply, including corrective steps that have been taken, and the i

date when full compliance will be achieved. However, when a licensee or other

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person has already adequately addressed in writing the issues contained in the 3

P notice of violation, the licensee or other person has already, in effect, responded to the violation and a further written statement may be unnecessary.

To clarify this position, paragraph (a) is amended to replace the existing phrase "will require" with "may require." This change grants the NRC discretion on whether to require the submittal of a written statement if the- -

NRC_ believes that the licensee or other person has already adequately addressed all the issdes contained in that notice of violation.

Section 51.10 Purpose and scope of subpart; application of reaulations of Council on Environmental Quality.

Section 51.10(d) states, "These actions include issuance of 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 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. Instead, 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).

Electronic Access Comments may be submitted electro Gcally, 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 4

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personal computer, a modem, and one of the commonly available communications sof tware packages, or directly via Internet, if using a personal computer and modem, the NRC rulemaking subsystein on FedWorld can be accessed directly by dialing the toll free number 1-800-303-9672. Communication software parameters should be set as follows: par;t) h,-

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 i Menu." For further information about options available for NRC at FedWorld,

, consclt 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 i 3

$ tailored to the particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial J

j 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 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.

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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-5 documents and leave messages, you will not be able to write comments or upload i

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 i  ;

listing all files within a subdirectory, with descriptions, is included.

There is a 15-minute limit for FTP access.

i Although FedWorld can be accessed through the World Wide Web, like FTP, j i

that mode only provides access for downloading files and does not display the '

l l NRC Rules Menu. E i l l For more information on NRC bulletin boards call Mr. Arthur Davis, 1 Systems Integration and Development Branch, NRC, Washington, DC 20555, l

telephone (301) 415-5780; e-mail AXD30nrc. gov.

. I Procedural Background

{ Because NRC considers this' action noncontroversial and routine, we are j

I approving it without seeking public comments on proposed amendments. This action will become effective on (60 days after publication in the Federal i i

2 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

are being concurrently published in the proposed rules section of this Federal J

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I Register. Comments 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 ,

1 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).

l Therefore, neither an environmental impact statement nor an environmental I assessment has been prepared for this direct final rule.

Paperwork Reduction Act Statement This direct final rule contains no information collection requirements, and therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 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 been transferred to the policy statement.

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to

,! respond to, a collection of information unless it displays a currently valid OMB control number.

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Regulatory Analysis  !

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i i This direct final rule deletes 'n aoutdated statement and provides that

{ the NRC may 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 contained in a notice of violation.

Deleting the outdated statement will have no impact on licensees, the NRC, or the public. The NRC's discretion on requiring reports responding to a notice l l of violation will reduce the burdens of preparing unnecessary reports by I i

licensees and of reviewing these reports by the NRC without compromising the public health and safety. However, it is impossible to quanfify the amount of l 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 burden under the existing regulations.

Based on the above discussion, the NRC concludes that the direct final rule should be promulgated.

Backfit Analy::is The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this rule, and therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1).

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List of Subjects i ll 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material,

Classified information, Environmental protection, Nuclear material's, Nuclear -

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! power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, waste treatment and disposal.

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10 CFR Part 51

! Administrative practice 'and procedure, Environmental Impact statement, 1

l Nuclear power plants and reactors, Reporting and recordkeeping requirements. l b 1 For reasons set out in the preamble and under the authority'of the j Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1074 1

. as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following i

amendments to 10 CFR parts 2 and 51.

l l PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

. AND ISSUANCE OF ORDERS

1. The authority citation for part 2 continues to read as follows:

j AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 L 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 i

Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 9

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a 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 , i 1

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, i

183, 169, 65-5 tat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, i 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) 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:

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5 2.'8 Information collection reauirements: OMB approval.

This part contains no information collection requirements and therefore i

";s act subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 l

l et seq.).

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3. Section 2.201, paragraph (a) is revised to read as follows:

3 2.2n1 Notice of violation.

i (a) In response to an alleged violation of any provision of the Act or i

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 5 2.202 or demand for information pursuant to 5 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the a leged 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, 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.

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PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR 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.

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, see 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 Section 51.10, paragraph (d) is revised to read as follows:

5 51.10 Purpose and scope of subpart: Applications of regulations of Council on Environmental Quality 12

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j (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 l violation, orders, and denials of requests for action pursuant to Subpart 8 of I

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] 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.

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l Dated at Rockville, Maryland, this day of , 1996.

l l For the Nuclear Regulatory Commission.

l James M. Taylor, i Executive Director for Operations.  ;

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(d) Commission actions initiating or relating to administrative or l judicial civil or criminal enforccment 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 8 of Part 2 of this chapi.ter,~ iiiatters 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. l l

l Dated at Rockville, Maryland, this day of , 1996.

For the Nuclear Regulatory Commission.

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James M. Taylor, l Executive Director for Operations. l l

l RECORD NOTE: A copy of the Direct Final Rule and Proposed Rule was sent to OIG for information on .

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DOCUMENT NAME: 0:\AU\P2MINCHG.FR7 *See previous concurrences 0FFICE DRA:RDB* DRA:RDB* D:D#/y D:NMSS D:NRR

-NAME: MAu/ayw TMartin ,,hrris CPaperiello WRussell DATE: 03/07/96 03/14/96 t//[/96 (/v/96 [//v/96 0FFICE D:0E ADM OGC D:IRM D:RLS, EDO NAME: JLieberman DMeyer W0lmstead GCanford JTaylor DATE: [/q,/96 d'/f7/96 [/L/96 I/2496 e[//p/96 / /96 0FFICIAL RECORD COPY RES FILE CODE:

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k* I (d) Commission actions initiating or relating to administrative or j judicial civil or criminal enforcement actions or proceedings are not subject - l to section 102(2) of NEPA. These actions include issuance of notices of l violation, orders, and denials of requests for action pursuant to subpart B of part 2 of this cnaliter; matter covered by part 15 and part 160 of this chapter; and issuance of confi rmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance.

1 Dated at Rockville, Mary and, this day of , 1996.

F r the Nuclear Regulatory Commission.

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[ James . ylor Execu ive Di hre , r for Operations.

RECORD NOTE: A copy of t ie proposed rule was se to OIG for information on .

x DOCUMENT NAME:G:\AU\P2MINCHG.FR7 0FFICE DRA:RDBkM DRA:RDB D:DRA D:NMSS D:NRR NAME: MAukh" TMart1[ BMorris CPaperiello WRussell DATE: $ / '/ /96 s /M /96 / /96 / /96 / /96 0FFICE D:0E ADM OGC D:IRM D:RES EDO NAME: JLieberman DMeyer W0lmstead GCanford DMorrison JTaylor DATE: / /96 / /96 / /96 / /96 / /96 / /96 l OFFICIAL RECORD COPY l RES FILE CODE:

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ATTACHMENT 2 PROPOSED RULE 1

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[7590-01-P)

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

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ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations j to delete all references to Appendix C to 10 CFR Part 2, inasmuch as j Appendix C has been removed from the Code of Federal Regulations because it is a Policy Statement, not a regulation. This proposed rule also provides that the NRC may use discretion as to whether to require a written explanation or

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statement in reply to a notice of violation. If the NRC believes that the I licensee or other person who received the notice of violation has already )

i adequately addressed all the issues contained in that notice, at the discretion of the NRC, further written responses may not be required, i

DATES: Comments on the proposed rule must be received on or before (30 days J

after publication in the Federal Register),

l ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTH: Docketing and Service Branch.

Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, between 7:45 am and 4:15 pm Federal workdays.

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l For information on submitting comments electronically, see the

] discussion under Electronic Access in the Supplementary Information Section.

l l FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory 1

Research, U.S. Nuclear Regulator., Cun.a;u;un, Washington, DC 20555, telephone q

(301) 415-6181. E-Mail: INTERNET:MLA0NRC. GOV.

l SUPPLEMENTARY INFORMATION:

For additional information see the Direct Final Rule published in the rules section of this Federal Register.

i l l l l l Procedural Background l l

Because NRC considers this action noncontroversial and routine, we are publishing this proposed rule concurrently as a Direct Final Rule. 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 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.

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Electronic Access i l

j Comments may be submitted electronically, in either ASCII text or l Wordperfect format (version 5.1 or later), by calling the NRC Electronic l Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and crc of th commonly available communications f software packages, or directly via Internet.

If using a personal computer and modem, the NRC rulemaking subsystem on i 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 l

none, data bits to 8, and stop bits to 1 (N,8,1). 'Using ANSI or VT-l'00 i

terminal emulation, the NRC NUREGs and RegGuides for Comment subsystem can l l then be accessed by selecting the " Rules Menu" option from the "NRC Main l i Menu." For further information about options available for NRC at FedWorld, j

consult the " Help /Information Center"from the "NRC Main Menu." Users will l

]

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 i

l 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 l subsystem will be accessed from the main FedWorld menu by selecting the 1

i " 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 NRC Online main menu. The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWarld command line. If you access NRC from j 3

i l

f FedWorld's main menu, you may return to FedWorld by selecting the " Return to i

j FedWorld" option from the NRC Online Main Menu. However,'if you access NRC at FedWorld by using NRC's toll-fNe number, you will have full access to all NRC j 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 j 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 uhloads are not allowed; all you 'will see is a l list of files without descriptions (normal Gopher look). An index file 4

listing all files within a subdirectory, with descriptions, is included.

There is a 15-minute time limit for FTP access.

j 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 AXO30nrc. gov. i 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.

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1 10 CFR Part 51 Administrative practice and procedure, Environmental Impact statement, Nuclear power plants and reactors, Reporting'and recordkeeping requirements.

PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

1. The authority citation for Part 2 continues to read as follows:

AUTHORITY

Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C.

j 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, 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,

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, 5

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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) ard 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 k amended (42 U.S.C. 2039). Subpart K also issued'under 'sec. Iti9,' 68 Stat. 955 i

j (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.

j 2135). Appendix B also issued under sec. 10, Pub L.99-240, 99 Stat. 1842 (42 .-

U.S.C. 2021b et seq.).

i j PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS I

l 2. The authority citation for Part 51 continues to read as follows:

i 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.

l 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 4

U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued t

{ 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 i

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(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 Il4(f), 96 Stat. 2216, as amended (42 U.S.C.

10134(f)).

Dated at Rockville, Maryland, this day of , 1996.

For the Nuclear Regulatory Commission.

1 James M. Taylor, Executive Director for Operations.

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