ML20195H411
| ML20195H411 | |
| Person / Time | |
|---|---|
| Issue date: | 06/03/1999 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | J. J. Barton, Inhofe J HOUSE OF REP., SENATE, ENVIRONMENT & PUBLIC WORKS |
| References | |
| FRN-64FR29246, RULE-PR-2 CCS, NUDOCS 9906170037 | |
| Download: ML20195H411 (8) | |
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June 3, 1999 The Honorable Joe Barton, Chairman Subcommittee on Energy and Power
' Committee on Commerce United States House of Representatives Washington, DC 20515
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee is a copy of recently approved changes to the NRC's regulations governing participation in both " formal" and "informar licensing proceedings conducted under its Rules of Practice. This document will be published in the Federal Reaister, i
This action is necessary to clarify that Federally recognized Indian tribes are entitled to participate in NRC licensing proceedings on the same basis as States and other units of government.
i Sincerely, but 3
b Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
Federal Register notice cc: Representative Ralph Hall
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June 3, 1999 The Honorable James M. Inhofe, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety Committee on Public Works United States Senate Washington, DC 20510
Dear Mr. Chairman:
Enclosed for the information of the Subcommittee is a copy of recently approved changes to the NRC's regulations governing participation in both " formal" and " informal' licensing proceedings conducted under its Rules of Practice. This document will be published in the Federal Reaister.
This action is necessary to clarify that Federally-recognized Indian tribes are entitled to participate in NRC licensing proceedings on the same basis as States and other units of government.
Sincerely, W
Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Federal Register notice cc: Senator Bob Graham i
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24722 i
Submission of Federal Rules Under the Congressional Review Act E President of the Senate O Speaker of the House of Representatives OGAO Please fill the circles electronically or with black pen or #2 pencil.
- 1. Name of Department or Agency
- 2. Subdivision or Office i
U.S. Nuclear Regulatory Ccmnission Office of the General Counsel
- 3. Rule Title Ibnnal and Informal Mjudicatory Hearing Procedures; Clarification of Eligibility to Participate l
- 4. Regulation identMer Number (RIN) or Other Unique Identser (if applicable)
RIN: 3150-AG27 S.
Major Rule O Non-major Rule G 6.
Final Rule O Other q Direct Final Rule
- 7. With respect to this rule, did your agency solict public comments?
Yes O No O N/A O
- 8. Priority of Regulation (fillin one)
O Economically Significant; or 01 Routine and Frequent or Significant; or Informational / Administrative /Other Substantive, Nonsignificant (Do not complete the other side of this form if filled in above.)
- 9. Effective Date (if applicable) Sixty Days from Publication Date unless adverse cocments are received
- 10. Concise Summary of Rule (fillin one or both) attached O stated in rule G Submitted b.
(signature)
Dennis K. Rathbun Narne.
Tme:
Director, Office of Congressional Affairs June 3, 1999 For Congressional Use Only:
Date Received:
Committee of Jurisdiction:
3/23/99 I
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. 24722 Yes No N/A A.
With respect to this rule, did your agency prepare an analysis of costs O
O O
and benefits?
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B.
With respect to this rule, by the final rulemaking stage, did your agency
- 1. certify that the rule would not have a significant economic impact on a O
O O
substantial number of small entities under 5 U.S.C.6 605(b)?
- 2. prepare a final Regulatory Flexibility Analysis under 5 U.S.C. $ 604(a)?
O O
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C.
With respect to this rule, did your agency prepare a written statement under O
O O
l 6202 of the Unfunded Mandates Reform Act of 19957 D.
With respect to this rule, did your agency prepare an Environmental Assessment O
O O
or an Environmental lmpact Statement under the National Environmental Policy Act (NEPA)?
E.
Does this rule contain a collection of information requiring OMB approval O
O O
under the Paperwork Reduction Act of 19957 F.
Did you discuss any of the following in the preamble to the rule?
O O
O e E.O.12612, Federalism O
O O
e E.O.12630, Government Actions and Interference with Constitutionally O
O O
Protected Property Rights e E.O.12866, Regulatory Planning and Review O
O O
e E.O.12875 EnhancingtheintergovernmentalPartnership O
O O
e E.O.12988, CivilJustice Reform O
O O
e E.O.13045, Protection of Children from Environmental Health Risks O
O O
and Safety Risks e Other statutes or executive orders discussed in the preamble concerning the rulemaking process (please specify) 3/23/99
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24722 Submission of Federal Rules Under the Congressional Review Act O President of the Senate E Speaker of the House of Representatives O GAO Please fill the circles electronically or with black pen or #2 pencil.
1 Name of Department or Agency
- 2. Subdivision or Office U.S. Nuclear Regulatory Comnission Office of the General Counsel
- 3. Rule Tale Fonnal and Informal Adjudicatory Hearing Procedures; Clarification of Eligibility to Participate
- 4. Regulation Identifier Number (RIN) or Other Unique Identifier (if applicable)
RIN: 3150-AG27 5.
MajorRu!e O Non-majorRule G 6.
Final Rule O Other(X Direct Final Rule
- 7. With respect to this rule. did your agency solict public comments?
Yes O No O N/A d
- 8. Prionty of Regulation (fill in one)
O Economically Significant; or Q Routine and Frequent or Significant; or Informational / Administrative /Other Substantive. Nonsignificant (Do not complete the other side of this form if filled in above.)
- 9. Effective Date (if applicable) Sixty Days from Publication Date unless adverse conTaents are received
- 10. Concise Summary of Rule (fillin one or both) attached O stated in rule G Submitted by.
~ Lf C,4 (signature) g _ Dennis K. RatEbun I
m:
Director, Office of Congressional Affairs June 3, 1999 For Congressional Use Only:
Date Received:
Committee of Jurisdiction:
3/23/99 0
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Yes No WA A.
With respect to this rule, did your agency prepara an analysis of costs O
O O
and benefits?
B.
With respect to this rule, by the final rulemaking stage, did your agency 1, certify that the rule would not have a significant economic impact on a O
O O
substantial number of small entities under 5 U.S.C. 6 605(b)?
- 2. prepare a final Regulatory Flexibility Analysis under 5 U.S.C. $ 604(a)?
O O
O C.
With respect to this rule, did your agency prepare a written statement under O
O O
$ 202 of the Unfunded Mandates Reform Act of 1995?
D.
With respect to this rule, did your agency prepare an Environmental Assessment O
O O
or an Environmental lmpact Statement under the National Environmental Policy Act (NEPA)?
E.
Does this rule contain a collection of information requiring OMB approval O
O O
under the Paperwork Reduction Act of 19957 F.
Did you discuss any of the following in the preamble to the rule?
O O
O e E.O.12612, Federalism O
O O
e E.O.12630, Government Actions and interference with Constitutional!y 0
0 0
Protected Property Rights e E.O.12866, Regulatory Planning and Review 0
0 0
e E.O.12875, Enhancing the intergovernmental Partnership O
O O
e E.O.12988,CivilJustice Reform O
O O
e E.O.13045, Protection of Children from Environmental Health Risks O
O O
and Safety Risks e Other statutes or executive orders discussed in the preamble concerning the rulemaking process (please specify)
A 3/23/99 F^
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! ^ s-i ro 24722 Subndssion of Federal Rules Under the Congressional Review Act O President of the Senate O Speaker of the House of Representatives EGAO Prase fill the circles electronically or with black pen or #2 pencil.
- 1. Name of Department or Agency
- 2. Subdivision or Office U.S. Nuclear Regulatory Comnission Office of the General Counsel
- 3. Rule Title Ibnnal and Infortnal Adjudicatory Hearing Procedures; Clarification of Eligibility to Participate
- 4. Regulation identifier Number (RIN) or Other Unique Identifier (if applicable)
RIN: 3150-AG27 5.
Major Rule O Non-major Rule G 6.
Final Rule O Other q Direct Final Rule
- 7. With respect to this rule, did your agency solict public comments?
Yes O No O N/A O
- 8. Prionty of Regulation (fillin one)
O Economically Significant; or Q Routine and Frequent or Significant; or informational / Administrative /Other i
Substantive, Nonsignificant (Do not complete the other side of this form if filled in above.)
- 9. Effective Date (if applicable) Sixty Days from Publication Date unless adverse cormaents are received I
- 10. Concise Summary of Rule (fillin one or both) attached O stated in rule G ll l
Submitted by (signature)
Name: Dennis K. Rathbun
.g g Director,0ffice of Congressional Affairs June 3, 1999 i
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t For Congressional Use Only:
f Date Received:
Committee of Jurisdiction:
3/23/99 R._,
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Yes No N/A A.
With respect to this rule, did your agency prepare an analysfs of costs O
O O and benefits?
B.
With respect to this rule, by the final rulemaking stage, did your agency
- 1. certify that the rule would not have a significant economic impact on a O
O O
substantial number of small entities under 5 U.S.C. $ 605(b)?
- 2. prepare a final Regulatory Flexibility Analysis under 5 U.S.C. 6 604(a)?
O O
O C.
With respect to this rule, did your agency prepath a written statement under O
O O
$ 202 of the 'Jnfunded Mandates Reform Act of 19957 D.
With respect to this rule, did your agency prepare an Environmental Assessment O
O O
or an Environmental lmpact Statement under the National Environmental Policy Act (NEPA)?
E.
Does this rule contain a collection of information requiring OMB approval O
O O
under the Paperwork Reduction Act of 19957 F.
Did you discuss any of the following in the preamble to the rule?
O O
O e E.O.12612, Federalism O
O O
I e E.O.12630, Government Actions and interference with Constitutionally 0
0 O
Protected Property Rights e E 0.12866, Regulatory Planning and Review O
O O
e E.O.12875 EnhancingtheIntergovernmentalPartnership O
O O
e E.O.12988.CivilJustice Reform O
O O
e E.O.13045, Protection of Children from Environmental Health Risks O
O O
and Safety Risks e Other statutes or executive orders discussed in the preamble concerning the rulemaking process (please specify) 3r2199 qd
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[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR PART 2 RIN: 3150-AG27 FORMAL AND INFORMAL ADJUDICATORY HEARING PROCEDURES; CLARIFICATION OF ELIGIBILITY TO PARTICIPATE AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule j
i
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations governing participation in adjudicatory proceedings conducted under its Rules of Practice to clarify that Federally-recognized Indian tribal governments are entitled to participate in these proceedings on the same basis as other governmental units.
DATES: Comments on the proposed rule must be received on or before [30 days after the date of publication in the Federal Register).
i ADDRESSES: Mail any comments to: Secretary, U.S. Nuclear Regulatory Commission, 1
Washington, D.C. 20555, Attention: Rulemakings and Adjudications Staff.
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Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland,20852, between 7:30 am and 4:15 Eastern time on Federal werkdays.
You may also provide comments via the NRC's interactive rulemaking website through the NRC nome page (http://www.nrc.aov). This site provides the availability to upload comments as files (any format) if your web browser supports that function. For information about the NRC's interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5905; email CAG @nrc.aov.
Copies of any comments received may be examined at the NRC Public Document
)
Room,2120 L Street NW. (Lower Level), Washington, D.C.
FOR FURTHER INFORMATION CONTACT: Charles E. Mullins, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; telephone (301) 415-1606; e-mail: CEM @nrc.aov.
l i
SUPPLEMENTARY INFORMATION:
l For additional information, see the Direct Final Rule published in the Rules and j
Regulations section of this Federal Register.
Because the NRC considers this action noncontroversial and routine, the NRC is publishing the rule in final form without seeking public comments on the amendments in a proposed rule. This action will become effective on (60 days from the date of this publication].
However, if the NRC receives significant adverse comments by (30 days from the date of this Notice], the NRC will publish a notice that withdraws this action pending review of the comments, and will address those comments in a subsequent final rule. The NRC will not initiate a second comment period on this action.
I
List of Subjects 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified j
information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, J
l Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to adopt the following amendments to 10 CFR Part 2.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
- 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. 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.114 (f); Pub. L.97-425,96 Stat. 2213, as amended (42 U.S.C.10143 (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). Section 2.102,2.103,2.104,2.105,2.721 also issued under secs. 102,103,104,105, 183i 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 161 b, 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 2.205 (j) also issued under Pub. L. 101-410,104 Stat. 90, as amended by section 3100 (s), Pub. L.104-134,110 Stat.1321-373 (28 U.S.C.2461 note). Section 2.600-2.606 also issued under sec.102, Pub. L.91-190,83 Stat. 853, as amended (42 U.S.C. 4332).
Section 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).
2
=
Subpart L also issued under sec.189,68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec.184 (42 U.S.C. 2234) and 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).
- 2. In 62.715, paragraph (c) is revised to read as follows:
62.715 Participation by a person not a party.
(c) The presiding officer will afford representatives of an interested State, county, municipality, Federally-recognized Indian Tribe, and/or agencies thereof, a reasonable opportunity to participate and to introduce evidence, interrogate witnesses, and advise the Commission without requiring the representative to take a position with respect to the issue.
Such participants may also file proposed findings and exceptions pursuant to 6Q2.754 and 2.762 and petitions for review by the Commission pursuant to @2.786. The presiding officer i
may require such representative to indicate with reasonable specificity, in advance of the i
hearing, the subject matters on which he desires to participate.
- 3. In 62.1211, paragraph (b) is revised to read as follows:
2.1211 Participation by a person not a party.
(b) Within 30 days of an order granting a request for a hearing under 2.1205 (b)-(d) or, in instances when it is published, within 30 days of notice of hearing issued under 62.1205(j),
the representative of an interested State, county, municipality, Federally-recognized Indian Tribe, and/or agencies thereof, may request an opportunity to participate in a proceeding under this subpart. The request for an opportunity to participate must state with reasonable specificity the requester's area of concern about the licensing activity that is the subject matter of the proceeding. Upon receipt of a request that is filed in accordance with these time limits and that 3
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specifies the requester's areas of concern, the presiding officer shall afford the requester a
, reasonable opportunity to make written and oral presentations in accordance with $2.1233 and 2.1235, without requiring the representative to take a position with respect to the issues.
Participants under this subsection may notice an appeal of an initial decision in accordance with
$2.1253 with respect to any issue on which they participate.
Dated at Rockville, Maryland, this dt& day of May,1999.
For the Nuclear Regulatory Commission.
WM i ct%C ~
Annette Vietti-Cook, Secretary of the Commission.
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(7590-01 P]
)
NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN: 3150-AG27 FORMAL AND INFORMAL ADJUDICATORY HEARING PROCEDURES; CLARIFICATION OF ELIGIBILITY TO PARTICIPATE AGENCY: Nuclear Regulatory Commission.
l l
ACTION: Direct final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations governing participation in adjudicatory proceedings conducted under its Rules of Practice to clarify that Federally-recognized Indian tribal governments are entitled to participate in these proceedings on the same basis as other governmental units.
EFFECTIVE DATE: The final rule is effective [ sixty days from the date of this notice), unless significant adverse comments are received by (thirty days from the date of this notice). If the j
effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Mail any comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, Attention: Rulemakings and Adjudications Staff.
h@gO! \\ C l C \\ n~:p
Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland,20852, between 7:30 am and 4:15 Eastern time on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking website through the NRC home page (http://www.nrc.aov). This site provides the availability to upload comments as files (any format) if your web browser supports that function. For information about the NRC's interactive rulemaking website, contact Ms. Carol Gallagher, (301) 415-5905; i
email CAG @nrc.aov, Copies of any comments received may be examined at the NRC Public Document Room,2120 L Street NW (Lower Level), Washington, D.C.
i FOR FURTHER INFORMATION CONTACT: Charles E. Mullins, Office of the General Counsel, t
U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001; telephone (301) 415-1606; e-mail: CEM@ nrc.oov.
SUPPLEMENTARY INFORMATION:
Because the NRC considers this action noncontroversial and routine, the NRC is j
publishing the rule in final form without first seeking public comments on the amendments in a proposed rule. This action will become effective on [60 days from the date of this publication].
However, if the NRC receives significant adverse comments by (30 days from the date of this Notice), the NRC will publish a notice that withdraws this action pending review of the comments, and will address those comments in a subsequent final rule. The NRC will not initiate a second comment period on this action.
2 V
v.
Background
These amendments are intended to ensure that Federally-recognized Indian Tribal governments and their official subdivisions have the same participation rights in NRC adjudicatory proceedings as State governments, units of local governments, and their official subdivisions. In many respects, Federally-recognized Indian tribes exercise inherent sovereign powers over their members and territory, similar to the powers exercised by States and other units of local government. In many areas of the law, these sovereign rights are recognized either by court decision, statute, or treaty. Therefore, because these tribes exercise many of a
the attributes of States or other governmental units, the Commission has determined that they should be recognized in adjudicatory proceedings in the same fashion as State and local governmental bodjes. Accordingly, the Commission is issuing this amendment to ensure that Federally-recognized Indian tribes will have the same opportunity to participate in any proceeding that affects their interests. These amendments are intended to meet the goals of Executive Order No.13084 of May 14,1998, i
in addition, the Commission is also making two minor editorial changes in G2.1211(b) to conform its wording to the wording in @2.715(c).
Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical
. exclusion 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final regulation, l
i 3
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l Paperwork Reduction Act Statement This final rule contains no information collection requirements and, therefore, is not j
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Regulatory Analysis A regulatory analysis has not been prepared for this direct final rule because this rule is considered a minor, non-substantive amendment; it has no economic impact on NRC licensees or the public.
Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980,5 U.S.C. 605(b), the Commission certifies that this rule does not have a significant economic impact on a substantial number of small entities. This rulemaking is an administrative action that clarifies the rights of Federally-i recognized Indian tribes to participate in NRC adjudicatory proceedings. It has no financial impact on NRC licensees or the public.
(
1 Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this final rule and, therefore, that a backfit analysis is not required for this final rule because these amendments do not impose any provisions that would impose backfits as defined in 10 CFR 50.109.
i 4
i
Small Business Regulatory Enforcement Fairness 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.
List of Subjects 10 CFR Part 2 i
Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear pov,er plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act, 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 Part 2.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
- 1. The authority citation for Part 2 continues to read as follows:
)
/.Lthority: 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.114 (f); Pub. L.97-425,96 Stat. 2213, as amended (42 U.S.C.10143 (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). Section 2.102,2.103,2.104,2.105,2.721 also issued under secs. 102,103,104,105, 183i 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.161 b, 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 5
U.S.C. 5846). Sections 2.205 (j) also issued under Pub. L. 101-410,104 Stat. 90, as amended by.section 3100 (s), Pub. L.104-134,110 Stat.1321-373 (28 U.S.C.2461 note). Section 2.600-2.606 also issued under sec.102, Pub. L.91-190,83 Stat. 853, as amended (42 U.S.C. 4332).
Section 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). Subpart M also issued under sec.184 (42 U.S.C. 2234) and 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).
- 2. In 2.715, paragraph (c) is revised to read as follows:
@2.715 Participation by a person not a party.
(c) The presiding officer will afford representatives of an interested State, county, municipality, Federally-recognized Indian Tribe, and/or agencies thereof, a reasonable opportunity to parucipate and to introduce evidence, interrogate witnesses, and advise the Commission without requiring the representative to take a position with respect to the issue.
Such participants may also file proposed findings and exceptions pu suant to 2.754 and 2.'762 and petitions for review by the Commission pursuant to 2.786. The presiding officer may require such representative to indicate with reasonable specificity, in advance of the hearing, the subject matters on which he desires to participate.
' 3. In $2.1211, paragraph (b) is revised to read as follows:
s2.1211 Participation by a person not a party.
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l (b) Within 30 days of an order granting a request for a hearing under Q2.1205 (b)-(d) or, in instances when it is published, within 30 days of notice of hearing issued under Q2.1205(j),
. the representative of an interested State, county, municipality, Federally-recognized Indian Tribe, and/or agencies thereof, may request an opportunity to participate in a proceeding under this subpart. The request for an opportunity to participate must state with reasonable specificity the requester's area of concern about the licensing activity that is the subject matter of the proceeding. Upon receipt of a request that is filed in accordance with these time limits and that specifies the requester's areas of concern, the presiding officer shall afford the requester a reasonable opportunity to make written and oral presentations in accordance with Q 2.1233 and
- 2.1235, without requiring the representative to take a position with respect to the issues.
Participants under this subsection may notice an appeal of an initial decision in accordance with Q2.1253 with respect to any issue on which they participate.
Dated at Rockville, Maryland, this Atth day of May,1999.
For the Nuclear Regulatory Commission.
A J
..m A ~[ W Annett'e'Vietti-Cook, Secretary of the Commission.
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