ML20266G456

Rulemaking Approach

ML20266G456
Person / Time
Issue date:	09/30/2020
From:	Mary Anderson NRC/NMSS/DREFS/RASB
To:
Anderson M 301-415-7126
Shared Package
ML20266G431	List: ML20266G456 ML20266G457
References
Download: ML20266G456 (2)

Text

Rulemaking Approach Pre-Rulemaking Notice and Comment Rulemaking Project Initiation:

Rulemaking Plan* Informing the Rulemaking Proposed Rule* Final Rule*

• Required for most

• Published for

• Amends the new rulemakings Public Involvement public comment Code of Federal Regulations and

• Defines scope, Performance

• Presents basis for establishes the approach,

• Preliminary Rule Text* Based proposal and implementation resource needs explains date

• Advanced Notice of how/why it

• Ensures early Public Input Proposed Rulemaking* resolves the Considered

• Responds to all Commission Risk Refined Informed identified need in-scope public engagement

• Public Meeting(s) Informed Approach by Public comments before significant Input

• Includes a resource

• Regulatory Basis* Regulatory

• Explains any expenditures Analysis changes in the Note: Tools may be selected depending on final rule from Technically

• Delegated issue complexity Sound the proposed signature rule and why authority* those changes were made.

Changes are non-controversial Significant Adverse Comments Direct Final Rule*

• Requires Commission Consider Are Not Anticipated Approval Apply Principles of Good Regulation

Rulemaking Approach Notice and Comment Rulemaking Factors which may impact Rulemaking complexity

• Congressional interest

• Agreement State compatibility

• Number of CFR Parts affected

• International and voluntary consensus standards

• Commission interest

• Technical complexity

• Interagency involvement

• Stakeholder interest

• Backfit considerations

• Interagency coordination Key References

• 10 CFR Part 2, Agency Rules of Practice and Procedure, Subpart H,

• Staff Requirements Memorandum (SRM)-SECY-15-0129, Commission Rulemaking Involvement in Early States of Rulemaking (ML16034A441)

• Management Directive 3.54, NRC Information Collections Program

• SRM COMSECY-16-0029, Final Rulemaking Plan Template (ML19030A940)

• Management Directive 5.3, Agreement State Participation in Working

• Statement of Principles and Policy for the Agreement State Program; Policy Groups Statement on Adequacy and Compatibility of Agreement State Programs (62 FR 46517; September 3, 1997)

• Management Directive 6.3, The Rulemaking Process

• NRC Public Web sites:

• Management Directive 9.3, Organization and Functions, Advisory Committee o How We Regulate on Reactor Safeguards o The Rulemaking Process

• NUREG/BR-0053, U.S. NRC Regulations Handbook o Rules and Petitions o Planned Rulemaking Activities

• NUREG/BR-0058, Regulatory Analysis Guidelines of the U.S. Nuclear Regulatory Commission o Rulemaking Documents Point of Contact Rulemaking Center of Expertise:

Rulemaking.Resource@nrc.gov (email)

Rulemaking Contact Us Page (Web site)