ML20135B417

Final Fule 10CFR2 & 51, Deletion of Outdated References & Minor Change, Amending Regulations to Delete All References to App C 10CFR2.Provides Discretionary Measure in Requiring Written Responses in Reply to Notice of Violation

ML20135B417
Person / Time
Issue date:	08/08/1996
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
FRN-61FR43406, RULE-PR-2, RULE-PR-51 NUDOCS 9612050011
Download: ML20135B417 (14)

Text

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NUCLEAR REGULATORY COMMISSION 96 AUG 16 P 3 :36 10 CFR Parts 2 and 51

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RIN 3150-AF43 DOCK?i~

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Deletion of Outdated References and Minor Change

! AGENCY: Nuclear Regulatory Commission.

l f ACTION: Direct final rule.

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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 l

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 direct final rule also provides that the NRC may use discretion when determining whether to require a written explanation or statement in reply to a notice of violation. When the NRC believes-that the licensee or other person who receives the notice of violation has already adequately addressed all the issues contained in that notice, at the discretion of the NRC, further written responses may not be required.

w/zil% f DATE: This final rule is effective on [ insert date 60 days after publication) l unless significant adverse comments are received by the NRC. Comments should i 9 /23 /#

be submitted by [ insert date 30 days after publication). If the effective date is delayed, timely notice will be published in the Federal Register.

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1 ADDRESSES: Mail writtea comments to: Secretary, U.S. Nuclear Regulatory h

j Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch.

3 i Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, between i  ?

l 7:30 am and 4:15 pm Federal workdays.

For information on submitting comments electronically, see the i l discussion under Electronic Access in the Supplementary Information Section, j l

I Copies of comments received may be examined or copies for a fee, at the l 4 i t

) NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC.

i s i i t i FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory j Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6181. E-Mail: INTERNET:MLA@NRC.G0V.

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J I SUPPLEMENTARY INFORT il0N:

9 Background i l

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i The NRC has removed Appendix C, " General Statement of Policy and i Procedures for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; i

ii June 30, 1995) inasmuch as the Enforcement Policy is a Policy Statement, not a l regulation. The enforcement policy, " General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy," was published

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as a Policy Statement on June 30, 1995 (60 FR 34381). It was also publisned i

as NUREG-1600 in July 1995. There are two sections (10 CFR 2.8(b) and j

51.10(d)) in the Commission's regulations that still reference Appendix C to

! Part 2. This rulemaking deletes both outdated references, i

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This rulemaking also amends 5 2.201, " Notice of Violation," to provide that the NRC may use discretion when determining whether to require a written explanation or statement in reply to a notice of violation. When the NRC believes that the licensee or other person who received the notice of violation has already adequately addressed all the issues contained in that notice, further written responses may not be required.

Discussion I. Deletion of outdated reference to Appendix C to 10 CFR Part 2 Section 2.8 Information collection requirements: OMB approval.

Section 2.8(a) currently states that the Office of Management and Budget (0MB) has approved the information collection requirements contained in Part 2. 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 longer any information collection requirements in this part. Thus, 5 2.8 is amended to state that there are no information collection requirements contained in this part. It should be noted that any burden for the information collections related to enforcement actions is currently associated with the policy statement (June 30, 1995; 60 FR 34380), rather than with Part 2.

Section 51.10 Pur:;se and scope of subpart: application of regulations of Council on Environmental Quality. \

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Section 51.10(d) currently 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. 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).

II. Grant of discretion to Commission to require a written explanation in reply to a notice of violation Section 2.201 Notice of violation.

Section 2.201(a) states that, in response to a notice of violation, a licensee cr other person subject to the jurisdictior cf the Commission to whom a notice of violation has been sent will be required to submit a written statement in reply, including corrective steps that have been taken, and the date when full compliance will be achieved. However, when a licensee or other person has already adequately addressed the issues contained in the notice of violation in writing, the licensee or other person has already, in effect, responded to the violation and a further written statement may be unnecessary.

Therefore, 5 2.201(a) is amended to replace the existing phrase "will require" with "may require." This change grants the NRC discretion when determining whether to require the submittal of a written explanation or statement when 4

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the NRC believes that a licensee or other person has already adequately l addressed all the issues contained in that~ notice of violation.

Electronic Access l Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electrcnic l Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available comuunications 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 i none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 t terminal emulation, the NRC NUREGs and RegGuides for Comment subsystem can f

then be accessed by selecting the " Rules Menu" option f t om the "NRC Main Menu." For further information about options available for NRC at FedWorld, l

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 f 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 i

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" 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 Rule : menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is included.

There is a 15-minute limit for FTP access.

Although FedWorld can be accessed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu.

For more information on NRC bulletin boards call fir. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD3@nrc. gov.

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s-Procedural Background Because NRC considers this action noncontroversial and routine, we are approving it without seeking public comments on proposed amendments. This action will become effective on (60 days after publication in the federal i Register). However, if the NRC receives significant adverse comments by (30 t

days after publication in the Federal Register), then the NRC will publish a document that withdraws this action and will address the comments received in response to the requested revisions which have been proposed for approval and are being concurrently published in the proposed rules section of this Federal Register. 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 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).

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

Paperwork Reduction Act Statement for Direct Final Rule This direct final rule does not contain a new os amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing information collections were approved by the l

i j Office of Management and Budget. approval numbers 3150-0136 and 3150-0021.

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k Public Protection Notification ,

The NRC may not conduct or sponsor, and a person is not required to i respond to, a collection of information unless it displays a currently valid i OMB control number.

Regulatory Analysis This direct final rule deletes outdated references to an appendix which previously has been deleted from the Commission regulations 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.

I Deleting the outdated references will have no impact on licensees, the NRC, or the public. Ite NRC's discretion on requiring reports responding to a notice of violation will reduce the burdens of preparing unnecessary reports by licensees and of reviewing these reports by the NRC without compromising the public health and safety. Powever, it is impossible to quantify the amount of reduction in burden Decause 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.

This constitutes the regulatory analysis for the direct final rule.

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l Small Business Regulatory Enforcement Act In accordance with the Small Business Regulatory Enforcement Fairness Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not anply to this rule, because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR 50.109(a)(1). Therefore, a backfit analysis is not required for this direct final rule.

List of Subjects 10 CFR Part 2 l Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear 1

power plants and reactors, Penalties, Sex discrimination, Source material, l Special nuclear material, Waste treatment and disposal.

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

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For reasons set out in the preamble and under the authority of the Atomic Energy Act of 195'. as amended, the Energy Reorganization Act of 1974 as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51.

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

1. The authority citation for part 2 is revised as 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, 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. 58/1). 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 arrtnded (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 10

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). ,

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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 l

(42 U.S.C. 2021b et seq.). l l

2. Section 2.8 is revised to read as follows:

I i 2.8 Information collection requirements: OMB approval.

This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

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

1 2.201 Notice of violation.

(a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice i.f violation; a 11

separate notice may be omitted if an order pursuant to i 2.202 or demand for information pursuant to i 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely stat'e the alleged violation and may require that the licensee or other person submit, within 20 days of the date of the notice or other specified time, a written explanation or statement in reply if the Commission believes that the licensee has not already addressed all the issues contained in the notice of violation, 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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• q 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 am:nded, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued ,

under National Environmental Policy Ac.t 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 11, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued U.S.C. 2243).

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under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. j L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). Section 51.22 l 4

also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 l U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. l 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under Nuclear  ;

i Waste Policy Act of 1982, sec Il4(f), 96 Stat. 2216, as amended (42 U.S.C. J 10134(f)).

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5. In 5 51.10, paragraph (d) is revised to read as follows:

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

1 (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.

W Dated at Rockville, Maryland, this P day of [l , M _ , 1996.

For the Nurlear Regulatory Commission.

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Q M. Taylor, ecutive Director for Operations.

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