ML20206E750

Forwards Info Re Process to Request Changes to Agency Regulations,As Requested During 990415 Meeting in Washington,Pa.Process Is Described in 10CFR2.802 Regulations

ML20206E750
Person / Time
Issue date:	04/27/1999
From:	Nelson R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Marcia Simon AFFILIATION NOT ASSIGNED
References
REF-WM-3 NUDOCS 9905050229
Download: ML20206E750 (5)

Text

re U April 27, 1999 Mr. Marc A. Simon 140 E9ho Glen Drive Washington, PA 15301

SUBJECT:

PETITIONING THE U.S. NUCLEAR REGULATORY COMMISSION FOR

• RULEMAKING i

Dear Mr. Simon:

During our public meeting in Washington, PA, on April 15,1999, you requested information concerning the process to request changes to the agency's regulations. Such a request is called a " petition for rulemaking." This process is described in our regulations at 10 CFR 2.802, a copy of which is enclosed. r" lase note that the contacts for additional information on this process are identified in 10 CFR 2.802(b).

If I can be of any further assistance, please call me at (301) 415-7298.

Sincerely, (Original signed by]

Robert A. Nelson, Chief Special Projects Section l

Decommissioning Branch <

Division of Waste Management Office of Nuclear Material Safety and Safeguards

Enclosure:

10 CFR 2.802 A/D l cc: C. Smith, Canton Township kjtY $

TICKET: N/A DISTRIBUTION: Central File DCB r/f NMSS r/f RJohnson RPerson FCameron RBellamy )

PUBLIC To receive a copy of this document in small box on "OFC:"line enter: "C" = Copy without attachment / enclosure: "E" = Copy wl*

attachment / enclosure; "N" = No copy -

Path & File Name: C:) SIMON-LTR.M/PD ~UiiU,dD OFC D - DCd N

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tr NAME RNelson JtjIckey 7

DATE YS7/99 kd /99 OFFICIAL RECORD COPY ACNW: YES NO X Category: Proprietary _ or CF Only_

IG.-: YES _ NO l cg e

-LSS:YES__. NC- 2 Delete file after distribution: Yes_ Nol

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i NUCLEAR REGULATORY COMMISSION

1. WASHINGTON, D.C. 20555 4001

%g*****/ April 27, 1999 Mr. Marc A. Simon 140 Echo Glen Drive Washington, PA 15301

SUBJECT:

PETITIONING THE U.S. NUCLEAR REGULATORY COMMISSION FOR RULEMAKING

Dear Mr. Simon:

During our public meeting in Washington, PA, on April 15,1999, you requested information concerning the process to request changes to the agency's regulations. Such a request is called a " petition for rulemaking." This process is described in our regulations at 10 CFR 2.802, a copy of which is enclosed. Please note that the contacts for additionalinformation on this process are identified in 10 CFR 2.802(b).

if I can be of any further assistance, please call me at (301) 415-7298.

Sincerely, k '

! Robert A. Nelson, Chief Special Projects Section Decommissioning Branch Division of Waste Management Office of Nuclear Material Safety and Safeguards

Enclosure:

10 CFR 2.802 cc: C. Smith, Canton Township i

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April 27, 1999 1 Mr. Marc A. Simon 140 Echo Glen Drive . -

1 Washington, PA 15301 j i

SUBJECT:

PETITIONING THE U.S. NUCLEAR REGULATORY COMMISSION FOR i RULEMAKING l

Dear Mr. Simon:

j During our public meeting in Washington, PA, on April 16,1999, you requested information concerning the process to request changes to the agency's regulations. Such a request is called a " petition for rulemaking." This process is described in our regulations at 10 CFR 2.802, a copy of which is enclosed. Please note that the contacts for additional information on this process are identified in 10 CFR 2.802(b).

If I can be of any further assistance, please call me at (301) 415-7298.

Sincerely, I

[ Original signed by)

Robert A. Nelson, Chief Special Projects Section l Decommissioning Branch Division of Waste Management Office of Nuclear Material Safety and Cafeguards

Enclosure:

10 CFR 2.802 cc: C. Smith, Canton Township TICKET: N/A DISTRIBUTION: Central File DCB r/f NMSS r/f RJohnson RPerson FCameron RBellamy PUBLIC To receive a copy of this document in small box on "OFC:" line enter: "C" = Copy without attachment / enclosure; "E" = Copy with attachment / enclosure: "N" = No copy P th fi File Name: C:) SIMON-LTR.y/PD OFC NA J.E

,h, D

' RNelson DCk, JWckey p;

DATE Yl27/99 /f'99

/

OFFICIAL RECORD COPY ACNW: YES NO X Category: Proprietray_. or CF Only_

IG : YES ,_. NO 2 LSS : YES _ NO l Delete file after distribution: Yes No X x.

3-l 10 CFR Ch.1 (1-1-98 Edttion) Nuclear Regulofory Commission

$ 2.800 I of persons properly and directly con- ance with the provisions of 59.19 of this may also telephone the Rules Rt cerned to inspect the document. The chapter, and Directives Branch on (301) 41. !

Commission may require information (1) Correspondence and reports to or or toll free on (800) 36b%12 claimed to be a trade secret or privi- from the NRC which contain informa- (1) In any consultation prior leged or confidential conunercial or fi- tion or records concerning a licensee's filing of a petition for rulemaking nancial information to be subject to in- or applicant's physical protection or assistance that may be provided b-spection: (1) Under a protective agree- material control and accounting pro- NRC staff is limited to._

ment, by contractor personnel or gov- gram for special nuclear material not (1) Describing the procedure and otherwise designated as Safeguards In- ess for filing and responding to a ernment officials other than NRC offt- tion for rulemaking; cials; (11) by the presiding officer in a formation or classified as National Se-proceeding; and (iii) under protective curity Information or Restrictd Data. (11) Clarifying an existing NRC I order, by parties to a proceeding, pend. (2) Information submitted in con- lation and the basis for the regula ing a decision of the Commission on fidence to the Commission by a foreign and (iii) Assisting the prospective the matter of whether the information source. (e) The presiding officer, if any, or tioner to clarify a potential petib should be made publicly available or when a decision has been made that the the Commission may, with reference to that the Commission is able to m information should be withheld from the NRC records and documents made stand the nature of the issues of cern to the petitioner.

public disclosure. In camera sessions of available pursuant to this section, hearings may be held when the infor. issue orders consistent with the prov1- (2) In any consultation prior tc filing of a petition for rulemakin mation sought to be withheld is pro- sions of this eest.on an i 12.740(ct providing the assistance permitu duced or offered in evidence. If the [41 FR 11810. Mar. 22.15rl6. as amended at 42 paragraph (bx1) of this sectior Commission subsequently determines FR 12877. Mar. 7.1977; 52 FR 4h% Dec. 31.

that the information should be dis- 1987; 53 FR 17688. May 18.1988) NRC staff will not draft or develch closed, the information and the tran- or alternative approaches to adt script of such in camera session will be Subport H-Rulomoking matters in the prospective petitio:

rulemaking.

made publicly available. (c) Each petition filed under thi'a (c)If a request for withholding pursu- 6 2.NX) Scope of rulemaking.

ant to paragraph (b) of this section is This subpart governs the issuance. tion shall:

denied, the Commission will notify an amendment and repeal of regulations (D Set forth a general solution t<

applicant for withholding of the dental in which participation by interested problem or the subWnce or text or proposed regulatie > amendmen with a statement of reasons. The no- persons is prescribed under section 553 spectfy the reguLt;on which is e tice of denial will specify a time, not of title 5 of the U S. Code ~

less than thirty (30) days after the date revoked or amended'-

of the notice, when the document will 95 Vn 11450. My 17,19% C State clearly and concisely be placed in the Public Document pWtioner's grounds for and intere.

g 97 gg the action requested-Room. If, within the time specified in Rulemaking may be initiated by the the notice, the applicant requests with. Commission (3) Include a statehnent in sup;c at its own instance, on the the petition which shall set fortn' drawal will not ofbethe document placed in the the document Public Docu. recommendation of another agency of f specific issues involved, the tit the United States, or on the petition of er's views or arguments with te pe(

ment Room and will be retarned to the those issuen, relevant technical' applicant: Provided. That information any other interested gerson.

submitted in a rule making proceeding $ 2.802 Petition for rulemaking. entific or other data involved h which subsequently forms the basis for reasonably available to the pet ti the final rule will 1,ot be withheld from (a) Any interested person may peti- and such other Dertinent informs public disclosure by the Co;amission tion the Commission to issue, amecd or as the petitioner deems necessai and will not be returned to the appli- rescind any regulation. The petition support the action sought. In su' of its petition. petitioner should cant after dental of any application for should be addressed to the Secretary, withholding submitted in connection U.S. Nuclear Regulatory Commission. any specific cases of which petit-with that inforn.ation. If a request for Washington, DC 20f45-0001. Attention: is aware where the current rule d withholding pursuant to paragraph (b) Rulemakings and Adjudications Staff. duly burdensome, deficient, or need (b) A prospective petitioner may con- be strengthened.

of this section is granted. the Commis-slon will notify the applicant of its de- sult with the NRC before filing a peti- (d) The petitioner may reques' termination to withhold the informa- tion for rulemaking by writing the Di- Commission to suspend all or an' tica from public disclosure. rector. Freedom of Information and of any licensing proceeding to wt (d) The fo, lowing information shall Publications Services. Office of Admin- the petitioner is a party pending Nuclear Reguh tory position of the petitjon for rulernd be deemed to be commercial or finan- 1stration. U S. (e) If it is determined that the -

cial information within the meanirs of Commission. Washington. DC 20555. At- l 19.17(aH4) of this chapter and shall be tention: Chief, Rules Review and Direc- tion includes the informaMon M by paragraph <ci of this *ction an subject to disclosure only in accord- tives Branch. A prospective petitioner 84 ENCLOSURE

s I

i<

10 CF2 Ch.1 (1-1-98 Edition) Nuclear Regulatory Commission ,

$ 2.802 h the provisions of 59.19 of this may also telephone the Rules Review complete, the Director, Divialen of l l respondence and reports to or and Directives Branch on (301) 415-7158 Freedom of information and Publica- S or toll free on (800) 3684642. tions Services, or designee, will assign t NRC which contain informa- (1) In any consultation prior to the a docket number to the petition, will records concerning a licensee's filing of a petition for rulemaking, the cause the petition to be formally dock- Y)

?

cant's physical protection or assistance that may be provided by the eted, and will deposit a copy of the control and accounting pro- NRC staff is limited to-- ducketed petition in the Commission's I

r special nuclear material not y ie designated as Bafeguards In- (1) Describing the procerture and proc- Public Document Room. Public com- i esa for niing and responding to a peti- ment may be requested by publication in or classified as National Be- tion for rulemaking; 1 formation or Restricted Data. of a nctice of the docketing of the pett- .

(11) Clarifying an existing NRC regu* tion in the FEDERAL REGISTER, or, in formation submitted in con- lation and the basis for the regulation; appropriate cases, may be invited for

o the Commission by a fomign and .

(111) Assisting the prospective peti-the Drat time upon publication in the Sj 4

e presiding officer, if any, or tioner to clarify a potential petition so FEDERAL REGISTER of a proposed rule

. mission may, with reference to that the Commission is able to under* developed in response to the petition' Y records and documents made stand the nature of the issues of con- Publication will be limited by *he re quirements of section 181 of the Atomic e pursuant to this section, cern to the petitioner.

ders consistent with the provi- (2) In any consultation prior to the Energy Act of 1954, as amended, and this section and $2.740(c). filing of a petition for ru*naking, in may be limited by order of the Com-mih h[I' 3h 2 F ' c 1 aph (bXI f his 8 e on t (f) I it is determined by the Execu-N 17688* May 18* 1988j NRC staff will not draft or develop text tive Director for Operations that the or alternative approaches to addreas petition does not include the informa- y ubPO11 H-Rulemokin9 matters in the prospective petition for ti n required by paragraph (c) of this _f rulemaking. section and is incomplete, the peti-Scope of rulemaking, (c) Each petition filed under this sec- tioner will be notined of that deter- I tion shall, mination and the respects in which the 7 subpart governs the issuance, - 4 lent and repeal of regulations (3) g,g 7 orth a general solution to the petition is deficient and will be ac- Y problem or the substance or text of any corded an opportunity to submit addi- M

h participation by interested is prescribed under section 553 proposed regulation or amendr.2ent, or tional data. Ordinarily this determina- '

5 of the U.S. Code. specify the regulation which is to ae tion will be made within 30 days from revoked or amended; the date of receipt of the petition by ,

l 450 July 17,19701 (2) State clearly and concisely the the Ofnce of the Secretary of the Com- J l petitioner's grounds for and interest in mission. If the petitioner does not sub- l Initiation of ruh, making. the action requested; mit additional data to correct the defi-  !

naking may be initiated by the (3) Include a statement in support of ciency within 90 days from the date of salon at its own instance, on the ths petition which shall set forth the notification to the petitioner that the tendation of s,nother agency of speelfic issues involved, the petition, petition is incomplete, the petition ted States, or on the petition of er's views or arguments with respect to may be returned to the petitioner with- (m

.er interested person. those issues, relevant technical, sci. out prejudice to the right of the peti-entinc or other data involved which is tioner to file a new petition.

)

Petition for rulemaking. reasonably available to the petitioner, (g)The Director Division of Freedom ,'f i

ny interested person may pett- and such other pertinent information of Information and Publications Serv- i a Ommission to issue, amend or as the petitioner deems necessary to ices, Office of Administration, will pre-any regulation. The petition support the action sought. In support pare on a semiannual basis a summary (

be addressed to the Secretary, of its petition, petitioner should note of petitions for rulemaking before the 3 y

aclear Regulatory Commission, any specific cases of which petitioner Commission, including the status of g gton, DC 20555 4 001, Attention: is awa.re where the current rule is un- each petition. A copy of the report will i things and Adjudications Staff. duly burdensome, deficient, or needs to be available for public inspection and prospective petitioner may con- be strengthened. copying for a fee in the Commission's },

d th ths NRC before illing a peti- (d) The petitioner may request the Public Document Room,2120 L Street, r rulemaking by writing the Di- Commission to suspend all or any part NW., Washington, DC. [,

7 Freedom of Information and of any licensing proceeding to which ttions Services, Office of Admin- the petitioner is a party pendirc dis- 144 FR 61322. Oct. 25,1979, as amended at 46 $

m. U.S. Nuclear Regulatory position of the petition for rulemaking* FR 35487 July 9,1981; $2 FR 31800 Aug. 21, 1987; 53 FR 52993, Dec. 30,1988; 54 FR 53315.  %

salon, Washington, DC 20555, At- (e) If it is determined that the peti- Dec. 28.1989; 56 FR 1(n80, Mar.12.1991; 50 PR I0 t: Chief, Rules Review and Direo- tion includes the information required 44895. Aug. 31,1994; 59 FR do5$2, Nov. 25,1994; tranch. A prospective petitioner by paragraph (c) of this section and is 62 FR 27495 May 20,1977) -

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