ML22349A003

2.206 Petition Request Regulatory Texts and Amendments (C-10 Petition on Seabrook)

ML22349A003
Person / Time
Issue date:	12/15/2022
From:	James Kim Plant Licensing Branch II
To:
Buckberg P
References
2.206 Petition
Download: ML22349A003 (1)

Text

12/11/22, 3:27 PM

§ 2.206 Requests For Action Under This Subpart. l NRC.gov https://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0206.html 1/1

§ 2.206 Requests for action under this subpart.

(a) Any person may file a request to institute a proceeding pursuant to § 2.202 to modify, suspend, or revoke a license, or for any other action as may be proper. Requests must be addressed to the Executive Director for Operations and must be filed either by hand delivery to the NRC's Offices at 11555 Rockville Pike, Rockville, Maryland; by mail or telegram addressed to the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or by electronic submissions, for example, via facsimile, Electronic Information Exchange, e-mail, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRCs Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. The request must specify the action requested and set forth the facts that constitute the basis for the request. The Executive Director for Operations will refer the request to the Director of the NRC office with responsibility for the subject matter of the request for appropriate action in accordance with paragraph (b) of this section.

(b) Within a reasonable time after a request pursuant to paragraph (a) of this section has been received, the Director of the NRC office with responsibility for the subject matter of the request shall either institute the requested proceeding in accordance with this subpart or shall advise the person who made the request in writing that no proceeding will be instituted in whole or in part, with respect to the request, and the reasons for the decision.

(c)(1) Director's decisions under this section will be filed with the Office of the Secretary. Within twenty-five (25) days after the date of the Director's decision under this section that no proceeding will be instituted or other action taken in whole or in part, the Commission may on its own motion review that decision, in whole or in part, to determine if the Director has abused his discretion. This review power does not limit in any way either the Commission's supervisory power over delegated staff actions or the Commission's power to consult with the staff on a formal or informal basis regarding institution of proceedings under this section.

(2) No petition or other request for Commission review of a Director's decision under this section will be entertained by the Commission.

(3) The Secretary is authorized to extend the time for Commission review on its own motion of a Director's denial under paragraph (c) of this section.

[39 FR 12353, Apr. 5, 1974, as amended at 42 FR 36240, July 14, 1977; 45 FR 73466, Nov. 5, 1980; 52 FR 31608, Aug. 21, 1987; 53 FR 43419, Oct. 27, 1988; 64 FR 48948, Sept. 9, 1999; 68 FR 58799, Oct. 10, 2003; 69 FR 2236, Jan. 14, 2004; 69 FR 41749, July 12, 2004; 70 FR 69421, Nov. 16, 2005; 72 FR 33386, Jun. 18, 2007; 74 FR 62679, Dec. 1, 2009; 80 FR 74978, Dec. 1, 2015]

Page Last Reviewed/Updated Monday, July 30, 2018

RULES AND RÉGULATIONS 12353 Stat. 911; (49 U.S.C. 1(10-17), 15(4), and 17(2)))

It is further ordered, That a copy of this order shall be served upon the Asso ciation of American Railroads, Car Serv ice Division, as agent of all railroads sub scribing to the car service and car hire agreement under the terms of that agreement, and upon the American Short Line Railroad Association; and that notice of this order be given to the general public by depositing a copy in the Office of the Secretary of the Commis sion at Washington, D.C., and by filing it with the Director, Office of the Federal Register.

By the Commission, Railroad Service Board.

[ seal]

Joseph M. H arrington, Acting Secretary.

[PR Doc.74-7906 Filed 4-4-74;8:45 am]

[S.O. 1181]

PART 1033 CAR SERVICE St. Louis-San Francisco Railway Co.

At a session of the Interstate Com merce Commission, Railroad Service Board, held in Washington, D.C., on the 1st day of April, 1974.

It appearing, that the St. Louis-San Francisco Railway Company (SL-SF), is unable to operate over its line between Enid, Oklahoma, and Arkansas City, Kansas, because of extensive damage from flooding; that The Atchison, To peka, and Santa Fe Railway Company (ATSF) has consented to the use of its lines between Perry, Oklahoma, and Arkansas City, Kansas, and between Ponca City, Oklahoma, and Blackwell, Oklahoma, by the SL-SF; that use of the aforementioned ATSF tracks by the SL-SF will enable the SL-SF to restore service on a portion of its damaged line; that operation by the SL-SF over the aforementioned tracks of the ATSF is necessary in the interest of the public and the commerce of the people; that notice and public procedure herein are impracticable and contrary to the public interest; and that good cause exists for making this order effective upon less than thirty days notice.

It is ordered, That:

§ 1033.1181 Service Order No. 1181.

(a) St. Louis-San Francisco Railway Company authorized to operate over tracks of the Atchison, Topeka and Santa Fe Railway Company. The St. Louis-San Francisco Railway Company (SL-SF) be, and it is hereby, authorized to operate over tracks of The Atchison, Topeka and Santa Fe Railway Company (ATSF),

between Perry, Oklahoma, and Arkansas City, Kansas, a distance of approximately 58.2 miles, and between Ponca City, Ok lahoma, and Blackwell, Oklahoma, a dis tance of approximately 16 miles.

(b) Application. The provisions of this order shall apply to intrastate, interstate, and foreign traffic.

(c) Rates applicable. Inasmuch as this operation by the SL-SF over tracks of the ATSF is deemed to be due to carrier's disability, the rates applicable to traffic moved by the SL-SF over these tracks of the ATSF shall be the rates which were applicable on the shipments at the time of shipment as originally routed.

(d) Effective date. This order shall be come effective at 12:01 a.m., April 1, 1974.

(e) Expiration date. The provisions of this order shall expire at 11:59 p.m., De cember 31, 1974, unless otherwise modi fied, changed, or suspended by order of this Commission.

(Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, 384, as amended; (49 U.S.C. 1, 12, 15, and 17 (2 )). Interprets or applies Secs. 1(10-17),

15(4) and 17(2), 40 Stat. 101, as amended, 54 Stat. 911; (49 U.S.C. 1(10-17), 15(4), and 17(2)))

It is further ordered, That copies of this order shall be served upon the As sociation of American Railroads, Car Service Division, as agent of the rail roads subscribing to the car service and car hire agreement under the terms of that agreement, and upon the American Short Line Railroad Association; and that notice of this order shall be given to the general public by depositing a copy in the Office of the Secretary of the Com mission at Washington, D.C., and by fil ing it with the Director,, Office of the Federal Register.

By the Commission, Railroad Service Board.

[ seal]

R obert L. Oswald, Secretary.

[PR Doc.47-7904 Piled 4-4-74;8:45 am]

Title 10 Energy CHAPTER I ATOMIC ENERGY COMMISSION PART 2 RULES OF PRACTICE Requests To Impose Requirements by Order on a Licensee, or To Modify, Sus pend or Revoke a License The Atomic Energy Commission has adopted amendments to its Rules of Practice in 10 CFR Part 2, that make specific provision for members of the public to request the Director of Regu lation to institute a proceeding to mod ify, suspend or revoke a license, or take such other action as may be proper. Un der existing rules such requests are not precluded, though there is no specific provision therefor. The purpose of the amendments is to provide a procedure for the submittal of such requests to the Director of Regulation.

The amendments add new § 2.206 that provides for the filing of a request ad dressed to the Director of Regulation to modify, suspend or revoke a license, or take such action as may be proper.

Upon the filing of such a request, the Director of Regulation may institute the requested proceeding, or advise the per son who filed the request that no pro ceeding will be instituted and the reasons therefor.

Unless otherwise directed by the Com mission, any request for modification, suspension or revocation of a license, or for other like action, will be referred to the Director of Regulation and proc essed pursuant to new § 2.206.

Pursuant to the Atomic Energy Act of 1954, as amended, and sections 552 and 553 of Title 5 of the United States Code, the following amendments to Title 10, Chapter I, Code of Federal Regula tions, Part 2 are published as a docu ment subject to codification.

1. Paragraph (a) of § 2.200 of 10 CFR Part 2 is amended to read as follows:

§ 2.200 Scope of subpart.

(a)

This subpart prescribes the pro cedures in cases initiated by the regula tory staff, or upon a request by any per son, to impose requirements by order on a licensee or to modify, suspend, or re voke a license, or for such other action as may be proper.

2. A new § 2.206 is added to 10 CFR Part 2 to read as follows:

§ 2.206 Requests for action under this subpart.

(a) Any person may file a request for the Director of Regulation to institute a proceeding pursuant to § 2.202 to modify, suspend or revoke a license, or for such other action as may be proper.

Such a request shall be addressed to the Director of Regulation and shall be filed either (1) by delivery to the Public Doc ument Room at 1717 H Street NW.,

Washington, D.C., or (2) by mail or tele gram addressed to the Director of Regu lation, U.S. Atomic Energy Commission, Washington, D.C. 20545. The requests shall specify the action requested and set forth the facts that constitute the basis for the request.

(b) Within a reasonable time after a request pursuant to paragraph (a) of this section has been received, the Direc tor of Regulation shall either institute the requested proceeding in accordance with this subpart or shall advise the per son who made the request in writing that no proceeding will be instituted in whole or in part, with respect to his re quest, and the reasons therefor.

Effective date. The foregoing amend ments become effective on April 5, 1974.

(Sec. 161, Pub. L.83-703, 68 Stat. 948 (42 US.C. 2201))

Dated at Germantown, Md., this 1st day of April 1974.

For the Atomic Energy Commission.

P aul C. Bender, Secretary of the Commission.

[PR Doc.74-7842 Filed 4r-4-74;8:45 am]

CHAPTER II FEDERAL ENERGY OFFICE PART 210 GENERAL ALLOCATION AND PRICE RULES PART 212 MANDATORY PETROLEUM ALLOCATION REGULATIONS Definition of "Covered Products" The price regulations of the Federal Energy Office, which were adopted from FEDERAL REGISTER, VOL. 39, N O. 67 FRIDAY, APRIL 5, 1974

RULES AND REGULATIONS deemed necessary to determine whether the cooperative and its member cooper atives, if any, are operating or have operated in accordance with the regula tions in this subpart, their articles of in corporation or association, bylaws, agree ments with producers, representations made by the cooperative in its applica tion for approval, and, where applicable, its agreements with CQC.

§ 1425.19 Determination of eligibility.

The determination under this subpart of a cooperative marketing associations eligibility to obtain price support shall be made by the Executive Vice President, CCC, or his designee.

§ 1425.20 Substantial compliance.

(a) Conditional approval. Notwith standing the foregoing-provisions of this part, if the Executive Vice President, CCC, or his designee, determines that a cooperative has not met all of the eligibility requirements of this subpart but has substantially complied with such requirements, or has met substantially all such requirements, he may approve the cooperative for participation in the price support program if the cooperative agrees in writing to meet all of the eligibility requirements of this subpart prior to the beginning of the marketing year for which approval is then being sought. Board resolutions agreeing to comply with provisions of this sufopart may be accepted by the Executive Vice President, CCC, as substantial com pliance with such provisions for pur poses of this section. Any approved cooperative which, without fault or negligence, fails to comply with require ments of this subpart which can be met for the current marketing year only by calling a special membership meeting may continue to be approved for par ticipation in the price support program for the current marketing year, if it agrees to undertake to have its members at its next regular membership meet ing take the action necessary to comply with such program requirements.

(b) Interim approval. For 1977 crop participation, the Executive Vice Presi dent, CCC, or his designee, may grant an interim approval to a cooperative making initial application. An interim approval may be granted when time re quired for processing applications will delay a cooperative obtaining approval m time to provide for maximum utiliza tion of the price support program. An mterim approval may be granted only if the directors of the applicant coopera tive furnish a resolution agreeing to com ply with all requirements of the regula tions when notified of any deficiencies. A cooperatives interim approval shall be terminated if it fails to take action nec essary to fully comply when notified of deficiencies. Time allowed for correction nf-i no^ excee<f 60 days from date of notification unless the cooperative estab-ishes to the satisfaction of the Execu-t^V ice President, CCC, or his designee, nat additional time is needed. In the yent an interim approval is terminated and cooperative has loans outstand-S. CCC shall have the right to mature such loans not earlier than 10 days from the date of notice of termination. If the cooperative has loans outstanding, such loans shall be redeemed not later than such maturity date or title to the com modity shall, without a sale thereof, vest in CCC, and CCC shall have no obliga tion to pay for any market value the commodity may have in excess of the amount of the loans, plus interest and charges.

§ 1425.21 Definitions.

(a) Person. As used in this subpart the term person shall have the meaning of such terms as defined in the regulations pertaining to Reconstitution of Farms and Allotments, Part 719 of this title and any amendments thereto.

(b) Active member. The term active member shall mean a member of a co operative who has utilized the services offered by a cooperative for marketing his commodity or purchasing production supplies for his farming operation in one of the three preceding crop years or such shorter period as may be provided in the cooperatives articles of incorpora tion or bylaws.

No t e.The Commodity Credit Corporation has determined that this document does not contain a major proposal requiring prepara tion of an Inflation Impact Statement under Executive Order 11821 and OMB Circular A-107.

Signed at Washington, D.C., on July 6, 1977.

K e is t e r N. Ad a ms, Acting Executive Vice President, Commodity Credit Corpora tion.

l PR Doc.77-20228 Filed 7-13-77; 8 45 aml Title 10 Energy CHAPTER I NUCLEAR REGULATORY COMMISSION PART 2 RULES OF PRACTICE Petitions for Review of Directors Denial of Enforcement Requests AGENCY: Nuclear Regulatory Commis sion.

ACTION: Final rule.

SUMMARY

This amendment to the Commissions rules of practice provides procedures under which the Commission may, on its own motion, review a Direc tors decision denying a request to in stitute enforcement proceedings in order to determine whether the Director has abused his discretion. The amendment also makes clear that the Commission will not entertain petitions for Commis sion review of a Directors denial of en forcement requests. Prior to this amend ment, the Commissions rules contained no provisions respecting review of such denials although the Commissioh has on several occasions conducted such re views. The amendment sets out proce dures which will give the Commission an opportunity to determine whether or not to institute a review of a Directors de cision on its own motion.

EFFECTIVE DATE: August 15, 1977.

36239 FOR FURTHER INFORMATION CON TACT:

Martin G. Malsch, Office of the Execu tive Legal Director, U.S. Nuclear Reg ulatory Commission, Washington, D.C.

20555, phone 301-492-7203.

SUPPLEMENTARY INFORMATION:

Under 10 CFR 2.206 of the Commissions rules of practice, any person may request that the Directors of the Offices of Nu clear Reactor Regulation, Nuclear Ma terial Safety and Safeguards, or Inspec tion and Enforcement institute a pro ceeding to modify, suspend, or revoke a license or take other enforcement action.

When such requests are received, the affected licensee or permittee is notified, and a notice of receipt of the request is published in the F e de r a l R e g is t e r. This process is followed except for those occa sional requests that so obviously lack merit that a more abbreviated procedure may appropriately be followed.

If the request is granted and the li censee or permittee protests, the result ing contested proceeding will be heard by an Atomic Safety and Licensing Board or Administrative Law Judge and will eventually be subject to Atomic Safety and Licensing Appeal Board and Com mission review. If, on the other hand, the request is denied, the requester is always provided by the Office Director with a written detailed statement explaining the reasons for denial. The Commissions rules make no provision for review of Directors decisions. However, in three instances the Commission has in fact re viewed denials of enforcement requests.

Licensees Authorized to Possess or Transport Strategic Quantities of Spe cial Nuclear Materials, 5 NRC 16 (1977),

Consolidated Edison Company of New York, Inc. (Indian Point, Units 1, 2 and 3), 2 NRC 173 (1975), Consumers Power Company (Midland Plant, Units 1 and 2), 6 AEC 1082 (1973). Requests for Commission review of the Directors denial of enforcement action regarding the Bailly plant are presently before the Commission.

The Commission has decided that fur ther petitions seeking Commission re view of Directors denials under 10 CFR 2.206 will not be entertained. The Com mission will continue to receive copies of Directors decisions under 10 CFR 2.206 and retains the power to review Directors denials sua sponte, in whole or part. The amendment to 10 CFR 2.206 set forth below is intended to codify this Commission decision. Under the amendment, any sua sponte review by the Commission would be conducted within 20 days of the Directors denial, unless the time is extended by the Com mission. This sua sponte review power does not limit in any way either the Commissions supervisory power over delegated Staff authority under 10 CFR 2.206, or the Commissions power to con sult with the Staff on a formal or in formal basis regarding initiation of pro ceedings under 10 CFR 2.206.

Because this amendment relates solely to matters of agency procedure, notice of proposed rulemaking and public pro cedure thereon are not required by sec-FEDERAL REGISTER, VOL. 4 2, NO. 135 THURSDAY, JULY 14, 1977

36240 RULES AND^ REGULATIONS tion 553 of Title 5 of the United States Code.

Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and sections 552 and 553 of Title 5 of the United States Code, the following amendment to Title 10, Chap ter I, Code of Federal Regulations, Part 2, is published as a document subject to codification.

1.

Section 2.206 of 10 CFR Part 2 is amended by adding a new paragraph (c) to read as follows

§ 2.206 Requests for action under this subpart.

(c)

(1) Directors decisions under this section will be filed with the Office of the Secretary. Within twenty (20) days after the date of a Directors decision under this section that no proceeding will, be instituted or other action taken in whole or in part, the Commission may on its own motion review that decision, in whole or in part, to determine if the Director has abused his discretion. This review power does not limit in any way either the Commissions supervisory pow er over delegated Staff actions or the Commissions power to consult with the Staff on a formal or informal basis re garding institution of proceedings under this section.

(2)

No petition or other rtequest for Commission review of a Directors deci sion under this section will be entertained by the Commission.

Effective date This amendment be comes effective on August 15, 1977.

(Secs. 161, 186, Pub L.83-703, 68 Stat. 948, 955, as amended (42 U.S.C. 2201, 2236); secs. 201, as amended, 206, Pub L.93-438, 88 Stat.

1242, 1246, Pub L 94-79, 89 Stat. 413 (42 U.S.C 5841, 5846) )

Dated at Washington, D.C., this 7th day of July 1977.

For the Nuclear Regulatory Commis sion.

Sa mu e l J. Ch i l k,

Secretary of the Commission.

lFR Doc.77-20001 Filed 7-13-77;8:45 am]

PART 35 HUMAN USES OF BYPRODUCT MATERIAL Specific Licenses to Individual Physicians and Institutions AGENCY : Ü.S. Nuclear Regulatory Com mission.

ACTION; Final rule

SUMMARY

The Nuclear Regulatory Commission is amending its regulations to require most medical institutions to be licensed for the use of radioactive material in the institution, rather than the individual physician using the radio active material. Problems of administer ing multiple licenses at the same institu tion created the need for the rule change.

The intended effect of the action is to require medical institutions to be respon sible for the protection of all staff, pa tients,' and members of the public who may come within range of radiation from its activities.

EFFECTIVE DATE; August 15, 1977.

FOR FURTHER INFORMATION CON TACT:

Edward Podolak, Office of Standards Development, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, phone 301-443-6910.

SUPPLEMENTAL INFORMATION: On March 3, 1977, the Nuclear Regula tory Commission (NRC) published a pro posed rule (42 FR 12185) to amend its regulations in § 35.12 to limit the grant ing of individual physician licenses to a physician or group of physicians in pri vate practice in an "office outside of an institution. The effect of this rule dhange is to require medical institutions, now operating nuclear medicine programs under individual physician licenses, to be licensed as institutions under § 35.11 at the time of expiration of the individual physician licenses obtained under § 35.12.

Under current NRC regulations, the NRC issues licenses for human use of radioactive (byproduct) material (1) to medical institutions, (2) to physicians for practice in offices outside of medical in stitutions and (3) to some physicians for practice within medical institutions.

The current regulations are not clear as to when it is appropriate for a physician practicing at an institution to hold the license and when the institution should hold it. As a consequence, the physician alone holds the license in some cases (260), the hospital in other cases (1450),

and both the hospital and the physician in still others (90). Regulatory enforce ment problems might arise when both the hospital and the individual physi cian practicing therein hold a license or when several physicians practicing in a hospital hold individual licenses. For regulatory purposes, if workers or visitors are overexposed to radiation, it may be difficult to pin-point primary responsi bility for the improper practices. Is the licensed hospital or the licensed physi cian responsible? If two physicians hold licenses, is one physician responsible or are both physicians responsible? This failure to establish clear lines of respon sibility may result in the omission of nec essary safety procedures or the assertion of conflicting procedureseither condi tion may generate avoidable radiological hazards.

This rule change is based on the con cept that when radioactive material is used on the premises of a medical insti tution, the institution and not the au thorized physicians should hold the NRC license. In the NRC institutional license the individual physicians are designated by name as the authorized users of by product material in the institution. This rule change will not affect medical insti tutions (or physicians designated as in dividual users in medical institutions) that already hold an NRC license.

Neither would the proposed change affect physicians who hold NRC licenses for practice in their offices outside of medical institutions.

The rule change will have a minimal effect on physicians who hold individual NRC licenses that currently authorize practice in an institution. In order for such a physician to continue to practice nuclear medicine in a medical institution he will have to be named on the institu tions license by the time his individual physician license expires. At the expira tion of the individual physician license, th Commission will not renew author ization for practice within a medical in stitution. Medical institutions that al ready hold an institution license are en couraged to add the names of individual physicians to their institution license immediately, rather than wait until the physicians individual license expires.

The proposed rule change, in effect, pro vides that institutional licenses and indi vidual physician licenses are mutually exclusive.

Seven of the 15 letters received in re sponse to the proposed rule were favor able. Seven letters objected to the pro posed rule in whole or in part and one letter discussed a point that was beyond the scope of the proposed rule but will be considered by the NRC for rule mak ing action in the future.

D is c u s s i o n o f Ma j o r Co mme nt s INDIVIDUAL VS. INSTITUTIONAL RESPONSIBILITY One commenter stated that greater ac countability is provided by individual li censures since the licensee is responsible and must provide adequate safety regu lations under existing hospital rules and regulations. He further stated that the accountability is diluted with a commit tee on safety composed of a number of members meeting at irregular intervals in a monitoring group and continued ad ministration is better provided by indi vidual licensing within the bylaws, rules, and regulations of the hospital.

Under NRC regulations, both for med ical institution licenses and individual physician licenses, the day-to-day re sponsibility for the proper use of radio active materials rests with the physician supervising the radioisotope procedures.

Under an NRC institutional license, the licensee must appoint a medical isotopes committee. The individual physician li cense does not require appointment of a medical isotopes committee either for

. practice in a private office or in an insti tution. Institutional responsibility is as clearly focused under the institution li cense as the individual physician respon sibility under the physician license. The medical isotopes committee assists the physicians and the institutions manage ment in structuring and administering a safe and effective nuclear medicine pro gram. This assistance helps to assure that NRC regulations will be observed but does not transfer ultimate responsibility for compliance with the regulations from the institution to the medical isotopes com mittee.

MORE COMMENTS ON MEDICAL ISOTOPES COMMITTEE Two comments were received concern ing the effect on smaller-or interm edi-FEDERAL REGISTER, VOL. 4 2, NO. 135 THURSDAY, JULY 14, 1977

Rules and Regulations Federal Register Voi. 45, No. 216 Wednesday, November 5, 1980 73465 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

Prices of new books are listed in the first FEDERAL REGISTER issue of each month.

DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 371 Organization, Functions and Delegations of Authority a g e n c y : Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

s u m m a r y : This document revises the statement of organization of the Animal and Plant Health Inspection Service by adding five regional offices in the field organization of APHIS under the supervision of the Deputy Administrator, Veterinary Services.

Regional supervision previously was provided through five regional directors located at 6505 Belcrest Road, Hyattsville, MD 20782.

EFFECTIVE DATE: November 5,1980.

FOR FURTHER INFORMATION CONTACT:

John C. Frey, Animal and Plant Health Inspection Service, U.S. Department of Agriculture, Washington, D.C. 20250 (202-447-5335 or 301-436-6466).

SUPPLEMENTARY INFORMATION: At the time the statement of organization, functions, and delegations of authority for APHIS was first codified into 7 CFR 371, (45 FR 8564), regional offices were not established for Veterinary Services.

Supervision of field activities was provided by five regional directors located in Hyattsville, MD. Now, regional officies have been established as set forth in this document.

This rule relates to internal agency management and, therefore, pursuant to 5 U.S.C. 553 it is found upon good cause that notice and other public procedure with respect thereto are impractical and contrary to the public interest, and good cause is found for making this rule effective less than 30 days after publication in the Federal Register.

Further, since this rule relates to internal agency management it is exempt from the provisions of Executive Order 12044 Improving Government Relations, and thus, does not require the preparation of a regulatory impact analysis.

Accordingly, 7 CFR Part 371 is amended as follows:

1.

Section 371.1 is amended by revising paragraph (c)(2), to read as follows:

§ 371.1 General statement.

(c)* * *

(2)

Veterinary Services Laboratories National Veterinary Services Laboratories, P.O. Box 884, Ames, IA 50010 Regions North Central: 2490 W. 26th Avenue, Rm 236, Denver, CO 80211 Northern: Bldg. 12, GSA Depot, Scotia, NY 12302 Southeastern: 700 Twiggs St., Rm 821, Tampa, FL 33602 South Central: Texas and Pacific Bldg.,

Suite 310, 221 W. Lancaster Avenue, Ft. Worth, TX 76102 Western: 245 E. Liberty St., Rm 300, Reno, NV 89501 Authority: 5 U.S.C. 301.

Issued at Washington, D.C., this 28th day of October 1980.

Harry C. Mussman, Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 80-34434 Filed 11-4-80; 8:45 am]

BILLING CODE 3410-34-M NUCLEAR REGULATORY COMMISSION 10 CFR Part 2

' Rules of Practice for Domestic Licensing Proceedings AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Commission is amending its rules of practice to conform the time permitted under 10 CFR 2.206(c) and 2.786(a) with its revised internal operating procedures which provide that the Commissioners have ten (10) working days to review the decision of the appropriate Office Director or of the Appeal Board and the advice of the General Counsel.

EFFECTIVE DATE: November 5,1980.

FOR FURTHER INFORMATION CONTACT:

Mark E. Chopko, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555, 202/634-3224.

SUPPLEMENTARY INFORMATION: NRC regulations provide that the Commission may decide to review, on its own motion, a decision of the Appeal Board within thirty (30) days of the decision or after a petition for review is filed, whichever is later. 10 CFR 2.786(a), as amended 45 FR 45890 (July 8,1980). In addition, § 2.206(c) provides that the Commission may decide to review a Directors decision within twenty (20) days of the decision. In both instances the time had been divided between review of the matter by the Office of the General Counsel in order to advise the Commissioners on a proposed course of action and consideration of the matter by the Commission. The Commission has recently adopted a revised set of internal operating procedures that now would provide ten (10) working days for Commissioner action. In order both to provide for adequate review in the Office of the General Counsel and to provide sufficient time for Commission consideration in conformance with the new operating procedures, the Commission has decided to amend its rules to add additional time for consideration of such decisions.

Section 2.786(a) will be amended to provide forty (40), instead of the existing thirty (30), days for Commission consideration of Appeal Board decisions on its own motion. This change does not affect the rest of § 2.786(a) including the recent amendment. 45 FR 45890. In addition, § 2.206(c)(1) will be amended to provide twenty-five (25), instead of the existing twenty (20), days for Commission consideration of a Directors decision.

Because this amendment relates solely to matters of agency procedure, notice of proposed rulemaking and public procedure thereon are not required by section 553 of Title 5 of the United States Code and shall be omitted from this proceeding. As rules applying only to internal agency procedure, these

73466 Federal Register / Vol. 45, No. 216 / W ednesday, November 5, 1980 / Rules and Regulations final rules will be effective November 5, 1980.

Accordingly, pursuant to the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and sections 552 and 553 of Title 5 of the United States Code, the following amendment to Title 10, Chapter I, Code of Federal Regulations, Part 2, is published as a document subject to codification:

1. Section 2.206(c)(1) is revised to read as follows:

§ 2.206 Requests for action under this subpart.

(c)(1) Directors decisions under this section will be filed with the Office of the Secretary. Within twenty-five (25) days after the date of the Directors decision under this section that no proceeding will be instituted or other action taken in whole or in part, the Commission may on its own motion review that decision, in whole or in part, to determine if the Director has abused his discretion. This review power does not limit in any way either the Commissions supervisory power over delegated staff actions or the Commissions power to consult with the staff on a formal or informal basis regarding institution of proceedings under this section.

2. Section 2.786(a) is revised to read as follows:

§ 2.786 Review of decisions and actions of an Atomic Safety and Licensing Appeal Board.

(a)

Within forty (40) days after the date of a decision or action by an Atomic Safety and Licensing Appeal Board under § 2.785, or within thirty (30) days after a petition for review of such decision or action has been filed under paragraph (b) of this section, the Commission may, in cases of exceptional legal or policy importance, review the decision or action on its own motion.

(Sec. 161p Pub. L. No.83-703, 68 Stat. 948 (42 U.S.C. 2201); Sec. 201, as amended, Pub. L.

No.93-438, 88 Stat. 1243 (42 U.S.C. 5841))

Dated at Washington, DC, this 29th day of October 1980.

For the Commission.

Samuel). Chilk, Secretary o f the Commission.

[FR Doc. 80-34293 Filed 11-4-80; 8:45 am]

BILUNG CODE 759O-01-M FEDERAL HOME LOAN BANK BOARD 12 CFR Part 563

[No. 80-656]

Technical Amendment Regarding NOW Accounts October 23,1980.

AGENCY: Federal Home Loan Bank Board.

a c t io n : Final regulation.

SUMMARY

Pursuant to titles 111 and IV of the Depository Institutions Deregulation and Monetary Control Act of 1980, the Federal Home Loan Bank Board adopted on September 30,1980 regulations authorizing Federal associations to issue negotiable order of withdrawal (NOW) accounts. This resolution adopts a technical amendment to those regulations that conforms requirements for Federal and other FSLIC-insured institutions with regard to NOW account forms.

EFFECTIVE DATE: December 31,1980.

FOR FURTHER INFORMATION CONTACT:

Michael D. Schley (202-377-6444), Office of General Counsel, Federal Home Loan Bank Board, 1700 G Street, N.W.,

Washington, D.C. 20552.

SUPPLEMENTARY INFORMATION: At present, only Federal associations in New England, New York and New Jersey are permitted to offer negotiable order of withdrawal (NOW) accounts to depositors. Title III of the Depository Institutions Deregulation and Monetary Control Act of 1980 (Pub. L. No.96-221; 94 Stat. 132 (1980)) extends this authority to Federal associations nationwide as of December 31,1980. By Resolution No.80-613 of September 30, 1980 (45 FR 66781, October 8,1980), the Federal Home Loan Bank Board adopted final regulations that implement this NOW account authority.

As part of Resolution No.80-613, the Board amended 12 CFR 545.2(b) so that Federal associations will not be required to issue passbooks or certificates as evidence of ownership of NOW accounts. The purpose underlying this amendment was to place Federal associations on an equal footing in this regard with other depository institutions issuing draft-type instrument accounts.

The amendment to § 545.2(b) inadvertently resulted in inequitable treatment of Federal and State associations with regard to prior approval of account forms. Section 545.2(b) requires that Federal associations issue certificate forms that are prescribed by the Board; the exemption of NOW accounts from these provisions abolished the only requirement of prior approval of NOW account forms issued by Federal associations. However, the provisions of 12 CFR 563.1 requiring the Federal Savings and Loan Insurance Corporations prior approval of account forms issued by insured State institutions remain in effect and are applicable to NOW accounts.

The Board has therefore resolved to amend § 563.1 to exempt forms for NOW accounts issued by insured State institutions from the requirement of prior approval by the Federal Savings and Loan Insurance Corporation. This will result in equal treatment of Federal and insured State institutions under the regulations, and will conform the Boards rule on NOW account form requirements to those of the Board of Governors of the Federal Reserve and the Federal Deposit Insurance Corporation.

While Federal and insured State institutions will not be required to submit NOW account forpis for prior approval or adopt forms prescribed by the Board, it is expected that NOW account terms (such as interest rate, minimum balance requirements, and service fees) will be fully disclosed to depositors as a matter of prudent business practice. It is also noted that an institution offering electronic fund tranfer services in conjunction with NOW accounts is subject to the disclosure requirements of Regulation E (12 CFR 205.7).

The Board finds that observance of the proposal procedure and notice period of 12 CFR 508.12 and 5 U.S.C.

§ 553 would be impracticable due to the December 31,1980 effective date of NOW account authority and is unnecessary because the amendments are technical in nature. The amendment is therefore adopted as a final regulation, and will become effective on December 31,1980, in conjunction with the nationwide NOW account authority of Resolution No.80-613.

Accordingly, the Board hereby amends Part 563, Subchapter D, Chapter V of Title 12, Code of Federal Regulations, as set forth below.

PART 563 OPERATIONS

1. Revise the second sentence of

§ 563.1 to read:

§ 563.1

[Amended]

• * *No insured institution (except a Federal savings and loan association) shall issue any form of checking or savings accounts, share, stock, membership or deposit certificates, passbooks, or other investment contract which has not been submitted to the

31601 Rules and Regulations Federal Register Vol. 52, No. 162 Friday, August 21, 1987 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

Prices of new books are listed in the first FEDERAL REGISTER issue of each week.

DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 910

[Lemon Regulation 575]

Lemons Grown in California and Arizona; Limitation of Handling a g e n c y : Agricultural Marketing Service, USDA.

a c t io n : Final Rule.

s u m m a r y: Regulation 575 establishes the quantity of fresh Califomia-Arizona lemons that may be shipped to market at 351,774 cartons during the period August 23 through August 29,1987. Such action is needed to balance the supply of fresh lemons with market demand for the period specified, due to the marketing situation confronting the lemon industry.

DATES: Regulation 575 (§ 910.875) is effective for the period August 23 through August 29,1987.

FOR FURTHER INFORMATION CONTACT:

James M. Scanlon, Acting Chief, Marketing Order Administration Branch, F&V, AMS, USDA, Washington, DC 20250-0200, telephone: (202) 447-5697.

SUPPLEMENTARY INFORMATION: This final rule has been reviewed under Executive Order 12291 and Departmental Regulation 1512-1 and has been determined to be a non-major rule under criteria contained therein.

Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Administrator of the Agricultural Marketing Service has determined that this action will not have a significant economic impact on a substantial number of small entities.

The purpose of the RFA is to fit regulatory action to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened.

Marketing orders issued pursuant to the Agricultural Marketing Agreement Act, and rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Thus, both statutes have small entity orientation and compatibility.

This regulation is issued under Marketing Order No. 910, as amended (7 CFR Part 910) regulating the handling of lemons grown in California and Arizona.

The order is effective under the Agricultural Marketing Agreement Act (the Act, 7 U.S.C. 601-674), as amended. This action is based upon the recommendation and information submitted by the Lemon Administrative Committee and upon other available information. It is found that this action will tend to effectuate the declared policy of the Act.

This regulation is consistent with the marketing policy for 1987-88. The committee met publicly on August 18, 1987, in Los Angeles, California, to consider the current and prospective conditions of supply and demand and recommended by an 11 to 1 vote (with one abstention) a quantity of lemons deemed advisable to be handled during the specified week. The committee reports that the market is good.

Pursuant to 5 U.S.C. 553, it is further found that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice, and engage in further public procedure with respect to this action and that good cause exists for not postponing the effective date of this action until 30 days after publication in the Federal Register because of insufficient time between the date when information became available upon which this regulation is based and the effective date necessary to effectuate the declared purposes of the Act. Interested persons were given an opportunity to submit information and views on the regulation at an open meeting. It is necessary to effectuate the declared purposes of the Act to make these regulatory provisions effective as specified, and handlers have been apprised of such provisions and the effective time.

List of Subjects in 7 CFR Part 910 Marketing agreements and orders, California, Arizona, Lemons.

For the reasons set forth in the preamble, 7 CFR Part 910 is amended as follows:

PART 910 LEMONS GROWN IN CALIFORNIA AND ARIZONA

1. The authority citation for 7 CFR Part 910 continues to read as follows:

Authority: Secs. 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601-674.

2. Section 910.875 is added to read as follows:

§ 910.875 Lemon Regulation 575.

The quantity of lemons grown in California and Arizona which may be handled during the period August 23 through August 29,1987, is established at 351,774 cartons.

Dated: August 19,1987.

Ronald L. Cioffi, Acting Deputy Director, Fruit and Vegetable Division, Agricultural Marketing Service.

[FR Doc. 87-19351 Filed 8-20-87; 8:45 am]

BILLING CODE 3410-02-M NUCLEAR REGULATORY COMMISSION 10 CFR Parts 0,1,2,7,9,10,11,15,19, 20, 21,25,30, 35,40,50, 51,60,61,70, 71,72,73,74,75,95,150, and 170 Statement of Organization and General Information AGENCY: Nuclear Regulatory Commission, a c t io n : Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is revising its regulations pertaining to its statement of organization and general information.

The revision is necessary to reflect the completion of a major reorganization.

The revision is also necessary to fulfill the NRCs obligation under the Freedom of Information Act (5 U.S.C.

552(a)(1)(A)) to publish in the Federal Register descriptions of its headquarters and field organizations and to inform industry and the interested public of these organizational changes.

EFFECTIVE DATE: August 19,1987.

FOR FURTHER INFORMATION CONTACT:

Donnie H. Grimsley, Director, Division of Rules and Records, Office of Administration and Resources Management, U.S. Nuclear Regulatory _

Commission, Washington, DC 20555, Telephone: 301-492-7211.

31602 Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations SUPPLEMENTARY INFORMATION: On July 18,1977,10 CFR Part 1, "Statement of Organization and General Information, was promulgated (42 FR 36797). During the past 10 years, Part 1 has been amended over 20 times; but the entire part has never been completely revised.

Until the April 12,1987 reorganization, past reorganizations had a real, yet small, impact on the content of Part 1.

The new reorganization has altered virtually the entire part, with the creation of entirely new offices, the consolidation of other offices, and the elimination of still others.

In its revision of Part i, the NRC has revamped the text of the older version in order to present the information in plain English, a departure from the more formal style of the old text. As a model, the NRC patterned the revision on the office-level functional descriptions found in NUREG-0325 (Revision 10),

NRC Functional Organization Charts, published on February 6,1987, which contains more detailed descriptions of the functional responsibilities of NRCs offices.1 NUREG-4J325 is revised annually to reflect changes in the functions of NRC offices. Should changes in NUREG-0325 impact the descriptions contained in Part 1, a corresponding revision will be made in Part 1.

Conforming amendments are being made to other affected parts where current information permits. In the future, as the NRC moves toward completion of its consolidation to a new location, other changes will be made to reflect address changes.

Because these amendments deal solely with agency organization and procedure, the notice and comment provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(A). The amendments are effective upon publication in the Federal Register. Good cause exists to dispense with the usual 30-day delay in the effective date, because the amendments are of a minor and administrative nature dealing with the agencys organization.

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 1 NUREG-0325 is available for inspection and copying for a fee at the NRC Public Document Room 1717 H Street NW.. Washington DC 20555. NUREG-0325 may be purchased from the Superintendent of Documents, U.S. Government Printing Office, P.O.

Box 37082, Washington, DC 20013-7082; or the National Technical Information Service, 5285 Port Royal Road, Springfield VA 22161.

environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement This final rule contains no information collection requirements and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.)

Regulatory Analysis Because this final rule has no economic impact on the public and only a modest economic impact on the NRC for resources to prepare the final rule, no regulatory analysis has been prepared.

Backfit Analysis This final rule pertains solely to the organization of the NRC; therefore, no backfit analysis has been prepared.

List of Subjects in 10 CFR Parts 0,1,2,9, 15,21,150, and 170 Organization and functions (Government agencies).

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is adopting the following revision of 10 CFR Part 1 and conforming amendments to 10 CFR Parts 0, 2, 7, 9,10,11,15,19, 20, 21, 25, 30, 31, 34, 35, 40, 50, 51, 60, 61, 70, 71, 72, 73, 74, 75, 95,150, and 170.

1.10 CFR Part 1 is revised to read as follows:

PART 1 STATEMENT OF ORGANIZATION AND GENERAL INFORMATION Subpart A Introduction Sec.

1.1 Creation and authority.

1.3 Sources of additional information.

1.5 Location of principal offices and Regional Offices.

Subpart B Headquarters 1.11 The Commission.

Panels, Boards, and Committees 1.13 Advisory Committee on Reactor Safeguards.

1.15 Atomic Safety and Licensing Board Panel.

1.17 Atomic Safety and Licensing Appeal Panel.

1.19 Other committees, boards, and panels.

Commission Staff 1.21 Office of Inspector and Auditor.

1.23 Office of the General Counsel.

1.25 Office of the Secretary of the Commission.

1.27 Office of Investigations.

1.29 Office of Governmental and Public Affairs.

Executive Director for Operations 1.31 Office of the Executive Director for Operations.

Staff Offices 1.33 Office of Administration and Resources Management.

1.35 Office for Analysis and Evaluation of Operational Data.

1.37 Office of Small and Disadavantaged Business Utilization and Civil Rights.

1.39 Office of Personnel.

Program Offices 1.41 Office of Nuclear Material Safety and Safeguards.

1.43 Office of Nuclear Reactor Regulation.

1.45 Office of Nuclear Regulatory Research.

1.47 NRC Regional Offices.

Subpart C NRC Seal and Flag 1.51 Description and custody of NRC seal.

1.53 Use of NRC seal or replicas.

1.55 Establishment of official NRC flag.

1.57 Use of NRC flag.

1.59 Report of violations.

Authority: Sec. 23,161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub.

L.85-256, 71 Stat. 579, Pub. L 95-209, 91 Stat.

1483 (42 U.S.C. 2039); sec. 191, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat. 1242,1244,1245,1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16,1980.

Subpart A Introduction

§ 1.1 Creation and authority.

(a) The Nuclear Regulatory Commission was established by the Energy Reorganization Act of 1974, as amended, Pub. L.93-438, 88 Stat. 1233 (42 U.S.C. 5801 et seq.). This Act abolished the Atomic Energy Commission and, by section 201, transferred to the Nuclear Regulatory Commission all the licensing and related regulatory functions assigned to the Atomic Energy Commission by the Atomic Energy Act of 1954, as amended, Pub. L.83-703, 68 Stat. 919 (42 U.S.C.

2011 et seq.)< These functions included those of the Atomic Safety and Licensing Board Panel and the Atomic Safety and Licensing Appeal Panel. The Energy Reorganization Act became effective January 19,1975 (E.0.11834).

(b) As used in this part:

"Commission means the five members of the Nuclear Regulatory Commission or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974, as amended.

"NRC means the Nuclear Regulatory Commission, the agency established by Title II of the Energy Reorganization Act of 1974, as amended, comprising the members of the Commission and all

Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations 31603 offices, employees, and representatives authorized to act in any case or matter.

§ 1.3 Sources of additional information.

(a) A statement of the NRCs organization, policies, procedures, assignments of responsibility, and delegations of authority is in the Nuclear Regulatory Commission Manual and other elements of the NRCs Management Directives System, including local directives issued by Regional Offices. Letters/memoranda delegations of authority are also issued from time to time that have not yet been incorporated into the Manual, parts of which are republished periodically.

Copies of the Manual and other delegations of authority are available for public inspection and copying for a fee at the NRC Public Document Room, 1717 H Street, NW., Washington, DC, and at each of NRCs Regional Offices.

Information may also be obtained from the Office of Governmental and Public Affairs or from Public Affairs Officers at the Regional Offices. In addition, NRC Functional Organization Charts (NUREG-0325) contains detailed descriptions of the functional responsibilities of NRCs offices. It is revised annually and is available for public inspection at the NRC Public Document Room or for purchase from the Superintendent of Documents, U.S.

Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082; or from the National Technical Information Service, Springfield, VA 22161.

(b) Commission meetings are open to the public, as provided by the Government in the Sunshine Act, unless they fall within an exemption to the Acts openness requirement and the Commission also has determined that the public interest requires that those particular meetings be closed.

Information concerning Commission meetings may be obtained from the Office of the Secretary.

(c) Information regarding the availability of NRC records under the Freedom of Information Act and the Privacy Act of 1974 may be obtained from the Division of Rules and Records, Office of Administration and Resources Management. NRCs regulations are published in the Federal Register and codified in Title 10, Chapter I, of the Code of Federal Regulations. They are also published in looseleaf form as NRC Rules and Regulations, and available on a subscription basis from the Superintendent of Documents, U.S.

Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082. Final opinions made in the adjudication of cases are published in Nuclear Regulatory Commission Issuances, and available on a subscription basis from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

§ 1.5 Location of principal offices and Regional Offices.

(a) The principal NRC offices are located in the Washington, DC, area.

Facilities for the service of process and papers are maintained within the District of Columbia at 1717 H Street, NW. The mailing address for all NRC Headquarters offices is Washington, DC 20555. The locations of NRC offices in the Washington, DC, area are as follows; (1) Air Rights III Building, 4550 Montgomery Avenue, Bethesda, Maryland.

(2) East West/South Towers Building, 4340 East West Highway, Bethesda, Maryland.

(3) East West/West Towers Building, 4350 East West Highway, Bethesda, Maryland.

(4) Maryland National Bank Building, 7735 Old Georgetown Road, Bethesda, Maryland.

(5) Matomic Building, 1717 H Street, NW, Washington, DC.

(6) Nicholson Lane Building, 5650 Nicholson Lane, Rockville, Maryland.

(7) Phillips Building, 7920 Norfolk Avenue, Bethesda, Maryland.

(8) Willste Building, 7915 Eastern Avenue, Silver Spring, Maryland.

(9) Woodmont Building, 8120 Woodmont Avenue, Bethesda, Maryland.

(b) The addresses of the NRC Regional Offices are as follows:

Region I, USNRC, 631 Park Avenue, King of Prussia, PA 19406.

Region II, USNRC, 101 Marietta Street, NW, Suite 2900, Atlanta, GA 30323.

Region III, USNRC, 799 Roosevelt Road, Glen Ellyn, IL 60137.

Region IV, USNRC, 611 Ryan Plaza Drive, Suite 1000, Arlington, TX 76011.

USNRC, Region IV Uranium Recovery Field Office, 730 Simms Street, P.O. Box 25325, Denver, CO 80225.

Region V, USNRC, 1450 Maria Lane, Suite 210, Walnut Creek, CA 94596.

Subpart B Headquarters

§ 1.11 The Commission.

(a)

The Nuclear Regulatory Commission, composed of five members, one of whom is designated by the President as Chairman, is established pursuant to section 201 of the Energy Reorganization Act of 1974, as amended.

The Chairman is the principal executive officer of the Commission, and is responsible for the executive and administrative functions with respect to appointment and supervision of personnel, except as otherwise provided by the Energy Reorganization Act of 1974, as amended, and Reorganizaton Plan No. 1 of 1980 (45 FR 40561);

distribution of business; use and expenditures of funds (except that the function of revising budget estimates and purposes is reserved to the Commission); and appointment, subject to approval of the Commission, of heads of major administrative units under the Commission. The Chairman is the official spokesman, as mandated by the Reorganization Plan No. 1 of 1980. The Chairman has ultimate authority for all NRC functions pertaining to an emergency involving an NRC Licensee.

The Chairmans actions are governed by the general policies of the Commission.

(b) The Commission is responsible for licensing and regulating nuclear facilities and materials and for conducting research in support of the licensing and regulatory process, as mandated by the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and the Nuclear Nonproliferation Act of 1978; and in accordance with the National Environmental Policy Act of 1969, as amended, and other applicable statutes. These responsibilities include protecting public health and safety, protecting the environment, protecting and safeguarding nuclear materials and nuclear power plants in the interest of national security, and assuring conformity with antitrust laws. Agency functions are performed through standards setting and rulemaking; technical reviews and studies; conduct of public hearings; issuance of authorizations, permits, and licenses; inspection, investigation, and enforcement; evaluation of operating experience; and confirmatory research.

The Commission is composed of five members, appointed by the President and confirmed by the Senate.

(c) The following staff units and officials report directly to the Commission: Atomic Safety and Licensing Board Panel, Atomic Safety and Licensing Appeal Panel, Office of Inspector and Auditor, Office of Investigation, Office of the General Counsel, Office of the Secretary, and other committees and boards which are authorized or established specifically by the Act. The Advisory Committee on Reactor Safeguards also reports directly to the Commission.

(d)

(1) For matters pertaining to Public and Congressional Affairs, the Office of Governmental and Public Affairs reports directly to the Chairman.

31604 Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations (2)

For matters pertaining to International and State, Local, and Indian Tribe Programs, the Office of Governmental and Public Affairs reports directly to the Commission.

Panels, Boards, and Committees

§ 1.13 Advisory Committee on Reactor Safeguards.

The Advisory Committee on Reactor Safeguards (ACRS) was established by section 29 of the Atomic Energy Act of 1954, as amended. Consisting of a maximum of 15 members, it reviews and reports on safety studies and applications for construction permits and facility operating licenses; advises the Commission with regard to hazards of proposed or existing reactor facilities and the adequacy of proposed reactor safety standards; upon request of the Department of Energy (DOE), reviews and advises with regard to the hazards of DOE nuclear activities and facilities; reviews any generic issues or other matters referred to it by the Commission for advice. The Committee, on its own initiative, may conduct reviews of specific generic matters or nuclear facility safety-related items. The ACRS conducts studies of reactor safety research and submits reports thereon to the U.S. Congress and the NRC as appropriate.

§ 1.15 Atomic Safety and Licensing Board Panel.

The Atomic Safety and Licensing Board Panel, established pursuant to section 191 of the Atomic Energy Act of 1954, as amended, conducts hearings for the Commission and such other regulatory functions as the Commission authorizes. The Panel is comprised of any number of Administrative Judges (full-time and part-time), who may be lawyers, physicists, engineers, and environmental scientists; and Administrative Law Judges, who hear antitrust, civil penalty, and other cases and serve as Atomic Safety and Licensing Board Chairmen. The Chief Administrative Judge develops and applies procedures governing the activities of Boards, Administrative Judges, and Administrative Law Judges and makes appropriate recommendations to the Commission concerning the rules governing the conduct of hearings. The Panel conducts all licensing and other hearings as directed by the Commission primarily through individual Atomic Safety and Licensing Boards composed, of one or three Administrative Judges. Those boards are appointed by either the Commission or the Chief Administrative Judge.

§ 1.17 Atomic Safety and Licensing Appeal Panel.

The Atomic Safety and Licensing Appeal Panel is the organizational body from which are drawn Atomic Safety and Licensing Appeal Boards for particular proceedings. These three-member Appeal Boards exercise the authority and perform the review functions that would otherwise be exercised and performed by the Commission in facility licensing proceedings under 10 CFR Part 50 and such other licensing and enforcement proceedings as the Commission may specify, reviewing initial decisions and other issuances of Atomic Safety and Licensing Boards and other presiding officers. Appeal Boards perform such other regulatory functions as may be delegated to them by the Commission.

The Panel is comprised of a Chief Administrative Judge, who serves as Chairman, and other Administrative Judges as may be appointed.

§ 1.19 Other committees, boards, and panels.

Under section 161a. of the Atomic Energy Act of 1954, as amended, the Commission may establish advisory bodies to make recommendations to it.

Currently, two advisory committees are in existence.

(a) The Advisory Committee on Medical Uses of Isotopes (ACMUI) was established by the Atomic Energy Commission in July 1958. The ACMUI, composed of physicians and scientists, considers medical questions referred to it by the NRC staff and renders expert opinions regarding medical uses of radioisotopes. The ACMUI also advises the NRC staff, as requested, on matters of policy regarding licensing of medical uses of radioisotopes.

(b) The Advisory Committee for the Decontamination of Three Mile Island, Unit 2, was established by the NRC in October 1980. Its purpose is to obtain input and views from the residents of the Three Mile Island area and afford Pennsylvania government officials an opportunity to participate in the Commissions decisional process regarding cleanup for Three Mile Island, Unit 2.

Commission Staff

§ 1.21 Office of Inspector and Auditor.

The Office of Inspector and Auditor (a) Conducts investigations and inquiries to ascertain and verify the integrity of NRC programs and operations; (b) Investigates allegations of NRC employee misconduct, wrongdoing by NRC contractors, claims for personal property loss or damage, tort claims against the United States and fraud, waste, and mismanagement; (c) Develops policies and standards governing the Commissions financial and management audit program and administers the Commissions day-to-day audit activities; (d) Reports to the Commission as necessary to keep the Commission fully informed of its financial management responsibilities and of the results of investigations, inspections, and audits; (e) Hears individual employee concerns regarding NRC operations and activities; (f) Refers suspected or alleged criminal matters regarding NRC employees and contractors to the Department of Justice; and (g) Maintains liaison with Inspector General organizations and other law enforcement agencies.

§ 1.23 Office of the General Counsel.

The Office of the General Counsel, established pursuant to section 25 of the Atomic Energy Act of 1954, as amended (a) Directs matters of law and legal policy, providing opinions, advice, and assistance to the agency with respect to all of its activities; (b) Reviews and prepares appropriate draft Commission decisions on Atomic Safety and Licensing Appeal Board decisions and rulings, public petitions seeking direct Commission action, and rulemaking proceedings involving hearings; (c) Provides interpretation of laws, regulations, and other sources of authority; (d) Reviews the legal form and content of proposed official actions; (e) Prepares or concurs in all,

contractual documents, interagency agreements, delegations of authority, regulations, orders, licenses, and other legal documents and prepares legal interpretations thereof; (f) Reviews and directs intellectual property (patent) work; (g) Represents and protects the interests of the NRC in legal matters and in court proceedings, and in relation to other government agencies, administrative bodies, committees of Congress, foreign governments, and members of the public; and (h) Represents the NRC staff as a party in NRC administrative hearings.

§1.25 Office of the Secretary of the Commission.

The Office of the Secretary of the Commission

Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations 31605 (a) Provides general management services to support the Commission and to implement Commission decisions; and advises and assists the Commission and staff on the planning, scheduling, and conduct of Commission business including preparation of internal procedures; (b) Prepares the Commissions meeting agenda; (c) Manages the Commission Staff Paper and COMSECY systems; (d) Receives, processes, and controls Commission mail, communications, and correspondence; (e) Maintains the Commissions official records and acts as Freedom of Information administrative coordinator for Commission records; (f) Codifies Commission decisions in memoranda directing staff action and monitors compliance; (g) Receives, processes, and controls motions and pleadings filed with the Commission; issues and serves adjudicatory orders on behalf of the Commission; receives and distributes public comments in rulemaking proceedings, issues proposed and final rules on behalf of the Commission; maintains the official adjudicatory and rulemaking dockets of the Commission; and exercises responsibilities delegated to the Secretary in 10 CFR 2.702 and 2.772; (h) Directs and administers the Headquarters NRC Public Document Room; (i) Administers the NRC Historical Program; (j) Integrates office automation initiatives into the Commissions administrative system; (k) Functions as the NRC Federal Advisory Committee Management Officer; and (l) Provides guidance and direction on the use of the NRC seal and flag.

§ 1.27 Office of Investigations.

The Office of Investigations (a) Develops policy, procedures, and quality control standards for the conduct of all NRC investigations of licensees, permittees, applicants, and their contractors and vendors; (b) Conducts and supervises investigations within the scope of NRC authority, except those concerning NRC employees and NRC contractors; (c) Assures the quality of investigations; (d) Maintains current awareness of inquiries and inspection by other NRC offices to identify the need for formal investigations; (e) Makes appropriate referrals to the Department of justice; (f) Keeps Commission and involved NRC offices currently apprised of matters under investigation as they affect public health and safety, the common defense and security, environmental quality, or the antitrust laws; (g) Issues subpoenas where necessary or appropriate for the conduct of investigations; and (h) Maintains liaison with other agencies and organizations to ensure the timely exchange of information of mutual interest.

§ 1.29 Office of Governmental and Public Affairs.

The Office of Governmental and Public Affairs (a) Establishes and maintains good communications and working relationships between the NRC and other Governmental and public constituents; (b) Provides advice and assistance to the Chairman, Commission, and NRC staff on all NRC relations with Congress, State and local Governments, Indian Tribe Organizations, the State Department, the international nuclear community, the news media, and the public; (c) Serves as primary contact for policy matters between the NRC and these external groups, developing policies for Commission consideration on how NRC should effectively interact with these groups; (d) Keeps the agency apprised of these groups activities as they may affect NRC and conveys to NRC management these groups views toward NRC policies, plans, and activities; (e) Issues export and import licenses and participates in formulation of policies on nonproliferation issues, international safeguards, and physical security; and (f) Administers State Agreements program by (1) Providing training and technical assistance to Agreement States; (2) Integrating State/Federal regulatory activities; and (3) Maintaining the information exchange and analysis program on State activities.

Executive Director for Operations

§ 1.31 Office of the Executive Director for Operations.

(a)(1) The Executive Director for Operations (EDO) reports for all matters to the Chairman, and is subject to the supervision and direction of the Chairman as provided in Reorganization Plan No. 1 of 1980.

(2)

Supervises and coordinates policy development and operational activities in the following line offices: The Office of Nuclear Reactor Regulation, the Office of Nuclear Material Safety and Safeguards, the Office of Nuclear Regulatory Research, and the NRC Regional Offices; and the following staff offices: The Office of Enforcement, the Office of Administration and Resources Management, the Office for Analysis and Evaluation of Operational Data, the Office of Small and Disadvantaged Business Utilization and Civil Rights, the Office of Personnel, and other organizational units a? shall be assigned by the Commission. The EDO is also responsible for implementation of the Commissions policy directives pertaining to these offices; and (3)

Exercises powers and functions delegated to the EDO under the Reorganization Plan No. 1 of 1980, this chapter, or otherwise by the Commssion or Chairman, as appropriate. The EDO has the authority to perform any function that may be performed by an office director reporting to the EDO.

(b) The Office of Enforcement*

(1) Develops policies and programs for enforcement of NRC requirements; and (2) Manages major enforcement actions and assesses effectiveness and uniformity of Regional enforcement actions.

(c) The Office of Special Projects (1) Implements regulations, issues orders, takes other action associated with licensing and enforcement, and develops and implements policies, programs, and procedures for all aspects of licensing and inspection for the Tennessee Valley Authority (TVA) and Comanche Peak projects, except for actual issuance or revocation of construction permits or operating licenses; (2) Performs all safety and environmental reviews and evaluations for the assigned nuclear reactor facilities; and (3) Performs other functions required for implementation of the reactor licensing and inspection programs for TVA and Comanche Peak projects.

(d) The Office of Consolidation (1) Assures coordinated planning, budgeting, and execution of tasks required to consolidate the NRC headquarters staff at White Flint North; (2) Provides a single focus for management review, decision making, and direction for activities undertaken to accomplish the consolidation of the NRC headquarters staff; and (3) Keeps NRC management and employees as fully and accurately informed as possible about all aspects of the consolidation, especially those aspects which could affect individual

31606 Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations and collective performance of agency missions and tasks.

Staff Offices

§ 1.33 Office of Administration and Resources Management The Office of Administration and Resources Management (a) Prepares the agencys budget for submission to the EDO; (b) Performs all accounting and financial systems management functions, including payroll, travel, and license fees, and provides centralized administrative service, such as managing rules and records, facilities, and operations support, publications services, security, and contracts; (c) Manages centralized information resources of the agency including computer and telecommunications services, the document control system, records managment and services, and the library; and (d) Provides, to the extent feasible, all necessary administrative, financial, and information support services to other NRC offices.

§ 1.35 Office for Analysis and Evaluation of Operational Data.

The Office for Analysis and Evaluation of Operational Data (a) Analyzes and evaluates operational safety data associated with NRC-licensed activities to identify safety issues that require NRC or industry action; (b) Provides timely feedback of findings and evaluations to NRC staff, licensees, Congress, the public, and organizations, as appropriate; (c) Identifies NRC needs for operational data and related technical information and provides the NRC focal point for coordination of generic operational safety data and systems with the industry and other agencies; (d) Develops and manages the NRC program for response to incidents and emergencies, including the timely notification of events to NRR, NMSS, and the Regions, as appropriate; (e) Develops and provides appropriate technical training for NRC staff; (f) Develops and manages the agency program for reactor performance indicators; fg) Develops and directs the agency program for diagnostic evaluations and for investigation of significant operational incidents; (h) Manages and conducts the support functions for the Committee to Review Generic Requirements (CRGR) in a manner that is consistent with CRGR charter; and (i) Ensures the administrative processes and functions specified in the CRGR charter are implemented in a thorough and timely manner.

§ 1.37 Office of Small and Disadvantaged Business Utilization and Civil Rights.

The Office of Small and Disadvantaged Business Utilization and Civil Rights (a) Develops and implements an effective small and disadvantaged business program in accordance with the Small Business Act, as amended, and plans and implements NRC policies and programs relating to equal employment oppportunity and civil rights matters as required by the Equal Employment Opportunity Commission (EEOC) and the Office of Personnel Management (OPM);

(b) Ensures that appropriate consideration is given to Labor Surplus Area firms and Women Business Enterprises, and conducts an outreach program aimed at contractors desiring to do business with NRC; (c) Maintains liaison with other Government agencies and trade associations; (d) Coordinates efforts with the Director, Division of Contracts, and Directors of other affected offices; (e) Develops and recommends for approval by the Executive Director for Operations, NRC policy providing for equal employment opportunity in all aspects of Federal personnel practice; (f) Develops, monitors, and evaluates the agencys equal employment opportunity efforts and affirmative action programs to ensure compliance with NRC policy; (g) Serves as the principal contract with local and national public and private organizations to facilitate the NRC equal opportunity program; and (h) Coordinates all efforts pertaining to small and disadvantaged business utilization and equal employment opportunity with Office Directors and Regional Administrators.

§ 1.39 Office of Personnel.

The Office of Personnel (a) Plans and implement NRC policies, programs, and services to provide for the effective organization, utilization, and development of the agencys human resources; (b) Provides labor relations and personnel policy guidance and supporting services to NRC managers and employees; (c) Provides training, benefits administration, and counseling services for NRC employees; (d) Collects, analyzes, and provides data on the characteristics, allocation, utilization, and retention of NRCs workforce; (e) Provides staffing advice and services to NRC managers and employees; and (f) Provides executive resources management and organizational and managerial development services to the NRC.

Program Offices

§ 1.41 Office of Nuclear Material Safety and Safeguards.

(a) The Office of Nuclear Material Safety and Safeguards is responsible for protecting the public health and safety, the common defense and security, and the environment by licensing, inspection, and environmental impact assessment for all nuclear facilities and activities, and for the import and export of special nuclear material.

(b) The Office responsibilities include (1) Development and implementation of NRC policy for the regulation of activities involving safety, quality, approval, and inspection of the use and handling of nuclear and other radioactive materials, such as uranium activities; (2) Fuel fabrication and fuel development; (3) Medical, industrial, academic, and commercial uses of radioactive isotopes; (4) Safeguards activities; (5) Transportation of nuclear materials, including certification of transport containers; (6) Out-of-reactor spent fuel storage; (7) Safe management and disposal of low-level and high-level radioactive wastes; (8) Planning and direction of program for financial assurance of NMSS licensees; and (9) Management of the decommissioning of facilities and sites when their licensed functions are over.

(c) Safeguards responsibilities include (1) Development of overall agency policy; (2) Monitoring and assessment of the threat environment, including liaison with intelligence agencies, as appropriate; and (3) Those licensing and review activities appropriate to deter and protect against threats of radiological sabotage and threats of theft or diversion of special nuclear material at fuel facilities and during transport.

(d) The Office identifies and takes action to control safety and safeguards issues for activities under its responsibility, including consulting and coordinating with international Federal, State, and local agencies, as appropriate.

Federal Register / Vol, 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations 31607

§ 1.43 Office of Nuclear Reactor Regulation.

The Office of Nuclear Reactor Regulation (a) Implements regulations and develops and implements policies, programs, and procedures for all aspects of licensing, inspection, and safeguarding of (1) Manufacturing, production, and utilization facilities, except for those concerning fuel reprocessing plants and isotopic enrichment plants; (2) Receipt, possession, and ownership of source, byproduct, and special nuclear material used or produced at facilities licensed under 10 CFR Part 50; (3) Operators of such facilities; (4) Emergency preparedness at such facilities; and (5) Contractors and suppliers of such facilities.

(b) Identifies and takes action regarding conditions and licensee performance that may adversely affect public health and safety, the environment, or the safeguarding of nuclear reactor facilities; (c) Assesses and recommends or takes action regarding incidents or accidents; (d) Provides special assistance as

' required in matters involving reactor facilities exempt from licensing; (e) Provides guidance and t implementation direction to Regional

[ Offices on reactor licensing, inspection, I and safeguards programs assigned to the l Region, and appraises Regional program I performance in terms of effectiveness I and uniformity; (f) Performs other functions required I for implementation of the reactor K licensing, inspection, and safeguards I programs; (g) Performs management of the NRC I allegation program; and (h) Performs review and evaluation I related to regulated facilities insurance, I indemnity, and antitrust matters.

l§ 1.45 Office of Nuclear Regulatory I Research.

I The Office of Nuclear Regulatory Research 1 (a) Plans, recommends, and implements programs of nuclear regulatory research, standards development, and resolution of generic safety issues for nuclear power plants land other facilities regulated by the NRC;

[ (b) Develops and promulgates all technical regulations;

[ (c) Coordinates research activities Rwithin and outside the agency including appointment of staff to committees and conferences; and (d)

Coordinates NRC participation in international standards-related activities and national volunteer standards efforts, including appointment of staff to committees.

§ 1.47 NRC Regional Offices.

Each Regional Administrator executes established NRC policies and assigned programs relating to inspection, enforcement, licensing, State agreements, State liaison, and emergency response within Regional boundaries set out in § 1.5(b) of this part.

Subpart C NRC Seal and Flag

§ 1.51 Description and custody of NRC seal.

(a) Pursuant to section 201(a) of the Energy Reorganization Act of 1974, the Nuclear Regulatory Commission, has adopted an official seal. Its description is as follows: An American bald eagle (similar to that on the Great Seal of the United States of America) of brown and tan with claws and beak of yellow, behind a shield of red, white, and blue, clutching a cluster of thirteen arrows in its left claw and a green olive branch in its right claw, positioned on a field of white, with the words United States Nuclear Regulatory Commission in dark blue encircling the eagle. The eagle represents the United States of America and its interests.

(b) The Official Seal of the Nuclear Regulatory Commission is illustrated as follows:

(c)

The Secretary of the Commission is responsible for custody of the impression seals and of replica (plaque) seals.

§ 1.53 Use of NRC seal or replicas.

(a)

The use of the seal or replicas is restricted to the following:

(1) NRC letterhead stationery; (2) NRC award certificates and medals; (3) Security credentials and employee identification cards; (4) NRC documents, including agreements with States, interagency or governmental agreements, foreign patent applications, certifications, special reports to the President and Congress and, at the discretion of the Secretary of the Commission, such other documents as the Secretary finds appropriate; (5) Plaquesthe design of the seal may be incorporated in plaques for display at NRC facilities in locations such as auditoriums, presentation rooms, lobbies, offices of senior officials, on the fronts of buildings, and other places designated by the Secretary; (6) The NRC flag (which incorporates the design of the seal);

(7) Official films prepared by or for the NRC, if deemed appropriate by the Director of Governmental and Public Affairs; (8) Official NRC publications that represent an achievement or mission of NRC as a whole, or that are cosponsored by NRC and other Government departments or agencies; arid (9) Any other uses as the Secretary of the Commission finds appropriate.

(b)

Any person who uses the official seal in a manner other than as permitted by this section shall be subject to the provisions of 18 U.S.C. 1017, which provides penalties for the fraudulent or wrongful use of an official seal, and to other provisions of law as applicable.

§ 1.55 Establishment of official NRC flag.

The official flag is based on the design of the NRC seal. It is 50 inches by 66 inches in size with a 38-inch diameter seal incorporated in the center of a dark blue field with a gold fringe.

§1.57 Use of NRC flag.

(a) The use of the flag is restrictd to the following:

(1) On or in front of NRC installations; (2) At NRC ceremonies; (3) At conferences involving official NRC participation (including permanent display in NRC conference rooms);

(4) At Governmental or public appearances of NRC executives; (5) In private offices of senior official!;

or (6) As the Secretary of the Commission otherwise authorizes.

(b) The NRC flag must only be displayed together with the U.S. flag.

When they are both displayed on a speakers platform, the U.S. flag must occupy the position of honor and be placed at the speakers right as he or she faces the audience, and the NRC flag must be placed at the speakers left.

31608 tj Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations

§ 1.59 Report of violations.

In order to ensure adherence to the authorized uses of the NRC seal and flag as provided in this subpart, a report of each suspected violation of this subpart, or any questionable use of the NRC seal or flag, should be submitted to the Secretary of the Commission.

The following amendments are also being made to other parts of the regulations in this chapter.

PART 0 CONDUCT OF EMPLOYEES

2. The authority citation for Part 0 continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sea 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

3. in § 0.735-3, the introductory text off paragraph (e) and paragraphs (e)(1) and (f) are revised to read as follows:

§ 0.735-3 Responsibilities and authorities.

(e) The Director, Office of Personnel (1) Provides a copy of this part to each employee and special Government employee, and to each new employee at the time of his or her entrance on duty.

(f) The Director, Office of Personnel, assumes the responsibilities assigned in

§§ 0.735-28(b) and 0.735-49.

§0.735-28 [Amended]

4. In § 0.735-28, paragraph (a)(2), after the words Office of Administration add the words and Resources Management, and in paragraph (b),

remove the words Office of Administration and add in their place the words Office of Personnel".

§0.735-49 [Amended]

5. In § 0.735-49, paragraph (a), remove the words The Director, Office of Administration, and add in their place the words The Director, Office of Personnel.

PART 2 RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

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

Authority: Sec. 161,68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

§ 2.101 [Amended]

7. In § 2.101, paragraphs (c)(3) and (e)(1), remove the words Antitrust and Economic Anlysis Branch, and add in their place the words Policy Development and Technical Support Branch.

§ 2.201

[Amended]

8. In § 2.201, in paragraph (a), remove the words Director, Office of Inspection and Enforcement and add in their place the words Deputy Executive Director for Regional Operations; and in paragraphs (b) and (c), remove the words Director, Office of Inspection and Enforcement and add in their place the words Deputy Executive Director for Regional Operations or the Deputys designee.

§ 2.202 [Amended]

9. In § 2.202, paragraph (a) introductory text, remove the words, Director, Office of Inspection and Enforcement" and add in their place the words Deputy Executive Director for Regional Operations, or the Deputys designee; and add to the words Office of Administration the words and Resources Management; and in paragraph (f), remove the words Director, Office and Inspection and Enforcement and add in their place the words Deputy Executive Director for Regional Operations or the Deputys designee".

10. In § 2.205, paragraphs (a), (c), (d),

(g), (h), and (i) are revised to read as follows:

§ 2.205 Civil penalties.

(a)

Before instituting any proceeding to impose a civil penalty under section 234 of the Act, the Deputy Executive Director for Regional Operations, or the Deputys designee, as appropriate, shall serve a written notice of violation upon the person charged. This notice may be included in a notice issued pursuant to

§ 2.201. The notice of violation shall specify the date or dates, facts, and the nature of the alleged act or omission with which the person is charged, and shall indentify specifically the particular provision or provisions of the law, rule, regulation, license, permit, or cease an desist order involved in the alleged violation and must state the amount of each proposed penalty. The notice of violation shall also advise the person charged that the civil penalty may be paid in the amount specified therein, or the proposed imposition of the civil penalty may be protested in its entirety or in part, by a written answer, either denying the violation or showing extenuating circumstances. The notice of violation shall advise the person charged that upon failure to pay a civil penalty subsequently determined by the Commission, if any, unless compromised, remitted, or mitigated, be collected by civil action, pursuant to section 234c of the Act.

(c) If the person charged with violation fails to answer within the time specified in paragraph (b) of this section, an order may be issued imposing the civil penalty in the amount set forth in the notice of violation described in paragraph (a) of this section.

(d) If the person charged with violation files an answer to the notice of violation, the Deputy Executive Director for Regional Operations, or the Deputys designee, upon consideration of the answer, will issue an order dismissing the proceeding or imposing, mitigating, or remitting the civil penalty. The person charged may, within twenty (20) days of the date of the order or other time specified in the order, request a hearing.

(g) The Deputy Executive Director for Regional Operations, or the Deputys designee, as appropriate may compromise any civil penalty, subject to the provisions of § 2.203.

(h) If the civil penalty is not compromised, or is not remitted by the Deputy Executive Director for Regional Operations, or the Deputys designee, as appropriate, the presiding officer, or the Commission, and if payment is not made within ten (10) days following either the service of the order described in paragraph (c) or (f) of this section, or the expiration of the time for requesting a hearing described in paragraph (d) of this section, the Deputy Executive Director for Regional Operations, or the Deputys designee, as appropriate, may refer the matter to the Attorney General for collection.

(i) Except when payment is made after compromise or mitigation by the Department of Justice or as ordered by a court of the United States, following reference of the matter to the Attorney General for collection, payment of civil penalties imposed under section 234 of the Act shall be made by check, draft, or money order payable to the Treasurer of the United States, and mailed to the Director, Office of Enforcement.

11.

In § 2.206, paragraphs (a) and (b) are revised to read as follows:

§ 2.206 Requests for action under this subpart (a)

Any person may file a request to institute a proceeding pursuant to

§ 2.202 to modify, suspend, or revoke a license, or for such other action as may be proper. Such a request shall be addressed to the Executive Director for Operations and shall be filed either (1) by delivery to the Public Document Room at 1717 H Street, NW.,

Washington, DC, or (2) by mail or telegram addessed to the Executive

Rules and Regulations 43419 Federal Register Voi. 53, No. 208 Thursday, October 27, 1988 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

Prices of new books are listed in the first FEDERAL REGISTER issue of each week.

NUCLEAR REGULATORY COMMISSION 10 CFR Parts 1, 2,7, 9,15,19, 20, 21, 30, 35, 40, 50, 51, 53, 55,60,61, 70, 71, 72, 73, 74, 75, 81, 100, 110, 140, 150, 170 and 171 Relocation of NRCs Public Document Room; Other Minor Nomenclature Changes AGENCY: Nuclear Regulatory Commission.

a c t io n : Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to indicate that its Public Document Room has moved to a new location in the District of Columbia. The hours remain unchanged: 7:45 a.m. to 4:15 p.m. weekdays. These amendments are being made to inform NRC licensees and members of the public of this relocation. This rule also makes minor nomenclature changes in NRC organization to reflect new internal organizational titles.

EFFECTIVE DATE: October 27,1988.

FOR FURTHER INFORMATION CONTACT:

Donnie H. Grimsley, Director, Division of Freedom of Information and Publications Services, Office of Administration and Resources Management, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Telephone: 301-492-7211; SUPPLEMENTARY INFORMATION: On September 9,1988 (53 FR 35135), the NRC published in the Federal Register a general notice announcing that as of September 19,1988, the NRCs Public Document Room, formerly located in the Matomic Building at 1717 H Street NW.,

Washington, DC, will be relocated at the Gelman Building, 2120 L Street NW.,

Lower Level, Washington, DC, 20555.

These amendments reflect that relocation.

In addition, these amendments reflect a change to the name of an organizational unit that has changed since the final rule revising the NRCs Statement of Organization and General Information was published in the Federal Register on August 21,1987 (52 FR 31601), to reflect the reorganization of the agency.

Because these amendments deal solely with the organization and relocation of agency personnel, the notice and comment provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(A). These amendments are effective upon publication in the Federal Register.

Good cause exists to dispense with the usual 30-day delay in the effective date, because these amendments are of a minor and administrative nature, dealing with the organization and relocation of agency personnel.

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

Paperwork Reduction Act Statement This final rule contains no information collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 553, the NRC is adopting the following amendments to 10 CFR Parts 1, 2, 7, 9, 15,19, 20, 21, 30, 35, 40, 50, 51, 53, 55, 60, 61, 70, 71, 72, 73, 74, 75, 81,100,110,140,150,170 and 171.

PART 1-STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

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

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

§ 1.3

[A m ended]

2. In § 1.3, in paragraph (a), remove the words 1717 H Street, NW and add in their place the words 2120 L Street NW.,.

§ 1.5 [Amended]

3. In § 1.5, in the introductory text of paragraph (a), remove the words 1717 H Street NW., and add in their place the words 2120 L Street NW., and remove paragraph (a)(5) and redesignate paragraphs (a)(6) through (a)(10) as paragraphs (a)(5) through (a)(9).

PART 2RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS

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

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

§ 2.4 [Amended]

5. In § 2.4, in paragraph, (k), remove the words "1717 H Street NW.," and add in their place the words 2120 L Street NW.,.

§ 2.101

[Amended]

6. In § 2.101, in paragraphs (a)(2) and (g)(1), remove the words 1717 H Street NW.," and add in their place the words 2120 L Street NW.,.

§ 2.206 [Amended]

7. In § 2.206, in paragraph (a)(1),

remove the words 1717 H Street, NW.,

and add in their place the words 2120 L Street NW.,.

§ 2.701

[Amended]

8. In § 2.701, in paragraph (a)(1),

remove the words 1717 H Street, NW.,

and add in their place the words 2120 L Street NW.,".

§ 2.802 [Amended]

9. In § 2.802, in paragraph (g), remove the words 1717 H Street, NW., and add in their place the words 2120 L Street NW.,.

PART 7ADVISORY COMMITTEES

10. The authority citation for Part 7 continues to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841).

§7.17

[Amended]

11. In § 7.17, in paragraph (a), remove the words 1717 H Street, NW., and add in their place the words "2120 L Street NW.,".

48942 Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations PART 729PEANUTS

1. The authority citation for 7 CFR part 729 continues to read as follows:

Authority: 7 U.S.C. 1301, 1357 et seq.,

1372, 1373, 1375, and 7271.

2. Section 729.216 paragraph (c) is revised to read as follows:

§ 729.216 National poundage quota.

(c) Quota determination for individual marketing years (excluding seed):

(1) The national poundage quota for quota peanuts for marketing year 1996 is 1,100,000 short tons.

(2) The national poundage quota for quota peanuts for marketing year 1997 is 1,133,000 short tons.

(3) The national poundage quota for quota peanuts for marketing year 1998 is 1,167,000 short tons.

PART 1446PEANUTS

3. The authority citation for 7 CFR part 1446 continues to read as follows:

Authority: 7 U.S.C. 7271, 15 U.S.C. 714b and 714c.

4. Section 1446.310 is amended by adding new paragraph (c) to read as follows:

§ 1446.310 Additional peanut support levels.

(c ) The national support rate for additional peanuts for the 1998 crop is

$175 per short ton.

5. Section 1446.311 is amended by adding new paragraph (c) to read as follows:

§ 1446.311 Minimum CCC sales price for certain peanuts.

(c) The minimum CCC sales price for additional peanuts to be sold from the price support loan inventory for export edible use from the 1998 and subsequent crops is $400 per short ton.

Signed at Washington, DC, on August 31, 1999.

Keith Kelly, Administrator, Farm Service Agency and Executive Vice President, Commodity Credit Corporation.

[FR Doc. 99-23377 Filed 9-8-99; 8:45 am]

BILLING CODE 3410-05-P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100, and 110 RIN 3150-AG07 Electronic Availability of NRC Public Records and Ending of NRC Local Public Document Room Program AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to reflect a change in the way its records are made available to the public. The amendments reflect the NRCs decision to implement a new document management system that will permit the electronic storage, retrieval, and on-line ordering of publicly available NRC official records through the NRC Web site.

EFFECTIVE DATE: October 12, 1999.

FOR FURTHER INFORMATION CONTACT:

Russell A. Powell, Chief, Information Services Branch, Information Management Division, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6527, email: RAP1@nrc.gov.

SUPPLEMENTARY INFORMATION:

The Nuclear Regulatory Commission (NRC) is amending its regulations to reflect the use of a new electronic record keeping system for NRC records. The NRC is establishing the Agencywide Documents Access and Management System (ADAMS) to provide for the electronic submission, storage, and retrieval of NRC official records. When ADAMS becomes operational, any NRC official records that are normally publicly available under the Commissions regulations will be available electronically through ADAMS. The regulations governing which records are publicly available are unaffected by this final rule. Publicly available records will be accessible electronically from the ADAMS Public Library component on the NRC Web site, http://www.nrc.gov (the Electronic Reading Room).

When ADAMS becomes operational, NRC will discontinue furnishing paper and microfiche copies of its publicly available records to the NRC Public Document Room (PDR), located in Washington, DC, and the Local Public Document Rooms (LPDRs), located near nuclear power plants and other nuclear facilities. Under ADAMS, NRC will initially begin making available electronically through the Electronic Reading Room on the NRC Internet Web site, imaged copies of its newly received and created publicly available official records that are in paper form. However, ultimately, NRCs newly created official records will all be stored in ADAMS only in electronic form, and NRC will maintain only its pre-ADAMS records as paper copies. Because of budget constraints and the improved access to newly received and created records via the NRC Web site under ADAMS, the Commission decided to discontinue funding of the LPDR program beyond Fiscal Year 1999.

The NRC currently maintains 86 LPDRs in the vicinity of nuclear reactor and materials licensees: 72 support power reactors; 2 support gaseous diffusion plants; 3 support high-level waste repositories; and the remaining 9 support fuel-cycle, low-level waste, and other facilities. A survey of the facilities where LPDRs are currently located revealed that all but six now provide, or will provide Internet access to its patrons by the end of 1999.

Additionally, although NRC plans to discontinue the LPDR program, it has offered each of the current LPDR libraries the opportunity to keep their current LPDR document collections so the pre-ADAMS LPDR collections can continue to be available in the local communities. Of the 86 current LPDRs, 64 have expressed an interest in maintaining their current LPDR document collections after the LPDR program is discontinued. The decision to accept this offer to transfer ownership of these collections and the length of time they will be maintained will be at the sole discretion of each library.

In addition, the Government Printing Office (GPO) has agreed to accept the LPDR microfiche collections that were not kept by the current LPDR libraries.

GPO will place these collections in their Federal Depository Library Program (FDLP). This assures the continuation of at least one LPDR microfiche collection in each of the states which now has one.

ADAMS will provide the following added benefits that should preclude or minimize any public concerns regarding the impact from discontinuing the LPDR program:

1. ADAMS Internet access will provide access to new records in full text and image.

2. ADAMS will provide an improved electronic search capability. Under the existing system, only the bibliographic indexes and abstracts for most records are available from the online BRS and NUDOCS.

3. Some new records will be available to the public within days instead of the

48943 Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations two weeks or longer it now takes for LPDRs to receive microfiche or paper copies of new accessions.

4. Internet public access to the NRC Web site will provide direct access to a much broader range of the public than just to those who, because of their close proximity, have access to the PDR and LPDRs.

The NRC PDR will still have pre-ADAMS paper and microfiche records on site and available to the public for viewing and copying. The PDR will also have computer terminals available for the public to access new documents on the NRC Web site. The public will still be able to obtain paper copies of new electronic records by printing them from the NRC Internet Web site, by ordering them for a fee from the PDR directly from the NRC Web site, or by using current ordering methods. The current methods are: in-person at the PDR, mail, e-mail, fax or by calling the PDR Reference Services on the toll-free 800 telephone number. Bibliographic descriptions of documents currently identified in the PDRs Bibliographic Retrieval System (BRS) and in NUDOCS will be posted on the NRC Web site.

This will also allow the public to order copies of pre-ADAMS paper and microfiche records. The public will also have access to the NRC Web site from any computer with Internet access, and will be able to download the records to the computer they are using for printing or other supported functions.

Public Comment Summary The NRC published a proposed rule on May 7, 1999, (64 FR 24531). In response, the NRC received ten comments from the public. The comments are addressed individually below:

1. Martha Dibblee, Received via Email May 14, 1999 Comment: If you eliminate the public document room and put it on the Internet (which I believe is a wonderful idea since I use the Internet) the rule or an appendix should include a list of public libraries in the U.S.

Response: The Public Document Room (PDR), in Washington, DC, is not being eliminated. The Local Public Document Room (LPDR) program, supporting document collections set up in libraries near nuclear facilities, is being discontinued. However, most of those libraries are retaining their collections. A list of public libraries in the U.S. should be available at any public library as well as on the Internet.

2. Connecticut Yankee Atomic Power Company (CYAPCO), Dated May 20, 1999 Comment: CYAPCO fully supports the NRCs initiative to implement a new document management system that would permit the electronic storage, retrieval, and on-line ordering of publicly available NRC official records through the NRC Web site.

Response: NRC considers this comment supportive of the rule and it requires no further response.

Comment: CYAPCO also supports expanded use of ADAMS for electronic licensee submittals and agency documents for docketed correspondence.

Response: NRC considers this comment supportive of the rule and it requires no further response.

3. State of Illinois, Department of Nuclear Safety (IDNS), Dated May 27, 1999 Comment: IDNS supports the expanded availability of NRC records through the NRC Web site. This should facilitate greater public access to the records and cost savings to NRC.

Response: NRC considers this comment supportive of the rule and it requires no further response.

Comment: Will documents relating to Part 30 and Part 40 licenses be available on the NRCs Web site?

Response: Yes, publicly available documents received or created after the implementation of ADAMS, relating to part 30 and part 40 licenses will be available on the NRCs Web site.

Documents prior to the implementation of ADAMS, will not routinely be placed into the ADAMS system, but they can be identified from the legacy systems indexes available online in the ADAMS Electronic Reading Room and ordered from the PDR; or, if convenient, can be accessed on the microfiche at one of the libraries that has retained the LPDR record collection. Those libraries and their locations will be identified on the NRC Web site.

Comment: NRC, not licensees, will be responsible for imaging paper copies into electronic form. Is this correct?

How will NRC handle oversize documents?

Response: Yes, NRC will be responsible for imaging paper copies if licensees do not submit documents in electronic form, including oversized documents.

Comment: Is there a legal requirement that facilities, where LPDRs are currently located, provide Internet access?

Response: No, NRC has no authority to do so and has never established any requirement that facilities where LPDRs are currently located provide Internet access.

Comment: Whose responsibility is it to provide and maintain such access?

Response: The decision as to whether or not an LPDR or any other public or educational library provides and/or maintains Internet access is not within NRCs jurisdiction. However, under the Telecommunications Act of 1996, the Federal government is supporting Internet access from public libraries and schools through fees collected under regulations issued by the Federal Communications Commission.

Likewise, many States have programs supporting Internet access from public libraries.

Comment: Has it been determined that such Internet access is Y2K compliant? If not, when will Y2K compliance be determined?

Response: NRC has no jurisdiction over Internet access at any of its current LPDR library facilities, including whether or not such access is Y2K compliant.

4. Lynn Connor, Portland, Oregon, Dated June 15, 1999 Comment: I believe it is impossible to provide any meaningful comment on a system that is not yet operational and for which there is very little public information available on how it will work.

Response: NRC acknowledges this comment and believes that sufficient information has been provided regarding the planned operation of the new system.

5. Sarah M. Fields, Moab, Utah, Dated June 21, 1999 Comment: The NRC should maintain at least one LPDR in each state that currently has an LPDR.

Response: Of the 73 LPDRs that have microfiche, 54 have agreed to keep their collections and the remaining 19 will be transferred to the GPO Federal Depository Library Program, assuring the continuation of at least one LPDR collection in each of the states which now has one. The libraries that currently house the collections to be relocated will receive the final shipments of microfiche from the current document management system, making the collections complete before any transfers. The LPDRs that have opted to keep their collections have been asked to contact the GPO first before making any disposition decisions if they change their mind and no longer wish to maintain their collections.

Comment: The NRC should facilitate the transfer of the LPDR collection from

48944 Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations any LPDR which does not wish to keep its collection to an appropriate library near the site of uranium mills which have operated under license to the AEC and/or the NRC.

Response: See response to previous comment.

Comment: The NRC should establish a priority list for the transfer of LPDR collections to mill site areas. First on the list should be the Grants and Gallup areas of New Mexico, Wyoming, and southeastern Utah.

Response: The first priority that NRC established was to allow current LPDR libraries to keep the collections they now have. The next priority was to transfer any microfiche collections that LPDR libraries did not elect to keep to the GPO for placement in their Federal Depository Library Program (FDLP) in, at minimum, each of the states which now has an LPDR microfiche collection.

The NRC currently maintains an LPDR in the Grants and Gallup areas of New Mexico, located at the Dine College, Crownepoint, New Mexico. An LPDR also exits in the state of Utah at the Marriott Library, University of Utah, Salt Lake City. Both of those libraries have elected to keep their collections.

There is not currently an LPDR in the state of Wyoming.

The change will not lessen the publics accessibility to NRC information, except to those few who, because of their close proximity, have had convenient access to the PDR and LPDRs prior to relocation of an LPDR.

Overall, public access to the NRC Web site via the Internet will provide direct access to a much broader range of the public than just those few for whom they were conveniently located before the move. The public can now use any access to the Internet to access NRC publicly available documents, whether it be from a public, college, or university library, their place of business, or their home using their own personal computer.

6. Nuclear Energy Institute (NEI), Dated June 21, 1999 Comment: NEI commends the NRC on its initiative to make its records available electronically. The availability of NRC records via an electronic format will provide broader, more timely access of this information to all of the NRCs stakeholders. Furthermore, the cost savings that will be realized through the elimination of the Local Public Document Room (LPDRs) will be beneficial to all stakeholders.

Response: NRC considers this comment supportive of the rule and it requires no further response.

7. Licensing Support Services, Dated June 18, 1999 Comment: It is prudent to try out a new system first, to debut it and verify that it can accomplish what is intended, before abandoning the tried-and-true method it is to replace.

Response: The NRCs current document management system, NUDOCS, was not Y2K compliant. A decision had to be made whether to expend funds to keep that system operating after ADAMS. The NRC determined that it was not economically feasible to keep NUDOCS operational.

Comment: The likelihood of a delay in implementing ADAMS, combined with the end of support for LPDRs at the beginning of FY00, makes it very likely that public access to information will be interrupted for a time.

Response: ADAMS should begin providing public access to documents effective October 1999. Public access to information is not expected to be interrupted. As previously described, most of the current LPDRs that have microfiche have agreed to keep their collections and the remaining ones will be transferred to the GPO Federal Depository Library Program. Should ADAMS implementation be delayed, NRC would continue with the current process until the new system is in place.

Comment: LSS is concerned that the volume of material, and the practical needs of preparing it for web availability, will make it difficult or impossible to fulfill the promise made in the proposed rule.

Response: Currently, documents to be posted to the Web site have to first be coded in hypertext markup language.

This process can take several days.

However, ADAMS is not currently being used for the posting of documents to the web. ADAMS does not require coding to post to the Web and, when it becomes operational, the only delays in release will be those which the NRC staff purposely establishes to preclude premature releases to the public.

8. Unsigned and Undated, Received June 24, 1999 Comment: The commenter provides various comments regarding concerns or dissatisfaction with the current status of public accessibility to records and interest in expansion of the current LPDR system.

Response: The proposed rule announced the change in the way the NRC will provide publicly available information. The change will not lessen the accessibility to NRC information, except perhaps in a few instances where LPDRs relocate, thereby making access to those records less accessible to those for whom they were conveniently located before the move. Overall, public access to the NRC Web site via the Internet will provide direct access to a much broader range of the public than just to those few who, because of their close proximity, have had convenient access to the PDR and LPDRs. The public can now use any access to the Internet to access NRC publicly available documents, whether it be from a public, college, or university library, their place of business, or their home using their own personal computer.

These changes to NRC regulations only affect the way records are made available to the public by formally discontinuing the LPDR program and making the Web the main avenue for public access. No other changes have been made or addressed.

Comment: Has NRC done an assessment of the use of the LPDRs and how do members of the public feel about NRCs plans?

Response: Over the years, NRC has received quarterly reports of public usage of the LPDRs and found use at many of them to be minimal. Based on the limited number of comments in response to the proposed rule and other miscellaneous responses in direct conversations with LPDR librarians, the current PDR and LPDR users welcome the new system which promises to provide much broader and easier access than currently available.

Comment: Should users be forced to pay a fee to access NRC documents?

Response: Libraries do not charge their patrons to view on the Internet, but as with paper copies, charges may be made for printing. Users now pay fees for copies of documents whether they obtain them from the PDR or the LPDR.

Under ADAMS, many users will be able to obtain documents at no cost via their home computers by downloading to a disk or printing a document. However, just as they do now, the public can still order documents from the PDR for a fee.

Comment: The NRC needs a customer feedback process to ensure that publics comments are obtained and acted upon during the transition period.

Response: NRC is very much aware of the need for public feedback to resolve problems that are certain to be encountered in this major transition.

The PDR will continue to serve as the public interface to assist the public in obtaining timely and full access to NRCs publicly available information and the ADAMS Web site will provide information and a means for the public to ask questions and provide comments.

48945 Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations Comment: Will NRC fund and maintain and upgrade the computer terminals, software, and printers in LPDRs?

Response: No. The NRC is discontinuing its LPDR program and will no longer be funding libraries that keep those collections.

Comment: If NRC is replacing the LPDR with the Internet why cant those records made available through NTIS also be made available through the Internet?

Response: Records made available through NTIS will be available through the Internet in ADAMS.

Comment: Shouldnt NRC build a relational information system such that a member of the public can locate all NRC and licensee information, including upcoming meetings about a specific licensee?

Response: The PDR staff has been assigned primary responsibility for the design of the organizational scheme for ADAMS to ensure that the transition from the current systems (BRS and NUDOCS) for locating documents to ADAMS will be as easy as possible for the public.

9. Winston & Strawn, Dated June 23, 1999 Comment: Given the magnitude and volume of official record material created and received by the Agency, we urge that a similar organizational scheme be adopted for the ADAMS to help facilitate the public access to documents by docket number, reference group, or subject area.

Response: See the previous response.

Comment: We recommend that the ADAMS or the PDR accommodate the public availability of records that are not suitable for electronic dissemination (e.g. video tapes, audio tapes, etc.).

Response: The NRC will accommodate the public availability of records that are not suitable for electronic dissemination.

Comment: Will imaged records in the ADAMS include the official NRC watermark and signature?

Response: The electronic copy of documents in ADAMS will show a signature (and watermark if it is present and visible enough to be imaged) just as is currently available in the microfiche and photocopies of paper records.

Comment: We believe that all NUREGs should be available on ADAMS.

Response: All publicly available NUREGs published after the implementation of ADAMS will be available in ADAMS. NUREGs published before the implementation of ADAMS may be placed in ADAMS on a selective basis.

Comment: The NRC should implement controls to ensure that the document processing contractor is properly qualified to classify externally generated documents.

Response: The NRC document processing contractor is the same contractor that processed documents under the NUDOCS system and will be qualified to classify those documents it processes under ADAMS. The document processing contractor determines the public availability of documents only for certain documents using pre-determined criteria. All others are made publicly available by staff review of the documents and instructions to the document processing contractor or by the staff processing them directly into ADAMS.

Comment: The NRC should include an advance copy public library in the ADAMS architecture.

Response: There will not be a need for an advance copy public library, since once a document is marked to be released to the public, the release is made. There will not be any backlog of unprocessed documents in this document management system.

10. Gerry C. Slagis, Pleasant Hill, CA, Dated June 23, 1999 Comment: I applaud the use of ADAMS to make NRC official records available to the public. However, I am against the shutting down of the LPDR program beyond Fiscal Year 1999. The problem is public access to the NRC official records prior to ADAMS. A person needs to be able to view the documents before copying certain pages or ordering the entire document.

Response: Although the NRC is going to discontinue the LPDR program at the end of September 1999, documents issued prior to ADAMS implementation will still be accessible to the public.

Documents published or issued before the implementation of ADAMS, will not routinely be placed into the ADAMS system. However, these documents can be identified from the legacy systems (BRS and NUDOCS) indexes available online in the ADAMS Electronic Reading Room and ordered from the PDR; or, if convenient, can be accessed on the microfiche at one of the libraries that has retained the LPDR record collection. Most of the LPDRs are keeping their microfiche collections.

Therefore, most of the public who have access to an LPDR now will continue to have access after ADAMS is operational.

Those libraries and their locations will be identified on the NRC Web site.

Because records will be released electronically to the public rather than in paper or microfiche, this rule amends the regulations in 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100, and 110 to reflect the manner in which these records would be made publicly available.

To reflect the discontinuance of NRC support of libraries serving as LPDRs, references to NRC LPDRs will be deleted in 10 CFR 2.1231(a)(1)(ii), and (b); 9.35 (b) and (e); 50.30(a)(5); part 50 Appendix Q, section 4; 51.120; part 52, Appendix O, section 5; part 52, Appendix Q, section 4, and 76.37(a).

In addition, several other minor conforming changes will be made. The definition of the PDR in 10 CFR 2.4, 60.2, and 110.2 is now in a new paragraph and will be revised to reflect that records newly created or received since the implementation of ADAMS that are publicly available are now available in the PDR in electronic form for inspection and copying, and that copies can be ordered from the PDR. A new paragraph will define the NRC Web site as the Internet location where NRC records are made available for public inspection and copying and that the public can also order copies of documents from the PDR through the NRC Web site.

Section 9.2(a) will be revised to delete the reference to the availability of records on 48x microfiche through the National Technical Information Service (NTIS). When NRC begins making its records available from the NRC Web site, microfiche copies will no longer be produced. The address for the NTIS and a statement that certain listed documents can be ordered from the NTIS will be added to 9.21(a). Section 9.21(d) will be deleted because the publication Title List of Documents Made Publicly Available, NUREG-0540, will no longer be published. Section 9.21(e) will be revised to show that only the published versions of final opinions and orders, referred to in 9.2(c)(1), are available from the NTIS in the publication, Nuclear Regulatory Issuances (NUREG-0750). The reference to interpretations in 9.21(c)(2) will be deleted because they are not available from NTIS.

Section 9.23(a)(2) will be deleted because it repeats information included in the revised 9.21(a). Section 51.123(a) and (b) will be revised to reflect the correct address where requests for draft environmental impact statements and draft findings of no significant hazard can be submitted.

Changes are made in several sections to reflect the correct name of the NRC

48946 Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations PDR. In addition, several misspelling corrections are made.

National Technology Transfer and Advancement Act The National Technology Transfer and Advancement Act of 1995, Pub. L.

104-113, requires that Federal agencies use technical standards developed or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or is otherwise impractical. There are no industry consensus standards that apply to the electronic availability of public records.

Thus, the provisions of the Act do not apply to this rulemaking.

Environmental ImpactCategorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(1) and (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements were approved by the Office of Management and Budget, approval numbers 3150-0043, 3150-0011, 3150-0021, 3150-0151, 3150-0127, 3150-0143, 3150-0132, 3150-0055, 3150-0093, and 3150-0036.

Public Protection Notification If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

Regulatory Analysis This final rule implements a new NRC procedure for making records available for public inspection and copying. This rule does not have any adverse economic impact on any class of licensee or the NRC. To the contrary, the final rule with its new provisions allowing Internet access from homes, offices, schools, and public libraries to NRC publicly released records provides some new and additional benefits to those seeking access to NRC records. A survey of the facilities where LPDRs are currently located revealed that all but six now provide, or will provide, Internet access to its patrons by the end of 1999. Additionally, although NRC plans to discontinue the LPDR program, it has offered each of the current LPDR libraries the opportunity to keep their current LPDR document collections so the pre-ADAMS LPDR collections can continue to be available in the local communities. Of the 86 current LPDRs, 64 have expressed an interest in maintaining their current LPDR document collections after the LPDR program is discontinued. This constitutes the regulatory analysis for this rule.

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 upon a substantial number of small entities. The final rule implements a new procedure for making records available to the public. The NRC believes that the changes will not have an adverse economic impact on any class of licensee, including small entities, or the general public. On the contrary, the NRC believes that the final rule provides wider opportunities and make it easier for interested persons to obtain or review publicly available NRC records.

Backfit Analysis The NRC has determined that the backfit rule does not apply to this final rule; and therefore, a backfit analysis is not required for this final rule because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR chapter 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 in 10 CFR 10 CFR Part 1 Organization and functions (Government agencies).

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.

10 CFR Part 7 Advisory committees, Sunshine Act.

10 CFR Part 9 Criminal penalties, Freedom of Information, Privacy, Reporting and recordkeeping requirements, Sunshine Act.

10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and records.

10 CFR Part 52 Administrative practice and procedure, Antitrust, Backfitting, Combined license, Early site review, Emergency planning, Fees, Inspection, Limited work authorization, Nuclear power plants and reactors, Probabilistic risk assessment, Prototype, Reactor siting criteria, Redress of site, Reporting and recordkeeping requirements, Standard design, Standard design certification.

10 CFR Part 60 Criminal penalties, High-level waste, Nuclear power plants and reactors, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 62 Administrative practice and procedure, Denial of access, Emergency access to low-level waste disposal, Low-level radioactive waste, Low-level radioactive treatment and disposal, Low-level waste policy amendments act of 1985, Nuclear materials, Reporting and recordkeeping requirements.

10 CFR Part 72 Manpower training programs, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

10 CFR Part 75 Criminal penalties, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

48947 Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations 10 CFR Part 76 Certification, Criminal penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Special nuclear material, Uranium enrichment by gaseous diffusion.

10 CFR Part 100 Nuclear power plants and reactors, Reactor siting criteria.

10 CFR Part 110 Administrative practice and procedure, Classified Information, Criminal penalties, Export, Import, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, 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 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100 and 110.

PART 1STATEMENT OF ORGANIZATION AND GENERAL INFORMATION:

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

Authority: Secs. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L.85-256, 71 Stat. 579, Pub. L.95-209,91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241);

secs. 201, 203, 204, 205, 209, 88 Stat. 1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980.

2. In § 1.3, paragraph (a) is revised to read as follows:

§ 1.3 Sources of additional information.

(a) A statement of the NRCs organization, policies, procedures, assignments of responsibility, and delegations of authority is in the Nuclear Regulatory Commission Management Directives System and other NRC issuances, including local directives issued by Regional Offices.

Letters and memoranda containing directives, delegations of authority and the like are also issued from time to time and may not yet be incorporated into the Management Directives System, parts of which are revised as necessary.

Copies of the Management Directives System and other delegations of authority are available for public inspection and copying for a fee at the NRC Public Document Room, 2120 L Street, NW., Washington, D.C., and at each of NRCs Regional Offices.

Information may also be obtained from the Office of Public Affairs or from Public Affairs Officers at the Regional Offices. In addition, NRC Functional Organization Charts, NUREG-0325, contains detailed descriptions of the functional responsibilities of NRCs offices. It is revised annually and is available for public inspection at the NRC Web site, http://www.nrc.gov, and/

or at the NRC Public Document Room, or for purchase from the Superintendent of Documents, US Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082; and from the National Technical Information Service, Springfield, VA 22161.

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

3. 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). Sections 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). 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). 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).

4. Section 2.4 is amended by adding the definition of NRC Public Document Room and NRC Web site to read as follows:

§ 2.4 Definitions.

NRC Public Document Room means the facility at 2120 L Street, NW, Washington, DC where certain public records of the NRC that were made available for public inspection in paper or microfiche prior to the implementation of the NRC Agencywide Documents Access and Management System, commonly referred to as ADAMS, will remain available for public inspection. It is also the place where NRC makes computer terminals available to access the Electronic Reading Room component of ADAMS on the NRC Web site, http://

www.nrc.gov, and where copies can be made or ordered as set forth in § 9.35 of this chapter. The facility is staffed with reference librarians to assist the public in identifying and locating documents and in using the NRC Web site and ADAMS. The NRC Public Document Room is open from 7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays. Reference service and access to documents may also be requested by telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm, or by e-mail (PDR@nrc.gov),

fax (202-634-3343), or letter (NRC Public Document Room, LL-6, Washington, D.C. 20555-0001).

NRC Web site, http://www.nrc.gov, is the Internet uniform resource locator name for the Internet address of the Web site where NRC will ordinarily make available its public records for inspection.

5. In § 2.101, paragraph (a)(2) is revised to read as follows:

§ 2.101 Filing of application (a) * * *

(2) Each application for a license for a facility or for receipt of waste radioactive material from other persons for the purpose of commercial disposal by the waste disposal licensee will be assigned a docket number. However, to allow a determination as to whether an application for a construction permit or operating license for a production or utilization facility is complete and acceptable for docketing, it will be initially treated as a tendered

48948 Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations application. A copy of the tendered application will be available for public inspection at the NRC Web site, http:/

/www.nrc.gov, and/or at the NRC Public Document Room. Generally, the determination on acceptability for docketing will be made within a period of thirty (30) days. However, in selected construction permit applications, the Commission may decide to determine acceptability on the basis of the technical adequacy of the application as well as its completeness. In these cases, the Commission, pursuant to § 2.104(a),

will direct that the notice of hearing be issued as soon as practicable after the application has been tendered, and the determination of acceptability will be made generally within a period of sixty (60) days. For docketing and other requirements for applications pursuant to part 61 of this chapter, see paragraph (g) of this section.

6. In § 2.110, paragraph (c) is revised to read as follows:

§ 2.110 Filing and administrative action on submittals for design review or early review of sitesuitability issues.

(c) Upon completion of review by the NRC staff and the ACRS of a submittal of the type described in paragraph (a)(1) of this section, the Director of the Office of Nuclear Reactor Regulation shall publish in the Federal Register a determination as to whether or not the design is acceptable, subject to conditions as may be appropriate, and shall make available at the NRC Web site, http://www.nrc.gov, a report that analyzes the design.

7. In § 2.206, paragraph (a) is revised to read as follows:

§ 2.206 Requests for action under this subpart.

(a) Any person may file a request to institute a proceeding pursuant to

§ 2.202 to modify, suspend, or revoke a license, or for any other action as may be proper. Requests must be addressed to the Executive Director for Operations and must be filed either by delivery to the NRC Public Document Room at 2120 L Street, NW, Washington, DC, or by mail or telegram addressed to the Executive Director for Operations, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001. The request must specify the action requested and set forth the facts that constitute the basis for the request. The Executive Director for Operations will refer the request to the Director of the NRC office with responsibility for the subject matter of the request for appropriate action in accordance with paragraph (b) of this section.

8. In § 2.701, paragraph (a)(1) is revised to read as follows:

§ 2.701 Filing of documents.

(a) * * *

(1) By delivery to the NRC Public Document Room at 2120 L Street, NW.,

Washington, DC, or

9. In § 2.740, paragraph (b) (1) is revised to read as follows:

§ 2.740 General provisions governing discovery.

(b) * * *

(1) In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the proceeding, whether it relates to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. When any book, document or other tangible thing sought is reasonably available from another source, such as at the NRC Web site, http://www.nrc.gov, and/or the NRC Public Document Room, sufficient response to an interrogatory involving such materials would be the location, the title and a page reference to the relevant book, document or tangible thing. In a proceeding on an application for a construction permit or an operating license for a production or utilization facility, discovery begins only after the prehearing conference provided for in

§ 2.751a and relates only to those matters in controversy which have been identified by the Commission or the presiding officer in the prehearing order entered at the conclusion of that prehearing conference. In such a proceeding, no discovery may take place after the beginning of the prehearing conference held pursuant to § 2.752 except upon leave of the presiding officer upon good cause shown. It is not ground for objection that the information sought will be inadmissible at the hearing if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.

10. In § 2.750, paragraph (a) is revised to read as follows:

§ 2.750 Official reporter; transcript.

(a) A hearing will be reported under the supervision of the presiding officer, stenographically or by other means, by an official reporter who may be designated by the Commission or may be a regular employee of the Commission. The transcript prepared by the reporter is the sole official transcript of the proceeding. Except as limited pursuant to Sec. 181 of the Act or order of the Commission, the transcript will be available for inspection at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room. Copies of transcripts are available to parties and to the public from the official reporter on payment of the specified charges.

11. In § 2.790, the introductory text of paragraph (a) and paragraph (c) are revised to read as follows:

§ 2.790 Public inspections, exemptions, requests for withholding.

(a) Subject to the provisions of paragraphs (b), (d), and (e) of this section, final NRC records and documents, including but not limited to correspondence to and from the NRC regarding the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, or order, or regarding a rulemaking proceeding subject to this part shall not, in the absence of a compelling reason for nondisclosure after a balancing of the interests of the person or agency urging nondisclosure and the public interest in disclosure, be exempt from disclosure and will be made available for inspection and copying at the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document Room, except for matters that are:

(c) If a request for withholding pursuant to paragraph (b) of this section is denied, the Commission will notify an applicant for withholding of the denial with a statement of reasons. The notice of denial will specify a time, not less than thirty (30) days after the date of the notice, when the document will be available at the NRC Web site, http:/

/www.nrc.gov. If, within the time specified in the notice, the applicant requests withdrawal of the document, the document will not be available at the NRC Web site, http://www.nrc.gov, and will be returned to the applicant:

Provided, that information submitted in a rule making proceeding which subsequently forms the basis for the final rule will not be withheld from public disclosure by the Commission and will not be returned to the applicant after denial of any application for withholding submitted in connection with that information. If a request for withholding pursuant to paragraph (b) of this section is granted, the

58792 Federal Register / Vol. 68, No. 197 / Friday, October 10, 2003 / Rules and Regulations 1 The NPRC has also issued guidance on managing quality assurance records in electronic media. See RIS 2000-18, October 23, 2000, available at the NPCs Web site.

NUCLEAR REGULATORY COMMISSION 10 CFR Chapter I RIN 3150-AH33 Electronic Maintenance and Submission of Information AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its rules to clarify when and how licensees and other members of the public may use electronic means such as CD-ROM and e-mail to communicate with the agency.

These amendments are necessary to implement the Government Paperwork Elimination Act (GPEA). At the same time that the NRC is amending its rules, it is also making available guidance on how to submit documents to the agency electronically. When this final rule becomes effective, this new guidance document, which is appended to this rule, will supersede earlier guidance on electronic submissions.

EFFECTIVE DATE: The final rule will become effective on January 1, 2004.

ADDRESSES: The final rule and any related documents are available on the NRCs interactive rulemaking Web site at http://ruleforum.llnl.gov. For information about the interactive rulemaking site, contact Ms. Carol Gallagher, (301) 415-5905, CAG@nrc.gov.

Publicly available NRC documents related to this final rule can also be viewed on public computers in the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike, Rockville, Maryland, Room O-1 F21. The PDR reproduction contractor will make copies of documents for a fee.

Publicly available documents created or received at the NRC after November 1, 1999, are also available electronically at the NRCs Electronic Reading Room at http://www.nrc.gov/NRC/reading-rm/

adams.html. From this site, the public can gain entry into the NRCs Agencywide Documents Access and Management System (ADAMS), which provides text and image files of NRCs public documents. If you do not have access to ADAMS or have problems accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to PDR@nrc.gov.

FOR FURTHER INFORMATION CONTACT: John A. Skoczlas, (301) 415-7186, EIE@nrc.gov; or Brenda J. Shelton, (301) 415-7233, INFOCOLLECTS@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background II. The Final Rule III. Comments on the Guidance Document IV. Section-by-Section Analysis V. Voluntary Consensus Standards VI. Environmental Impact: Categorical Exclusion VII. Paperwork Reduction Act Statement VIII. Regulatory Analysis IX. Regulatory Flexibility Certification X. Backfit Analysis XI. Congressional Review I. Background On September 6, 2002, the Nuclear Regulatory Commission (NRC) published the direct final rule, Electronic Maintenance and Submission of Information (RIN 3150-AF61), for comment (67 FR 57084).

Along with the rule, the NRC also published its draft Guidance for Electronic Submissions to the Commission for comment.

This rulemaking had the simple aim of conforming the NRCs regulations to the GPEA by removing from the regulations language that states or suggests an unnecessary prohibition of electronic submission of documents to the agency. Because the NRC believed that this action would not cause controversy, the NRC initially published these amendments as a direct final rule.

However, the NRC received significant adverse comments on both the direct final rule and the guidance document appended to the rule. The NRC, therefore, withdrew the direct final rule on December 4, 2002 (67 FR 72091), and treated the comments received as comments on the companion proposed rule published concurrently with the direct final rule (67 FR 57120; September 6, 2002). The comments received are addressed in this final rule and guidance.

The NRC received formal comments from 19 persons or organizations. The comments concerned both the rule and the draft guidance. However, the majority of the comments were on the guidance document. Although the NRC is not required to address the comments received on its proposed guidance, the NRC believes that it is appropriate to document the resolution of the comments on the guidance document, and to do so in this notice, because the rule and the guidance are being published simultaneously and form a cohesive package.

Title XVII of Pub. L. 105-277, the Omnibus Consolidated and Emergency Supplemental Appropriations Act of 1999, enacted October 21, 1998, contains provisions known as the Government Paperwork Elimination Act (GPEA), Sections 1701 et seq., codified at 44 U.S.C. 3504, note. The GPEA requires, among other things, that by October 21, 2003, all Federal agencies provide persons with business before that agency the option of electronically maintaining, submitting, or disclosing information where practicable. By that same October 2003 date, the agencies must also accept electronic signatures. The Acts provisions seek to take advantage of advances in modern technology to lessen the paperwork burden on those who deal with the Federal government.

Well before the passage of the GPEA, the NRC had taken major steps to increase the use of electronic communication. For example, many of the agencys regulations on recordkeeping have long permitted storage in electronic format. After the GPEA became law, the NRC moved quickly to meet the Acts requirements.

In June 1999, the agency began testing a system that permitted holders of operating licenses for nuclear power reactors, and the vendors that supplied them, to make electronic submissions to the agency in a secure manner. On several occasions, the NRC held public meetings with licensees, vendors, and others to describe and demonstrate its Electronic Information Exchange (EIE) capability.

As a result of this pilot program, on January 26, 2001, the NRC issued Regulatory Issue Summary (RIS) 2001-05, Guidance on Submitting Documents to the NRC by Electronic Information Exchange or on CD-ROM, which informs all Part 50 applicants and licensees that they have the option of submitting documents to the NRC over the Internet by the EIE process or on CD-ROM under procedures spelled out in the RIS. The RIS does not cover electronic submissions under regulations other than those in Part 50.

However, on August 10, 2001, the agency issued a letter to certain fuel cycle facilities giving them the option of electronic submissions in many circumstances.1 Nonetheless, these two documents do not cover other materials licensees or members of the general public.

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58793 Federal Register / Vol. 68, No. 197 / Friday, October 10, 2003 / Rules and Regulations 2 For similar reasons, we have revised § 63.22 to require that the license application, any amendments to the application, and the environmental impact statement and its supplements for the Yucca Mountain facility be submitted also on optical storage media. In fact, the Department of Energy has already submitted the final environmental impact statement for Yucca Mountain on optical storage media. Moreover, this new requirement in § 63.22 is virtually entailed by the existing requirement in 10 CFR 2.1013(a)(2) that the application be docketed in electronic form, and that the Secretary of the Commission determine that the application can be properly accessed under the Commissions rules for the electronic docket in the Yucca Mountain proceeding. Indeed, if the Secretary cannot make such a determination, the agency may reject the application as unacceptable for docketing. See 10 CFR 2.1012(a).

applicants, and members of the public the option, where practicable, of submitting documents to the NRC in an electronic format, for example on CD-ROM, by e-mail, or through a special Web-based interface such as the NRCs Electronic Information Exchange.

Generally, electronic submission of documents to the NRC remains voluntary; paper documents remain an acceptable form of submission.

The GPEA requires that agencies accept electronic submissions only when it is practicable to do so, but the statute does not define the term practicable. At the very least, it is not practicable for the agency to receive electronic submissions unless they are made in a manner that enables the agency to receive, read, authenticate, distribute, process and retrieve a page at a time, and archive the submissions.

The final regulations in this notice incorporate this general notion of practicable. Although the proposed rule did not contain this language, we have added it throughout the final rule in part to make clear that the agency cannot as a practical matter accept electronic communications in every format that submitters might choose.

However, beyond this, the term acquires meaning only in concrete circumstances and moreover tends to change as those circumstances change because the underlying technology changes quickly. Under these continually changing circumstances, the NRC does not want to write certain technologies into its regulations.

Therefore, the technologically driven details of how to make electronic submissions to the NRC are laid out in the guidance document that is appended to this rule. The guidance document will be updated as necessary to reflect new technology and agency experience. The guidance discusses, among other topics, the formats the NRC is prepared to accept, the use of electronic signatures, and the treatment of nonpublic information. Most of the amendments made by this rule take the limited approach of letting readers of the regulations know that the option of electronic submission is available in many cases, and that readers should consult the agencys guidance on electronic submissions.

The NRC has also used the criterion of practicability to determine to what extent sensitive information could be protected in electronic submissions, whether such submissions could serve the needs of immediate notification, and whether the agency was prepared to make all of its outgoing communications electronic. In each of these cases, as will be discussed further below, the agency has concluded that electronic submissions are not yet always practicable because use of electronic submission in these other situations can entail disproportionate costs in time, labor, and other resources, and sometimes can even delay doing something that needs to be done quickly. Since one aim of the GPEA is to increase the efficiency of government, when the use of electronic media for submission decreases efficiency, the use of electronic media is, at least for the time being, not practicable.

Public comments on the proposed rule have led us to make a significant change in what we consider practicable. The proposed rule would have continued to require multiple copies of paper submissions (though in reduced numbers), and would, moreover, have required the same number of copies of documents submitted on CD-ROM. However, in light of the comments, the NRC has decided to eliminate nearly all requirements for multiple copies, and most of the changes to the proposed rule implement that decision. We say nearly all, because we have retained, and made more explicit, the requirement in Part 63 that the application for a license for a first-of-a-kind high-level waste repository at Yucca Mountain, Nevada, be submitted in multiple paper copies. We have not wished to introduce new options into a unique process that has come far enough to give the probable participants reasonably settled expectations about how the application will be submitted and distributed. Moreover, given the technology that is reasonably available to all the probable participants, the application is more likely to be distributed in a timely way if the current regulations are adhered to; and, given the statutory time limit on the length of the licensing proceeding, time is of the essence.2 However, these same arguments do not apply to possible future applications under the generic high-level waste regulations in Part 60, and so the requirements for multiple copies have been removed from that part. For a related discussion of the meaning of practicable, see the beginning of Section III of this notice.

This single copy policy represents a major change in the way the NRC does business, and, as is noted later, the agency may have to make exception to the policy when dealing with CD-ROMs that contain certain kinds of files. The GPEA requires agency compliance by October 21, 2003, where practicable.

The rule and guidance are being published by that date. However, the transition to electronic communications will be gradual. The NRC has established January 1, 2004, as the effective date of the rule and guidance document. It is not practicable to implement fully the rule and guidance any sooner. The guidance document has been updated to include several new sections on organizing and segmenting files. These new sections will enhance the NRCs capability to produce paper copies. In the meantime, the delayed effective date for the rule and guidance will allow additional time for the NRC to develop its implementation plan and procedures and prepare to meet its staffs requirements for on-demand paper and CD-ROM copies. This delay will also allow both the NRC staff and submitters (particularly NRC licensees) more time to become familiar with the guidance and to modify their business processes (as appropriate) to achieve a successful transition to the electronic environment. The existing guidance documents on electronic submissions, Regulatory Issue Summary 2001-05 (which was directed toward Part 50 licensees and applicants) and the August 10, 2001, letter (which was directed toward certain fuel cycle facilities) will remain in effect during the period between the required GPEA compliance date (October 21, 2003) and the effective date of this final rule (January 1, 2004). When this final rule takes effect, the new guidance document will supersede both of the existing guidance documents on electronic submissions.

Few of the NRCs regulations on communications explicitly rule out electronic communications. Thus, it has not proven difficult to remove regulatory text that impedes electronic communications in circumstances where electronic communications would be practicable. In searching our regulations, we found only one regulation§ 50.4(c)that explicitly required the submission of paper. Many of our regulations require written, or written and signed, communications.

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58799 Federal Register / Vol. 68, No. 197 / Friday, October 10, 2003 / Rules and Regulations 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). Section 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).

I 2. In § 2.206, the second sentence of paragraph (a) is removed and three sentences are added in its place to read as follows:

§ 2.206 Requests for action under this subpart.

(a) * *

• Requests must be addressed to the Secretary of the Commission and must be filed either by hand delivery to the NRCs Offices at 11555 Rockville Pike, Rockville, Maryland; by mail or telegram addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or by electronic submission, for example, via facsimile, Electronic Information Exchange, e-mail, or CD-ROM.

Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time.

Detailed guidance on making electronic submissions can be obtained by visiting the NRCs Web site at http://

www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail to EIE@nrc.gov; or by writing the Office of the Chief Information Officer, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001. * *

• I 3. In § 2.802, paragraph (a) and the second sentence of the introductory text of paragraph (b) are revised to read as follows:

§ 2.802 Petition for rulemaking.

(a) Any interested person may petition the Commission to issue, amend or rescind any regulation. The petition should be addressed to the Secretary, Attention: Rulemakings and Adjudications Staff, and sent either by mail addressed to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by facsimile; by hand delivery to the NRCs offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, e-mail, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time.

Detailed guidance on making electronic submissions can be obtained by visiting the NRCs Web site at http://

www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail to EIE@nrc.gov, or by writing the Office of the Chief Information Officer, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information.

(b) * *

• A prospective petitioner also may telephone the Rules and Directives Branch on (301) 415-7163, or toll free on (800) 368-5642, or send e-mail to NRCREP@nrc.gov.

PART 4NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION I 4. The authority citation for part 4 is revised to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 274, 73 Stat.

688, as amended (42 U.S.C. 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841);

sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

Subpart A also issued under secs. 602-605, Pub. L.88-352, 78 Stat. 252, 253 (42 U.S.C.

2000d-1-2000d-4); sec. 401, 88 Stat. 1254 (42 U.S.C. 5891).

Subpart B also issued under sec. 504, Pub.

L.93-112, 87 Stat. 394 (29 U.S.C. 706); sec. 119, Pub. L.95-602, 92 Stat. 2984 (29 U.S.C.

794); sec. 122, Pub. L.95-602, 92 Stat. 2984 (29 U.S.C. 706(6)).

Subpart C also issued under Title III of Pub. L.94-135, 89 Stat. 728, as amended (42 U.S.C. 6101).

Subpart E also issued under 29 U.S.C. 794.

I 5. Section 4.5 is revised to read as follows:

§ 4.5 Communications and reports.

Except as otherwise indicated, communications and reports relating to this part may be sent to the NRC by mail addressed to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by hand delivery to the NRCs offices at 11555 Rockville Pike, Rockville, Maryland; or, where practicable, by electronic submission, for example, via Electronic Information Exchange, or CD-ROM. Electronic submissions must be made in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the submission, and process and retrieve it a single page at a time. Detailed guidance on making electronic submissions can be obtained by visiting the NRCs Web site at http://

www.nrc.gov/site-help/eie.html, by calling (301) 415-6030, by e-mail to EIE@nrc.gov, or by writing the Office of the Chief Information Officer, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001. The guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information.

I 6. In § 4.570, paragraph (c) is revised to read as follows:

§ 4.570 Compliance procedures.

(c) The Civil Rights Program Manager, Office of Small Business and Civil Rights, shall be responsible for coordinating implementation of this section. Complaints should be sent to the NRC using an appropriate method listed in § 4.5.

PART 9PUBLIC RECORDS I 7. The authority citation for part 9 is revised to read as follows:

Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.

1242, as amended (42 U.S.C. 5841); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

Subpart A also issued under 5 U.S.C. 552; 31 U.S.C. 9701; Pub. L.99-570.

Subpart B is also issued under 5 U.S.C.

552a.

Subpart C also issued under 5 U.S.C. 552b.

I 8. Section 9.6 is added to read as follows:

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This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week.

Rules and Regulations Federal Register 25997 Vol. 69, No. 91 Tuesday, May 11, 2004 NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150-AG49 Changes to Adjudicatory Process; Correction AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule: correction.

SUMMARY

This document corrects a final rule appearing in the Federal Register on January 14, 2004 (69 FR 2182) amending the NRCs regulations concerning its rules of practice for adjudications. This action is necessary to correct unintentional errors in the final rule, including the title of the Appendix, the omission of an entry in the table, and the formatting of the table.

DATES: Effective Date: February 13, 2004.

FOR FURTHER INFORMATION CONTACT:

Geary S. Mizuno, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-1639, e-mail GSM@nrc.gov.

SUPPLEMENTARY INFORMATION: This document corrects the title, formatting and the unintentional omission of an entry in Appendix D to Part 2 that was published as part of the final rule that amended its rules of practice on January 14, 2004 (69 FR 2182).

List of Subjects in 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.

PART 2RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS I 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; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

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(0); 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, 2.321 also issued under secs. 102, 163, 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). Section 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). Subpart C also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Sections 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 also issued under 5 U.S.C.

554. Sections 2.343, 2.346, 2.754, 2.712, 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).

Subpart N also issued under sec. 189, 68 Stat.

955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L.91-550, 84 Stat. 1473 (42 U.S.C. 2135).

I 2. Appendix D to part 2 is corrected to read as follows:

Appendix D to Part 2Schedule for the Proceeding on Consideration of Construction Authorization for a High-Level Waste Geologic Repository.

Day Regulation (10 CFR)

Action 0..................

2.101(f)(8), 2.105(a)(5)..............................

Federal Register Notice of Hearing.

30................

2.309(b)(2).................................................

Petition to intervene/request for hearing, w/contentions.

30................

2.309(b)(2).................................................

Petition for status as interested government participant.

55................

2.315(c)......................................................

Answers to intervention & interested government participant Petitions.

62................

2.309(h)(1).................................................

Petitioners response to answers.

70................

2.1021........................................................

First Prehearing conference.

100..............

2.309(h)(2).................................................

First Prehearing Conference Order identifying participants in proceeding, admitted contentions, and setting discovery and other schedules.

110..............

2.1021........................................................

Appeals from First Prehearing Conference Order.

120..............

Briefs in opposition to appeals.

150..............

2.1021, 2.329.............................................

Commission ruling on appeals for First Prehearing Conference Order.

548..............

NRC Staff issues SER.

578..............

2.1022........................................................

Second Prehearing Conference.

608..............

2.1021, 2.1022...........................................

Discovery complete; Second Prehearing Conference Order finalizes issues for hear-ing and sets schedule for prefiled testimony and hearing.

618..............

2.1015(b)...................................................

Appeals from Second Prehearing Conference Order.

628..............

2.1015(b), c.f. 2.710(a)..............................

Briefs in opposition to appeals; last date for filing motions for summary disposition.

648..............

c.f. 2.710(a)...............................................

Last date for responses to summary disposition motions.

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25998 Federal Register / Vol. 69, No. 91 / Tuesday, May 11, 2004 / Rules and Regulations Day Regulation (10 CFR)

Action 658..............

2.710(a).....................................................

Commission ruling on appeals from Second Prehearing Conference Order; last date for party opposing summary disposition motion to file response to new facts and arguments in any response supporting summary disposition motion.

698..............

2.1015(b)...................................................

Decision on summary disposition motions (may be determination to dismiss or to hold in abeyance).

720..............

c.f. 2.710(a)...............................................

Evidentiary hearing begins.

810..............

Evidentiary hearing ends.

840..............

2.712(a)(1).................................................

Applicants proposed findings.

850..............

2.712(a)(2).................................................

Other parties proposed findings.

855..............

2.712(a)(3).................................................

Applicants reply to other parties proposed findings.

955..............

2.713..........................................................

Initial decision.

965..............

2.342(a), 2.345(a), 2.1015(c)(1)................

Stay motion. Petition for reconsideration, notice of appeal.

975..............

2.342(d), 2.345(b)......................................

Other parties responses to stay motion and Petitions for reconsideration.

985..............

Commission ruling on stay motion.

995..............

2.1015(c)(2)...............................................

Appellants briefs.

1015............

2.1015(c)(3)...............................................

Appellees briefs.

1055............

2.1023 Supp. Info......................................

Completion of NMSS and Commission supervisory review; issuance of construction authorization; NWPA 3-year period tolled.

1125............

Commission decision.

Dated at Rockville, Maryland, this 5th day of May, 2004.

For the Nuclear Regulatory Commission.

Michael T. Lesar, Federal Register Liaison Officer.

[FR Doc. 04-10615 Filed 5-10-04; 8:45 am]

BILLING CODE 7590-01-P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 23

[Docket No. CE206; Special Conditions No.

23-146-SC]

Special Conditions: Cessna Aircraft Company; Cessna Model 182T/T182T Airplane; Installation of Electronic Flight Instrument System and the Protection of the System From High Intensity Radiated Fields (HIRF)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final special conditions; request for comments.

SUMMARY

These special conditions are issued for the Cessna Aircraft Company, Model 182T/T182T airplane. This airplane, as modified by Cessna Aircraft Company, will have a novel or unusual design feature(s) associated with the installation of a Garmin G1000 electronic flight instrument system and the protection of this system from the effects of high intensity radiated field (HIRF) environments. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES: The effective date of these special conditions is April 27, 2004.

Comments must be received on or before June 10, 2004.

ADDRESSES: Comments on these special conditions may be mailed in duplicate to: Federal Aviation Administration, Regional Counsel, ACE-7, Attention:

Rules Docket CE206, 901 Locust, Room 506, Kansas City, Missouri 64106; or delivered in duplicate to the Regional Counsel at the above address.

Comments must be marked: CE206.

Comments may be inspected in the Rules Docket weekdays, except Federal holidays, between 7:30 a.m. and 4 p.m.

FOR FURTHER INFORMATION CONTACT: Mr.

Wes Ryan, Federal Aviation Administration, Aircraft Certification Service, Small Airplane Directorate, ACE-111, 901 Locust, Room 301, Kansas City, Missouri, 816-329-4127, fax 816-329-4090.

SUPPLEMENTARY INFORMATION: The FAA has determined that notice and opportunity for prior public comment hereon are impracticable because these procedures would significantly delay issuance of the approval design and thus delivery of the affected aircraft. In addition, the substance of these special conditions has been subject to the public comment process in several prior instances with no substantive comments received. The FAA therefore finds that good cause exists for making these special conditions effective upon issuance.

Comments Invited Interested persons are invited to submit such written data, views, or arguments as they may desire.

Communications should identify the regulatory docket or special condition number and be submitted in duplicate to the address specified above. All communications received on or before the closing date for comments will be considered by the Administrator. The special conditions may be changed in light of the comments received. All comments received will be available in the Rules Docket for examination by interested persons, both before and after the closing date for comments. A report summarizing each substantive public contact with FAA personnel concerning this rulemaking will be filed in the docket. Commenters wishing the FAA to acknowledge receipt of their comments submitted in response to this notice must include a self-addressed, stamped postcard on which the following statement is made: Comments to CE206. The postcard will be date stamped and returned to the commenter.

Background

On April 7, 2003, Cessna Aircraft Company applied for an amended type certificate for their new Cessna Model 182T to install a Garmin G1000 electronic flight instrument system with a primary flight display on the pilot side and a multifunction display in the center instrument panel. The Cessna Model 182T is single engine, high wing airplane capable of carrying four passengers.

The proposed modification incorporates a novel or unusual design feature, such as digital avionics consisting of an EFIS that may be vulnerable to HIRF external to the airplane.

Type Certification Basis Under the provisions of 14 CFR 21.101, Cessna Aircraft Company must VerDate jul<14>2003 17:36 May 10, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\11MYR1.SGM 11MYR1

This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week.

Rules and Regulations Federal Register 41749 Vol. 69, No. 132 Monday, July 12, 2004 NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150-AH33 Electronic Maintenance and Submission of Information; Correction AGENCY: Nuclear Regulatory Commission.

ACTION: Correcting amendment.

SUMMARY

The Nuclear Regulatory Commission published a final rule in the Federal Register on October 10, 2003 (68 FR 58791), amending the NRCs regulations to clarify when and how licensees and other members of the public may use electronic means such as CD-ROM and e-mail to communicate with the agency. That final rule inadvertently changed the addressee for the submission of requests for action under 10 CFR 2.206. This action corrects the final regulations by inserting the correct addressee.

EFFECTIVE DATE: July 12, 2004.

FOR FURTHER INFORMATION CONTACT: John A. Skoczlas, (301) 415-7186, EIE@nrc.gov; or Brenda J. Shelton, (301) 415-7233, INFOCOLLECTS@nrc.gov.

SUPPLEMENTARY INFORMATION: The final regulation erroneously changed the addressee for the submission of requests under 10 CFR 2.206 from the Executive Director for Operations to the Secretary of the Commission. The NRC did not intend to change its long-standing practice of requiring that requests filed under § 2.206 be addressed to the Executive Director for Operations. This document corrects that error.

List of Subjects in 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.

I Accordingly, 10 CFR part 2 is corrected by making the following correcting amendment:

PART 2RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS I 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; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

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(0); 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, 2.321 also issued under secs. 102, 163, 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). Section 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). Subpart C also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Sections 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 also issued under 5 U.S.C. 554. Sections 2.343, 2.346, 2.754, 2.712, 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). Subpart N also issued under sec. 189, 68 Stat. 955 (42 U.S.C.

2239). Appendix A also issued under sec. 6, Pub. L.91-550, 84 Stat. 1473 (42 U.S.C.

2135).

I 2. In § 2.206, the second sentence of paragraph (a) is revised to read as follows:

§ 2.206 Requests for action under this subpart.

(a) * *

• Requests must be addressed to the Executive Director for Operations and must be filed either by hand delivery to the NRCs Offices at 11555 Rockville Pike, Rockville, Maryland; by mail or telegram addressed to the Executive Director for Operations, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001; or by electronic submissions, for example, via facsimile, Electronic Information Exchange, e-mail, or CD-ROM. * *

• Dated in Rockville, Maryland this 6th day of July, 2004.

For the Nuclear Regulatory Commission.

Michael T. Lesar, Federal Register Liaison Officer.

[FR Doc. 04-15697 Filed 7-9-04; 8:45 am]

BILLING CODE 7590-01-P DEPARTMENT OF HOMELAND SECURITY Customs and Border Protection 19 CFR Part 101

[CBP Dec. 04-22]

Extension of Port Limits of Memphis, TN AGENCY: Customs and Border Protection, Homeland Security.

ACTION: Final rule.

SUMMARY

This document adopts as a final rule, a proposed extension of the port limits of the port of Memphis, Tennessee, to include all of the territory within the limits of DeSoto County, northern Mississippi. The port extension is being proposed in order to facilitate economic development in northern Mississippi, and to provide convenience and improved service to carriers, importers, and the general public.

EFFECTIVE DATE: August 11, 2004.

FOR FURTHER INFORMATION CONTACT:

Dennis Dore, Office of Field Operations, (202) 927-6871.

VerDate jul<14>2003 14:09 Jul 09, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\12JYR1.SGM 12JYR1

This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week.

Rules and Regulations Federal Register 69421 Vol. 70, No. 220 Wednesday, November 16, 2005 NUCLEAR REGULATORY COMMISSION 10 CFR Part 1 RIN 3150-AH79 Statement of Organization and General Information AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is revising its regulations to reflect the renaming of the Office of the Chief Information Officer as the Office of Information Services, the establishment of the Office of Nuclear Security and Incident Response, the transfer of the responsibility for the allegations program from the Office of Nuclear Reactor Regulation to the Office of Enforcement, and other minor changes.

These amendments are necessary to inform the public of administrative changes within the NRC.

EFFECTIVE DATE: November 16, 2005.

FOR FURTHER INFORMATION CONTACT:

Alzonia Shepard, Senior Regulations Specialist, Rules and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Telephone (301) 415-6864, e-mail aws1@nrc.gov.

SUPPLEMENTARY INFORMATION: On January 6, 2005, the NRC announced a realignment of functions of the Office of the Executive Director for Operations. In the realignment, the NRC renamed the Office of the Chief Information Officer as the Office of Information Services. On April 7, 2002, the Commission established the Office of Nuclear Security and Incident Response (NSIR).

These amendments include a description of the duties of NSIR. These amendments also reflect the transfer of the allegations program from the Office of Nuclear Reactor Regulation to the Office of Enforcement, the replacement of the reference to the Small Business Regulatory Enforcement Act with the Congressional Review Act, corrections to the addresses for Regions II and III, as well as other minor changes.

Because these amendments constitute minor administrative changes to the regulations concerning agency organization, the notice and comment provisions of the Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(A). The amendments are effective upon publication in the Federal Register. Good cause exists under 5 U.S.C 553(d) to dispense with the usual 30-day delay in the effective date of the final rule, because the amendments are of a minor and administrative nature dealing with changes to certain CFR sections, which do not require action by any person or entity regulated by the NRC. Further, the final rule does not change the substantive responsibilities of any person or entity regulated by the NRC.

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

Paperwork Reduction Act Statement This final rule does not contain information collection requirements and therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 10 CFR Part 1 Organization and functions (Government Agencies).

I For the reasons set forth in the preamble and under the authority of the Atomic Energy Act of 1954, 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 Chapter 1.

CHAPTER 1 [NOMENCLATURE CHANGE]

I 1. In 10 CFR Chapter 1, revise all references to the phrase Office of the Chief Information Officer to read Office of Information Services.

PART 1STATEMENT OF ORGANIZATION AND GENERAL INFORMATION I 2. The authority citation for Part 1 continues to read as follows:

Authority: Secs. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L.85-256, 71 Stat. 579, Pub. L.95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub.

L.87-615, 76 Stat. 409 (42 U.S.C. 2241);

Secs. 201, 203, 204, 205, 209, 88 Stat. 1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980.

I 3. In § 1.3, paragraph (c) is revised to read as follows:

§ 1.3 Sources of additional information.

(c) Information regarding the availability of NRC records under the Freedom of Information Act and Privacy Act of 1974 may be obtained from the Information and Records Services Division, Office of Information Services.

NRCs regulations are published in the Federal Register and codified in Title 10, Chapter 1, of the Code of Federal Regulations. They may be viewed electronically at the NRC Web site, http://www.nrc.gov/reading-rm/doc-collections/cfr/. Final opinions made in the adjudication of cases are published in Nuclear Regulatory Commission Issuances, and are available on a subscription basis from the National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161.

I 4. In § 1.5, paragraphs (b)(2) and (b)(3) are revised to read as follows:

§ 1.5 Location of principal offices and regional offices.

(b) * * *

(2) Region II, USNRC, Sam Nunn Atlanta Federal Center, 61 Forsyth Street, SW., Suite 23 T85, Atlanta, GA 30303-8931.

(3) Region III, USNRC, 2443 Warrenville Road, Suite 210, Lisle, IL 60532-4351.

I 5. In § 1.32, paragraph (b) is revised to read as follows:

§ 1.32 Office of the Executive Director for Operations.

(b) The EDO supervises and coordinates policy development and VerDate Aug<31>2005 11:21 Nov 15, 2005 Jkt 208001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\16NOR1.SGM 16NOR1

69422 Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Rules and Regulations operational activities in the following line offices; the Office of Nuclear Reactor Regulation, the Office of Nuclear Material Safety and Safeguards, the Office of Nuclear Regulatory Research, the Office of Nuclear Security and Incident Response, and the NRC Regional Offices; and the following staff offices: The Office of Enforcement, the Office of Administration, the Office of Information Services, the Office of Investigations, the Office of Small Business and Civil Rights, the Office of Human Resources, the Office of State and Tribal Programs, and other organizational units as shall be assigned by the Commission. The EDO is also responsible for implementing the Commissions policy directives pertaining to these offices.

I 6. Section 1.33 is revised to read as follows:

§ 1.33 Office of Enforcement.

The Office of Enforcement (a) Develops policies and programs for enforcement of NRC requirements; (b) Manages major enforcement action; (c) Assesses the effectiveness and uniformity of Regional enforcement actions; and (d) Manages the NRC allegation program.

I 7. In § 1.34, paragraph (d) is revised to read as follows:

§ 1.34 Office of Administration.

(d) Develops and implements policies and procedures for the review and publication of NRC rulemakings, and ensures compliance with the Regulatory Flexibility Act and the Congressional Review Act, manages the NRC Management Directives Program, and provides translation services.

I 8. Section 1.35 is revised to read as follows:

§ 1.35 Office of Information Services.

The Office of Information Services (a) Plans, directs, and oversees the NRCs information resources, including technology infrastructure and delivery of information management services, to meet the mission and goals of the agency; (b) Provides principal advice to the Chairman to ensure that information technology (IT) is acquired and information resources across the agency are managed in a manner consistent with Federal information resources management (IRM) laws and regulations; (c) Assists senior management in recognizing where information technology can add value while improving NRC operations and service delivery; (d) Directs the implementation of a sound and integrated IT architecture to achieve NRCs strategic and IRM goals; (e) Monitors and evaluates the performance of information technology and information management programs based on applicable performance measures and assesses the adequacy of IRM skills of the agency; (f) Provides guidance and oversight for the selection, control and evaluation of information technology investments; and (g) Provides oversight and quality assurance for the design and operation of the Licensing Support Network (LSN) services and for the completeness and integrity of the LSN database, ensures that the LSN meets the requirements of 10 CFR part 2, subpart J, concerning the use of the LSN in the Commissions high-level waste licensing proceedings, and provides technical oversight of DOE in the design, development, and operation of the LSN.

I 9. In § 1.41, the section heading and the introductory text are revised to read as follows:

§ 1.41 Office of State and Tribal Programs.

The Office of State and Tribal Programs I 10. Section 1.43 is revised to read as follows:

§ 1.43 Office of Nuclear Reactor Regulation.

The Office of Nuclear Reactor Regulation (a) Develops, promulgates and implements regulations and develops and implements policies, programs, and procedures for all aspects of licensing, inspection, and safeguarding of (1) Manufacturing, production, and utilization facilities, except for those concerning fuel reprocessing plants and isotopic enrichment plants; (2) Receipt, possession, and ownership of source, byproduct, and special nuclear material used or produced at facilities licensed under 10 CFR part 50; (3) Operators of such facilities; (4) Emergency preparedness at such facilities; and (5) Contractors and suppliers of such facilities.

(b) Identifies and takes action regarding conditions and licensee performance that may adversely affect public health and safety, the environment, or the safeguarding of nuclear reactor facilities; (c) Assesses and recommends or takes action regarding incidents or accidents; (d) Provides special assistance as required in matters involving reactor facilities exempt from licensing; (e) Provides guidance and implementation direction to Regional Offices on reactor licensing, inspection, and safeguards programs assigned to the Region, and appraises Regional program performance in terms of effectiveness and uniformity; (f) Performs other functions required for implementation of the reactor licensing, inspection, and safeguard programs; and (g) Performs review and evaluation related to regulated facilities insurance, indemnity, and antitrust matters.

I 11. Section 1.46 is added to read as follows:

§ 1.46 Office of Nuclear Security and Incident Response.

The Office of Nuclear Security and Incident Response (a) Develops overall agency policy and provides management direction for evaluation and assessment of technical issues involving security at nuclear facilities, and is the agency safeguards and security interface with the Department of Homeland Security (DHS), the Department of Energy (DOE),

other agencies; and the international activities related to the security of radioactive material and nuclear facilities; (b) Develops, in participation with domestic and international agencies, foreign policy guidance and provides international assistance in nuclear security and safeguards; (c) Develops emergency preparedness policies, regulations, programs, and guidelines for both currently licensed nuclear reactors and potential new nuclear reactors; (d) Provides technical expertise regarding emergency preparedness issues and interpretations; and (e) Develops and directs the NRC program for response to incidents, and is the agency emergency preparedness and incident response interface with the DHS, the Federal Emergency Management Agency (FEMA) and other Federal agencies.

Dated at Rockville, Maryland, this 7th day of November, 2005.

For the Nuclear Regulatory Commission.

Luis A. Reyes, Executive Director for Operations.

[FR Doc. 05-22672 Filed 11-15-05; 8:45 am]

BILLING CODE 7590-01-P VerDate Aug<31>2005 11:21 Nov 15, 2005 Jkt 208001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\16NOR1.SGM 16NOR1

33386 Federal Register / Vol. 72, No. 116 / Monday, June 18, 2007 / Rules and Regulations 235); Sec. 2455, Pub. L. 103-355, 108 Stat.

3327 (31 U.S.C. 6101 note); 5 U.S.C. 301; U.S.C. 6101 note.

§ 12.75

[Removed]

I 3. Remove § 12.75.

§ 12.913

[Removed]

I 4. Remove § 12.913.

PART 42GOVERNMENTWIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) [REMOVED]

I 5. Remove part 42.

PART 43GOVERNMENTWIDE REQUIREMENTS FOR DRUG-FREE WORKPLACE (FINANCIAL ASSISTANCE)

I 6. The authority for part 43 continues to read as follows:

Authority: E.O. 12549 (3 CFR, 1986 Comp.,

p. 189); E.O. 12689 (3 CFR, 1989 Comp., p.

235); Sec. 2455, Pub. L. 103-355, 108 Stat.

3327 (31 U.S.C. 6101 note); 5 U.S.C. 301; 31 U.S.C.

§ 43.510

[Amended]

I 7. Amend § 43.510(c) by removing the citation 43 CFR Part 42 and adding 2 CFR Part 180 in its place.

§ 43.630

[Amended]

I 8. Amend § 43.630 by removing the phrase the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689 and adding the citation 2 CFR part 180 in its place.

§ 43.670

[Amended]

I 9. Amend § 43.670 by removing the phrase the common rule, Government-wide Debarment and Suspension (Nonprocurement), that implements Executive Order 12549 and Executive Order 12689 and adding the citation 2 CFR part 180 in its place.

[FR Doc. 07-2949 Filed 6-15-07; 8:45 am]

BILLING CODE 4310-RF-M NUCLEAR REGULATORY COMMISSION 10 CFR Chapter I RIN 3150-AI18 Administrative Changes AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to update a telephone number for the Office of Information Services and an NRC Web site location.

This document is necessary to inform the public of these changes to the NRCs regulations.

EFFECTIVE DATE: June 18, 2007.

FOR FURTHER INFORMATION CONTACT:

Thomas Smith, Office of Information Services, Nuclear Regulatory Commission, Washington, DC 20555-0001, 301-415-7043, e-mail TES@nrc.gov.

SUPPLEMENTARY INFORMATION: The NRC is revising its regulations to update a telephone number for the Office of Information Services and an NRC Web site location. The Web site contains detailed guidance on making electronic submissions to the agency. This guidance discusses, among other topics, the formats the NRC can accept, the use of electronic signatures, and the treatment of nonpublic information.

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) and (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.

Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification If a means used to impose an information collection does not display a currently valid OMB control number, the NRC may not conduct or sponsor, and a person is not required to respond to, the information collection.

Regulatory Analysis A regulatory analysis has not been prepared for this final rule. This final rule makes only minor administrative changes to the regulations that reference a telephone number and an NRC Web site, and imposes no burden on licensees. Therefore, a regulatory analysis is not necessary.

Backfit Analysis The NRC has determined that these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(1);

therefore a backfit analysis is not necessary.

Congressional Review Act In accordance with the Congressional Review Act, 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.

Because these amendments deal solely with agency organization and procedure, and represent minor administrative matters which do not raise any significant policy or regulatory issue, the NRC has determined that notice and comment is not necessary under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(A), and that in any event there is good cause for dispensing with such notice and comment under 5 U.S.C. 553(d)(3)(B). In addition, the NRC has determined that good cause exists for making the rule immediately effective upon publication, as provided for under 5 U.S.C. 553(d)(3),

because the amendments represent minor administrative matters which do not raise any significant policy or regulatory issue and do not impose any significant regulatory requirement upon any regulated entity or person.

I For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 U.S.C. 552 and 553, 42 U.S.C. 2201, as amended, and 42 U.S.C. 5841, the NRC is adopting the following amendments to 10 CFR Chapter I to read as follows:

10 CFR Chapter I [Amended]

I 1. In Chapter I revise all references to (301) 415-6030 to read (301) 415-0439.

I 2. In Chapter I revise all references to http://www.nrc.gov/site-help/eie.html to read http://www.nrc.gov/site-help/

e-submittals.html.

Dated at Rockville, Maryland, this 4th day of June, 2007.

For the Nuclear Regulatory Commission.

Luis A. Reyes, Executive Director for Operations.

[FR Doc. E7-11708 Filed 6-15-07; 8:45 am]

BILLING CODE 7590-01-P DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 558 New Animal Drugs for Use in Animal Feeds; Lincomycin AGENCY: Food and Drug Administration, HHS.

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62676 Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations bushels, but fewer than 15,000,000 bushels shall be entitled to one board member; (3) units with 15,000,000 bushels or more but fewer than 70,000,000 bushels shall be entitled to two Board members; (4) units with 70,000,000 bushels or more but fewer than 200,000,000 bushels shall be entitled to three Board members; and (5) units with 200,000,000 bushels or more shall be entitled to four Board members.

The Board was last reapportioned in 2006. The total Board membership increased from 64 to 68 members, with Nebraska, North Dakota, Pennsylvania, and Virginia each gaining one additional member. Additionally, Florida was grouped with the Eastern Region due to lower production levels.

These changes were effective with the 2007 appointments.

Currently, the Board has 68 members representing 30 geographical units. This membership is based on average production levels for the years 2001-2005 (excluding crops in years that production was the highest and that production was the lowest) as reported by USDAs National Agricultural Statistics Service (NASS).

Comments A proposed rule was published in the Federal Register (74 FR 27467) on June 10, 2009, with a 60-day comment period. The Department received one comment. The commenter was of the view that taxpayers should hold 51 percent of all seats on the Board. In accordance with the Act, members of the Board are soybean producers, who may include individuals or other entities. Accordingly, no change is made as a result of this comment.

The increase in representation on the Board, from 68 to 69 members, is based on average production levels for the years 2004-2008 (excluding the crops in years in which production was the highest and in which production was the lowest) as reported by USDAs National Agricultural Statistics Service.

The change does not affect the number of geographical units.

This final rule increases Board membership from 68 members to 69 members effective with 2010 nominations and appointments.

This final rule adjusts representation on the Board as follows:

State Previous rep-resentation Current rep-resentation Ohio..

3 4

List of Subjects in 7 CFR 1220 Administrative practice and procedure, Advertising, Agricultural research, Marketing agreements, Soybeans and soybean products, Reporting and recordkeeping requirements.

For the reasons set forth in the preamble, it is proposed that Title 7, part 1220 be amended as follows:

PART 1220SOYBEAN PROMOTION, RESEARCH, AND CONSUMER INFORMATION

1. The authority citation for 7 CFR Part 1220 continues to read as follows:

Authority: 7 U.S.C. 6301-6311 and 7 U.S.C. 7401.

2. In § 1220.201(a), the table is revised to read as follows:

§ 1220.201 Membership of board.

(a) * *

• Unit Number of members Illinois..........................................

4 Iowa............................................

4 Minnesota...................................

4 Indiana........................................

4 Nebraska....................................

4 Ohio............................................

4 Missouri......................................

3 Arkansas.....................................

3 South Dakota..............................

3 Kansas........................................

3 Michigan.....................................

3 North Dakota..............................

3 Mississippi..................................

2 Louisiana....................................

2 Tennessee..................................

2 North Carolina............................

2 Kentucky.....................................

2 Pennsylvania..............................

2 Virginia........................................

2 Maryland.....................................

2 Wisconsin...................................

2 Georgia.......................................

1 South Carolina............................

1 Alabama......................................

1 Delaware.....................................

1 Texas..........................................

1 Oklahoma...................................

1 New York....................................

1 Eastern Region (Massachusetts, New Jersey, Connecticut, Flor-ida, Rhode Island, Vermont, New Hampshire, Maine, West Virginia, District of Columbia, and Puerto Rico).....................

1 Western Region (Montana, Wyo-ming, Colorado, New Mexico, Idaho, Utah, Arizona, Wash-ington, Oregon, Nevada, Cali-fornia, Hawaii, and Alaska).....

1 Dated: November 24, 2009.

Rayne Pegg, Administrator.

[FR Doc. E9-28729 Filed 11-30-09; 8:45 am]

BILLING CODE P NUCLEAR REGULATORY COMMISSION 10 CFR Chapter I

[NRC-2009-0397]

RIN 3150-AI73 Administrative Changes: Clarification of the Location of Guidance for Electronic Submission and Other Miscellaneous Corrections AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to clarify where persons may obtain detailed guidance for making electronic submissions to the NRC, as well as to make other miscellaneous corrections. This document is necessary to inform the public of these changes to the NRCs regulations.

DATES: Effective date: This rule is effective December 31, 2009.

FOR FURTHER INFORMATION CONTACT:

Angella Love Blair, Rulemaking and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-492-3671, e-mail angella.love-blair@nrc.gov.

ADDRESSES: You can access publicly available documents related to this document using the following methods:

Federal e-Rulemaking Portal: Go to http://www.regulations.gov and search for documents filed under Docket ID

[NRC-2009-0397]. Address questions about NRC dockets to Carol Gallagher at 301-492-3668, e-mail Carol.Gallagher@nrc.gov.

NRCs Public Document Room (PDR):

The public may examine and have copied for a fee publicly available documents at the NRCs PDR, Room O1 F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland.

NRCs Agencywide Documents Access and Management System (ADAMS):

Publicly available documents created or received at the NRC are available electronically at the NRCs electronic Reading Room at http://www.nrc.gov/

reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of NRCs public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRCs PDR reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov.

SUPPLEMENTARY INFORMATION:

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62677 Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations

Background

Multiple amendments to NRC regulations have resulted in inconsistent guidance and outdated information for persons making electronic submissions to the NRC through the Electronic Information Exchange (EIE). The NRC is amending its regulations at 10 CFR parts 2, 4, 9, 11, 15, 19, 20, 21, 25, 26, 30, 40, 50, 51, 52, 55, 60, 61, 62, 63, 70, 71, 72, 73, 74, 76, 81, 95, 100, 110, 140, 150, 170 and 171 to clarify this guidance and information. Specifically, this rule removes the various telephone numbers and corrects the Web site and e-mail addresses for obtaining detailed guidance. This rule also makes other miscellaneous corrections, as identified in the Summary of Changes section of this document.

Summary of Changes Removal of Telephone Number (301) 415-0439 The telephone number (301) 415-0439 is no longer assigned to the EIE and has been removed from the following sections of the NRCs regulations: §§ 2.206(a), 2.802(a),

2.811(a), 2.813(a), 4.5, 9.6, 11.15(a)(1),

15.3, 19.17, 20.1007, 20.2203(d), 25.9, 30.6(a)(3), 40.5(a)(3), 50.4(a), 51.58(a),

55.5(a)(3), 60.4, 63.4(a)(3), 70.5(a)(3),

71.1(a), 72.4, 73.4(c), 74.6(c), 76.5(c),

81.3, 95.9(c), 110.4, 170.5, and 171.9.

Removal of Telephone Number (301) 415-6030 The telephone number (301) 415-6030 is no longer assigned to the EIE and has been removed from the following sections of the NRCs regulations: § 21.5, 26.11, 52.3(a), 61.4, 62.3, 100.4, 140.5, and 150.4.

Correction of Web Site Address The NRC Web site address has been corrected in the following sections of the NRCs regulations: §§ 2.811(a),

2.813(a), 20.2203(d), 21.5, 26.11, 30.6(a)(3), 51.58(a), 52.3(a), 61.4, 62.3, 72.70(c)(1), 72.248(c)(1), 73.57(d)(3)(ii),

76.33(a)(1), 100.4, 140.5, and 150.4.

Change in Electronic Information Exchange (EIE) E-mail Address The NRCs recent migration to Microsoft Outlook has resulted in a change in format for the e-mail address for EIE. The new e-mail address is incorporated into the following sections of the NRCs regulations: §§ 2.206(a),

2.802(a), 2.811(a), 2.813(a), 4.5, 9.6, 11.15(a)(1), 15.3, 19.17, 20.1007, 20.2203(d), 21.5, 25.9, 26.11, 30.6(a)(3),

40.5(a)(3), 50.4(a), 51.58(a), 52.3(a),

55.5(a)(3), 60.4, 61.4, 62.3, 63.4(a)(3),

70.5(a)(3), 71.1(a), 72.4, 73.4(c), 74.6(c),

76.5(c), 81.3, 95.9(c), 100.4, 110.4, 140.5, 150.4, 170.5, and 171.9.

Correction of the Spelling of Evaluation The word evaluation is misspelled in the definition of Survey in 10 CFR Part 20. This spelling is corrected in

§ 20.1003.

Correction of References On January 14, 2004 (69 FR 2182), the NRC published a final rule amending its regulations of practice to make the NRCs hearing process more effective and efficient. Section 51.28(c) currently references the requirements of §§ 2.714 and 2.715, which were relocated by the restructuring of the January 2004 rule.

This rule amends the cross-references in

§ 51.28(c) to correctly refer to §§ 2.309 and 2.315.

Correction of Table Headings On October 28, 2008 (73 FR 63546),

the NRC published a final rule amending its regulations for the protection of Safeguards Information (SGI) to protect SGI from inadvertent release and unauthorized disclosure which might compromise the security of nuclear facilities and materials. The October 2008 rule added Appendix I to 10 CFR part 73, but incorrectly placed the abbreviations in the heading to the table. This rule would correctly place the abbreviation (TBq) under the heading Terabecquerels.

Conforming Change to Adjust for Inflation On September 28, 2008 (73 FR 56451),

the NRC published a final rule amending its regulations at 10 CFR part 140 to make the required inflation adjustments to the maximum total and annual standard deferred premiums in accordance with the Price-Anderson Act. The September 2008 rule adjusted the amount in § 140.11(a)(4) from $15 million to $17.5 million. This rule makes a conforming change in § 140.21.

Change in Division Name Due to Restructuring The Office of Nuclear Security and Incident Response (NSIR) restructured several years ago, changing the Division of Nuclear Security into the Division of Security Policy and the Division of Security Operations. This rule replaces Division of Nuclear Security with Division of Security Policy in

§§ 40.23, 40.64, 40.66, 40.67, 70.5, 70.20b, 70.32, 71.97, 73.4, 73.26, 73.27, 73.67, 73.71, 73.72, 73.73, 73.74, 76.5, and 150.17. This rule replaces Division of Nuclear Security with Division of Security Operations in §§ 95.9, 95.19, 95.20, 95.21, 95.36, 95.45, 95.53, and 95.57.

Rulemaking Procedure Because these amendments constitute minor administrative corrections to the regulations, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C. 553(b)(B).

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)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this rule.

Paperwork Reduction Act Statement This final rule does not contain information collection requirements and, therefore, is not subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a request for information or an information collection requirement unless the requesting document displays a currently valid OMB control number.

Backfit Analysis The NRC has determined that the backfit rule does not apply to this final rule; therefore, a backfit analysis is not required for this final rule because these amendments are administrative in nature and do not involve any provisions that would impose backfits as defined in 10 CFR chapter I.

Congressional Review Act (CRA)

In accordance with the CRA 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 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.

10 CFR Part 4 Administrative practice and procedure, Blind, Buildings, Civil VerDate Nov<24>2008 16:14 Nov 30, 2009 Jkt 220001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\\FR\\FM\\01DER1.SGM 01DER1 mstockstill on DSKH9S0YB1PROD with RULES

62678 Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations rights, Employment, Equal employment opportunity, Federal aid programs, Grant programs, Handicapped, Loan programs, Reporting and recordkeeping requirements, Sex discrimination.

10 CFR Part 9 Criminal penalties, Freedom of information, Privacy, Reporting and recordkeeping requirements, Sunshine Act.

10 CFR Part 11 Hazardous materialstransportation, Investigations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Special nuclear material.

10 CFR Part 15 Administrative practice and procedure, Debt collection.

10 CFR Part 19 Criminal penalties, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Radiation protection, Reporting and recordkeeping requirements, Sex discrimination.

10 CFR Part 20 Byproduct material, Criminal penalties, Licensed material, Nuclear materials, Nuclear power plants and reactors, Occupational safety and health, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Source material, Special nuclear material, Waste treatment and disposal.

10 CFR Part 21 Nuclear power plants and reactors, Penalties, Radiation protection, Reporting and recordkeeping requirements.

10 CFR Part 25 Classified information, Criminal penalties, Investigations, Reporting and recordkeeping requirements, Security measures.

10 CFR Part 26 Alcohol abuse, Alcohol testing, Appeals, Chemical testing, Drug abuse, Drug testing, Employee assistance programs, Fitness for duty, Management actions, Nuclear power reactors, Protection of information, Reporting and recordkeeping requirements.

10 CFR Part 30 Byproduct material, Criminal penalties, Government contracts, Intergovernmental relations, Isotopes, Nuclear materials, Radiation protection, Reporting and recordkeeping requirements.

10 CFR Part 40 Criminal penalties, Government contracts, Hazardous materials transportation, Nuclear materials, Reporting and recordkeeping requirements, Source material, Uranium.

10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements.

10 CFR Part 51 Administrative practice and procedure, Environmental impact statement, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

10 CFR Part 52 Administrative practice and procedure, Antitrust, Backfitting, Combined license, Early site permit, Emergency planning, Fees, Inspection, Limited work authorization, Nuclear power plants and reactors, Probabilistic risk assessment, Prototype, Reactor siting criteria, Redress of site, Reporting and recordkeeping requirements, Standard design, Standard design certification.

10 CFR Part 55 Criminal penalties, Manpower training programs, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

10 CFR Part 60 Criminal penalties, High-level waste, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 61 Criminal penalties, Low-level waste, Nuclear materials, Reporting and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 62 Administrative practice and procedure, Denial of access, Emergency access to low-level waste disposal, Low-level radioactive waste, Low-level radioactive waste treatment and disposal, Low-level waste policy amendments act of 1985, Nuclear materials, Reporting and recordkeeping requirements.

10 CFR Part 63 Criminal penalties, High-level waste, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 70 Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Security measures, Special nuclear material.

10 CFR Part 71 Criminal penalties, Hazardous materials transportation, Nuclear materials, Packaging and containers, Reporting and recordkeeping requirements.

10 CFR Part 72 Administrative practice and procedure, Criminal penalties, Manpower training programs, Nuclear materials, Occupational safety and health, Penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Spent fuel, Whistleblowing.

10 CFR Part 73 Criminal penalties, Export, Hazardous materials transportation, Import, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Security measures.

10 CFR Part 74 Accounting, Criminal penalties, Hazardous materials transportation, Material control and accounting, Nuclear materials, Packaging and containers, Radiation protection, Reporting and recordkeeping requirements, Scientific equipment, Special nuclear material.

10 CFR Part 76 Certification, Criminal penalties, Radiation protection, Reporting and recordkeeping requirements, Security measures, Special nuclear material, Uranium enrichment by gaseous diffusion.

10 CFR Part 81 Administrative practice and procedure, Inventions and patents.

10 CFR Part 95 Classified information, Criminal penalties, Reporting and recordkeeping requirements, Security measures.

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62679 Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations 10 CFR Part 100 Nuclear power plants and reactors, Reactor siting criteria.

10 CFR Part 110 Administrative practice and procedure, Classified information, Criminal penalties, Export, Import, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements, Scientific equipment.

10 CFR Part 140 Criminal penalties, Extraordinary nuclear occurrence, Insurance, Intergovernmental relations, Nuclear materials, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

10 CFR Part 150 Criminal penalties, Hazardous materials transportation, Intergovernmental relations, Nuclear materials, Reporting and recordkeeping requirements, Security measures, Source material, Special nuclear material.

10 CFR Part 170 Byproduct material, Import and export licenses, Intergovernmental relations, Non-payment penalties, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material.

10 CFR Part 171 Annual charges, Byproduct material, Holders of certificates, registrations, approvals, Intergovernmental relations, Nonpayment penalties, Nuclear materials, Nuclear power plants and reactors, Source material, Special nuclear material.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, 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, 4, 9, 11, 15, 19, 20, 21, 25, 26, 30, 40, 50, 51, 52, 55, 60, 61, 62, 63, 70, 71, 72, 73, 74, 76, 81, 95, 100, 110, 140, 150, 170 and 171.

PART 2RULES 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. 2201, 2231); sec. 191, as amended, Public Law 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; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 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), Public Law 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(f)); sec. 102, Public Law 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, 2.321 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 Public Law 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). Section 2.205(j) also issued under Public Law 101-410, 104 Stat. 90, as amended by section 3100(s), Public Law 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Subpart C also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Section 2.301 also issued under 5 U.S.C. 554. Sections 2.343, 2.346, 2.712 also issued under 5 U.S.C.

557. Section 2.340 also issued under secs. 135, 141, Public Law 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.390 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552.

Sections 2.600-2.606 also issued under sec. 102, Public Law 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). 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, Public Law 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, Public Law 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). Subpart N also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239).

Appendix A also issued under sec. 6, Public Law 91-550, 84 Stat. 1473 (42 U.S.C. 2135).

2. In § 2.206, revise the fourth sentence of paragraph (a) to read as follows:

§ 2.206 Requests for action under this subpart.

(a) * *

• Detailed guidance on making electronic submissions can be obtained by visiting the NRCs Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of Information Services, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001. * * *

3. In § 2.802, revise the fourth sentence of paragraph (a) to read as follows:

§ 2.802 Petition for rulemaking.

(a) * *

• Detailed guidance on making electronic submissions can be obtained by visiting the NRCs Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of Information Services, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001. * * *

4. In § 2.811, revise the third sentence of paragraph (a) to read as follows:

§ 2.811 Filing of standard design certification application; required copies.

(a) * *

• Detailed guidance on making electronic submissions can be obtained by visiting the NRCs Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of Information Services, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001. * * *

5. In § 2.813, revise the third sentence of paragraph (a) to read as follows:

§ 2.813 Written communications.

(a) * *

• Detailed guidance on making electronic submissions can be obtained by visiting the NRCs Web site at http://www.nrc.gov/site-help/e-submittals.html; by e-mail to MSHD.Resource@nrc.gov; or by writing the Office of Information Services, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001. * *

• PART 4NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OR ACTIVITIES RECEIVING FEDERAL FINANCIAL ASSISTANCE FROM THE COMMISSION

6. The authority citation for part 4 continues to read as follows:

Authority: Secs. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 274, 73 Stat.

688, as amended (42 U.S.C. 2021); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841);

sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).

Subpart A also issued under secs. 602-605, Public Law 88 -352, 78 Stat. 252, 253 (42 U.S.C. 2000d-2000d-7); sec. 401, 88 Stat.

1254 (42 U.S.C. 5891).

Subpart B also issued under sec. 504, Public Law 93-112, 87 Stat. 394 (29 U.S.C.

706); sec. 119, Public Law 95-602, 92 Stat.

2984 (29 U.S.C. 794); sec. 122, Public Law 95-602, 92 Stat. 2984 (29 U.S.C. 706(6)).

Subpart C also issued under Title III of Public Law 94-135, 89 Stat. 728, as amended (42 U.S.C. 6101).

Subpart E also issued under 29 U.S.C. 794.

7. In § 4.5, revise the third sentence to read as follows:

§ 4.5 Communications and reports.

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