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

§ 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 https://www.nrc.gov/reading-rm/doc-collections/cfr/part002/part002-0206.html 1/1

RULES A N D RÉGULATIONS 12353 Stat. 911; (49 U.S.C. 1(10-17), 15(4), and the ATSF is deemed to be due to carrier's for other like action, will be referred to 17(2))) disability, the rates applicable to traffic the Director of Regulation and proc moved by the SL-SF over these tracks of essed pursuant to new § 2.206.

It is further ordered, That a copy of Pursuant to the Atomic Energy Act this order shall be served upon the Asso the ATSF shall be the rates which were applicable on the shipments at the time of 1954, as amended, and sections 552 ciation of American Railroads, Car Serv and 553 of Title 5 o f the United States ice Division, as agent of all railroads sub of shipment as originally routed.

(d) Effective date. This order shall be Code, the following amendments to Title scribing to the car service and car hire 10, Chapter I, Code of Federal Regula agreement under the terms of that come effective at 12:01 a.m., April 1, 1974. tions, Part 2 are published as a docu agreement, and upon the American ment subject to codification.

Short Line Railroad Association; and (e) Expiration date. The provisions of that notice of this order be given to the this order shall expire at 11:59 p.m., De 1. Paragraph (a) of § 2.200 of 10 CFR general public by depositing a copy in the cember 31, 1974, unless otherwise modi Part 2 is amended to read as follows:

Office of the Secretary of the Commis fied, changed, or suspended by order of § 2.200 Scope o f subpart.

sion at Washington, D.C., and by filing it this Commission.

(Secs. 1, 12, 15, and 17(2), 24 Stat. 379, 383, (a) This subpart prescribes the pro with the Director, Office of the Federal cedures in cases initiated by the regula Register. 384, as amended; (49 U.S.C. 1, 12, 15, and 17 (2 )). Interprets or applies Secs. 1(10-17), tory staff, or upon a request by any per By the Commission, Railroad Service 15(4) and 17(2), 40 Stat. 101, as amended, son, to impose requirements by order on Board. 54 Stat. 911; (49 U.S.C. 1(10-17), 15(4), and a licensee or to modify, suspend, or re

[ seal] J oseph M. H arrington ,

17 (2 ))) voke a license, or for such other action Acting Secretary. It is further ordered, That copies of as may be proper.

[PR Doc.74-7906 Filed 4-4-74;8:45 am] this order shall be served upon the As * * * *

• sociation of American Railroads, Car 2. A new § 2.206 is added to 10 CFR Service Division, as agent of the rail Part 2 to read as follows:

[S.O. 1181] roads subscribing to the car service and car hire agreement under the terms of § 2.206 Requests for action under this PART 1033 CAR SERVICE subpart.

that agreement, and upon the American St. Louis-San Francisco Railway Co. Short Line Railroad Association; and (a) Any person may file a request for At a session of the Interstate Com that notice of this order shall be given the Director of Regulation to institute merce Commission, Railroad Service to the general public by depositing a copy a proceeding pursuant to § 2.202 to Board, held in Washington, D.C., on the in the Office of the Secretary of the Com modify, suspend or revoke a license, or 1st day of April, 1974. mission at Washington, D.C., and by fil for such other action as may be proper.

It appearing, that the St. Louis-San ing it with the Director,, Office of the Such a request shall be addressed to the Francisco Railway Company (SL-SF), is Federal Register. Director of Regulation and shall be filed unable to operate over its line between By the Commission, Railroad Service either (1) by delivery to the Public Doc Enid, Oklahoma, and Arkansas City, Board. ument Room at 1717 H Street NW.,

Kansas, because of extensive damage Washington, D.C., or (2) by mail or tele

[ seal] R obert L. O swald , gram addressed to the Director of Regu from flooding; that The Atchison, To Secretary.

peka, and Santa Fe Railway Company lation, U.S. Atomic Energy Commission, (ATSF) has consented to the use of its [PR Doc.47-7904 Piled 4-4-74;8:45 am] Washington, D.C. 20545. The requests lines between Perry, Oklahoma, and shall specify the action requested and Arkansas City, Kansas, and between Title 10 Energy set forth the facts that constitute the Ponca City, Oklahoma, and Blackwell, basis for the request.

CHAPTER I ATOMIC ENERGY (b) Within a reasonable time after a Oklahoma, by the SL-SF; that use of COMMISSION the aforementioned ATSF tracks by the request pursuant to paragraph (a) of SL-SF will enable the SL-SF to restore PART 2 RULES OF PRACTICE this section has been received, the Direc service on a portion of its damaged line; Requests To Impose Requirements by tor of Regulation shall either institute that operation by the SL-SF over the Order on a Licensee, or To Modify, Sus the requested proceeding in accordance aforementioned tracks of the ATSF is pend or Revoke a License with this subpart or shall advise the per necessary in the interest of the public The Atomic Energy Commission has son who made the request in writing and the commerce of the people; that adopted amendments to its Rules of that no proceeding will be instituted in notice and public procedure herein are Practice in 10 CFR Part 2, that make whole or in part, with respect to his re impracticable and contrary to the public specific provision for members of the quest, and the reasons therefor.

interest; and that good cause exists for public to request the Director of Regu making this order effective upon less lation to institute a proceeding to mod Effective date. The foregoing amend than thirty days notice. ify, suspend or revoke a license, or take ments become effective on April 5, 1974.

It is ordered, That: such other action as may be proper. Un (Sec. 161, Pub. L.83-703, 68 Stat. 948 (42

§ 1033.1181 Service Order No. 1181. der existing rules such requests are not US.C. 2201))

precluded, though there is no specific Dated at Germantown, Md., this 1st (a) St. Louis-San Francisco Railway provision therefor. The purpose of the day of April 1974.

Company authorized to operate over amendments is to provide a procedure tracks of the Atchison, Topeka and Santa for the submittal of such requests to the For the Atomic Energy Commission.

Fe Railway Company. The St. Louis-San Director of Regulation.

Francisco Railway Company (SL-SF) P aul C. B ender, The amendments add new § 2.206 that Secretary of the Commission.

be, and it is hereby, authorized to operate provides for the filing of a request ad over tracks of The Atchison, Topeka and dressed to the Director of Regulation [PR Doc.74-7842 Filed 4r-4-74;8:45 am]

Santa Fe Railway Company (ATSF), to modify, suspend or revoke a license, between Perry, Oklahoma, and Arkansas or take such action as may be proper. CHAPTER II FEDERAL ENERGY OFFICE City, Kansas, a distance of approximately Upon the filing of such a request, the 58.2 miles, and between Ponca City, Ok Director of Regulation may institute the PART 210 GENERAL ALLOCATION AND lahoma, and Blackwell, Oklahoma, a dis requested proceeding, or advise the per PRICE RULES tance of approximately 16 miles. son who filed the request that no pro PART 212 MANDATORY PETROLEUM (b) Application. The provisions of this ceeding will be instituted and the reasons ALLOCATION REGULATIONS order shall apply to intrastate, interstate, therefor. Definition of "Covered Products" and foreign traffic. Unless otherwise directed by the Com (c) Rates applicable. Inasmuch as this mission, any request for modification, The price regulations of the Federal operation by the SL-SF over tracks of suspension or revocation of a license, or Energy Office, which were adopted from FEDERAL REGISTER, VOL. 39, N O . 67 FRIDAY, APRIL 5, 1974

RULES AND REGULATIONS 36239 deemed necessary to determine whether such loans not earlier than 10 days from FOR FURTHER INFORMATION CON the cooperative and its member cooper the date of notice of termination. If the TACT:

atives, if any, are operating or have cooperative has loans outstanding, such Martin G. Malsch, Office of the Execu operated in accordance with the regula loans shall be redeemed not later than tive Legal Director, U.S. Nuclear Reg tions in this subpart, their articles of in such maturity date or title to the com ulatory Commission, Washington, D.C.

corporation or association, bylaws, agree modity shall, without a sale thereof, vest 20555, phone 301-492-7203.

ments with producers, representations in CCC, and CCC shall have no obliga made by the cooperative in its applica tion to pay for any market value the SUPPLEMENTARY INFORMATION:

tion for approval, and, where applicable, commodity may have in excess of the Under 10 CFR 2.206 of the Commissions its agreements with CQC. amount of the loans, plus interest and rules of practice, any person may request charges. that the Directors of the Offices of Nu

§ 1425.19 Determination of eligibility. clear Reactor Regulation, Nuclear Ma

§ 1425.21 Definitions.

The determination under this subpart terial Safety and Safeguards, or Inspec of a cooperative marketing associations (a) Person. As used in this subpart the tion and Enforcement institute a pro eligibility to obtain price support shall term person shall have the meaning of ceeding to modify, suspend, or revoke a be made by the Executive Vice President, such terms as defined in the regulations license or take other enforcement action.

CCC, or his designee. pertaining to Reconstitution of Farms When such requests are received, the and Allotments, Part 719 of this title affected licensee or permittee is notified,

§ 1425.20 Substantial compliance. and any amendments thereto. and a notice of receipt of the request is (a) Conditional approval. Notwith (b) Active member. The term active published in the F ederal R egister. This standing the foregoing- provisions of this member shall mean a member of a co process is followed except for those occa part, if the Executive Vice President, operative who has utilized the services sional requests that so obviously lack CCC, or his designee, determines that a offered by a cooperative for marketing merit that a more abbreviated procedure cooperative has not met all of the his commodity or purchasing production may appropriately be followed.

eligibility requirements of this subpart supplies for his farming operation in one If the request is granted and the li but has substantially complied with such of the three preceding crop years or such censee or permittee protests, the result requirements, or has met substantially shorter period as may be provided in ing contested proceeding will be heard all such requirements, he may approve the cooperatives articles of incorpora by an Atomic Safety and Licensing Board the cooperative for participation in the tion or bylaws. or Administrative Law Judge and will price support program if the cooperative N ote .The Commodity Credit Corporation eventually be subject to Atomic Safety agrees in writing to meet all of the has determined that this document does not and Licensing Appeal Board and Com eligibility requirements of this subpart contain a major proposal requiring prepara mission review. If, on the other hand, the prior to the beginning of the marketing tion of an Inflation Impact Statement under request is denied, the requester is always year for which approval is then being Executive Order 11821 and OMB Circular provided by the Office Director with a sought. Board resolutions agreeing to A-107.

written detailed statement explaining comply with provisions of this sufopart Signed at Washington, D.C., on July the reasons for denial. The Commissions may be accepted by the Executive Vice 6, 1977. rules make no provision for review of President, CCC, as substantial com K eister N. Adams, Directors decisions. However, in three pliance with such provisions for pur Acting Executive Vice President, instances the Commission has in fact re poses of this section. Any approved Commodity Credit Corpora viewed denials of enforcement requests.

cooperative which, without fault or tion. Licensees Authorized to Possess or negligence, fails to comply with require Transport Strategic Quantities of Spe ments of this subpart which can be met l PR Doc.77-20228 Filed 7-13-77; 8 45 aml cial Nuclear Materials, 5 NRC 16 (1977),

for the current marketing year only by Consolidated Edison Company of New calling a special membership meeting Title 10 Energy York, Inc. (Indian Point, Units 1, 2 and may continue to be approved for par CHAPTER I NUCLEAR REGULATORY 3), 2 NRC 173 (1975), Consumers ticipation in the price support program COMMISSION Power Company (Midland Plant, Units for the current marketing year, if it 1 and 2), 6 AEC 1082 (1973). Requests agrees to undertake to have its members PART 2 RULES OF PRACTICE for Commission review of the Directors at its next regular membership meet Petitions for Review of Directors Denial of denial of enforcement action regarding ing take the action necessary to comply Enforcement Requests the Bailly plant are presently before the with such program requirements. AGENCY: Nuclear Regulatory Commis Commission.

(b) Interim approval. For 1977 crop sion. The Commission has decided that fur participation, the Executive Vice Presi ther petitions seeking Commission re dent, CCC, or his designee, may grant ACTION: Final rule. view of Directors denials under 10 CFR an interim approval to a cooperative

SUMMARY

This amendment to the 2.206 will not be entertained. The Com making initial application. An interim Commissions rules of practice provides mission will continue to receive copies approval may be granted when time re procedures under which the Commission of Directors decisions under 10 CFR quired for processing applications will may, on its own motion, review a Direc 2.206 and retains the power to review delay a cooperative obtaining approval tors decision denying a request to in Directors denials sua sponte, in whole m time to provide for maximum utiliza stitute enforcement proceedings in order or part. The amendment to 10 CFR tion of the price support program. An to determine whether the Director has 2.206 set forth below is intended to codify mterim approval may be granted only abused his discretion. The amendment this Commission decision. Under the if the directors of the applicant coopera also makes clear that the Commission amendment, any sua sponte review by tive furnish a resolution agreeing to com will not entertain petitions for Commis the Commission would be conducted ply with all requirements of the regula sion review of a Directors denial of en within 20 days of the Directors denial, tions when notified of any deficiencies. A forcement requests. Prior to this amend unless the time is extended by the Com cooperatives interim approval shall be mission. This sua sponte review power terminated if it fails to take action nec ment, the Commissions rules contained essary to fully comply when notified of no provisions respecting review of such does not limit in any way either the deficiencies. Time allowed for correction denials although the Commissioh has on Commissions supervisory power over delegated Staff authority under 10 CFR n f-i no^ excee<f 60 days from date of several occasions conducted such re 2.206, or the Commissions power to con notification unless the cooperative estab- views. The amendment sets out proce sult with the Staff on a formal or in ishes to the satisfaction of the Execu- dures which will give the Commission an t^ V ice President, CCC, or his designee, formal basis regarding initiation of pro nat additional time is needed. In the opportunity to determine whether or not ceedings under 10 CFR 2.206.

yent an interim approval is terminated to institute a review of a Directors de Because this amendment relates solely cision on its own motion. to matters of agency procedure, notice and cooperative has loans outstand- of proposed rulemaking and public pro S. CCC shall have the right to mature EFFECTIVE DATE: August 15, 1977. cedure thereon are not required by sec-FEDERAL REGISTER, VOL. 4 2 , N O . 1 35 THURSDAY, JULY 1 4 , 1 9 7 7

36240 RULES AND^ REGULATIONS tion 553 of Title 5 of the United States may come within range of radiation The rule change will have a minimal Code. from its activities. effect on physicians who hold individual Accordingly, pursuant to the Atomic EFFECTIVE DATE; August 15, 1977. NRC licenses that currently authorize Energy Act of 1954, as amended, the practice in an institution. In order for Energy Reorganization Act of 1974, as FOR FURTHER INFORMATION CON such a physician to continue to practice amended, and sections 552 and 553 of TACT: nuclear medicine in a medical institution Title 5 of the United States Code, the Edward Podolak, Office of Standards he will have to be named on the institu following amendment to Title 10, Chap Development, U.S. Nuclear Regulatory tions license by the time his individual ter I, Code of Federal Regulations, Part Commission, Washington, D.C. 20555, physician license expires. At the expira 2, is published as a document subject to phone 301-443-6910. tion of the individual physician license, codification. th Commission will not renew author

1. Section 2.206 of 10 CFR Part 2 isSUPPLEMENTAL INFORMATION: On ization for practice within a medical in amended by adding a new paragraph (c) March 3, 1977, the Nuclear Regula stitution. Medical institutions that al to read as follows tory Commission (NRC) published a pro ready hold an institution license are en posed rule (42 FR 12185) to amend its couraged to add the names of individual

§ 2.206 Requests for action under this regulations in § 35.12 to limit the grant subpart. physicians to their institution license ing of individual physician licenses to a immediately, rather than wait until the physician or group of physicians in pri physicians individual license expires.

(c) (1) Directors decisions under thisvate practice in an "office outside of an The proposed rule change, in effect, pro section will be filed with the Office of institution. The effect of this rule dhange vides that institutional licenses and indi the Secretary. Within twenty (20) days is to require medical institutions, now vidual physician licenses are mutually after the date of a Directors decision operating nuclear medicine programs exclusive.

under this section that no proceeding under individual physician licenses, to Seven of the 15 letters received in re will, be instituted or other action taken be licensed as institutions under § 35.11 sponse to the proposed rule were favor in whole or in part, the Commission may at the time of expiration of the individual able. Seven letters objected to the pro on its own motion review that decision, physician licenses obtained under § 35.12. posed rule in whole or in part and one in whole or in part, to determine if the Under current NRC regulations, the letter discussed a point that was beyond Director has abused his discretion. This NRC issues licenses for human use of the scope of the proposed rule but will review power does not limit in any way radioactive (byproduct) material (1) to be considered by the NRC for rule mak either the Commissions supervisory pow medical institutions, (2) to physicians for ing action in the future.

er over delegated Staff actions or the practice in offices outside of medical in Commissions power to consult with the stitutions and (3) to some physicians D iscussion of M ajor Comments Staff on a formal or informal basis re for practice within medical institutions. INDIVIDUAL VS. INSTITUTIONAL garding institution of proceedings under The current regulations are not clear as RESPO NSIBILITY this section. to when it is appropriate for a physician (2) No petition or other rtequest forpracticing at an institution to hold the One commenter stated that greater ac Commission review of a Directors deci license and when the institution should countability is provided by individual li sion under this section will be entertained hold it. As a consequence, the physician censures since the licensee is responsible by the Commission. alone holds the license in some cases and must provide adequate safety regu (260), the hospital in other cases (1450), lations under existing hospital rules and Effective date This amendment be and both the hospital and the physician regulations. He further stated that the comes effective on August 15, 1977. in still others (90). Regulatory enforce accountability is diluted with a commit (Secs. 161, 186, Pub L.83-703, 68 Stat. 948, ment problems might arise when both tee on safety composed of a number of 955, as amended (42 U.S.C. 2201, 2236); secs. the hospital and the individual physi members meeting at irregular intervals 201, as amended, 206, Pub L.93-438, 88 Stat. cian practicing therein hold a license in a monitoring group and continued ad 1242, 1246, Pub L 94-79, 89 Stat. 413 (42 ministration is better provided by indi U.S.C 5841, 5846) ) , or when several physicians practicing in a hospital hold individual licenses. For vidual licensing within the bylaws, rules, Dated at Washington, D.C., this 7th regulatory purposes, if workers or visitors and regulations of the hospital.

are overexposed to radiation, it may be Under NRC regulations, both for med day of July 1977. ical institution licenses and individual difficult to pin-point primary responsi For the Nuclear Regulatory Commis bility for the improper practices. Is the physician licenses, the day-to-day re sion. licensed hospital or the licensed physi sponsibility for the proper use of radio S amuel J. Ch ilk , cian responsible? If two physicians hold active materials rests with the physician Secretary of the Commission. licenses, is one physician responsible or supervising the radioisotope procedures.

lFR Doc.77-20001 Filed 7-13-77;8:45 am] are both physicians responsible? This Under an NRC institutional license, the failure to establish clear lines of respon licensee must appoint a medical isotopes sibility may result in the omission of nec committee. The individual physician li PART 35 HUMAN USES OF BYPRODUCT essary safety procedures or the assertion cense does not require appointment of a MATERIAL of conflicting procedureseither condi medical isotopes committee either for Specific Licenses to Individual Physicians tion may generate avoidable radiological

. practice in a private office or in an insti and Institutions hazards. tution. Institutional responsibility is as clearly focused under the institution li AGENCY : Ü.S. Nuclear Regulatory Com This rule change is based on the con cense as the individual physician respon mission. cept that when radioactive material is sibility under the physician license. The used on the premises of a medical insti medical isotopes committee assists the ACTION; Final rule tution, the institution and not the au physicians and the institutions manage

SUMMARY

The Nuclear Regulatory thorized physicians should hold the NRC ment in structuring and administering a Commission is amending its regulations license. In the NRC institutional license safe and effective nuclear medicine pro to require most medical institutions to the individual physicians are designated gram. This assistance helps to assure that be licensed for the use of radioactive by name as the authorized users of by NRC regulations will be observed but does material in the institution, rather than product material in the institution. This not transfer ultimate responsibility for the individual physician using the radio rule change will not affect medical insti compliance with the regulations from the active material. Problems of administer tutions (or physicians designated as in institution to the medical isotopes com ing multiple licenses at the same institu dividual users in medical institutions) mittee.

tion created the need for the rule change. that already hold an NRC license. MORE COMMENTS ON MEDICAL ISOTOPES The intended effect of the action is to Neither would the proposed change affect COMMITTEE require medical institutions to be respon physicians who hold NRC licenses for sible for the protection of all staff, pa practice in their offices outside of medical Two comments were received c oncern tients,' and members of the public who institutions. ing the effect on smaller- or in te rm ed i-FEDERAL REGISTER, VOL. 4 2 , N O . 1 3 5 THURSDAY, JULY 14, 1 9 7 7

73465 Rules and Regulations Federal Register Voi. 45, No. 216 Wednesday, November 5, 1980 This section of the F E D E R A L R E G IST E R effective less than 30 days after operating procedures which provide that contains regulatory documents having publication in the Federal Register. the Commissioners have ten (10) general applicability and legal effect, most Further, since this rule relates to internal working days to review the decision of of which are keyed to and codified in agency management it is exempt from the appropriate Office Director or of the the Code of Federal Regulations, which is the provisions of Executive Order 12044 Appeal Board and the advice of the published under 50 titles pursuant to 44 Improving Government Relations, and General Counsel.

U.S.C. 1510.

The Code of Federal Regulations is sold thus, does not require the preparation of EFFECTIVE DATE: November 5,1980.

by the Superintendent of Documents. a regulatory impact analysis. FOR FURTHER INFORMATION CONTACT:

Prices of new books are listed in the Accordingly, 7 CFR Part 371 is amended Mark E. Chopko, Office of the General first F E D E R A L R E G IST E R issue of each as follows: Counsel, U.S. Nuclear Regulatory month. 1. Section 371.1 is amended by Commission, Washington, D.C. 20555, revising paragraph (c)(2), to read as 202/634-3224.

follows: SUPPLEMENTARY INFORMATION: NRC DEPARTMENT OF AGRICULTURE § 371.1 General statement. regulations provide that the Commission

• * * *

• may decide to review, on its own Animal and Plant Health Inspection motion, a decision of the Appeal Board Service (c)* * *

(2) Veterinary Services within thirty (30) days of the decision or after a petition for review is filed, 7 CFR Part 371 Laboratories whichever is later. 10 CFR 2.786(a), as National Veterinary Services amended 45 FR 45890 (July 8,1980). In Organization, Functions and addition, § 2.206(c) provides that the Delegations of Authority Laboratories, P.O. Box 884, Ames, IA 50010 Commission may decide to review a a g e n c y : Animal and Plant Health Directors decision within twenty (20)

Inspection Service, USDA. Regions days of the decision. In both instances ACTION: Final rule. North Central: 2490 W. 26th Avenue, Rm the time had been divided between 236, Denver, CO 80211 review of the matter by the Office of the s u m m a r y : This document revises the Northern: Bldg. 12, GSA Depot, Scotia, General Counsel in order to advise the statement of organization of the Animal NY 12302 Commissioners on a proposed course of and Plant Health Inspection Service by Southeastern: 700 Twiggs St., Rm 821, action and consideration of the matter adding five regional offices in the field Tampa, FL 33602 by the Commission. The Commission organization of APHIS under the South Central: Texas and Pacific Bldg., has recently adopted a revised set of supervision of the Deputy Suite 310, 221 W. Lancaster Avenue, internal operating procedures that now Administrator, Veterinary Services. Ft. Worth, TX 76102 would provide ten (10) working days for Regional supervision previously was Western: 245 E. Liberty St., Rm 300, Commissioner action. In order both to provided through five regional directors Reno, NV 89501 provide for adequate review in the located at 6505 Belcrest Road, * * * *

• Office of the General Counsel and to Hyattsville, MD 20782. Authority: 5 U.S.C. 301.

provide sufficient time for Commission EFFECTIVE DATE: November 5,1980.

consideration in conformance with the Issued at Washington, D.C., this 28th day of new operating procedures, the FOR FURTHER INFORMATION CONTACT: October 1980.

Commission has decided to amend its John C. Frey, Animal and Plant Health Harry C. Mussman, rules to add additional time for Inspection Service, U.S. Department of Administrator, Anim al and Plant Health consideration of such decisions.

Agriculture, Washington, D.C. 20250 Inspection Service. Section 2.786(a) will be amended to (202-447-5335 or 301-436-6466). [FR Doc. 80-34434 Filed 11-4-80; 8:45 am] provide forty (40), instead of the existing SUPPLEMENTARY INFORMATION: At the BILLING CODE 3410-34-M thirty (30), days for Commission time the statement of organization, consideration of Appeal Board decisions functions, and delegations of authority on its own motion. This change does not for APHIS was first codified into 7 CFR NUCLEAR REGULATORY affect the rest of § 2.786(a) including the 371, (45 FR 8564), regional offices were CO M M ISSIO N recent amendment. 45 FR 45890. In not established for Veterinary Services. addition, § 2.206(c)(1) will be amended 10 CFR Part 2 Supervision of field activities was to provide twenty-five (25), instead of provided by five regional directors ' Rules of Practice for Domestic the existing twenty (20), days for located in Hyattsville, MD. Now, Licensing Proceedings Commission consideration of a regional officies have been established Directors decision.

as set forth in this document. AGENCY: Nuclear Regulatory Because this amendment relates This rule relates to internal agency Commission. solely to matters of agency procedure, management and, therefore, pursuant to ACTION: Final rule. notice of proposed rulemaking and 5 U.S.C. 553 it is found upon good cause public procedure thereon are not that notice and other public procedure

SUMMARY

The Commission is amending required by section 553 of Title 5 of the with respect thereto are impractical and its rules of practice to conform the time United States Code and shall be omitted contrary to the public interest, and good permitted under 10 CFR 2.206(c) and from this proceeding. As rules applying cause is found for making this rule 2.786(a) with its revised internal only to internal agency procedure, these

73466 Federal Register / Vol. 45, No. 216 / W ednesday, N ovem ber 5, 1980 / Rules and Regulations final rules will be effective November 5, FEDERAL HOME LOAN BANK BO ARD requirement of prior approval of NOW 1980. account forms issued by Federal Accordingly, pursuant to the Atomic 12 CFR Part 563 associations. However, the provisions of Energy Act of 1954, as amended, the [No. 80-656]

12 CFR 563.1 requiring the Federal Energy Reorganization Act of 1974, as Savings and Loan Insurance amended, and sections 552 and 553 of Technical Amendment Regarding NOW Corporations prior approval of account Title 5 of the United States Code, the Accounts forms issued by insured State following amendment to Title 10, institutions remain in effect and are October 23,1980. applicable to NOW accounts.

Chapter I, Code of Federal Regulations, Part 2, is published as a document AGENCY: Federal Home Loan Bank The Board has therefore resolved to subject to codification: Board. amend § 563.1 to exempt forms for NOW a c t io n : Final regulation. accounts issued by insured State

1. Section 2.206(c)(1) is revised to read institutions from the requirement of as follows:

SUMMARY

Pursuant to titles 111 and IV of prior approval by the Federal Savings the Depository Institutions Deregulation and Loan Insurance Corporation. This

§ 2.206 Requests for action under this subpart. and Monetary Control Act of 1980, the will result in equal treatment of Federal

• * * *

• Federal Home Loan Bank Board adopted and insured State institutions under the on September 30,1980 regulations regulations, and will conform the (c)(1) Directors decisions under this authorizing Federal associations to issue Boards rule on NOW account form section will be filed with the Office of negotiable order of withdrawal requirements to those of the Board of the Secretary. Within twenty-five (25) (NOW) accounts. This resolution Governors of the Federal Reserve and days after the date of the Directors adopts a technical amendment to those the Federal Deposit Insurance decision under this section that no regulations that conforms requirements Corporation.

proceeding will be instituted or other for Federal and other FSLIC-insured While Federal and insured State action taken in whole or in part, the institutions with regard to NOW institutions will not be required to Commission may on its own motion account forms. submit NOW account forpis for prior review that decision, in whole or in part, EFFECTIVE DATE: December 31,1980. approval or adopt forms prescribed by to determine if the Director has abused FOR FURTHER INFORMATION CONTACT: the Board, it is expected that NOW his discretion. This review power does Michael D. Schley (202-377-6444), Office account terms (such as interest rate, not limit in any way either the of General Counsel, Federal Home Loan minimum balance requirements, and Commissions supervisory power over Bank Board, 1700 G Street, N.W., service fees) will be fully disclosed to delegated staff actions or the Washington, D.C. 20552. depositors as a matter of prudent Commissions power to consult with the SUPPLEMENTARY INFORMATION: At business practice. It is also noted that staff on a formal or informal basis present, only Federal associations in an institution offering electronic fund regarding institution of proceedings New England, New York and New tranfer services in conjunction with under this section. Jersey are permitted to offer negotiable NOW accounts is subject to the

• * * *

• order of withdrawal (NOW) accounts disclosure requirements of Regulation E

2. Section 2.786(a) is revised to read as to depositors. Title III of the Depository (12 CFR 205.7).

follows: Institutions Deregulation and Monetary The Board finds that observance of Control Act of 1980 (Pub. L. No.96-221; the proposal procedure and notice

§ 2.786 Review of decisions and actions 94 Stat. 132 (1980)) extends this period of 12 CFR 508.12 and 5 U.S.C.

of an Atomic Safety and Licensing Appeal authority to Federal associations § 553 would be impracticable due to the Board. nationwide as of December 31,1980. By December 31,1980 effective date of (a) Within forty (40) days after the Resolution No.80-613 of September 30, NOW account authority and is date of a decision or action by an 1980 (45 FR 66781, October 8,1980), the unnecessary because the amendments Atomic Safety and Licensing Appeal Federal Home Loan Bank Board adopted are technical in nature. The amendment Board under § 2.785, or within thirty (30) final regulations that implement this is therefore adopted as a final days after a petition for review of such NOW account authority. regulation, and will become effective on decision or action has been filed under As part of Resolution No.80-613, the December 31,1980, in conjunction with paragraph (b) of this section, the Board amended 12 CFR 545.2(b) so that the nationwide NOW account authority Commission may, in cases of Federal associations will not be required of Resolution No.80-613.

exceptional legal or policy importance, to issue passbooks or certificates as Accordingly, the Board hereby review the decision or action on its own evidence of ownership of NOW amends Part 563, Subchapter D, Chapter motion. accounts. The purpose underlying this V of Title 12, Code o f Federal

• * * *

• amendment was to place Federal Regulations, as set forth below.

associations on an equal footing in this (Sec. 161p Pub. L. No.83-703, 68 Stat. 948 (42 PART 563 O PERATION S U.S.C. 2201); Sec. 201, as amended, Pub. L.

regard with other depository institutions No.93-438, 88 Stat. 1243 (42 U.S.C. 5841))

issuing draft-type instrument accounts. 1. Revise the second sentence of The amendment to § 545.2(b) § 563.1 to read:

Dated at Washington, DC, this 29th day of inadvertently resulted in inequitable October 1980. treatment of Federal and State § 563.1 [Amended]

For the Commission. associations with regard to prior * * *No insured institution (except a Samuel). Chilk, approval of account forms. Section Federal savings and loan association)

Secretary o f the Commission. 545.2(b) requires that Federal shall issue any form of checking or

[FR Doc. 80-34293 Filed 11-4-80; 8:45 am] associations issue certificate forms that savings accounts, share, stock, BILU N G CODE 759O-01-M are prescribed by the Board; the membership or deposit certificates, exemption of NOW accounts from these passbooks, or other investment contract provisions abolished the only 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 F E D E R A L R E G IS TE R in that they are brought about through PART 910 LEMONS GROWN IN contains regulatory documents having group action of essentially small entities CALIFORNIA AND ARIZONA general applicability and legal effect, most acting on their own behalf. Thus, both of which are keyed to and codified in 1. The authority citation for 7 CFR the Code of Federal Regulations, which is statutes have small entity orientation published under 50 titles pursuant to 44 and compatibility. Part 910 continues to read as follows:

U.S.C. 1510. This regulation is issued under Authority: Secs. 1-19, 48 Stat. 31, as The Code of Federal Regulations is sold Marketing Order No. 910, as amended (7 amended; 7 U.S.C. 601-674.

by the Superintendent of Documents.

CFR Part 910) regulating the handling of Prices of new books are listed in the first FED E R A L R E G IS TE R issue of each lemons grown in California and Arizona. 2. Section 910.875 is added to read as week. The order is effective under the follows:

Agricultural Marketing Agreement Act DEPARTMENT OF AGRICULTURE (the Act, 7 U.S.C. 601-674), as § 910.875 Lemon Regulation 575.

Agricultural Marketing Service amended. This action is based upon the The quantity of lemons grown in recommendation and information California and Arizona which may be 7 CFR Part 910 submitted by the Lemon Administrative handled during the period August 23

[Lemon Regulation 575] Committee and upon other available through August 29,1987, is established information. It is found that this action at 351,774 cartons.

Lemons Grown in California and will tend to effectuate the declared Dated: August 19,1987.

Arizona; Limitation of Handling policy of the Act. Ronald L. Cioffi, agency: Agricultural Marketing Service, This regulation is consistent with the Acting Deputy Director, Fruit and Vegetable USDA. marketing policy for 1987-88. The Division, Agricultural M arketing Service.

committee met publicly on August 18, [FR Doc. 87-19351 Filed 8-20-87; 8:45 am]

a c t io n : Final Rule.

1987, in Los Angeles, California, to BILLING CODE 3410-02-M sum m ary: Regulation 575 establishes consider the current and prospective the quantity of fresh Califomia-Arizona conditions of supply and demand and lemons that may be shipped to market at recommended by an 11 to 1 vote (with NUCLEAR REGULATORY 351,774 cartons during the period August one abstention) a quantity of lemons COMMISSION 23 through August 29,1987. Such action deemed advisable to be handled during is needed to balance the supply of fresh the specified week. The committee 10 CFR Parts 0 ,1 ,2 ,7 ,9 ,1 0 ,1 1 ,1 5 ,1 9 ,

lemons with market demand for the reports that the market is good. 20, 21,25,30, 35,40,50, 51,60,61,70, period specified, due to the marketing Pursuant to 5 U.S.C. 553, it is further 71,72,73,74,75,95,150, and 170 situation confronting the lemon industry. found that it is impracticable, DATES: Regulation 575 (§ 910.875) is unnecessary, and contrary to the public Statement of Organization and General effective for the period August 23 interest to give preliminary notice, and Information through August 29,1987. engage in further public procedure with AGENCY: Nuclear Regulatory FOR FURTHER INFORMATION CO N TACT: respect to this action and that good Commission, James M. Scanlon, Acting Chief, cause exists for not postponing the Marketing Order Administration Branch, a c t i o n : Final rule.

effective date of this action until 30 days F&V, AMS, USDA, Washington, DC after publication in the Federal Register 20250-0200, telephone: (202) 447-5697.

SUMMARY

The Nuclear Regulatory because of insufficient time between the Commission (NRC) is revising its SUPPLEMENTARY INFORMATION: This date when information became final rule has been reviewed under regulations pertaining to its statement of available upon which this regulation is organization and general information.

Executive Order 12291 and based and the effective date necessary The revision is necessary to reflect the Departmental Regulation 1512-1 and has to effectuate the declared purposes of completion of a major reorganization.

been determined to be a non-major the Act. Interested persons were given rule under criteria contained therein. The revision is also necessary to fulfill an opportunity to submit information the NRCs obligation under the Freedom Pursuant to requirements set forth in and views on the regulation at an open of Information Act (5 U.S.C.

the Regulatory Flexibility Act (RFA), the meeting. It is necessary to effectuate the Administrator of the Agricultural 552(a)(1)(A)) to publish in the Federal declared purposes of the Act to make Register descriptions of its headquarters Marketing Service has determined that these regulatory provisions effective as this action will not have a significant and field organizations and to inform specified, and handlers have been industry and the interested public of economic impact on a substantial apprised of such provisions and the number of small entities. these organizational changes.

effective time.

The purpose of the RFA is to fit EFFECTIVE DATE: August 19,1987.

regulatory action to the scale of List of Subjects in 7 CFR Part 910 FOR FURTHER INFORMATION CO NTACT:

business subject to such actions in order Donnie H. Grimsley, Director, Division that small businesses will not be unduly Marketing agreements and orders, California, Arizona, Lemons. of Rules and Records, Office of or disproportionately burdened. Administration and Resources Marketing orders issued pursuant to the For the reasons set forth in the Management, U.S. Nuclear Regulatory _

Agricultural Marketing Agreement Act, preamble, 7 CFR Part 910 is amended as Commission, Washington, DC 20555, and rules issued thereunder, are unique follows: Telephone: 301-492-7211.

31602 Federal Register / Vol. 52, No. 162 / Friday, A ugust 21, 1987 / Rules and Regulations SUPPLEMENTARY INFORMATION: On July environmental assessment has been Executive Director for Operations 18,1977,10 CFR Part 1, "Statement of prepared for this final rule. 1.31 Office of the Executive Director for Organization and General Information, Operations.

was promulgated (42 FR 36797). During Paperwork Reduction Act Statement the past 10 years, Part 1 has been Staff Offices This final rule contains no information amended over 20 times; but the entire collection requirements and, therefore, 1.33 Office of Administration and Resources part has never been completely revised. Management.

is not subject to the requirements of the Until the April 12,1987 reorganization, 1.35 Office for Analysis and Evaluation of Paperwork Reduction Act of 1980 (44 Operational Data.

past reorganizations had a real, yet U.S.C. 3501 et seq.)

small, impact on the content of Part 1. 1.37 Office of Small and Disadavantaged Regulatory Analysis Business Utilization and Civil Rights.

The new reorganization has altered 1.39 Office of Personnel.

virtually the entire part, with the Because this final rule has no creation of entirely new offices, the Program Offices economic impact on the public and only consolidation of other offices, and the a modest economic impact on the NRC 1.41 Office of Nuclear Material Safety and elimination of still others. for resources to prepare the final rule, Safeguards.

In its revision of Part i, the NRC has no regulatory analysis has been prepared. 1.43 Office of Nuclear Reactor Regulation.

revamped the text of the older version in 1.45 Office of Nuclear Regulatory Research.

order to present the information in plain Backfit Analysis 1.47 NRC Regional Offices.

English, a departure from the more Subpart C NRC Seal and Flag formal style of the old text. As a model, This final rule pertains solely to the the NRC patterned the revision on the organization of the NRC; therefore, no 1.51 Description and custody of NRC seal.

office-level functional descriptions backfit analysis has been prepared. 1.53 Use of NRC seal or replicas.

1.55 Establishment of official NRC flag.

found in NUREG-0325 (Revision 10), List of Subjects in 10 CFR Parts 0,1,2,9, 1.57 Use of NRC flag.

NRC Functional Organization Charts, 15,21,150, and 170 1.59 Report of violations.

published on February 6,1987, which contains more detailed descriptions of Organization and functions Authority: Sec. 23,161, 68 Stat. 925, 948, as the functional responsibilities of NRCs (Government agencies). amended (42 U.S.C. 2033, 2201); sec. 29, Pub.

offices.1 NUREG-4J325 is revised For the reasons set out in the L.85-256, 71 Stat. 579, Pub. L 95-209, 91 Stat.

preamble and under the authority of the 1483 (42 U.S.C. 2039); sec. 191, Pub. L.87-615, annually to reflect changes in the 76 Stat. 409 (42 U.S.C. 2241); secs. 201, 203, functions of NRC offices. Should Atomic Energy Act of 1954, as amended, 204, 205, 209, 88 Stat. 1242,1244,1245,1246, changes in NUREG-0325 impact the the Energy Reorganization Act of 1974, 1248, as amended (42 U.S.C. 5841, 5843, 5844, descriptions contained in Part 1, a as amended, and 5 U.S.C. 553, the NRC 5845, 5849); 5 U.S.C. 552, 553; Reorganization corresponding revision will be made in is adopting the following revision of 10 Plan No. 1 of 1980, 45 FR 40561, June 16,1980.

Part 1. CFR Part 1 and conforming amendments Conforming amendments are being to 10 CFR Parts 0, 2, 7, 9,10,11,15,19, Subpart A Introduction made to other affected parts where 20, 21, 25, 30, 31, 34, 35, 40, 50, 51, 60, 61, current information permits. In the 70, 71, 72, 73, 74, 75, 95,150, and 170. § 1.1 Creation and authority.

future, as the NRC moves toward 1.10 CFR Part 1 is revised to read as (a) The Nuclear Regulatory completion of its consolidation to a new follows: Commission was established by the location, other changes will be made to Energy Reorganization Act of 1974, as reflect address changes. PART 1 S TA TEM EN T OF amended, Pub. L.93-438, 88 Stat. 1233 Because these amendments deal ORGANIZATION AND GENERAL (42 U.S.C. 5801 et seq.). This Act solely with agency organization and INFORMATION abolished the Atomic Energy procedure, the notice and comment Commission and, by section 201, provisions of the Administrative Subpart A Introduction transferred to the Nuclear Regulatory Procedure Act do not apply under 5 Sec. Commission all the licensing and related U.S.C. 553(b)(A). The amendments are 1.1 Creation and authority. regulatory functions assigned to the effective upon publication in the Federal 1.3 Sources of additional information. Atomic Energy Commission by the Register. Good cause exists to dispense 1.5 Location of principal offices and Atomic Energy Act of 1954, as amended, with the usual 30-day delay in the Regional Offices.

Pub. L.83-703, 68 Stat. 919 (42 U.S.C.

effective date, because the amendments Subpart B Headquarters 2011 et seq.)< These functions included are of a minor and administrative nature 1.11 The Commission. those of the Atomic Safety and dealing with the agencys organization. Licensing Board Panel and the Atomic Panels, Boards, and Committees Safety and Licensing Appeal Panel. The Environmental Impact: Categorical Exclusion 1.13 Advisory Committee on Reactor Energy Reorganization Act became Safeguards. effective January 19,1975 (E .0.11834).

The NRC has determined that this 1.15 Atomic Safety and Licensing Board final rule is the type of action described Panel. (b) As used in this part:

in categorical exclusion 10 CFR 1.17 Atomic Safety and Licensing Appeal "Commission means the five 51.22(c)(1). Therefore, neither an Panel. members of the Nuclear Regulatory environmental impact statement nor an 1.19 Other committees, boards, and panels. Commission or a quorum thereof sitting Commission Staff as a body, as provided by section 201 of the Energy Reorganization Act of 1974, 1 NUREG-0325 is available for inspection and 1.21 Office of Inspector and Auditor.

copying for a fee at the NRC Public Document Room as amended.

1.23 Office of the General Counsel.

1717 H Street NW.. Washington DC 20555. NUREG-1.25 Office of the Secretary of the "NRC means the Nuclear Regulatory 0325 may be purchased from the Superintendent of Commission, the agency established by Documents, U.S. Government Printing Office, P.O. Commission.

Box 37082, Washington, DC 20013-7082; or the 1.27 Office of Investigations. Title II of the Energy Reorganization Act National Technical Information Service, 5285 Port 1.29 Office of Governmental and Public of 1974, as amended, comprising the Royal Road, Springfield VA 22161. Affairs. members of the Commission and all

Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations 31603 offices, employees, and representatives available on a subscription basis from appointment and supervision of authorized to act in any case or matter. the National Technical Information personnel, except as otherwise provided

§ 1.3 Sources of additional information.

Service, 5285 Port Royal Road, by the Energy Reorganization Act of Springfield, VA 22161. 1974, as amended, and Reorganizaton (a) A statement of the NRCs organization, policies, procedures, § 1.5 Location of principal offices and Plan No. 1 of 1980 (45 FR 40561);

assignments of responsibility, and Regional Offices. distribution of business; use and delegations of authority is in the Nuclear (a) The principal NRC offices are expenditures of funds (except that the Regulatory Commission Manual and located in the Washington, DC, area. function of revising budget estimates other elements of the NRCs Facilities for the service of process and and purposes is reserved to the Management Directives System, papers are maintained within the Commission); and appointment, subject including local directives issued by District of Columbia at 1717 H Street, to approval of the Commission, of heads Regional Offices. Letters/memoranda NW. The mailing address for all NRC of major administrative units under the delegations of authority are also issued Headquarters offices is Washington, DC Commission. The Chairman is the from time to time that have not yet been 20555. The locations of NRC offices in official spokesman, as mandated by the incorporated into the Manual, parts of the Washington, DC, area are as Reorganization Plan No. 1 of 1980. The which are republished periodically. follows; Chairman has ultimate authority for all Copies of the Manual and other (1) Air Rights III Building, 4550 NRC functions pertaining to an delegations of authority are available Montgomery Avenue, Bethesda, emergency involving an NRC Licensee.

for public inspection and copying for a Maryland. The Chairmans actions are governed by fee at the NRC Public Document Room, (2) East West/South Towers Building, the general policies of the Commission.

1717 H Street, NW., Washington, DC, 4340 East West Highway, Bethesda, (b) The Commission is responsible for and at each of NRCs Regional Offices. Maryland. licensing and regulating nuclear Information may also be obtained from (3) East W est/W est Towers Building, facilities and materials and for the Office of Governmental and Public 4350 East West Highway, Bethesda, conducting research in support of the Affairs or from Public Affairs Officers at Maryland. licensing and regulatory process, as the Regional Offices. In addition, NRC (4) Maryland National Bank Building, mandated by the Atomic Energy Act of Functional Organization Charts 7735 Old Georgetown Road, Bethesda, 1954, as amended; the Energy (NUREG-0325) contains detailed Maryland. Reorganization Act of 1974, as amended; descriptions of the functional (5) Matomic Building, 1717 H Street, and the Nuclear Nonproliferation Act of responsibilities of NRCs offices. It is NW, Washington, DC. 1978; and in accordance with the revised annually and is available for (6) Nicholson Lane Building, 5650 National Environmental Policy Act of public inspection at the NRC Public Nicholson Lane, Rockville, Maryland. 1969, as amended, and other applicable Document Room or for purchase from (7) Phillips Building, 7920 Norfolk statutes. These responsibilities include the Superintendent of Documents, U.S. Avenue, Bethesda, Maryland. protecting public health and safety, Government Printing Office, P.O. Box (8) Willste Building, 7915 Eastern protecting the environment, protecting 37082, Washington, DC 20013-7082; or Avenue, Silver Spring, Maryland. and safeguarding nuclear materials and from the National Technical Information (9) Woodmont Building, 8120 nuclear power plants in the interest of Service, Springfield, VA 22161. Woodmont Avenue, Bethesda, national security, and assuring (b) Commission meetings are open to Maryland. conformity with antitrust laws. Agency the public, as provided by the (b) The addresses of the NRC Government in the Sunshine Act, unless functions are performed through Regional Offices are as follows: standards setting and rulemaking; they fall within an exemption to the Region I, USNRC, 631 Park Avenue, Acts openness requirement and the technical reviews and studies; conduct King of Prussia, PA 19406. of public hearings; issuance of Commission also has determined that Region II, USNRC, 101 Marietta Street, the public interest requires that those authorizations, permits, and licenses; particular meetings be closed. NW, Suite 2900, Atlanta, GA 30323. inspection, investigation, and Information concerning Commission Region III, USNRC, 799 Roosevelt enforcement; evaluation of operating meetings may be obtained from the Road, Glen Ellyn, IL 60137. experience; and confirmatory research.

Office of the Secretary. Region IV, USNRC, 611 Ryan Plaza The Commission is composed of five (c) Information regarding the Drive, Suite 1000, Arlington, TX 76011. members, appointed by the President availability of NRC records under the USNRC, Region IV Uranium Recovery and confirmed by the Senate.

Freedom of Information Act and the Field Office, 730 Simms Street, P.O. Box (c) The following staff units and Privacy Act of 1974 may be obtained 25325, Denver, CO 80225. officials report directly to the from the Division of Rules and Records, Region V, USNRC, 1450 Maria Lane, Commission: Atomic Safety and Office of Administration and Resources Suite 210, Walnut Creek, CA 94596. Licensing Board Panel, Atomic Safety Management. NRCs regulations are Subpart B Headquarters and Licensing Appeal Panel, Office of published in the Federal Register and Inspector and Auditor, Office of codified in Title 10, Chapter I, of the § 1.11 The Commission. Investigation, Office of the General Code of Federal Regulations. They are (a) The Nuclear Regulatory Counsel, Office of the Secretary, and also published in looseleaf form as Commission, composed of five members, other committees and boards which are NRC Rules and Regulations, and one of whom is designated by the authorized or established specifically by available on a subscription basis from President as Chairman, is established the Act. The Advisory Committee on the Superintendent of Documents, U.S. pursuant to section 201 of the Energy Reactor Safeguards also reports directly Government Printing Office, P.O. Box Reorganization Act of 1974, as amended. to the Commission.

37082, Washington, DC 20013-7082. Final The Chairman is the principal executive (d) (1) For matters pertaining to Public opinions made in the adjudication of officer of the Commission, and is and Congressional Affairs, the Office of cases are published in Nuclear responsible for the executive and Governmental and Public Affairs reports Regulatory Commission Issuances, and administrative functions with respect to directly to the Chairman.

31604 Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations (2) For matters pertaining to § 1.17 Atomic Safety and Licensing property loss or damage, tort claims International and State, Local, and Appeal Panel. against the United States and fraud, Indian Tribe Programs, the Office of The Atomic Safety and Licensing waste, and mismanagement; Governmental and Public Affairs reports Appeal Panel is the organizational body (c) Develops policies and standards directly to the Commission. from which are drawn Atomic Safety governing the Commissions financial Panels, Boards, and Committees and Licensing Appeal Boards for and management audit program and particular proceedings. These three- administers the Commissions day-to-

§ 1.13 Advisory Committee on Reactor member Appeal Boards exercise the day audit activities; Safeguards. authority and perform the review (d) Reports to the Commission as The Advisory Committee on Reactor functions that would otherwise be necessary to keep the Commission fully Safeguards (ACRS) was established by exercised and performed by the informed of its financial management section 29 of the Atomic Energy Act of Commission in facility licensing responsibilities and of the results of 1954, as amended. Consisting of a proceedings under 10 CFR Part 50 and investigations, inspections, and audits; maximum of 15 members, it reviews and such other licensing and enforcement (e) Hears individual employee reports on safety studies and proceedings as the Commission may concerns regarding NRC operations and applications for construction permits specify, reviewing initial decisions and activities; and facility operating licenses; advises other issuances of Atomic Safety and Licensing Boards and other presiding (f) Refers suspected or alleged the Commission with regard to hazards criminal matters regarding NRC of proposed or existing reactor facilities officers. Appeal Boards perform such other regulatory functions as may be employees and contractors to the and the adequacy of proposed reactor Department of Justice; and safety standards; upon request of the delegated to them by the Commission.

The Panel is comprised of a Chief (g) Maintains liaison with Inspector Department of Energy (DOE), reviews General organizations and other law and advises with regard to the hazards Administrative Judge, who serves as Chairman, and other Administrative enforcement agencies.

of DOE nuclear activities and facilities; reviews any generic issues or other Judges as may be appointed. § 1.23 Office of the General Counsel.

matters referred to it by the Commission § 1.19 Other committees, boards, and The Office of the General Counsel, for advice. The Committee, on its own panels. established pursuant to section 25 of the initiative, may conduct reviews of Atomic Energy Act of 1954, as specific generic matters or nuclear Under section 161a. of the Atomic Energy Act of 1954, as amended, the amended facility safety-related items. The ACRS conducts studies of reactor safety Commission may establish advisory (a) Directs matters of law and legal bodies to make recommendations to it. policy, providing opinions, advice, and research and submits reports thereon to the U.S. Congress and the NRC as Currently, two advisory committees are assistance to the agency with respect to appropriate. in existence. all of its activities; (a) The Advisory Committee on (b) Reviews and prepares appropriate

§ 1.15 Atomic Safety and Licensing Board Medical Uses of Isotopes (ACMUI) was draft Commission decisions on Atomic Panel. established by the Atomic Energy Safety and Licensing Appeal Board The Atomic Safety and Licensing Commission in July 1958. The ACMUI, decisions and rulings, public petitions Board Panel, established pursuant to composed of physicians and scientists, seeking direct Commission action, and section 191 of the Atomic Energy Act of considers medical questions referred to rulemaking proceedings involving 1954, as amended, conducts hearings for it by the NRC staff and renders expert hearings; the Commission and such other opinions regarding medical uses of (c) Provides interpretation of laws, regulatory functions as the Commission radioisotopes. The ACMUI also advises regulations, and other sources of authorizes. The Panel is comprised of the NRC staff, as requested, on matters authority; any number of Administrative Judges of policy regarding licensing of medical (d) Reviews the legal form and (full-time and part-time), who may be uses of radioisotopes. content of proposed official actions; lawyers, physicists, engineers, and (b) The Advisory Committee for the (e) Prepares or concurs in all ,

environmental scientists; and Decontamination of Three Mile Island, contractual documents, interagency Administrative Law Judges, who hear Unit 2, was established by the NRC in agreements, delegations of authority, antitrust, civil penalty, and other cases October 1980. Its purpose is to obtain regulations, orders, licenses, and other and serve as Atomic Safety and input and views from the residents of legal documents and prepares legal Licensing Board Chairmen. The Chief the Three Mile Island area and afford interpretations thereof; Administrative Judge develops and Pennsylvania government officials an (f) Reviews and directs intellectual applies procedures governing the opportunity to participate in the property (patent) work; activities of Boards, Administrative Commissions decisional process regarding cleanup for Three Mile Island, (g) Represents and protects the Judges, and Administrative Law Judges interests of the NRC in legal matters and and makes appropriate Unit 2.

in court proceedings, and in relation to recommendations to the Commission Commission Staff other government agencies, concerning the rules governing the administrative bodies, committees of conduct of hearings. The Panel conducts § 1.21 Office of Inspector and Auditor.

Congress, foreign governments, and all licensing and other hearings as The Office of Inspector and Auditor members of the public; and directed by the Commission primarily (a) Conducts investigations and (h) Represents the NRC staff as a through individual Atomic Safety and inquiries to ascertain and verify the party in NRC administrative hearings.

Licensing Boards composed, of one or integrity of NRC programs and three Administrative Judges. Those operations; §1.25 Office of the Secretary of the boards are appointed by either the (b) Investigates allegations of NRC Commission.

Commission or the Chief Administrative employee misconduct, wrongdoing by The Office of the Secretary of the Judge. NRC contractors, claims for personal Commission

Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules and Regulations 31605 (a) Provides general management (f) Keeps Commission and involved in the following line offices: The Office services to support the Commission and NRC offices currently apprised of of Nuclear Reactor Regulation, the to implement Commission decisions; matters under investigation as they Office of Nuclear Material Safety and and advises and assists the Commission affect public health and safety, the Safeguards, the Office of Nuclear and staff on the planning, scheduling, common defense and security, Regulatory Research, and the NRC and conduct of Commission business environmental quality, or the antitrust Regional Offices; and the following staff including preparation of internal laws; offices: The Office of Enforcement, the procedures; (g) Issues subpoenas where necessary Office of Administration and Resources (b) Prepares the Commissions or appropriate for the conduct of Management, the Office for Analysis meeting agenda; investigations; and and Evaluation of Operational Data, the (c) Manages the Commission Staff (h) Maintains liaison with other Office of Small and Disadvantaged Paper and COMSECY systems; agencies and organizations to ensure the Business Utilization and Civil Rights, the (d) Receives, processes, and controls timely exchange of information of Office of Personnel, and other Commission mail, communications, and mutual interest. organizational units a? shall be assigned correspondence; § 1.29 Office of Governmental and Public by the Commission. The EDO is also (e) Maintains the Commissions Affairs. responsible for implementation of the official records and acts as Freedom of The Office of Governmental and Commissions policy directives Information administrative coordinator Public Affairs pertaining to these offices; and for Commission records; (a) Establishes and maintains good (3) Exercises powers and functions (f) Codifies Commission decisions in communications and working delegated to the EDO under the memoranda directing staff action and relationships between the NRC and Reorganization Plan No. 1 of 1980, this monitors compliance; other Governmental and public chapter, or otherwise by the Commssion (g) Receives, processes, and controls constituents; or Chairman, as appropriate. The EDO motions and pleadings filed with the (b) Provides advice and assistance to has the authority to perform any Commission; issues and serves the Chairman, Commission, and NRC function that may be performed by an adjudicatory orders on behalf of the staff on all NRC relations with office director reporting to the EDO.

Commission; receives and distributes Congress, State and local Governments, (b) The Office of Enforcement*

public comments in rulemaking Indian Tribe Organizations, the State (1) Develops policies and programs for proceedings, issues proposed and final Department, the international nuclear enforcement of NRC requirements; and rules on behalf of the Commission; community, the news media, and the (2) Manages major enforcement maintains the official adjudicatory and public; actions and assesses effectiveness and rulemaking dockets of the Commission; (c) Serves as primary contact for uniformity of Regional enforcement and exercises responsibilities delegated policy matters between the NRC and actions.

to the Secretary in 10 CFR 2.702 and these external groups, developing (c) The Office of Special Projects 2.772; policies for Commission consideration (1) Implements regulations, issues (h) Directs and administers the on how NRC should effectively interact orders, takes other action associated Headquarters NRC Public Document with these groups; with licensing and enforcement, and Room; (d) Keeps the agency apprised of these develops and implements policies, (i) Administers the NRC Historical groups activities as they may affect programs, and procedures for all aspects Program; NRC and conveys to NRC management of licensing and inspection for the (j) Integrates office automation these groups views toward NRC Tennessee Valley Authority (TVA) and initiatives into the Commissions policies, plans, and activities; Comanche Peak projects, except for administrative system; (e) Issues export and import licenses actual issuance or revocation of (k) Functions as the NRC Federal and participates in formulation of construction permits or operating Advisory Committee Management policies on nonproliferation issues, licenses; Officer; and international safeguards, and physical (2) Performs all safety and (l) Provides guidance and direction on security; and environmental reviews and evaluations the use of the NRC seal and flag. (f) Administers State Agreements for the assigned nuclear reactor program by facilities; and

§ 1.27 Office of Investigations. (3) Performs other functions required (1) Providing training and technical The Office of Investigations assistance to Agreement States; for implementation of the reactor (a) Develops policy, procedures, and (2) Integrating State/Federal licensing and inspection programs for quality control standards for the regulatory activities; and TVA and Comanche Peak projects.

conduct of all NRC investigations of (3) Maintaining the information (d) The Office of Consolidation licensees, permittees, applicants, and exchange and analysis program on State (1) Assures coordinated planning, their contractors and vendors; activities. budgeting, and execution of tasks (b) Conducts and supervises required to consolidate the NRC investigations within the scope of NRC Executive Director for Operations headquarters staff at White Flint North; authority, except those concerning NRC § 1.31 Office of the Executive Director for (2) Provides a single focus for employees and NRC contractors; Operations. management review, decision making, (c) Assures the quality of (a)(1) The Executive Director for and direction for activities undertaken investigations; Operations (EDO) reports for all matters to accomplish the consolidation of the (d) Maintains current awareness of to the Chairman, and is subject to the NRC headquarters staff; and inquiries and inspection by other NRC supervision and direction of the (3) Keeps NRC management and offices to identify the need for formal Chairman as provided in Reorganization employees as fully and accurately investigations; Plan No. 1 of 1980. informed as possible about all aspects (e) Makes appropriate referrals to the (2) Supervises and coordinates policy of the consolidation, especially those Department of justice; development and operational activities aspects which could affect individual

31606 Federal Register / Vol. 52, No. 162 / Friday, August 21, 1987 / Rules an d Regulations and collective performance of agency CRGR charter are implemented in a (e) Provides staffing advice and missions and tasks. thorough and timely manner. services to NRC managers and Staff Offices employees; and

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

(f) Provides executive resources

§ 1.33 Office of Administration and management and organizational and Resources Management The Office of Small and managerial development services to the The Office of Administration and Disadvantaged Business Utilization and NRC.

Resources Management Civil Rights (a) Prepares the agencys budget for (a) Develops and implements an Program Offices submission to the EDO; effective small and disadvantaged § 1.41 Office of Nuclear Material Safety (b) Performs all accounting and business program in accordance with and Safeguards.

financial systems management the Small Business Act, as amended, and plans and implements NRC policies (a) The Office of Nuclear Material functions, including payroll, travel, and Safety and Safeguards is responsible for license fees, and provides centralized and programs relating to equal employment oppportunity and civil protecting the public health and safety, administrative service, such as the common defense and security, and managing rules and records, facilities, rights matters as required by the Equal Employment Opportunity Commission the environment by licensing, and operations support, publications inspection, and environmental impact services, security, and contracts; (EEOC) and the Office of Personnel Management (OPM); assessment for all nuclear facilities and (c) Manages centralized information activities, and for the import and export resources of the agency including (b) Ensures that appropriate consideration is given to Labor Surplus of special nuclear material.

computer and telecommunications (b) The Office responsibilities services, the document control system, Area firms and Women Business Enterprises, and conducts an outreach include records managment and services, and (1) Development and implementation the library; and program aimed at contractors desiring to do business with NRC; of NRC policy for the regulation of (d) Provides, to the extent feasible, all activities involving safety, quality, necessary administrative, financial, and (c) Maintains liaison with other Government agencies and trade approval, and inspection of the use and information support services to other handling of nuclear and other NRC offices. associations; (d) Coordinates efforts with the radioactive materials, such as uranium

§ 1.35 Office for Analysis and Evaluation Director, Division of Contracts, and activities; of Operational Data. Directors of other affected offices; (2) Fuel fabrication and fuel The Office for Analysis and (e) Develops and recommends for development; Evaluation of Operational Data approval by the Executive Director for (3) Medical, industrial, academic, and (a) Analyzes and evaluates Operations, NRC policy providing for commercial uses of radioactive isotopes; operational safety data associated with equal employment opportunity in all (4) Safeguards activities; NRC-licensed activities to identify aspects of Federal personnel practice; (5) Transportation of nuclear safety issues that require NRC or (f) Develops, monitors, and evaluates materials, including certification of industry action; the agencys equal employment transport containers; (b) Provides timely feedback of opportunity efforts and affirmative (6) Out-of-reactor spent fuel storage; findings and evaluations to NRC staff, action programs to ensure compliance (7) Safe management and disposal of licensees, Congress, the public, and with NRC policy; low-level and high-level radioactive organizations, as appropriate; (g) Serves as the principal contract wastes; (c) Identifies NRC needs for with local and national public and (8) Planning and direction of program operational data and related technical private organizations to facilitate the for financial assurance of NMSS information and provides the NRC focal NRC equal opportunity program; and licensees; and point for coordination of generic (h) Coordinates all efforts pertaining (9) Management of the operational safety data and systems to small and disadvantaged business decommissioning of facilities and sites with the industry and other agencies; utilization and equal employment when their licensed functions are over.

(d) Develops and manages the NRC opportunity with Office Directors and (c) Safeguards responsibilities program for response to incidents and Regional Administrators. include emergencies, including the timely (1) Development of overall agency notification of events to NRR, NMSS, § 1.39 Office of Personnel. policy; and the Regions, as appropriate; The Office of Personnel (2) Monitoring and assessment of the (e) Develops and provides appropriate (a) Plans and implement NRC policies, threat environment, including liaison technical training for NRC staff; programs, and services to provide for with intelligence agencies, as (f) Develops and manages the agency the effective organization, utilization, appropriate; and program for reactor performance and development of the agencys human (3) Those licensing and review indicators; resources; activities appropriate to deter and fg) Develops and directs the agency (b) Provides labor relations and protect against threats of radiological program for diagnostic evaluations and personnel policy guidance and sabotage and threats of theft or for investigation of significant supporting services to NRC managers diversion of special nuclear material at operational incidents; and employees; fuel facilities and during transport.

(h) Manages and conducts the support (c) Provides training, benefits (d) The Office identifies and takes functions for the Committee to Review administration, and counseling services action to control safety and safeguards Generic Requirements (CRGR) in a for NRC employees; issues for activities under its manner that is consistent with CRGR (d) Collects, analyzes, and provides responsibility, including consulting and charter; and data on the characteristics, allocation, coordinating with international Federal, (i) Ensures the administrative utilization, and retention of NRCs State, and local agencies, as processes and functions specified in the workforce; appropriate.

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

§ 1.43 Office of Nuclear Reactor (d) Coordinates NRC participation in governmental agreements, foreign patent Regulation. international standards-related applications, certifications, special The Office of Nuclear Reactor activities and national volunteer reports to the President and Congress Regulation standards efforts, including appointment and, at the discretion of the Secretary of (a) Implements regulations and of staff to committees. the Commission, such other documents develops and implements policies, as the Secretary finds appropriate;

§ 1.47 NRC Regional Offices.

programs, and procedures for all aspects (5) Plaquesthe design of the seal of licensing, inspection, and Each Regional Administrator executes established NRC policies and assigned may be incorporated in plaques for safeguarding of display at NRC facilities in locations (1) Manufacturing, production, and programs relating to inspection, enforcement, licensing, State such as auditoriums, presentation utilization facilities, except for those rooms, lobbies, offices of senior concerning fuel reprocessing plants and agreements, State liaison, and emergency response within Regional officials, on the fronts of buildings, and isotopic enrichment plants; (2) Receipt, possession, and boundaries set out in § 1.5(b) of this other places designated by the ownership of source, byproduct, and part. Secretary; special nuclear material used or (6) The NRC flag (which incorporates produced at facilities licensed under 10 Subpart C NRC Seal and Flag the design of the seal);

CFR Part 50; § 1.51 Description and custody of NRC (7) Official films prepared by or for (3) Operators of such facilities; seal. the NRC, if deemed appropriate by the (4) Emergency preparedness at such (a) Pursuant to section 201(a) of the Director of Governmental and Public facilities; and Energy Reorganization Act of 1974, the Affairs; (5) Contractors and suppliers of such Nuclear Regulatory Commission, has (8) Official NRC publications that facilities. adopted an official seal. Its description represent an achievement or mission of (b) Identifies and takes action is as follows: An American bald eagle NRC as a whole, or that are regarding conditions and licensee (similar to that on the Great Seal of the cosponsored by NRC and other performance that may adversely affect United States of America) of brown and Government departments or agencies; public health and safety, the tan with claws and beak of yellow, arid environment, or the safeguarding of behind a shield of red, white, and blue, nuclear reactor facilities; (9) Any other uses as the Secretary of clutching a cluster of thirteen arrows in the Commission finds appropriate.

(c) Assesses and recommends or its left claw and a green olive branch in takes action regarding incidents or (b) Any person who uses the official its right claw, positioned on a field of accidents; white, with the words United States seal in a manner other than as permitted (d) Provides special assistance as Nuclear Regulatory Commission in by this section shall be subject to the

' required in matters involving reactor dark blue encircling the eagle. The eagle provisions of 18 U.S.C. 1017, which facilities exempt from licensing; represents the United States of America provides penalties for the fraudulent or (e) Provides guidance and and its interests. wrongful use of an official seal, and to t implementation direction to Regional (b) The Official Seal of the Nuclear other provisions of law as applicable.

[ Offices on reactor licensing, inspection, Regulatory Commission is illustrated as § 1.55 Establishment of official NRC flag.

I and safeguards programs assigned to the follows:

l Region, and appraises Regional program The official flag is based on the design I performance in terms of effectiveness of the NRC seal. It is 50 inches by 66 I and uniformity; inches in size with a 38-inch diameter (f) Performs other functions required seal incorporated in the center of a dark I for implementation of the reactor blue field with a gold fringe.

Klicensing, inspection, and safeguards I programs; §1.57 Use of NRC flag.

(g) Performs management of the NRC (a) The use of the flag is restrictd to I allegation program; and the following:

(h) Performs review and evaluation (1) On or in front of NRC installations; I related to regulated facilities insurance, I indemnity, and antitrust matters. (2) At NRC ceremonies; (3) At conferences involving official l§ 1.45 Office of Nuclear Regulatory NRC participation (including permanent I Research. display in NRC conference rooms);

I The Office of Nuclear Regulatory (4) At Governmental or public Research (c) The Secretary of the Commission appearances of NRC executives; 1 (a) Plans, recommends, and is responsible for custody of the (5) In private offices of senior official!;

implements programs of nuclear impression seals and of replica (plaque) seals. or regulatory research, standards development, and resolution of generic (6) As the Secretary of the

§ 1.53 Use of NRC seal or replicas. Commission otherwise authorizes.

safety issues for nuclear power plants lan d other facilities regulated by the (a) The use of the seal or replicas is (b) The NRC flag must only be NRC; restricted to the following: displayed together with the U.S. flag.

[ (b) Develops and promulgates all (1) NRC letterhead stationery; When they are both displayed on a technical regulations; (2) NRC award certificates and speakers platform, the U.S. flag must

[ (c) Coordinates research activities medals; occupy the position of honor and be Rwithin and outside the agency including (3) Security credentials and employee identification cards; placed at the speakers right as he or she appointment of staff to committees and (4) NRC documents, including faces the audience, and the NRC flag conferences; and must be placed at the speakers left.

agreements with States, interagency or

tj 31608 Federal Register / Vol. 52, No. 162 / Friday, A ugust 21, 1987 / Rules an d Regulations

§ 1.59 Report of violations. § 2.201 [Amended] (c) If the person charged with In order to ensure adherence to the 8. In § 2.201, in paragraph (a), remove violation fails to answer within the time authorized uses of the NRC seal and flag the words Director, Office of Inspection specified in paragraph (b) of this as provided in this subpart, a report of and Enforcement and add in their place section, an order may be issued each suspected violation of this subpart, the words Deputy Executive Director imposing the civil penalty in the amount or any questionable use of the NRC seal for Regional Operations; and in set forth in the notice of violation or flag, should be submitted to the paragraphs (b) and (c), remove the described in paragraph (a) of this Secretary of the Commission. words Director, Office of Inspection section.

and Enforcement and add in their place (d) If the person charged with The following amendments are also violation files an answer to the notice of being made to other parts of the the words Deputy Executive Director for Regional Operations or the Deputys violation, the Deputy Executive Director regulations in this chapter. for Regional Operations, or the Deputys designee.

designee, upon consideration of the PART 0 C O N D U C T OF EMPLOYEES § 2.202 [Amended] answer, will issue an order dismissing

2. The authority citation for Part 0 9. In § 2.202, paragraph (a) the proceeding or imposing, mitigating, continues to read as follows: introductory text, remove the words, or remitting the civil penalty. The person Authority: Sec. 161, 68 Stat. 948, as Director, Office of Inspection and charged may, within twenty (20) days of amended (42 U.S.C. 2201); sea 201, 88 Stat. Enforcement" and add in their place the the date of the order or other time 1242, as amended (42 U.S.C. 5841). words Deputy Executive Director for specified in the order, request a hearing.

Regional Operations, or the Deputys * * * * *

3. in § 0.735-3, the introductory text off designee; and add to the words Office paragraph (e) and paragraphs (e)(1) and (g) The Deputy Executive Director for of Administration the words and Regional Operations, or the Deputys (f) are revised to read as follows: Resources Management; and in designee, as appropriate may

§ 0.735-3 Responsibilities and authorities. paragraph (f), remove the words compromise any civil penalty, subject to

• * * *

• Director, Office and Inspection and the provisions of § 2.203.

(e) The Director, Office of Personnel Enforcement and add in their place the (h) If the civil penalty is not (1) Provides a copy of this part to each words Deputy Executive Director for compromised, or is not remitted by the employee and special Government Regional Operations or the Deputys Deputy Executive Director for Regional employee, and to each new employee at designee". Operations, or the Deputys designee, as the time of his or her entrance on duty. 10. In § 2.205, paragraphs (a), (c), (d), appropriate, the presiding officer, or the

• * * * * (g), (h), and (i) are revised to read as Commission, and if payment is not made follows: within ten (10) days following either the (f) The Director, Office of Personnel, assumes the responsibilities assigned in service of the order described in

§ 2.205 Civil penalties.

§§ 0.735-28(b) and 0.735-49. paragraph (c) or (f) of this section, or the (a) Before instituting any proceeding expiration of the time for requesting a to impose a civil penalty under section hearing described in paragraph (d) of

§0.735-28 [Amended]

234 of the Act, the Deputy Executive this section, the Deputy Executive Director for Regional Operations, or the Director for Regional Operations, or the

4. In § 0.735-28, paragraph (a)(2), after Deputys designee, as appropriate, shall the words Office of Administration Deputys designee, as appropriate, may serve a written notice of violation upon refer the matter to the Attorney General add the words and Resources the person charged. This notice may be Management, and in paragraph (b), for collection.

included in a notice issued pursuant to (i) Except when payment is made after remove the words Office of § 2.201. The notice of violation shall Administration and add in their place compromise or mitigation by the specify the date or dates, facts, and the Department of Justice or as ordered by a the words Office of Personnel". nature of the alleged act or omission court of the United States, following

§0.735-49 [Amended] with which the person is charged, and reference of the matter to the Attorney shall indentify specifically the particular General for collection, payment of civil

5. In § 0.735-49, paragraph (a), remove provision or provisions of the law, rule, the words The Director, Office of penalties imposed under section 234 of regulation, license, permit, or cease an the Act shall be made by check, draft, or Administration, and add in their place desist order involved in the alleged money order payable to the Treasurer of the words The Director, Office of violation and must state the amount of Personnel. the United States, and mailed to the each proposed penalty. The notice of Director, Office of Enforcement.

PART 2 RULES OF PRACTICE FOR violation shall also advise the person 11. In § 2.206, paragraphs (a) and (b)

DOMESTIC LICENSING PROCEEDINGS charged that the civil penalty may be are revised to read as follows:

paid in the amount specified therein, or

6. The authority citation for Part 2 the proposed imposition of the civil § 2.206 Requests for action under this continues to read as follows: penalty may be protested in its entirety subpart Authority: Sec. 161,68 Stat. 948, as or in part, by a written answer, either (a) Any person may file a request to amended (42 U.S.C. 2201); sec. 201, 88 Stat. denying the violation or showing institute a proceeding pursuant to 1242, as amended (42 U.S.C. 5841). extenuating circumstances. The notice § 2.202 to modify, suspend, or revoke a of violation shall advise the person license, or for such other action as may

§ 2.101 [Amended] charged that upon failure to pay a civil be proper. Such a request shall be

7. In § 2.101, paragraphs (c)(3) and penalty subsequently determined by the addressed to the Executive Director for (e)(1), remove the words Antitrust and Commission, if any, unless Operations and shall be filed either (1)

Economic Anlysis Branch, and add in compromised, remitted, or mitigated, be by delivery to the Public Document their place the words Policy collected by civil action, pursuant to Room at 1717 H Street, NW.,

Development and Technical Support section 234c of the Act. Washington, DC, or (2) by mail or

• * * *

• telegram addessed to the Executive Branch.

43419 Rules and Regulations Federal Register Voi. 53, No. 208 Thursday, October 27, 1988 This section of the FEDERAL REGISTER In addition, these amendments reflect add in their place the words 2120 L contains regulatory documents having a change to the name of an Street NW.,.

general applicability and legal effect, most organizational unit that has changed of which are keyed to and codified in since the final rule revising the NRCs § 1.5 [Amended]

the Code of Federal Regulations, which is 3. In § 1.5, in the introductory text of published under 50 titles pursuant to 44 Statement of Organization and General U.S.C. 1510. Information was published in the paragraph (a), remove the words 1717 The Code of Federal Regulations is sold Federal Register on August 21,1987 (52 H Street NW., and add in their place by the Superintendent of Documents. FR 31601), to reflect the reorganization the words 2120 L Street NW., and Prices of new books are listed in the of the agency. remove paragraph (a)(5) and redesignate first FEDERAL REGISTER issue of each Because these amendments deal paragraphs (a)(6) through (a)(10) as week. solely with the organization and paragraphs (a)(5) through (a)(9).

relocation of agency personnel, the notice and comment provisions of the PART 2RULES OF PRACTICE FOR NUCLEAR REGULATORY DOMESTIC LICENSING PROCEEDINGS COMMISSION Administrative Procedure Act do not apply under 5 U.S.C. 553(b)(A). These 4. The authority citation for Part 2 10 CFR Parts 1, 2 ,7 , 9 ,1 5 ,1 9 , 20, 21, amendments are effective upon continues to read as follows:

30, 35, 40, 50, 51, 53, 5 5,60,61, 70, 71, publication in the Federal Register.

Good cause exists to dispense with the Authority: Sec. 161, 68 Stat. 948, as 72, 73, 74, 75, 81, 100, 110, 140, 150, usual 30-day delay in the effective date, amended (42 U.S.C. 2201); sec. 201, 88 Stat.

170 and 171 1242, as amended (42 U.S.C. 5841).

because these amendments are of a Relocation of NRCs Public Document minor and administrative nature, § 2.4 [Amended]

Room; Other Minor Nomenclature dealing with the organization and 5. In § 2.4, in paragraph, (k), remove Changes relocation of agency personnel. the words "1717 H Street NW.," and add AGENCY: Nuclear Regulatory Environmental Impact: Categorical in their place the words 2120 L Street Commission. Exclusion NW.,.

a c t i o n : Final rule. The NRC has determined that this § 2.101 [Amended]

final rule is the type of action described 6. In § 2.101, in paragraphs (a)(2) and

SUMMARY

The Nuclear Regulatory in categorical exclusion 10 CFR Commission (NRC) is amending its (g)(1), remove the words 1717 H Street 51.22(c)(2). Therefore, neither an NW.," and add in their place the words regulations to indicate that its Public environmental impact statement nor an Document Room has moved to a new 2120 L Street NW.,.

environmental assessment has been location in the District of Columbia. The prepared for this final rule. § 2.206 [Amended]

hours remain unchanged: 7:45 a.m. to 4:15 p.m. weekdays. These amendments Paperwork Reduction Act Statement 7. In § 2.206, in paragraph (a)(1),

are being made to inform NRC licensees remove the words 1717 H Street, NW.,

This final rule contains no information and add in their place the words 2120 L and members of the public of this collection requirements and therefore is relocation. This rule also makes minor Street NW.,.

not subject to the requirements of the nomenclature changes in NRC Paperwork Reduction Act of 1980 (44 § 2.701 [Amended]

organization to reflect new internal U.S.C. 3501 et seq.).

organizational titles. 8. In § 2.701, in paragraph (a)(1),

For the reasons set out in the remove the words 1717 H Street, NW.,

EFFECTIVE DATE: October 27,1988. preamble and under the authority of the and add in their place the words 2120 L FOR FURTHER IN FO RM A TIO N CONTACT: Atomic Energy Act of 1954, as amended, Street NW.,".

Donnie H. Grimsley, Director, Division the Energy Reorganization Act of 1974, of Freedom of Information and as amended, and 5 U.S.C. 553, the NRC § 2.802 [Amended]

Publications Services, Office of is adopting the following amendments to 9. In § 2.802, in paragraph (g), remove Administration and Resources 10 CFR Parts 1, 2, 7, 9, 15,19, 20, 21, 30, the words 1717 H Street, NW., and Management, U.S. Nuclear Regulatory 35, 40, 50, 51, 53, 55, 60, 61, 70, 71, 72, 73, add in their place the words 2120 L Commission, Washington, DC 20555, 74, 75, 81,100,110,140,150,170 and 171. Street NW.,.

Telephone: 301-492-7211; SUPPLEMENTARY INFO RM A TIO N : On PART 1-STATEMENT OF PART 7ADVISORY COMMITTEES September 9,1988 (53 FR 35135), the ORGANIZATION AND GENERAL INFORMATION 10. The authority citation for Part 7 NRC published in the Federal Register a continues to read as follows:

general notice announcing that as of 1. The authority citation for Part 1 September 19,1988, the NRCs Public Authority: Sec. 161, 68 Stat. 948, as continues to read as follows: amended (42 U.S.C. 2201); sec. 201, 88 Stat.

Document Room, formerly located in the 1242, as amended (42 U.S.C. 5841).

Matomic Building at 1717 H Street NW., Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.

Washington, DC, will be relocated at the 1242, as amended (42 U.S.C. 5841). §7.17 [Amended]

Gelman Building, 2120 L Street NW., 11. In § 7.17, in paragraph (a), remove Lower Level, Washington, DC, 20555. § 1.3 [A m e n d e d ]

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

48942 Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations PART 729PEANUTS NUCLEAR REGULATORY electronically through the Electronic COMMISSION Reading Room on the NRC Internet Web

1. The authority citation for 7 CFR site, imaged copies of its newly received part 729 continues to read as follows: 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, and created publicly available official 62, 72, 75, 76, 100, and 110 records that are in paper form. However, Authority: 7 U.S.C. 1301, 1357 et seq.,

RIN 3150-AG07 ultimately, NRCs newly created official 1372, 1373, 1375, and 7271.

records will all be stored in ADAMS

2. Section 729.216 paragraph (c) is Electronic Availability of NRC Public only in electronic form, and NRC will revised to read as follows: Records and Ending of NRC Local maintain only its pre-ADAMS records as Public Document Room Program paper copies. Because of budget

§ 729.216 National poundage quota. constraints and the improved access to

• * * *

• AGENCY: Nuclear Regulatory newly received and created records via Commission. the NRC Web site under ADAMS, the (c) Quota determination for individual Commission decided to discontinue ACTION: Final rule.

marketing years (excluding seed): funding of the LPDR program beyond (1) The national poundage quota for

SUMMARY

The Nuclear Regulatory Fiscal Year 1999.

quota peanuts for marketing year 1996 Commission (NRC) is amending its The NRC currently maintains 86 is 1,100,000 short tons. regulations to reflect a change in the LPDRs in the vicinity of nuclear reactor way its records are made available to the and materials licensees: 72 support (2) The national poundage quota for public. The amendments reflect the power reactors; 2 support gaseous quota peanuts for marketing year 1997 NRCs decision to implement a new diffusion plants; 3 support high-level is 1,133,000 short tons. document management system that will waste repositories; and the remaining 9 (3) The national poundage quota for permit the electronic storage, retrieval, support fuel-cycle, low-level waste, and quota peanuts for marketing year 1998 and on-line ordering of publicly other facilities. A survey of the facilities is 1,167,000 short tons. available NRC official records through where LPDRs are currently located the NRC Web site. revealed that all but six now provide, or PART 1446PEANUTS EFFECTIVE DATE: October 12, 1999. will provide Internet access to its FOR FURTHER INFORMATION CONTACT: patrons by the end of 1999.

3. The authority citation for 7 CFR Additionally, although NRC plans to Russell A. Powell, Chief, Information part 1446 continues to read as follows: discontinue the LPDR program, it has Services Branch, Information Authority: 7 U.S.C. 7271, 15 U.S.C. 714b Management Division, Office of the offered each of the current LPDR and 714c. Chief Information Officer, U.S. Nuclear libraries the opportunity to keep their Regulatory Commission, Washington, current LPDR document collections so

4. Section 1446.310 is amended by DC 20555-0001, telephone (301) 415- the pre-ADAMS LPDR collections can adding new paragraph (c) to read as 6527, email: RAP1@nrc.gov. continue to be available in the local follows: communities. Of the 86 current LPDRs, SUPPLEMENTARY INFORMATION:

64 have expressed an interest in

§ 1446.310 Additional peanut support The Nuclear Regulatory Commission maintaining their current LPDR levels. (NRC) is amending its regulations to document collections after the LPDR

• * * *

• reflect the use of a new electronic record program is discontinued. The decision keeping system for NRC records. The to accept this offer to transfer ownership (c ) The national support rate for NRC is establishing the Agencywide additional peanuts for the 1998 crop is of these collections and the length of Documents Access and Management time they will be maintained will be at

$175 per short ton. System (ADAMS) to provide for the the sole discretion of each library.

5. Section 1446.311 is amended by electronic submission, storage, and In addition, the Government Printing adding new paragraph (c) to read as retrieval of NRC official records. When Office (GPO) has agreed to accept the follows: ADAMS becomes operational, any NRC LPDR microfiche collections that were official records that are normally not kept by the current LPDR libraries.

§ 1446.311 Minimum CCC sales price for publicly available under the GPO will place these collections in their certain peanuts. Commissions regulations will be Federal Depository Library Program (c) The minimum CCC sales price for available electronically through (FDLP). This assures the continuation of additional peanuts to be sold from the ADAMS. The regulations governing at least one LPDR microfiche collection price support loan inventory for export which records are publicly available are in each of the states which now has one.

unaffected by this final rule. Publicly ADAMS will provide the following edible use from the 1998 and available records will be accessible added benefits that should preclude or subsequent crops is $400 per short ton.

electronically from the ADAMS Public minimize any public concerns regarding Signed at Washington, DC, on August 31, Library component on the NRC Web the impact from discontinuing the LPDR 1999. site, http://www.nrc.gov (the Electronic program:

Keith Kelly, Reading Room). 1. ADAMS Internet access will Administrator, Farm Service Agency and When ADAMS becomes operational, provide access to new records in full Executive Vice President, Commodity Credit NRC will discontinue furnishing paper text and image.

Corporation. and microfiche copies of its publicly 2. ADAMS will provide an improved

[FR Doc. 99-23377 Filed 9-8-99; 8:45 am] available records to the NRC Public electronic search capability. Under the BILLING CODE 3410-05-P Document Room (PDR), located in existing system, only the bibliographic Washington, DC, and the Local Public indexes and abstracts for most records Document Rooms (LPDRs), located near are available from the online BRS and nuclear power plants and other nuclear NUDOCS.

facilities. Under ADAMS, NRC will 3. Some new records will be available initially begin making available to the public within days instead of the

Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations 48943 two weeks or longer it now takes for 2. Connecticut Yankee Atomic Power requirement that facilities where LPDRs LPDRs to receive microfiche or paper Company (CYAPCO), Dated May 20, are currently located provide Internet copies of new accessions. 1999 access.

4. Internet public access to the NRC Comment: CYAPCO fully supports the Comment: Whose responsibility is it NRCs initiative to implement a new to provide and maintain such access?

Web site will provide direct access to a document management system that Response: The decision as to whether much broader range of the public than would permit the electronic storage, or not an LPDR or any other public or just to those who, because of their close educational library provides and/or proximity, have access to the PDR and retrieval, and on-line ordering of publicly available NRC official records maintains Internet access is not within LPDRs. NRCs jurisdiction. However, under the through the NRC Web site.

The NRC PDR will still have pre- Response: NRC considers this Telecommunications Act of 1996, the ADAMS paper and microfiche records comment supportive of the rule and it Federal government is supporting on site and available to the public for requires no further response. Internet access from public libraries and viewing and copying. The PDR will also Comment: CYAPCO also supports schools through fees collected under have computer terminals available for expanded use of ADAMS for electronic regulations issued by the Federal the public to access new documents on licensee submittals and agency Communications Commission.

the NRC Web site. The public will still documents for docketed Likewise, many States have programs be able to obtain paper copies of new correspondence. supporting Internet access from public electronic records by printing them from Response: NRC considers this libraries.

the NRC Internet Web site, by ordering comment supportive of the rule and it Comment: Has it been determined them for a fee from the PDR directly requires no further response. that such Internet access is Y2K from the NRC Web site, or by using compliant? If not, when will Y2K

3. State of Illinois, Department of compliance be determined?

current ordering methods. The current Nuclear Safety (IDNS), Dated May 27, Response: NRC has no jurisdiction methods are: in-person at the PDR, mail, 1999 over Internet access at any of its current e-mail, fax or by calling the PDR Reference Services on the toll-free 800 Comment: IDNS supports the LPDR library facilities, including telephone number. Bibliographic expanded availability of NRC records whether or not such access is Y2K descriptions of documents currently through the NRC Web site. This should compliant.

identified in the PDRs Bibliographic facilitate greater public access to the

4. Lynn Connor, Portland, Oregon, Retrieval System (BRS) and in NUDOCS records and cost savings to NRC.

Dated June 15, 1999 will be posted on the NRC Web site. Response: NRC considers this comment supportive of the rule and it Comment: I believe it is impossible to This will also allow the public to order requires no further response. provide any meaningful comment on a copies of pre-ADAMS paper and Comment: Will documents relating to system that is not yet operational and microfiche records. The public will also Part 30 and Part 40 licenses be available for which there is very little public have access to the NRC Web site from on the NRCs Web site? information available on how it will any computer with Internet access, and Response: Yes, publicly available work.

will be able to download the records to Response: NRC acknowledges this documents received or created after the the computer they are using for printing comment and believes that sufficient implementation of ADAMS, relating to or other supported functions. part 30 and part 40 licenses will be information has been provided Public Comment Summary available on the NRCs Web site. regarding the planned operation of the Documents prior to the implementation new system.

The NRC published a proposed rule of ADAMS, will not routinely be placed on May 7, 1999, (64 FR 24531). In 5. Sarah M. Fields, Moab, Utah, Dated into the ADAMS system, but they can be response, the NRC received ten June 21, 1999 identified from the legacy systems comments from the public. The indexes available online in the ADAMS Comment: The NRC should maintain comments are addressed individually Electronic Reading Room and ordered at least one LPDR in each state that below: from the PDR; or, if convenient, can be currently has an LPDR.

accessed on the microfiche at one of the Response: Of the 73 LPDRs that have

1. Martha Dibblee, Received via Email microfiche, 54 have agreed to keep their libraries that has retained the LPDR May 14, 1999 collections and the remaining 19 will be record collection. Those libraries and their locations will be identified on the transferred to the GPO Federal Comment: If you eliminate the public NRC Web site. Depository Library Program, assuring document room and put it on the Comment: NRC, not licensees, will be the continuation of at least one LPDR Internet (which I believe is a wonderful responsible for imaging paper copies collection in each of the states which idea since I use the Internet) the rule or into electronic form. Is this correct? now has one. The libraries that an appendix should include a list of How will NRC handle oversize currently house the collections to be public libraries in the U.S.

documents? relocated will receive the final Response: The Public Document Response: Yes, NRC will be shipments of microfiche from the Room (PDR), in Washington, DC, is not responsible for imaging paper copies if current document management system, being eliminated. The Local Public licensees do not submit documents in making the collections complete before Document Room (LPDR) program, electronic form, including oversized any transfers. The LPDRs that have supporting document collections set up documents. opted to keep their collections have in libraries near nuclear facilities, is Comment: Is there a legal requirement been asked to contact the GPO first being discontinued. However, most of that facilities, where LPDRs are before making any disposition decisions those libraries are retaining their currently located, provide Internet if they change their mind and no longer collections. A list of public libraries in access? wish to maintain their collections.

the U.S. should be available at any Response: No, NRC has no authority Comment: The NRC should facilitate public library as well as on the Internet. to do so and has never established any 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 7. Licensing Support Services, Dated to those records less accessible to those its collection to an appropriate library June 18, 1999 for whom they were conveniently near the site of uranium mills which Comment: It is prudent to try out a located before the move. Overall, public have operated under license to the AEC new system first, to debut it and verify access to the NRC Web site via the and/or the NRC. that it can accomplish what is intended, Internet will provide direct access to a Response: See response to previous before abandoning the tried-and-true much broader range of the public than comment. method it is to replace. just to those few who, because of their Comment: The NRC should establish Response: The NRCs current close proximity, have had convenient a priority list for the transfer of LPDR document management system, access to the PDR and LPDRs. The collections to mill site areas. First on the NUDOCS, was not Y2K compliant. A public can now use any access to the list should be the Grants and Gallup decision had to be made whether to Internet to access NRC publicly areas of New Mexico, Wyoming, and expend funds to keep that system available documents, whether it be from southeastern Utah. operating after ADAMS. The NRC a public, college, or university library, Response: The first priority that NRC determined that it was not economically their place of business, or their home established was to allow current LPDR feasible to keep NUDOCS operational. using their own personal computer.

libraries to keep the collections they Comment: The likelihood of a delay These changes to NRC regulations only now have. The next priority was to in implementing ADAMS, combined affect the way records are made transfer any microfiche collections that with the end of support for LPDRs at the available to the public by formally LPDR libraries did not elect to keep to beginning of FY00, makes it very likely discontinuing the LPDR program and the GPO for placement in their Federal that public access to information will be making the Web the main avenue for Depository Library Program (FDLP) in, interrupted for a time. public access. No other changes have at minimum, each of the states which Response: ADAMS should begin been made or addressed.

now has an LPDR microfiche collection. providing public access to documents Comment: Has NRC done an The NRC currently maintains an LPDR effective October 1999. Public access to assessment of the use of the LPDRs and in the Grants and Gallup areas of New information is not expected to be how do members of the public feel Mexico, located at the Dine College, interrupted. As previously described, about NRCs plans?

Crownepoint, New Mexico. An LPDR most of the current LPDRs that have Response: Over the years, NRC has also exits in the state of Utah at the microfiche have agreed to keep their received quarterly reports of public Marriott Library, University of Utah, collections and the remaining ones will usage of the LPDRs and found use at Salt Lake City. Both of those libraries be transferred to the GPO Federal many of them to be minimal. Based on have elected to keep their collections. Depository Library Program. Should the limited number of comments in There is not currently an LPDR in the ADAMS implementation be delayed, response to the proposed rule and other state of Wyoming. NRC would continue with the current miscellaneous responses in direct The change will not lessen the process until the new system is in place. conversations with LPDR librarians, the publics accessibility to NRC Comment: LSS is concerned that the current PDR and LPDR users welcome information, except to those few who, volume of material, and the practical the new system which promises to because of their close proximity, have needs of preparing it for web provide much broader and easier access had convenient access to the PDR and availability, will make it difficult or than currently available.

LPDRs prior to relocation of an LPDR. impossible to fulfill the promise made Comment: Should users be forced to Overall, public access to the NRC Web in the proposed rule. pay a fee to access NRC documents?

site via the Internet will provide direct Response: Currently, documents to be access to a much broader range of the Response: Libraries do not charge posted to the Web site have to first be public than just those few for whom their patrons to view on the Internet, but coded in hypertext markup language.

they were conveniently located before as with paper copies, charges may be This process can take several days.

the move. The public can now use any made for printing. Users now pay fees However, ADAMS is not currently being access to the Internet to access NRC for copies of documents whether they used for the posting of documents to the publicly available documents, whether obtain them from the PDR or the LPDR.

web. ADAMS does not require coding to it be from a public, college, or university Under ADAMS, many users will be able post to the Web and, when it becomes library, their place of business, or their to obtain documents at no cost via their operational, the only delays in release home using their own personal home computers by downloading to a will be those which the NRC staff computer. disk or printing a document. However, purposely establishes to preclude just as they do now, the public can still

6. Nuclear Energy Institute (NEI), Dated premature releases to the public.

order documents from the PDR for a fee.

June 21, 1999 8. Unsigned and Undated, Received Comment: The NRC needs a customer Comment: NEI commends the NRC on June 24, 1999 feedback process to ensure that publics its initiative to make its records Comment: The commenter provides comments are obtained and acted upon available electronically. The availability various comments regarding concerns or during the transition period.

of NRC records via an electronic format dissatisfaction with the current status of Response: NRC is very much aware of will provide broader, more timely public accessibility to records and the need for public feedback to resolve access of this information to all of the interest in expansion of the current problems that are certain to be NRCs stakeholders. Furthermore, the LPDR system. encountered in this major transition.

cost savings that will be realized Response: The proposed rule The PDR will continue to serve as the through the elimination of the Local announced the change in the way the public interface to assist the public in Public Document Room (LPDRs) will be NRC will provide publicly available obtaining timely and full access to beneficial to all stakeholders. information. The change will not lessen NRCs publicly available information Response: NRC considers this the accessibility to NRC information, and the ADAMS Web site will provide comment supportive of the rule and it except perhaps in a few instances where information and a means for the public requires no further response. LPDRs relocate, thereby making access to ask questions and provide comments.

Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations 48945 Comment: Will NRC fund and ADAMS may be placed in ADAMS on Because records will be released maintain and upgrade the computer a selective basis. electronically to the public rather than terminals, software, and printers in Comment: The NRC should in paper or microfiche, this rule amends LPDRs? implement controls to ensure that the the regulations in 10 CFR Parts 1, 2, 7, Response: No. The NRC is document processing contractor is 9, 50, 51, 52, 60, 62, 72, 75, 76, 100, and discontinuing its LPDR program and properly qualified to classify externally 110 to reflect the manner in which these will no longer be funding libraries that generated documents. records would be made publicly keep those collections. Response: The NRC document available.

Comment: If NRC is replacing the processing contractor is the same To reflect the discontinuance of NRC LPDR with the Internet why cant those contractor that processed documents support of libraries serving as LPDRs, records made available through NTIS under the NUDOCS system and will be references to NRC LPDRs will be deleted also be made available through the qualified to classify those documents it in 10 CFR 2.1231(a)(1)(ii), and (b); 9.35 Internet? processes under ADAMS. The (b) and (e); 50.30(a)(5); part 50 Response: Records made available document processing contractor Appendix Q, section 4; 51.120; part 52, through NTIS will be available through determines the public availability of Appendix O, section 5; part 52, the Internet in ADAMS. documents only for certain documents Appendix Q, section 4, and 76.37(a).

Comment: Shouldnt NRC build a using pre-determined criteria. All others In addition, several other minor relational information system such that are made publicly available by staff conforming changes will be made. The a member of the public can locate all review of the documents and definition of the PDR in 10 CFR 2.4, NRC and licensee information, instructions to the document processing 60.2, and 110.2 is now in a new including upcoming meetings about a contractor or by the staff processing paragraph and will be revised to reflect specific licensee? them directly into ADAMS. that records newly created or received Response: The PDR staff has been Comment: The NRC should include since the implementation of ADAMS assigned primary responsibility for the an advance copy public library in the that are publicly available are now design of the organizational scheme for ADAMS architecture. available in the PDR in electronic form ADAMS to ensure that the transition Response: There will not be a need for for inspection and copying, and that from the current systems (BRS and an advance copy public library, since copies can be ordered from the PDR. A NUDOCS) for locating documents to once a document is marked to be new paragraph will define the NRC Web ADAMS will be as easy as possible for released to the public, the release is site as the Internet location where NRC the public. made. There will not be any backlog of records are made available for public unprocessed documents in this inspection and copying and that the

9. Winston & Strawn, Dated June 23, public can also order copies of 1999 document management system.

documents from the PDR through the Comment: Given the magnitude and 10. Gerry C. Slagis, Pleasant Hill, CA, NRC Web site.

volume of official record material Dated June 23, 1999 Section 9.2(a) will be revised to delete created and received by the Agency, we Comment: I applaud the use of the reference to the availability of urge that a similar organizational ADAMS to make NRC official records records on 48x microfiche through the scheme be adopted for the ADAMS to available to the public. However, I am National Technical Information Service help facilitate the public access to against the shutting down of the LPDR (NTIS). When NRC begins making its documents by docket number, reference program beyond Fiscal Year 1999. The records available from the NRC Web group, or subject area. problem is public access to the NRC site, microfiche copies will no longer be Response: See the previous response. official records prior to ADAMS. A produced. The address for the NTIS and Comment: We recommend that the person needs to be able to view the a statement that certain listed ADAMS or the PDR accommodate the documents before copying certain pages documents can be ordered from the public availability of records that are or ordering the entire document. NTIS will be added to 9.21(a). Section not suitable for electronic dissemination Response: Although the NRC is going 9.21(d) will be deleted because the (e.g. video tapes, audio tapes, etc.). to discontinue the LPDR program at the publication Title List of Documents Response: The NRC will end of September 1999, documents Made Publicly Available, NUREG-0540, accommodate the public availability of issued prior to ADAMS implementation will no longer be published. Section records that are not suitable for will still be accessible to the public. 9.21(e) will be revised to show that only electronic dissemination. Documents published or issued before the published versions of final opinions Comment: Will imaged records in the the implementation of ADAMS, will not and orders, referred to in 9.2(c)(1), are ADAMS include the official NRC routinely be placed into the ADAMS available from the NTIS in the watermark and signature? system. However, these documents can publication, Nuclear Regulatory Response: The electronic copy of be identified from the legacy systems Issuances (NUREG-0750). The reference documents in ADAMS will show a (BRS and NUDOCS) indexes available to interpretations in 9.21(c)(2) will be signature (and watermark if it is present online in the ADAMS Electronic deleted because they are not available and visible enough to be imaged) just as Reading Room and ordered from the from NTIS.

is currently available in the microfiche PDR; or, if convenient, can be accessed Section 9.23(a)(2) will be deleted and photocopies of paper records. on the microfiche at one of the libraries because it repeats information included Comment: We believe that all that has retained the LPDR record in the revised 9.21(a). Section 51.123(a)

NUREGs should be available on collection. Most of the LPDRs are and (b) will be revised to reflect the ADAMS. keeping their microfiche collections. correct address where requests for draft Response: All publicly available Therefore, most of the public who have environmental impact statements and NUREGs published after the access to an LPDR now will continue to draft findings of no significant hazard implementation of ADAMS will be have access after ADAMS is operational. can be submitted.

available in ADAMS. NUREGs Those libraries and their locations will Changes are made in several sections published before the implementation of be identified on the NRC Web site. 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 it has offered each of the current LPDR 10 CFR Part 9 corrections are made. libraries the opportunity to keep their current LPDR document collections so Criminal penalties, Freedom of National Technology Transfer and Information, Privacy, Reporting and the pre-ADAMS LPDR collections can Advancement Act recordkeeping requirements, Sunshine continue to be available in the local The National Technology Transfer communities. Of the 86 current LPDRs, Act.

and Advancement Act of 1995, Pub. L. 64 have expressed an interest in 10 CFR Part 50 104-113, requires that Federal agencies maintaining their current LPDR use technical standards developed or document collections after the LPDR Antitrust, Classified information, adopted by voluntary consensus program is discontinued. This Criminal penalties, Fire protection, standards bodies unless the use of such constitutes the regulatory analysis for Intergovernmental relations, Nuclear a standard is inconsistent with this rule. power plants and reactors, Radiation applicable law or is otherwise protection, Reactor siting criteria, impractical. There are no industry Regulatory Flexibility Certification Reporting and recordkeeping consensus standards that apply to the As required by the Regulatory requirements.

electronic availability of public records. Flexibility Act of 1980, 5 U.S.C. 605(b),

Thus, the provisions of the Act do not the Commission certifies that this rule 10 CFR Part 51 apply to this rulemaking. does not have a significant economic Administrative practice and impact upon a substantial number of procedure, Environmental impact Environmental ImpactCategorical small entities. The final rule Exclusion statement, Nuclear materials, Nuclear implements a new procedure for making power plants and reactors, Radiation The NRC has determined that this records available to the public. The NRC protection, Reactor siting criteria, final rule is the type of action described believes that the changes will not have Reporting and records.

in categorical exclusion 10 CFR an adverse economic impact on any 51.22(c)(1) and (2). Therefore, neither an class of licensee, including small 10 CFR Part 52 environmental impact statement nor an entities, or the general public. On the environmental assessment has been contrary, the NRC believes that the final Administrative practice and prepared for this final rule. rule provides wider opportunities and procedure, Antitrust, Backfitting, make it easier for interested persons to Combined license, Early site review, Paperwork Reduction Act Statement Emergency planning, Fees, Inspection, obtain or review publicly available NRC This final rule does not contain a new records. Limited work authorization, Nuclear or amended information collection power plants and reactors, Probabilistic requirement subject to the Paperwork Backfit Analysis risk assessment, Prototype, Reactor Reduction Act of 1995 (44 U.S.C. 3501 The NRC has determined that the siting criteria, Redress of site, Reporting et seq.). Existing requirements were backfit rule does not apply to this final and recordkeeping requirements, approved by the Office of Management rule; and therefore, a backfit analysis is Standard design, Standard design and Budget, approval numbers 3150- not required for this final rule because certification.

0043, 3150-0011, 3150-0021, 3150- these amendments do not involve any 10 CFR Part 60 0151, 3150-0127, 3150-0143, 3150- provisions that would impose backfits 0132, 3150-0055, 3150-0093, and 3150- as defined in 10 CFR chapter I. Criminal penalties, High-level waste, 0036. Nuclear power plants and reactors, Small Business Regulatory Enforcement Fairness Act Nuclear materials, Reporting and Public Protection Notification recordkeeping requirements, Waste If a means used to impose an In accordance with the Small treatment and disposal.

information collection does not display Business Regulatory Enforcement a currently valid OMB control number, Fairness Act of 1996, the NRC has 10 CFR Part 62 the NRC may not conduct or sponsor, determined that this action is not a Administrative practice and and a person is not required to respond major rule and has verified this procedure, Denial of access, Emergency to, the information collection. determination with the Office of access to low-level waste disposal, Low-Information and Regulatory Affairs of Regulatory Analysis level radioactive waste, Low-level OMB.

This final rule implements a new NRC radioactive treatment and disposal, procedure for making records available List of Subjects in 10 CFR Low-level waste policy amendments act for public inspection and copying. This of 1985, Nuclear materials, Reporting 10 CFR Part 1 rule does not have any adverse and recordkeeping requirements.

Organization and functions economic impact on any class of (Government agencies). 10 CFR Part 72 licensee or the NRC. To the contrary, the final rule with its new provisions 10 CFR Part 2 Manpower training programs, allowing Internet access from homes, Administrative practice and Intergovernmental relations, Nuclear offices, schools, and public libraries to procedure, Antitrust, Byproduct materials, Nuclear power plants and NRC publicly released records provides material, Classified information, reactors, Reporting and recordkeeping some new and additional benefits to Environmental protection, Nuclear requirements, Security measures.

those seeking access to NRC records. A materials, Nuclear power plants and 10 CFR Part 75 survey of the facilities where LPDRs are reactors, Penalties, Sex discrimination, currently located revealed that all but Source material, Special nuclear Criminal penalties, Intergovernmental six now provide, or will provide, material, Waste treatment and disposal. relations, Nuclear materials, Nuclear Internet access to its patrons by the end power plants and reactors, Reporting of 1999. Additionally, although NRC 10 CFR Part 7 and recordkeeping requirements, plans to discontinue the LPDR program, Advisory committees, Sunshine Act. Security measures.

Federal Register / Vol. 64, No. 174 / Thursday, September 9, 1999 / Rules and Regulations 48947 10 CFR Part 76 Street, NW., Washington, D.C., and at U.S.C. 2239). Subpart M also issued under each of NRCs Regional Offices. sec. 184 (42 U.S.C. 2234) and sec. 189, 68 Certification, Criminal penalties, Stat. 955 (42 U.S.C. 2239). Appendix A also Radiation protection, Reporting and Information may also be obtained from issued under sec. 6, Pub. L.91-560, 84 Stat.

recordkeeping requirements, Security the Office of Public Affairs or from 1473 (42 U.S.C. 2135).

measures, Special nuclear material, Public Affairs Officers at the Regional Offices. In addition, NRC Functional 4. Section 2.4 is amended by adding Uranium enrichment by gaseous the definition of NRC Public Document diffusion. Organization Charts, NUREG-0325, contains detailed descriptions of the Room and NRC Web site to read as 10 CFR Part 100 functional responsibilities of NRCs follows:

Nuclear power plants and reactors, offices. It is revised annually and is § 2.4 Definitions.

Reactor siting criteria. available for public inspection at the NRC Web site, http://www.nrc.gov, and/ NRC Public Document Room means 10 CFR Part 110 or at the NRC Public Document Room, the facility at 2120 L Street, NW, Administrative practice and or for purchase from the Superintendent Washington, DC where certain public procedure, Classified Information, of Documents, US Government Printing records of the NRC that were made Criminal penalties, Export, Import, Office, P.O. Box 37082, Washington, DC available for public inspection in paper Intergovernmental relations, Nuclear 20013-7082; and from the National or microfiche prior to the materials, Nuclear power plants and Technical Information Service, implementation of the NRC Agencywide reactors, Reporting and recordkeeping Springfield, VA 22161. Documents Access and Management requirements, Scientific equipment. * * * *

• System, commonly referred to as For the reasons set out in the ADAMS, will remain available for preamble and under the authority of the PART 2RULES OF PRACTICE FOR public inspection. It is also the place Atomic Energy Act of 1954, as amended; DOMESTIC LICENSING PROCEEDINGS where NRC makes computer terminals the Energy Reorganization Act of 1974, AND ISSUANCE OF ORDERS available to access the Electronic as amended; and 5 U.S.C. 552 and 553; 3. The authority citation for Part 2 Reading Room component of ADAMS the NRC is adopting the following continues to read as follows: on the NRC Web site, http://

amendments to 10 CFR Parts 1, 2, 7, 9, www.nrc.gov, and where copies can be Authority: Secs. 161, 181, 68 Stat. 948, 50, 51, 52, 60, 62, 72, 75, 76, 100 and made or ordered as set forth in § 9.35 of 953, as amended (42 U.S.C. 2201, 2231); sec 110. 191, as amended, Pub. L.87-615, 76 Stat. 409 this chapter. The facility is staffed with (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as reference librarians to assist the public PART 1STATEMENT OF amended (42 U.S.C. 5841); 5 U.S.C. 552. in identifying and locating documents ORGANIZATION AND GENERAL Section 2.101 also issued under secs. 53, and in using the NRC Web site and INFORMATION: 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, ADAMS. The NRC Public Document 933, 935, 936, 937, 938, as amended (42 Room is open from 7:45 am to 4:15 pm,

1. The authority citation for Part 1 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, continues to read as follows: 2135); sec. 114(f), Pub. L.97-425, 96 Stat.

Monday through Friday, except on 2213, as amended (42 U.S.C. 10143(f)). sec. Federal holidays. Reference service and Authority: Secs. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, 102, Pub. L.91-190, 83 Stat. 853, as amended access to documents may also be Pub. L.85-256, 71 Stat. 579, Pub. L. 95- (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 requested by telephone (202-634-3273 209,91 Stat. 1483 (42 U.S.C. 2039); sec. 191, U.S.C. 5871). Sections 2.102, 2.103, 2.104, or 800-397-4209) between 8:30 am and Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241); 2.105, 2.721 also issued under secs. 102, 103, 4:15 pm, or by e-mail (PDR@nrc.gov),

secs. 201, 203, 204, 205, 209, 88 Stat. 1242, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, fax (202-634-3343), or letter (NRC 1244, 1245, 1246, 1248, as amended (42 954, 955, as amended (42 U.S.C. 2132, 2133, Public Document Room, LL-6, U.S.C. 5841, 5843, 5844, 5845, 5849); 5 2134, 2135, 2233, 2239). Section 2.105 also Washington, D.C. 20555-0001).

U.S.C. 552, 553; Reorganization Plan No. 1 of issued under Pub. L.97-415, 96 Stat. 2073 1980, 45 FR 40561, June 16, 1980. (42 U.S.C. 2239). Sections 2.200-2.206 also * * * *

• issued under secs. 161 b, i, o, 182, 186, 234, NRC Web site, http://www.nrc.gov, is

2. In § 1.3, paragraph (a) is revised to 68 Stat. 948-951, 955, 83 Stat. 444, as the Internet uniform resource locator read as follows: amended (42 U.S.C.2201(b), (i), (o), 2236, name for the Internet address of the Web 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. site where NRC will ordinarily make

§ 1.3 Sources of additional information. 5846). Sections 2.205(j) also issued under available its public records for (a) A statement of the NRCs Pub. L. 101-410, 104 Stat. 90, as amended by inspection.

organization, policies, procedures, section 3100(s), Pub. L. 104-134, 110 Stat.

1321-373 (28 U.S.C. 2461 note). Sections * * * *

• assignments of responsibility, and 5. In § 2.101, paragraph (a)(2) is delegations of authority is in the 2.600-2.606 also issued under sec. 102, Pub.

L.91-190, 83 Stat. 853, as amended (42 revised to read as follows:

Nuclear Regulatory Commission U.S.C. 4332). Sections 2.700a, 2.719 also Management Directives System and issued under 5 U.S.C. 554. Sections 2.754,

§ 2.101 Filing of application other NRC issuances, including local 2.760, 2.770, 2.780 also issued under 5 U.S.C. (a) * *

• directives issued by Regional Offices. 557. Section 2.764 also issued under secs. (2) Each application for a license for Letters and memoranda containing 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 a facility or for receipt of waste directives, delegations of authority and (42 U.S.C. 10155,10161). Section 2.790 also radioactive material from other persons the like are also issued from time to issued under sec. 103, 68 Stat. 936, as for the purpose of commercial disposal time and may not yet be incorporated amended (42 U.S.C. 2133) and 5 U.S.C. 552. by the waste disposal licensee will be into the Management Directives System, Sections 2.800 and 2.808 also issued under assigned a docket number. However, to parts of which are revised as necessary. 5 U.S.C. 553. Section 2.809 also issued under allow a determination as to whether an 5 U.S.C. 553 and sec. 29, Pub. L.85-256, 71 Copies of the Management Directives Stat. 579, as amended (42 U.S.C. 2039).

application for a construction permit or System and other delegations of Subpart K also issued under sec. 189, 68 Stat. operating license for a production or authority are available for public 955 (42 U.S.C. 2239). Sec. 134, Pub. L. 97- utilization facility is complete and inspection and copying for a fee at the 425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart acceptable for docketing, it will be NRC Public Document Room, 2120 L L also issued under sec. 189, 68 Stat. 955 (42 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 appropriate action in accordance with an official reporter who may be application will be available for public paragraph (b) of this section. designated by the Commission or may inspection at the NRC Web site, http:/ * * * *

• be a regular employee of the

/www.nrc.gov, and/or at the NRC Public 8. In § 2.701, paragraph (a)(1) is Commission. The transcript prepared by Document Room. Generally, the revised to read as follows: the reporter is the sole official transcript determination on acceptability for of the proceeding. Except as limited docketing will be made within a period § 2.701 Filing of documents. pursuant to Sec. 181 of the Act or order of thirty (30) days. However, in selected (a) * *

• of the Commission, the transcript will construction permit applications, the (1) By delivery to the NRC Public be available for inspection at the NRC Commission may decide to determine Document Room at 2120 L Street, NW., Web site, http://www.nrc.gov, and/or at acceptability on the basis of the Washington, DC, or the NRC Public Document Room. Copies technical adequacy of the application as * * * *

• of transcripts are available to parties and well as its completeness. In these cases, 9. In § 2.740, paragraph (b) (1) is to the public from the official reporter the Commission, pursuant to § 2.104(a), revised to read as follows: on payment of the specified charges.

will direct that the notice of hearing be § 2.740 General provisions governing * * * *

• issued as soon as practicable after the discovery. 11. In § 2.790, the introductory text of application has been tendered, and the paragraph (a) and paragraph (c) are

• * * *

• revised to read as follows:

determination of acceptability will be (b) * *

• made generally within a period of sixty (1) In general. Parties may obtain § 2.790 Public inspections, exemptions, (60) days. For docketing and other discovery regarding any matter, not requests for withholding.

requirements for applications pursuant privileged, which is relevant to the (a) Subject to the provisions of to part 61 of this chapter, see paragraph subject matter involved in the paragraphs (b), (d), and (e) of this (g) of this section. proceeding, whether it relates to the section, final NRC records and

• * * *

• claim or defense of any other party, documents, including but not limited to

6. In § 2.110, paragraph (c) is revised including the existence, description, correspondence to and from the NRC to read as follows: nature, custody, condition, and location regarding the issuance, denial, of any books, documents, or other amendment, transfer, renewal,

§ 2.110 Filing and administrative action on tangible things and the identity and submittals for design review or early review modification, suspension, revocation, or of sitesuitability issues.

location of persons having knowledge of violation of a license, permit, or order, any discoverable matter. When any or regarding a rulemaking proceeding

• * * *

• book, document or other tangible thing subject to this part shall not, in the (c) Upon completion of review by the sought is reasonably available from absence of a compelling reason for NRC staff and the ACRS of a submittal another source, such as at the NRC Web nondisclosure after a balancing of the of the type described in paragraph (a)(1) site, http://www.nrc.gov, and/or the interests of the person or agency urging of this section, the Director of the Office NRC Public Document Room, sufficient nondisclosure and the public interest in of Nuclear Reactor Regulation shall response to an interrogatory involving disclosure, be exempt from disclosure publish in the Federal Register a such materials would be the location, and will be made available for determination as to whether or not the the title and a page reference to the inspection and copying at the NRC Web design is acceptable, subject to relevant book, document or tangible site, http://www.nrc.gov, and/or at the conditions as may be appropriate, and thing. In a proceeding on an application NRC Public Document Room, except for shall make available at the NRC Web for a construction permit or an operating matters that are:

site, http://www.nrc.gov, a report that license for a production or utilization * * * *

• analyzes the design. facility, discovery begins only after the (c) If a request for withholding

7. In § 2.206, paragraph (a) is revised prehearing conference provided for in pursuant to paragraph (b) of this section to read as follows: § 2.751a and relates only to those is denied, the Commission will notify matters in controversy which have been an applicant for withholding of the

§ 2.206 Requests for action under this identified by the Commission or the denial with a statement of reasons. The subpart.

presiding officer in the prehearing order notice of denial will specify a time, not (a) Any person may file a request to entered at the conclusion of that less than thirty (30) days after the date institute a proceeding pursuant to prehearing conference. In such a of the notice, when the document will

§ 2.202 to modify, suspend, or revoke a proceeding, no discovery may take place be available at the NRC Web site, http:/

license, or for any other action as may after the beginning of the prehearing /www.nrc.gov. If, within the time be proper. Requests must be addressed conference held pursuant to § 2.752 specified in the notice, the applicant to the Executive Director for Operations except upon leave of the presiding requests withdrawal of the document, and must be filed either by delivery to officer upon good cause shown. It is not the document will not be available at the NRC Public Document Room at 2120 ground for objection that the the NRC Web site, http://www.nrc.gov, L Street, NW, Washington, DC, or by information sought will be inadmissible and will be returned to the applicant:

mail or telegram addressed to the at the hearing if the information sought Provided, that information submitted in Executive Director for Operations, U.S. appears reasonably calculated to lead to a rule making proceeding which Nuclear Regulatory Commission, the discovery of admissible evidence. subsequently forms the basis for the Washington, DC 20555-0001. The * * * *

• final rule will not be withheld from request must specify the action 10. In § 2.750, paragraph (a) is revised public disclosure by the Commission requested and set forth the facts that to read as follows: and will not be returned to the applicant constitute the basis for the request. The after denial of any application for Executive Director for Operations will § 2.750 Official reporter; transcript. withholding submitted in connection refer the request to the Director of the (a) A hearing will be reported under with that information. If a request for NRC office with responsibility for the the supervision of the presiding officer, withholding pursuant to paragraph (b) subject matter of the request for stenographically or by other means, by of this section is granted, the

58792 Federal Register / Vol. 68, No. 197 / Friday, October 10, 2003 / Rules and Regulations NUCLEAR REGULATORY EIE@nrc.gov; or Brenda J. Shelton, (301) contains provisions known as the COMMISSION 415-7233, INFOCOLLECTS@nrc.gov. Government Paperwork Elimination Act SUPPLEMENTARY INFORMATION: (GPEA), Sections 1701 et seq., codified 10 CFR Chapter I at 44 U.S.C. 3504, note. The GPEA I. Background RIN 3150-AH33 II. The Final Rule requires, among other things, that by III. Comments on the Guidance Document October 21, 2003, all Federal agencies Electronic Maintenance and IV. Section-by-Section Analysis provide persons with business before Submission of Information V. Voluntary Consensus Standards that agency the option of electronically VI. Environmental Impact: Categorical maintaining, submitting, or disclosing AGENCY: Nuclear Regulatory Exclusion information where practicable. By Commission. VII. Paperwork Reduction Act Statement that same October 2003 date, the ACTION: Final rule. VIII. Regulatory Analysis agencies must also accept electronic IX. Regulatory Flexibility Certification signatures. The Acts provisions seek to

SUMMARY

The Nuclear Regulatory X. Backfit Analysis XI. Congressional Review take advantage of advances in modern Commission (NRC) is amending its rules technology to lessen the paperwork to clarify when and how licensees and I. Background burden on those who deal with the other members of the public may use Federal government.

electronic means such as CD-ROM and On September 6, 2002, the Nuclear Regulatory Commission (NRC) Well before the passage of the GPEA, e-mail to communicate with the agency. the NRC had taken major steps to These amendments are necessary to published the direct final rule, Electronic Maintenance and increase the use of electronic implement the Government Paperwork communication. For example, many of Elimination Act (GPEA). At the same Submission of Information (RIN 3150-AF61), for comment (67 FR 57084). the agencys regulations on time that the NRC is amending its rules, recordkeeping have long permitted it is also making available guidance on Along with the rule, the NRC also published its draft Guidance for storage in electronic format. After the how to submit documents to the agency GPEA became law, the NRC moved electronically. When this final rule Electronic Submissions to the Commission for comment. quickly to meet the Acts requirements.

becomes effective, this new guidance In June 1999, the agency began testing document, which is appended to this This rulemaking had the simple aim of conforming the NRCs regulations to a system that permitted holders of rule, will supersede earlier guidance on operating licenses for nuclear power electronic submissions. the GPEA by removing from the regulations language that states or reactors, and the vendors that supplied EFFECTIVE DATE: The final rule will them, to make electronic submissions to suggests an unnecessary prohibition of become effective on January 1, 2004. electronic submission of documents to the agency in a secure manner. On ADDRESSES: The final rule and any the agency. Because the NRC believed several occasions, the NRC held public related documents are available on the that this action would not cause meetings with licensees, vendors, and NRCs interactive rulemaking Web site controversy, the NRC initially published others to describe and demonstrate its at http://ruleforum.llnl.gov. For these amendments as a direct final rule. Electronic Information Exchange (EIE) information about the interactive However, the NRC received significant capability.

rulemaking site, contact Ms. Carol adverse comments on both the direct As a result of this pilot program, on Gallagher, (301) 415-5905, final rule and the guidance document January 26, 2001, the NRC issued CAG@nrc.gov. appended to the rule. The NRC, Regulatory Issue Summary (RIS) 2001-Publicly available NRC documents therefore, withdrew the direct final rule 05, Guidance on Submitting related to this final rule can also be on December 4, 2002 (67 FR 72091), and Documents to the NRC by Electronic viewed on public computers in the NRC treated the comments received as Information Exchange or on CD-ROM, Public Document Room (PDR), located comments on the companion proposed which informs all Part 50 applicants at One White Flint North, 11555 rule published concurrently with the and licensees that they have the option Rockville Pike, Rockville, Maryland, direct final rule (67 FR 57120; of submitting documents to the NRC Room O-1 F21. The PDR reproduction September 6, 2002). The comments over the Internet by the EIE process or contractor will make copies of received are addressed in this final rule on CD-ROM under procedures spelled documents for a fee. and guidance. out in the RIS. The RIS does not cover Publicly available documents created The NRC received formal comments electronic submissions under or received at the NRC after November from 19 persons or organizations. The regulations other than those in Part 50.

1, 1999, are also available electronically comments concerned both the rule and However, on August 10, 2001, the at the NRCs Electronic Reading Room at the draft guidance. However, the agency issued a letter to certain fuel http://www.nrc.gov/NRC/reading-rm/ majority of the comments were on the cycle facilities giving them the option of adams.html. From this site, the public guidance document. Although the NRC electronic submissions in many can gain entry into the NRCs is not required to address the comments circumstances.1 Nonetheless, these two Agencywide Documents Access and received on its proposed guidance, the documents do not cover other materials Management System (ADAMS), which NRC believes that it is appropriate to licensees or members of the general provides text and image files of NRCs document the resolution of the public.

public documents. If you do not have comments on the guidance document, II. The Final Rule access to ADAMS or have problems and to do so in this notice, because the accessing the documents located in rule and the guidance are being This rulemaking expands ADAMS, contact the NRC Public published simultaneously and form a participation in electronic submissions Document Room (PDR) reference staff at cohesive package. by affording all licensees, vendors, 1-800-397-4209, 301-415-4737, or by Title XVII of Pub. L. 105-277, the 1 The NPRC has also issued guidance on e-mail to PDR@nrc.gov. Omnibus Consolidated and Emergency managing quality assurance records in electronic FOR FURTHER INFORMATION CONTACT: John Supplemental Appropriations Act of media. See RIS 2000-18, October 23, 2000, A. Skoczlas, (301) 415-7186, 1999, enacted October 21, 1998, available at the NPCs Web site.

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Federal Register / Vol. 68, No. 197 / Friday, October 10, 2003 / Rules and Regulations 58793 applicants, and members of the public has concluded that electronic high-level waste regulations in Part 60, the option, where practicable, of submissions are not yet always and so the requirements for multiple submitting documents to the NRC in an practicable because use of electronic copies have been removed from that electronic format, for example on CD- submission in these other situations can part. For a related discussion of the ROM, by e-mail, or through a special entail disproportionate costs in time, meaning of practicable, see the Web-based interface such as the NRCs labor, and other resources, and beginning of Section III of this notice.

Electronic Information Exchange. sometimes can even delay doing This single copy policy represents a Generally, electronic submission of something that needs to be done major change in the way the NRC does documents to the NRC remains quickly. Since one aim of the GPEA is business, and, as is noted later, the voluntary; paper documents remain an to increase the efficiency of government, agency may have to make exception to acceptable form of submission. when the use of electronic media for the policy when dealing with CD-ROMs The GPEA requires that agencies submission decreases efficiency, the use that contain certain kinds of files. The accept electronic submissions only of electronic media is, at least for the GPEA requires agency compliance by when it is practicable to do so, but the time being, not practicable. October 21, 2003, where practicable.

statute does not define the term Public comments on the proposed The rule and guidance are being practicable. At the very least, it is not rule have led us to make a significant published by that date. However, the practicable for the agency to receive change in what we consider transition to electronic communications electronic submissions unless they are practicable. The proposed rule would will be gradual. The NRC has made in a manner that enables the have continued to require multiple established January 1, 2004, as the agency to receive, read, authenticate, copies of paper submissions (though in effective date of the rule and guidance distribute, process and retrieve a page at reduced numbers), and would, document. It is not practicable to a time, and archive the submissions. moreover, have required the same implement fully the rule and guidance The final regulations in this notice number of copies of documents any sooner. The guidance document has incorporate this general notion of submitted on CD-ROM. However, in been updated to include several new practicable. Although the proposed light of the comments, the NRC has sections on organizing and segmenting rule did not contain this language, we decided to eliminate nearly all files. These new sections will enhance have added it throughout the final rule requirements for multiple copies, and the NRCs capability to produce paper in part to make clear that the agency most of the changes to the proposed rule copies. In the meantime, the delayed cannot as a practical matter accept implement that decision. We say effective date for the rule and guidance electronic communications in every nearly all, because we have retained, will allow additional time for the NRC format that submitters might choose. and made more explicit, the to develop its implementation plan and However, beyond this, the term requirement in Part 63 that the procedures and prepare to meet its acquires meaning only in concrete application for a license for a first-of-a- staffs requirements for on-demand circumstances and moreover tends to kind high-level waste repository at paper and CD-ROM copies. This delay change as those circumstances change Yucca Mountain, Nevada, be submitted will also allow both the NRC staff and because the underlying technology in multiple paper copies. We have not submitters (particularly NRC licensees) changes quickly. Under these wished to introduce new options into a more time to become familiar with the continually changing circumstances, the unique process that has come far guidance and to modify their business NRC does not want to write certain enough to give the probable participants processes (as appropriate) to achieve a technologies into its regulations. reasonably settled expectations about successful transition to the electronic Therefore, the technologically driven how the application will be submitted environment. The existing guidance details of how to make electronic and distributed. Moreover, given the documents on electronic submissions, submissions to the NRC are laid out in technology that is reasonably available Regulatory Issue Summary 2001-05 the guidance document that is to all the probable participants, the (which was directed toward Part 50 appended to this rule. The guidance application is more likely to be licensees and applicants) and the document will be updated as necessary distributed in a timely way if the August 10, 2001, letter (which was to reflect new technology and agency current regulations are adhered to; and, directed toward certain fuel cycle experience. The guidance discusses, facilities) will remain in effect during given the statutory time limit on the among other topics, the formats the NRC the period between the required GPEA length of the licensing proceeding, time is prepared to accept, the use of compliance date (October 21, 2003) and is of the essence.2 However, these same electronic signatures, and the treatment the effective date of this final rule arguments do not apply to possible of nonpublic information. Most of the (January 1, 2004). When this final rule future applications under the generic amendments made by this rule take the takes effect, the new guidance document limited approach of letting readers of 2 For similar reasons, we have revised § 63.22 to will supersede both of the existing the regulations know that the option of require that the license application, any guidance documents on electronic electronic submission is available in amendments to the application, and the submissions.

many cases, and that readers should environmental impact statement and its Few of the NRCs regulations on consult the agencys guidance on supplements for the Yucca Mountain facility be communications explicitly rule out submitted also on optical storage media. In fact, the electronic submissions. Department of Energy has already submitted the electronic communications. Thus, it has The NRC has also used the criterion final environmental impact statement for Yucca not proven difficult to remove of practicability to determine to what Mountain on optical storage media. Moreover, this regulatory text that impedes electronic extent sensitive information could be new requirement in § 63.22 is virtually entailed by communications in circumstances the existing requirement in 10 CFR 2.1013(a)(2) that protected in electronic submissions, the application be docketed in electronic form, and where electronic communications whether such submissions could serve that the Secretary of the Commission determine that would be practicable. In searching our the needs of immediate notification, and the application can be properly accessed under the regulations, we found only one whether the agency was prepared to Commissions rules for the electronic docket in the regulation§ 50.4(c)that explicitly Yucca Mountain proceeding. Indeed, if the make all of its outgoing communications Secretary cannot make such a determination, the required the submission of paper. Many electronic. In each of these cases, as will agency may reject the application as unacceptable of our regulations require written, or be discussed further below, the agency for docketing. See 10 CFR 2.1012(a). written and signed, communications.

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Federal Register / Vol. 68, No. 197 / Friday, October 10, 2003 / Rules and Regulations 58799 2135); sec. 114(f); Pub. L.97-425, 96 Stat. Nuclear Regulatory Commission, 794); sec. 122, Pub. L.95-602, 92 Stat. 2984 2213, as amended (42 U.S.C. 10143(f)); sec. Washington, DC 20555-0001. * * * (29 U.S.C. 706(6)).

102, Pub. L.91-190, 83 Stat. 853, as amended Subpart C also issued under Title III of (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42

• * * *

• Pub. L.94-135, 89 Stat. 728, as amended (42 U.S.C. 5871). Section 2.102, 2.103, 2.104, 3. In § 2.802, paragraph (a) and the U.S.C. 6101).

2.105, 2.721 also issued under secs. 102, 103, second sentence of the introductory text Subpart E also issued under 29 U.S.C. 794.

104, 105, 183i, 189, 68 Stat. 936, 937, 938, of paragraph (b) are revised to read as 954, 955, as amended (42 U.S.C. 2132, 2133, follows: 5. Section 4.5 is revised to read as 2134, 2135, 2233, 2239). Section 2.105 also follows:

issued under Pub. L.97-415, 96 Stat. 2073 § 2.802 Petition for rulemaking.

(42 U.S.C. 2239). Sections 2.200-2.206 also § 4.5 Communications and reports.

(a) Any interested person may issued under secs. 161 b, i, o, 182, 186, 234, Except as otherwise indicated, 68 Stat. 948-951, 955, 83 Stat. 444, as petition the Commission to issue, amend or rescind any regulation. The communications and reports relating to amended (42 U.S.C. 2201 (b), (i), (o), 2236, this part may be sent to the NRC by mail 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. petition should be addressed to the 5846). Section 2.205(j) also issued under Pub. Secretary, Attention: Rulemakings and addressed to the U.S. Nuclear L. 101-410, 104 Stat. 90, as amended by Adjudications Staff, and sent either by Regulatory Commission, Washington, section 3100(s), Pub. L. 104-134, 110 Stat. mail addressed to the U.S. Nuclear DC 20555-0001; by hand delivery to the 1321-373 (28 U.S.C. 2461 note). Section Regulatory Commission, Washington, NRCs offices at 11555 Rockville Pike, 2.600-2.606 also issued under sec. 102, Pub. DC 20555-0001; by facsimile; by hand Rockville, Maryland; or, where L.91-190, 83 Stat. 853, as amended (42 delivery to the NRCs offices at 11555 practicable, by electronic submission, U.S.C. 4332). Section 2.700a, 2.719 also for example, via Electronic Information issued under 5 U.S.C. 554. Sections 2.754, Rockville Pike, Rockville, Maryland; or, where practicable, by electronic Exchange, or CD-ROM. Electronic 2.760, 2.770, 2.780 also issued under 5 U.S.C. submissions must be made in a manner 557. Section 2.764 also issued under secs. submission, for example, via Electronic 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 Information Exchange, e-mail, or CD- that enables the NRC to receive, read, (42 U.S.C. 10155, 10161). Section 2.790 also ROM. Electronic submissions must be authenticate, distribute, and archive the issued under sec. 103, 68 Stat. 936, as made in a manner that enables the NRC submission, and process and retrieve it amended (42 U.S.C. 2133) and 5 U.S.C. 552. to receive, read, authenticate, distribute, a single page at a time. Detailed Sections 2.800 and 2.808 also issued under and archive the submission, and process guidance on making electronic 5 U.S.C. 553, Section 2.809 also issued under and retrieve it a single page at a time. submissions can be obtained by visiting 5 U.S.C. 553, and sec. 29, Pub. L.85-256, 71 the NRCs Web site at http://

Stat. 579, as amended (42 U.S.C. 2039).

Detailed guidance on making electronic submissions can be obtained by visiting www.nrc.gov/site-help/eie.html, by Subpart K also issued under sec. 189, 68 Stat. calling (301) 415-6030, by e-mail to 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97- the NRCs Web site at http://

425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart www.nrc.gov/site-help/eie.html, by EIE@nrc.gov, or by writing the Office of L also issued under sec. 189, 68 Stat. 955 (42 calling (301) 415-6030, by e-mail to the Chief Information Officer, U.S.

U.S.C. 2239). Subpart M also issued under EIE@nrc.gov, or by writing the Office of Nuclear Regulatory Commission, sec. 184 (42 U.S.C. 2234) and sec. 189, 68 the Chief Information Officer, U.S. Washington, DC 20555-0001. The Stat. 955 (42 U.S.C. 2239). Appendix A also Nuclear Regulatory Commission, guidance discusses, among other topics, issued under sec. 6, Pub. L.91-560, 84 Stat. Washington, DC 20555-0001. The the formats the NRC can accept, the use 1473 (42 U.S.C. 2135). of electronic signatures, and the guidance discusses, among other topics, the formats the NRC can accept, the use treatment of nonpublic information.

2. In § 2.206, the second sentence of paragraph (a) is removed and three of electronic signatures, and the 6. In § 4.570, paragraph (c) is revised sentences are added in its place to read treatment of nonpublic information. to read as follows:

as follows: (b) * *

• A prospective petitioner

§ 4.570 Compliance procedures.

also may telephone the Rules and

§ 2.206 Requests for action under this Directives Branch on (301) 415-7163, or * * * *

• subpart. toll free on (800) 368-5642, or send e- (c) The Civil Rights Program Manager, (a) * *

• Requests must be addressed mail to NRCREP@nrc.gov. Office of Small Business and Civil to the Secretary of the Commission and * * * *

• Rights, shall be responsible for must be filed either by hand delivery to coordinating implementation of this the NRCs Offices at 11555 Rockville PART 4NONDISCRIMINATION IN section. Complaints should be sent to Pike, Rockville, Maryland; by mail or FEDERALLY ASSISTED PROGRAMS the NRC using an appropriate method telegram addressed to the Secretary, OR ACTIVITIES RECEIVING FEDERAL listed in § 4.5.

U.S. Nuclear Regulatory Commission, FINANCIAL ASSISTANCE FROM THE * * * *

• Washington, DC 20555-0001; or by COMMISSION electronic submission, for example, via PART 9PUBLIC RECORDS facsimile, Electronic Information 4. The authority citation for part 4 is Exchange, e-mail, or CD-ROM. revised to read as follows: 7. The authority citation for part 9 is Electronic submissions must be made in Authority: Sec. 161, 68 Stat. 948, as revised to read as follows:

a manner that enables the NRC to amended (42 U.S.C. 2201); sec. 274, 73 Stat. Authority: Sec. 161, 68 Stat. 948, as receive, read, authenticate, distribute, 688, as amended (42 U.S.C. 2021); sec. 201, amended (42 U.S.C. 2201); sec. 201, 88 Stat.

and archive the submission, and process 88 Stat. 1242, as amended (42 U.S.C. 5841); 1242, as amended (42 U.S.C. 5841); sec. 1704, and retrieve it a single page at a time. sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 112 Stat. 2750 (44 U.S.C. 3504 note).

Detailed guidance on making electronic note). Subpart A also issued under 5 U.S.C. 552; submissions can be obtained by visiting Subpart A also issued under secs. 602-605, 31 U.S.C. 9701; Pub. L.99-570.

Pub. L.88-352, 78 Stat. 252, 253 (42 U.S.C. Subpart B is also issued under 5 U.S.C.

the NRCs Web site at http:// 2000d-1-2000d-4); sec. 401, 88 Stat. 1254 552a.

www.nrc.gov/site-help/eie.html, by (42 U.S.C. 5891). Subpart C also issued under 5 U.S.C. 552b.

calling (301) 415-6030, by e-mail to Subpart B also issued under sec. 504, Pub.

EIE@nrc.gov; or by writing the Office of L.93-112, 87 Stat. 394 (29 U.S.C. 706); sec. 8. Section 9.6 is added to read as the Chief Information Officer, U.S. 119, Pub. L.95-602, 92 Stat. 2984 (29 U.S.C. follows:

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25997 Rules and Regulations Federal Register Vol. 69, No. 91 Tuesday, May 11, 2004 This section of the FEDERAL REGISTER 0001, telephone (301) 415-1639, e-mail 954, 955, as amended (42 U.S.C. 2132, 2133, contains regulatory documents having general GSM@nrc.gov. 2134, 2135, 2233, 2239). Section 2.105 also applicability and legal effect, most of which issued under Pub. L.97-415, 96 Stat. 2073 SUPPLEMENTARY INFORMATION: This are keyed to and codified in the Code of (42 U.S.C. 2239). Sections 2.200-2.206 also document corrects the title, formatting issued under secs. 161 b. i, o, 182, 186, 234, Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. and the unintentional omission of an 68 Stat. 948-951, 955, 83 Stat. 444, as entry in Appendix D to Part 2 that was amended (42 U.S.C. 2201(b), (i), (o), 2236, The Code of Federal Regulations is sold by published as part of the final rule that 2282); sec. 206, 88 Stat. 1246 (42 U.S.C.

the Superintendent of Documents. Prices of amended its rules of practice on January 5846). Section 2.205(j) also issued under Pub.

new books are listed in the first FEDERAL 14, 2004 (69 FR 2182). L. 101-410, 104 Stat. 90, as amended by REGISTER issue of each week. section 3100(s), Pub. L. 104-134, 110 Stat.

List of Subjects in 10 CFR Part 2 1321-373 (28 U.S.C. 2461 note). Subpart C Administrative practice and also issued under sec. 189, 68 Stat. 955 (42 NUCLEAR REGULATORY procedure, Antitrust, Byproduct U.S.C. 2239). Sections 2.600-2.606 also COMMISSION issued under sec. 102, Pub. L.91-190, 83 material, Classified information, Stat. 853, as amended (42 U.S.C. 4332).

Environmental protection, Nuclear Section 2.700a also issued under 5 U.S.C.

10 CFR Part 2 materials, Nuclear power plants and 554. Sections 2.343, 2.346, 2.754, 2.712, also RIN 3150-AG49 reactors, Penalties, Sex discrimination, issued under 5 U.S.C. 557. Section 2.764 also Source material, Special nuclear issued under secs. 135, 141, Pub. L.97-425, Changes to Adjudicatory Process; material, Waste treatment and disposal. 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).

Correction Section 2.790 also issued under sec. 103, 68 PART 2RULES OF PRACTICE FOR Stat. 936, as amended (42 U.S.C. 2133) and AGENCY: Nuclear Regulatory DOMESTIC LICENSING PROCEEDINGS 5 U.S.C. 552. Sections 2.800 and 2.808 also Commission. AND ISSUANCE OF ORDERS issued under 5 U.S.C. 553, Section 2.809 also ACTION: Final rule: correction.

issued under 5 U.S.C. 553, and sec. 29, Pub,

1. The authority citation for part 2 L.85-256, 71 Stat. 579, as amended (42

SUMMARY

This document corrects a continues to read as follows: U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec.

final rule appearing in the Federal Authority: Secs. 161, 181, 68 Stat. 948, 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C.

Register on January 14, 2004 (69 FR 953, as amended (42 U.S.C. 2201, 2231); sec. 10154). Subpart L also issued under sec. 189, 2182) amending the NRCs regulations 191, as amended, Pub. L.87-615, 76 Stat. 409 68 Stat. 955 (42 U.S.C. 2239). Subpart M also concerning its rules of practice for (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as issued under sec. 184 (42. U.S.C. 2234) and adjudications. This action is necessary amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. sec. 189, 68 Stat. 955 (42 U.S.C. 2239).

to correct unintentional errors in the 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Subpart N also issued under sec. 189, 68 Stat.

final rule, including the title of the Section 2.101 also issued under secs. 53, 62, 955 (42 U.S.C. 2239). Appendix A also issued 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933. under sec. 6, Pub. L.91-550, 84 Stat. 1473 Appendix, the omission of an entry in 935, 936, 937, 938, as amended (42 U.S.C.

the table, and the formatting of the table. (42 U.S.C. 2135).

2073, 2092, 2093, 2111, 2133, 2134, 2135);

DATES: Effective Date: February 13, sec. 114(f); Pub. L.97-425, 96 Stat. 2213, as 2. Appendix D to part 2 is corrected to 2004. amended (42 U.S.C. 10143(0); sec. 102, Pub. read as follows:

L 91-190, 83 Stat. 853, as amended (42 FOR FURTHER INFORMATION CONTACT: U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 Appendix D to Part 2Schedule for the Geary S. Mizuno, Office of the General U.S.C. 5871). Section 2.102, 2.103, 2.104, Proceeding on Consideration of Counsel, U.S. Nuclear Regulatory 2.105, 2.321 also issued under secs. 102, 163, Construction Authorization for a High-Commission, Washington, DC 20555- 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 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 safety equivalent to that established regulatory docket or special condition of May, 2004. by the existing airworthiness standards. number and be submitted in duplicate For the Nuclear Regulatory Commission. to the address specified above. All DATES: The effective date of these Michael T. Lesar, communications received on or before special conditions is April 27, 2004.

Federal Register Liaison Officer. Comments must be received on or the closing date for comments will be

[FR Doc. 04-10615 Filed 5-10-04; 8:45 am] before June 10, 2004. considered by the Administrator. The BILLING CODE 7590-01-P ADDRESSES: Comments on these special special conditions may be changed in conditions may be mailed in duplicate light of the comments received. All to: Federal Aviation Administration, comments received will be available in Regional Counsel, ACE-7, Attention: the Rules Docket for examination by DEPARTMENT OF TRANSPORTATION interested persons, both before and after Rules Docket CE206, 901 Locust, Room 506, Kansas City, Missouri 64106; or the closing date for comments. A report Federal Aviation Administration summarizing each substantive public delivered in duplicate to the Regional Counsel at the above address. contact with FAA personnel concerning 14 CFR Part 23 this rulemaking will be filed in the Comments must be marked: CE206.

Comments may be inspected in the docket. Commenters wishing the FAA to

[Docket No. CE206; Special Conditions No.

Rules Docket weekdays, except Federal acknowledge receipt of their comments 23-146-SC]

holidays, between 7:30 a.m. and 4 p.m. submitted in response to this notice Special Conditions: Cessna Aircraft must include a self-addressed, stamped FOR FURTHER INFORMATION CONTACT: Mr. postcard on which the following Company; Cessna Model 182T/T182T Wes Ryan, Federal Aviation Airplane; Installation of Electronic statement is made: Comments to Administration, Aircraft Certification CE206. The postcard will be date Flight Instrument System and the Service, Small Airplane Directorate, Protection of the System From High stamped and returned to the ACE-111, 901 Locust, Room 301, commenter.

Intensity Radiated Fields (HIRF) Kansas City, Missouri, 816-329-4127, AGENCY: Federal Aviation fax 816-329-4090. Background Administration (FAA), DOT. SUPPLEMENTARY INFORMATION: The FAA On April 7, 2003, Cessna Aircraft ACTION: Final special conditions; request has determined that notice and Company applied for an amended type for comments. opportunity for prior public comment certificate for their new Cessna Model hereon are impracticable because these 182T to install a Garmin G1000

SUMMARY

These special conditions are procedures would significantly delay electronic flight instrument system with issued for the Cessna Aircraft Company, issuance of the approval design and a primary flight display on the pilot side Model 182T/T182T airplane. This thus delivery of the affected aircraft. In and a multifunction display in the airplane, as modified by Cessna Aircraft addition, the substance of these special center instrument panel. The Cessna Company, will have a novel or unusual conditions has been subject to the Model 182T is single engine, high wing design feature(s) associated with the public comment process in several prior airplane capable of carrying four installation of a Garmin G1000 instances with no substantive comments passengers.

electronic flight instrument system and received. The FAA therefore finds that The proposed modification the protection of this system from the good cause exists for making these incorporates a novel or unusual design effects of high intensity radiated field special conditions effective upon feature, such as digital avionics (HIRF) environments. The applicable issuance. consisting of an EFIS that may be airworthiness regulations do not contain vulnerable to HIRF external to the adequate or appropriate safety standards Comments Invited airplane.

for this design feature. These special Interested persons are invited to conditions contain the additional safety submit such written data, views, or Type Certification Basis standards that the Administrator arguments as they may desire. Under the provisions of 14 CFR considers necessary to establish a level Communications should identify the 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

41749 Rules and Regulations Federal Register Vol. 69, No. 132 Monday, July 12, 2004 This section of the FEDERAL REGISTER reactors, Penalties, Sex discrimination, Pub. L.91-550, 84 Stat. 1473 (42 U.S.C.

contains regulatory documents having general Source material, Special nuclear 2135).

applicability and legal effect, most of which material, Waste treatment and disposal.

are keyed to and codified in the Code of 2. In § 2.206, the second sentence of Accordingly, 10 CFR part 2 is corrected paragraph (a) is revised to read as Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. by making the following correcting follows:

amendment:

The Code of Federal Regulations is sold by § 2.206 Requests for action under this the Superintendent of Documents. Prices of PART 2RULES OF PRACTICE FOR subpart.

new books are listed in the first FEDERAL DOMESTIC LICENSING PROCEEDINGS (a) * *

• Requests must be addressed REGISTER issue of each week. AND ISSUANCE OF ORDERS to the Executive Director for Operations

1. The authority citation for part 2 and must be filed either by hand continues to read as follows: delivery to the NRCs Offices at 11555 NUCLEAR REGULATORY Rockville Pike, Rockville, Maryland; by COMMISSION Authority: Secs. 161, 181, 68 Stat. 948, mail or telegram addressed to the 953, as amended (42 U.S.C. 2201, 2231); sec.

Executive Director for Operations, U.S.

10 CFR Part 2 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as Nuclear Regulatory Commission, RIN 3150-AH33 amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. Washington, DC 20555-0001; or by 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). electronic submissions, for example, via Electronic Maintenance and Section 2.101 also issued under secs. 53, facsimile, Electronic Information Submission of Information; Correction 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, Exchange, e-mail, or CD-ROM. * *

• 933, 935, 936, 937, 938, as amended (42 * * * *

• AGENCY: Nuclear Regulatory U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, Commission. 2135); sec. 114(f); Pub. L.97-425, 96 Stat. Dated in Rockville, Maryland this 6th day ACTION: Correcting amendment. 2213, as amended (42 U.S.C. 10143(0); sec. of July, 2004.

102, Pub. L.91-190, 83 Stat. 853, as amended For the Nuclear Regulatory Commission.

SUMMARY

The Nuclear Regulatory (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 Michael T. Lesar, Commission published a final rule in U.S.C. 5871).

Section 2.102, 2.103, 2.104, 2.105, 2.321 Federal Register Liaison Officer.

the Federal Register on October 10, [FR Doc. 04-15697 Filed 7-9-04; 8:45 am]

also issued under secs. 102, 163, 104, 105, 2003 (68 FR 58791), amending the 183i, 189, 68 Stat. 936, 937, 938, 954, 955, BILLING CODE 7590-01-P NRCs regulations to clarify when and as amended (42 U.S.C. 2132, 2133, 2134, how licensees and other members of the 2135, 2233, 2239). Section 2.105 also issued public may use electronic means such under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). DEPARTMENT OF HOMELAND as CD-ROM and e-mail to communicate Sections 2.200-2.206 also issued under SECURITY with the agency. That final rule inadvertently changed the addressee for secs. 161 b. i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. Customs and Border Protection the submission of requests for action 2201(b), (i), (o), 2236, 2282); sec. 206, 88 Stat.

under 10 CFR 2.206. This action 1246 (42 U.S.C. 5846). Section 2.205(j) also 19 CFR Part 101 corrects the final regulations by issued under Pub. L. 101-410, 104 Stat. 90, inserting the correct addressee. as amended by section 3100(s), Pub. L. 104- [CBP Dec. 04-22]

EFFECTIVE DATE: July 12, 2004. 134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Subpart C also issued under sec. 189, Extension of Port Limits of Memphis, FOR FURTHER INFORMATION CONTACT: John TN 68 Stat. 955 (42 U.S.C. 2239). Sections 2.600-A. Skoczlas, (301) 415-7186, 2.606 also issued under sec. 102, Pub. L. 91-EIE@nrc.gov; or Brenda J. Shelton, (301) AGENCY: Customs and Border Protection, 190, 83 Stat. 853, as amended (42 U.S.C.

415-7233, INFOCOLLECTS@nrc.gov. 4332). Section 2.700a also issued under 5 Homeland Security.

SUPPLEMENTARY INFORMATION: The final U.S.C. 554. Sections 2.343, 2.346, 2.754, ACTION: Final rule.

regulation erroneously changed the 2.712, also issued under 5 U.S.C. 557.

Section 2.764 also issued under secs. 135,

SUMMARY

This document adopts as a addressee for the submission of requests final rule, a proposed extension of the 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 under 10 CFR 2.206 from the Executive U.S.C. 10155, 10161). Section 2.790 also port limits of the port of Memphis, Director for Operations to the Secretary issued under sec. 103, 68 Stat. 936, as Tennessee, to include all of the territory of the Commission. The NRC did not amended (42 U.S.C. 2133) and 5 U.S.C. 552. within the limits of DeSoto County, intend to change its long-standing Sections 2.800 and 2.808 also issued under northern Mississippi. The port practice of requiring that requests filed 5 U.S.C. 553, Section 2.809 also issued under extension is being proposed in order to under § 2.206 be addressed to the 5 U.S.C. 553, and sec. 29, Pub, L.85-256, 71 Stat. 579, as amended (42 U.S.C. 2039).

facilitate economic development in Executive Director for Operations. This northern Mississippi, and to provide document corrects that error. Subpart K also issued under sec. 189, 68 Stat.

955 (42 U.S.C. 2239); sec. 134, Pub. L. 97- convenience and improved service to List of Subjects in 10 CFR Part 2 425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart carriers, importers, and the general L also issued under sec. 189, 68 Stat. 955 (42 public.

Administrative practice and U.S.C. 2239). Subpart M also issued under procedure, Antitrust, Byproduct EFFECTIVE DATE: August 11, 2004.

sec. 184 (42 U.S.C. 2234) and sec. 189, 68 material, Classified information, Stat. 955 (42 U.S.C. 2239). Subpart N also FOR FURTHER INFORMATION CONTACT:

Environmental protection, Nuclear issued under sec. 189, 68 Stat. 955 (42 U.S.C. Dennis Dore, Office of Field Operations, materials, Nuclear power plants and 2239). Appendix A also issued under sec. 6, (202) 927-6871.

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69421 Rules and Regulations Federal Register Vol. 70, No. 220 Wednesday, November 16, 2005 This section of the FEDERAL REGISTER the allegations program from the Office PART 1STATEMENT OF contains regulatory documents having general of Nuclear Reactor Regulation to the ORGANIZATION AND GENERAL applicability and legal effect, most of which Office of Enforcement, the replacement INFORMATION are keyed to and codified in the Code of of the reference to the Small Business Federal Regulations, which is published under Regulatory Enforcement Act with the 2. The authority citation for Part 1 50 titles pursuant to 44 U.S.C. 1510. continues to read as follows:

Congressional Review Act, corrections The Code of Federal Regulations is sold by to the addresses for Regions II and III, Authority: Secs. 23, 161, 68 Stat. 925, 948, the Superintendent of Documents. Prices of as well as other minor changes. as amended (42 U.S.C. 2033, 2201); sec. 29, new books are listed in the first FEDERAL Because these amendments constitute Pub. L.85-256, 71 Stat. 579, Pub. L.95-209, REGISTER issue of each week. minor administrative changes to the 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub.

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

Secs. 201, 203, 204, 205, 209, 88 Stat. 1242, organization, the notice and comment 1244, 1245, 1246, 1248, as amended (42 NUCLEAR REGULATORY provisions of the Administrative COMMISSION U.S.C. 5841, 5843, 5844, 5845, 5849); 5 Procedure Act do not apply under 5 U.S.C. 552, 553; Reorganization Plan No. 1 of U.S.C. 553(b)(A). The amendments are 1980, 45 FR 40561, June 16, 1980.

10 CFR Part 1 effective upon publication in the RIN 3150-AH79 Federal Register. Good cause exists 3. In § 1.3, paragraph (c) is revised to under 5 U.S.C 553(d) to dispense with read as follows:

Statement of Organization and General the usual 30-day delay in the effective § 1.3 Sources of additional information.

Information date of the final rule, because the AGENCY: Nuclear Regulatory amendments are of a minor and (c) Information regarding the Commission. administrative nature dealing with availability of NRC records under the changes to certain CFR sections, which Freedom of Information Act and Privacy ACTION: Final rule.

do not require action by any person or Act of 1974 may be obtained from the

SUMMARY

The Nuclear Regulatory entity regulated by the NRC. Further, Information and Records Services Commission (NRC) is revising its the final rule does not change the Division, Office of Information Services.

regulations to reflect the renaming of the substantive responsibilities of any NRCs regulations are published in the Office of the Chief Information Officer person or entity regulated by the NRC. Federal Register and codified in Title as the Office of Information Services, Environmental Impact: Categorical 10, Chapter 1, of the Code of Federal the establishment of the Office of Exclusion Regulations. They may be viewed Nuclear Security and Incident electronically at the NRC Web site, Response, the transfer of the The NRC has determined that this http://www.nrc.gov/reading-rm/doc-responsibility for the allegations final rule is the type of action described collections/cfr/. Final opinions made in program from the Office of Nuclear in categorical exclusion 10 CFR the adjudication of cases are published Reactor Regulation to the Office of 51.22(c)(2). Therefore, neither an in Nuclear Regulatory Commission Enforcement, and other minor changes. environmental impact statement nor an Issuances, and are available on a These amendments are necessary to environmental assessment has been subscription basis from the National inform the public of administrative prepared for this final rule. Technical Information Service, 5285 changes within the NRC. Paperwork Reduction Act Statement Port Royal Road, Springfield, VA 22161.

EFFECTIVE DATE: November 16, 2005. 4. In § 1.5, paragraphs (b)(2) and (b)(3)

This final rule does not contain FOR FURTHER INFORMATION CONTACT: are revised to read as follows:

information collection requirements and Alzonia Shepard, Senior Regulations therefore, is not subject to the § 1.5 Location of principal offices and Specialist, Rules and Directives Branch, Paperwork Reduction Act of 1995 (44 regional offices.

Division of Administrative Services, U.S.C. 3501 et seq.). * * * *

• Office of Administration, U.S. Nuclear (b) * *

• Regulatory Commission, Washington, List of Subjects in 10 CFR Part 1 (2) Region II, USNRC, Sam Nunn DC 20555-0001, Telephone (301) 415- Organization and functions Atlanta Federal Center, 61 Forsyth 6864, e-mail aws1@nrc.gov. (Government Agencies). Street, SW., Suite 23 T85, Atlanta, GA SUPPLEMENTARY INFORMATION: On For the reasons set forth in the 30303-8931.

January 6, 2005, the NRC announced a preamble and under the authority of the (3) Region III, USNRC, 2443 realignment of functions of the Office of Atomic Energy Act of 1954, as amended; Warrenville Road, Suite 210, Lisle, IL the Executive Director for Operations. In the Energy Reorganization Act of 1974, 60532-4351.

the realignment, the NRC renamed the as amended; and 5 U.S.C. 552 and 553, * * * *

• Office of the Chief Information Officer the NRC is adopting the following 5. In § 1.32, paragraph (b) is revised to as the Office of Information Services. On amendments to 10 CFR Chapter 1. read as follows:

April 7, 2002, the Commission established the Office of Nuclear CHAPTER 1 [NOMENCLATURE CHANGE] § 1.32 Office of the Executive Director for Security and Incident Response (NSIR). 1. In 10 CFR Chapter 1, revise all Operations.

These amendments include a references to the phrase Office of the * * * *

• description of the duties of NSIR. These Chief Information Officer to read (b) The EDO supervises and amendments also reflect the transfer of Office of Information Services. 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 technology can add value while (c) Assesses and recommends or takes line offices; the Office of Nuclear improving NRC operations and service action regarding incidents or accidents; Reactor Regulation, the Office of delivery; (d) Provides special assistance as Nuclear Material Safety and Safeguards, (d) Directs the implementation of a required in matters involving reactor the Office of Nuclear Regulatory sound and integrated IT architecture to facilities exempt from licensing; Research, the Office of Nuclear Security achieve NRCs strategic and IRM goals; (e) Provides guidance and and Incident Response, and the NRC (e) Monitors and evaluates the implementation direction to Regional Regional Offices; and the following staff performance of information technology Offices on reactor licensing, inspection, offices: The Office of Enforcement, the and information management programs and safeguards programs assigned to the Office of Administration, the Office of based on applicable performance Region, and appraises Regional program Information Services, the Office of measures and assesses the adequacy of performance in terms of effectiveness Investigations, the Office of Small IRM skills of the agency; and uniformity; Business and Civil Rights, the Office of (f) Provides guidance and oversight Human Resources, the Office of State for the selection, control and evaluation (f) Performs other functions required and Tribal Programs, and other of information technology investments; for implementation of the reactor organizational units as shall be assigned and licensing, inspection, and safeguard by the Commission. The EDO is also (g) Provides oversight and quality programs; and responsible for implementing the assurance for the design and operation (g) Performs review and evaluation Commissions policy directives of the Licensing Support Network (LSN) related to regulated facilities insurance, pertaining to these offices. services and for the completeness and indemnity, and antitrust matters.

• * * *

• integrity of the LSN database, ensures 11. Section 1.46 is added to read as

6. Section 1.33 is revised to read as that the LSN meets the requirements of follows:

follows: 10 CFR part 2, subpart J, concerning the use of the LSN in the Commissions § 1.46 Office of Nuclear Security and

§ 1.33 Office of Enforcement. high-level waste licensing proceedings, Incident Response.

The Office of Enforcement and provides technical oversight of DOE The Office of Nuclear Security and (a) Develops policies and programs for in the design, development, and Incident Response enforcement of NRC requirements; operation of the LSN.

(b) Manages major enforcement (a) Develops overall agency policy

9. In § 1.41, the section heading and and provides management direction for action; the introductory text are revised to read (c) Assesses the effectiveness and evaluation and assessment of technical as follows: issues involving security at nuclear uniformity of Regional enforcement actions; and § 1.41 Office of State and Tribal Programs. facilities, and is the agency safeguards (d) Manages the NRC allegation and security interface with the The Office of State and Tribal program. Department of Homeland Security Programs

7. In § 1.34, paragraph (d) is revised to (DHS), the Department of Energy (DOE),

• * * *

• other agencies; and the international read as follows:

10. Section 1.43 is revised to read as activities related to the security of

§ 1.34 Office of Administration. follows: radioactive material and nuclear

• * * *

• facilities;

§ 1.43 Office of Nuclear Reactor (d) Develops and implements policies Regulation. (b) Develops, in participation with and procedures for the review and domestic and international agencies, publication of NRC rulemakings, and The Office of Nuclear Reactor Regulation foreign policy guidance and provides ensures compliance with the Regulatory international assistance in nuclear Flexibility Act and the Congressional (a) Develops, promulgates and implements regulations and develops security and safeguards; Review Act, manages the NRC and implements policies, programs, and (c) Develops emergency preparedness Management Directives Program, and procedures for all aspects of licensing, policies, regulations, programs, and provides translation services.

inspection, and safeguarding of guidelines for both currently licensed

8. Section 1.35 is revised to read as (1) Manufacturing, production, and nuclear reactors and potential new follows: nuclear reactors; utilization facilities, except for those

§ 1.35 Office of Information Services. concerning fuel reprocessing plants and (d) Provides technical expertise The Office of Information Services isotopic enrichment plants; regarding emergency preparedness (a) Plans, directs, and oversees the (2) Receipt, possession, and issues and interpretations; and NRCs information resources, including ownership of source, byproduct, and (e) Develops and directs the NRC technology infrastructure and delivery special nuclear material used or program for response to incidents, and of information management services, to produced at facilities licensed under 10 is the agency emergency preparedness meet the mission and goals of the CFR part 50; and incident response interface with the agency; (3) Operators of such facilities; DHS, the Federal Emergency (b) Provides principal advice to the (4) Emergency preparedness at such Management Agency (FEMA) and other Chairman to ensure that information facilities; and Federal agencies.

technology (IT) is acquired and (5) Contractors and suppliers of such facilities. Dated at Rockville, Maryland, this 7th day information resources across the agency of November, 2005.

are managed in a manner consistent (b) Identifies and takes action regarding conditions and licensee For the Nuclear Regulatory Commission.

with Federal information resources management (IRM) laws and performance that may adversely affect Luis A. Reyes, regulations; public health and safety, the Executive Director for Operations.

(c) Assists senior management in environment, or the safeguarding of [FR Doc. 05-22672 Filed 11-15-05; 8:45 am]

recognizing where information nuclear reactor facilities; 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. regulations to update a telephone Congressional Review Act 3327 (31 U.S.C. 6101 note); 5 U.S.C. 301; number for the Office of Information U.S.C. 6101 note. In accordance with the Congressional Services and an NRC Web site location. Review Act, the NRC has determined

§ 12.75 [Removed] This document is necessary to inform that this action is not a major rule and the public of these changes to the NRCs has verified this determination with the

3. Remove § 12.75. regulations. Office of Information and Regulatory

§ 12.913 [Removed] EFFECTIVE DATE: June 18, 2007. Affairs of OMB.

FOR FURTHER INFORMATION CONTACT:

Because these amendments deal

4. Remove § 12.913.

Thomas Smith, Office of Information solely with agency organization and PART 42GOVERNMENTWIDE Services, Nuclear Regulatory procedure, and represent minor DEBARMENT AND SUSPENSION Commission, Washington, DC 20555- administrative matters which do not (NONPROCUREMENT) [REMOVED] 0001, 301-415-7043, e-mail raise any significant policy or regulatory TES@nrc.gov. issue, the NRC has determined that

5. Remove part 42. notice and comment is not necessary SUPPLEMENTARY INFORMATION: The NRC under the Administrative Procedure Act PART 43GOVERNMENTWIDE is revising its regulations to update a (APA), 5 U.S.C. 553(b)(3)(A), and that in REQUIREMENTS FOR DRUG-FREE telephone number for the Office of any event there is good cause for WORKPLACE (FINANCIAL Information Services and an NRC Web dispensing with such notice and ASSISTANCE) site location. The Web site contains comment under 5 U.S.C. 553(d)(3)(B). In detailed guidance on making electronic addition, the NRC has determined that

6. The authority for part 43 continues submissions to the agency. This good cause exists for making the rule to read as follows: guidance discusses, among other topics, immediately effective upon publication, Authority: E.O. 12549 (3 CFR, 1986 Comp., the formats the NRC can accept, the use as provided for under 5 U.S.C. 553(d)(3),

p. 189); E.O. 12689 (3 CFR, 1989 Comp., p. of electronic signatures, and the because the amendments represent 235); Sec. 2455, Pub. L. 103-355, 108 Stat. treatment of nonpublic information. minor administrative matters which do 3327 (31 U.S.C. 6101 note); 5 U.S.C. 301; 31 not raise any significant policy or U.S.C. Environmental Impact: Categorical Exclusion regulatory issue and do not impose any

§ 43.510 [Amended] significant regulatory requirement upon The NRC has determined that this any regulated entity or person.

7. Amend § 43.510(c) by removing the final rule is the type of action described For the reasons set out in the citation 43 CFR Part 42 and adding 2 in categorical exclusion 10 CFR CFR Part 180 in its place. preamble and under the authority of the 51.22(c)(1) and (2). Therefore, neither an Atomic Energy Act of 1954, as amended,

§ 43.630 [Amended] environmental impact statement nor an the Energy Reorganization Act of 1974, environmental assessment has been as amended, and 5 U.S.C. 552 and 553,

8. Amend § 43.630 by removing the prepared for this final rule.

phrase the common rule, Government- 42 U.S.C. 2201, as amended, and 42 wide Debarment and Suspension Paperwork Reduction Act Statement U.S.C. 5841, the NRC is adopting the (Nonprocurement), that implements following amendments to 10 CFR This final rule does not contain a new Chapter I to read as follows:

Executive Order 12549 and Executive or amended information collection Order 12689 and adding the citation 2 requirement subject to the Paperwork 10 CFR Chapter I [Amended]

CFR part 180 in its place. Reduction Act of 1995 (44 U.S.C. 3501 1. In Chapter I revise all references to

§ 43.670 [Amended] et seq.). (301) 415-6030 to read (301) 415-0439.

9. Amend § 43.670 by removing the Public Protection Notification

2. In Chapter I revise all references to phrase the common rule, Government- If a means used to impose an http://www.nrc.gov/site-help/eie.html wide Debarment and Suspension information collection does not display to read http://www.nrc.gov/site-help/

(Nonprocurement), that implements a currently valid OMB control number, e-submittals.html.

Executive Order 12549 and Executive the NRC may not conduct or sponsor, Order 12689 and adding the citation 2 Dated at Rockville, Maryland, this 4th day and a person is not required to respond of June, 2007.

CFR part 180 in its place. to, the information collection. For the Nuclear Regulatory Commission.

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

Regulatory Analysis Luis A. Reyes, BILLING CODE 4310-RF-M A regulatory analysis has not been Executive Director for Operations.

prepared for this final rule. This final [FR Doc. E7-11708 Filed 6-15-07; 8:45 am]

NUCLEAR REGULATORY rule makes only minor administrative BILLING CODE 7590-01-P COMMISSION changes to the regulations that reference a telephone number and an NRC Web 10 CFR Chapter I site, and imposes no burden on DEPARTMENT OF HEALTH AND licensees. Therefore, a regulatory HUMAN SERVICES RIN 3150-AI18 analysis is not necessary.

Food and Drug Administration Administrative Changes Backfit Analysis AGENCY: Nuclear Regulatory The NRC has determined that these 21 CFR Part 558 pwalker on PROD1PC71 with RULES Commission. amendments do not involve any New Animal Drugs for Use in Animal ACTION: Final rule. provisions which would impose backfits Feeds; Lincomycin as defined in 10 CFR 50.109(a)(1);

SUMMARY

The Nuclear Regulatory therefore a backfit analysis is not AGENCY: Food and Drug Administration, Commission (NRC) is amending its necessary. 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 research, Marketing agreements, NUCLEAR REGULATORY bushels shall be entitled to one board Soybeans and soybean products, COMMISSION member; (3) units with 15,000,000 Reporting and recordkeeping bushels or more but fewer than requirements. 10 CFR Chapter I 70,000,000 bushels shall be entitled to For the reasons set forth in the [NRC-2009-0397]

two Board members; (4) units with preamble, it is proposed that Title 7, 70,000,000 bushels or more but fewer RIN 3150-AI73 part 1220 be amended as follows:

than 200,000,000 bushels shall be Administrative Changes: Clarification entitled to three Board members; and (5) PART 1220SOYBEAN PROMOTION, of the Location of Guidance for units with 200,000,000 bushels or more RESEARCH, AND CONSUMER Electronic Submission and Other shall be entitled to four Board members. INFORMATION The Board was last reapportioned in Miscellaneous Corrections 2006. The total Board membership 1. The authority citation for 7 CFR AGENCY: Nuclear Regulatory increased from 64 to 68 members, with Part 1220 continues to read as follows: Commission.

Nebraska, North Dakota, Pennsylvania, Authority: 7 U.S.C. 6301-6311 and 7 ACTION: Final rule.

and Virginia each gaining one U.S.C. 7401.

additional member. Additionally,

SUMMARY

The Nuclear Regulatory Florida was grouped with the Eastern 2. In § 1220.201(a), the table is revised Commission (NRC) is amending its Region due to lower production levels. to read as follows: regulations to clarify where persons may These changes were effective with the obtain detailed guidance for making

§ 1220.201 Membership of board. electronic submissions to the NRC, as 2007 appointments.

Currently, the Board has 68 members (a) * *

• well as to make other miscellaneous representing 30 geographical units. This corrections. This document is necessary membership is based on average Unit Number of to inform the public of these changes to production levels for the years 2001- members the NRCs regulations.

2005 (excluding crops in years that DATES: Effective date: This rule is Illinois .......................................... 4 production was the highest and that Iowa ............................................ 4 effective December 31, 2009.

production was the lowest) as reported Minnesota ................................... 4 FOR FURTHER INFORMATION CONTACT:

by USDAs National Agricultural Indiana ........................................ 4 Angella Love Blair, Rulemaking and Statistics Service (NASS). Nebraska .................................... 4 Directives Branch, Division of Ohio ............................................ 4 Administrative Services, Office of Comments Missouri ...................................... 3 Administration, U.S. Nuclear Regulatory A proposed rule was published in the Arkansas ..................................... 3 Commission, Washington, DC 20555-Federal Register (74 FR 27467) on June South Dakota .............................. 3 Kansas ........................................ 3 0001, telephone 301-492-3671, e-mail 10, 2009, with a 60-day comment angella.love-blair@nrc.gov.

period. The Department received one Michigan ..................................... 3 North Dakota .............................. 3 ADDRESSES: You can access publicly comment. The commenter was of the Mississippi .................................. 2 available documents related to this view that taxpayers should hold 51 Louisiana .................................... 2 document using the following methods:

percent of all seats on the Board. In Tennessee .................................. 2 Federal e-Rulemaking Portal: Go to accordance with the Act, members of North Carolina ............................ 2 http://www.regulations.gov and search the Board are soybean producers, who Kentucky ..................................... 2 for documents filed under Docket ID may include individuals or other Pennsylvania .............................. 2

[NRC-2009-0397]. Address questions entities. Accordingly, no change is made Virginia ........................................ 2 Maryland ..................................... 2 about NRC dockets to Carol Gallagher at as a result of this comment. 301-492-3668, e-mail The increase in representation on the Wisconsin ................................... 2 Georgia ....................................... 1 Carol.Gallagher@nrc.gov.

Board, from 68 to 69 members, is based NRCs Public Document Room (PDR):

South Carolina ............................ 1 on average production levels for the Alabama ...................................... 1 The public may examine and have years 2004-2008 (excluding the crops in Delaware ..................................... 1 copied for a fee publicly available years in which production was the Texas .......................................... 1 documents at the NRCs PDR, Room O1 highest and in which production was Oklahoma ................................... 1 F21, One White Flint North, 11555 the lowest) as reported by USDAs New York .................................... 1 Rockville Pike, Rockville, Maryland.

National Agricultural Statistics Service. Eastern Region (Massachusetts, NRCs Agencywide Documents Access The change does not affect the number New Jersey, Connecticut, Flor-ida, Rhode Island, Vermont, and Management System (ADAMS):

of geographical units. Publicly available documents created or This final rule increases Board New Hampshire, Maine, West Virginia, District of Columbia, received at the NRC are available membership from 68 members to 69 electronically at the NRCs electronic and Puerto Rico) ..................... 1 members effective with 2010 Western Region (Montana, Wyo- Reading Room at http://www.nrc.gov/

nominations and appointments. ming, Colorado, New Mexico, reading-rm/adams.html. From this page, This final rule adjusts representation Idaho, Utah, Arizona, Wash- the public can gain entry into ADAMS, on the Board as follows: ington, Oregon, Nevada, Cali- which provides text and image files of fornia, Hawaii, and Alaska) ..... 1 NRCs public documents. If you do not Previous rep- Current rep-mstockstill on DSKH9S0YB1PROD with RULES State have access to ADAMS or if there are resentation resentation

• * * *

• problems in accessing the documents Ohio .. 3 4 Dated: November 24, 2009. located in ADAMS, contact the NRCs Rayne Pegg, PDR reference staff at 1-800-397-4209, List of Subjects in 7 CFR 1220 Administrator. 301-415-4737, or by e-mail to Administrative practice and [FR Doc. E9-28729 Filed 11-30-09; 8:45 am] pdr.resource@nrc.gov.

procedure, Advertising, Agricultural BILLING CODE P SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations 62677 Background 76.5(c), 81.3, 95.9(c), 100.4, 110.4, 95.20, 95.21, 95.36, 95.45, 95.53, and Multiple amendments to NRC 140.5, 150.4, 170.5, and 171.9. 95.57.

regulations have resulted in inconsistent Correction of the Spelling of Rulemaking Procedure guidance and outdated information for Evaluation Because these amendments constitute persons making electronic submissions The word evaluation is misspelled minor administrative corrections to the to the NRC through the Electronic in the definition of Survey in 10 CFR regulations, the notice and comment Information Exchange (EIE). The NRC is Part 20. This spelling is corrected in provisions of the Administrative amending its regulations at 10 CFR parts

§ 20.1003. Procedure Act do not apply pursuant to 2, 4, 9, 11, 15, 19, 20, 21, 25, 26, 30, 40, 5 U.S.C. 553(b)(B).

50, 51, 52, 55, 60, 61, 62, 63, 70, 71, 72, Correction of References 73, 74, 76, 81, 95, 100, 110, 140, 150, On January 14, 2004 (69 FR 2182), the Environmental Impact: Categorical 170 and 171 to clarify this guidance and NRC published a final rule amending its Exclusion information. Specifically, this rule regulations of practice to make the The NRC has determined that this removes the various telephone numbers NRCs hearing process more effective final rule is the type of action described and corrects the Web site and e-mail and efficient. Section 51.28(c) currently in categorical exclusion 10 CFR addresses for obtaining detailed references the requirements of §§ 2.714 51.22(c)(2). Therefore, neither an guidance. This rule also makes other and 2.715, which were relocated by the environmental impact statement nor an miscellaneous corrections, as identified restructuring of the January 2004 rule. environmental assessment has been in the Summary of Changes section of This rule amends the cross-references in prepared for this rule.

this document. § 51.28(c) to correctly refer to §§ 2.309 Paperwork Reduction Act Statement Summary of Changes and 2.315.

This final rule does not contain Removal of Telephone Number (301) Correction of Table Headings information collection requirements 415-0439 On October 28, 2008 (73 FR 63546), and, therefore, is not subject to the The telephone number (301) 415- the NRC published a final rule Paperwork Reduction Act of 1995 (44 0439 is no longer assigned to the EIE amending its regulations for the U.S.C. 3501 et seq.).

and has been removed from the protection of Safeguards Information Public Protection Notification following sections of the NRCs (SGI) to protect SGI from inadvertent regulations: §§ 2.206(a), 2.802(a), release and unauthorized disclosure The NRC may not conduct or sponsor, 2.811(a), 2.813(a), 4.5, 9.6, 11.15(a)(1), which might compromise the security of and a person is not required to respond 15.3, 19.17, 20.1007, 20.2203(d), 25.9, nuclear facilities and materials. The to, a request for information or an 30.6(a)(3), 40.5(a)(3), 50.4(a), 51.58(a), October 2008 rule added Appendix I to information collection requirement 55.5(a)(3), 60.4, 63.4(a)(3), 70.5(a)(3), 10 CFR part 73, but incorrectly placed unless the requesting document 71.1(a), 72.4, 73.4(c), 74.6(c), 76.5(c), the abbreviations in the heading to the displays a currently valid OMB control 81.3, 95.9(c), 110.4, 170.5, and 171.9. table. This rule would correctly place number.

the abbreviation (TBq) under the Backfit Analysis Removal of Telephone Number (301) heading Terabecquerels.

415-6030 The NRC has determined that the Conforming Change to Adjust for backfit rule does not apply to this final The telephone number (301) 415-Inflation rule; therefore, a backfit analysis is not 6030 is no longer assigned to the EIE and has been removed from the On September 28, 2008 (73 FR 56451), required for this final rule because these following sections of the NRCs the NRC published a final rule amendments are administrative in regulations: § 21.5, 26.11, 52.3(a), 61.4, amending its regulations at 10 CFR part nature and do not involve any 62.3, 100.4, 140.5, and 150.4. 140 to make the required inflation provisions that would impose backfits adjustments to the maximum total and as defined in 10 CFR chapter I.

Correction of Web Site Address annual standard deferred premiums in Congressional Review Act (CRA)

The NRC Web site address has been accordance with the Price-Anderson corrected in the following sections of Act. The September 2008 rule adjusted In accordance with the CRA of 1996, the NRCs regulations: §§ 2.811(a), the amount in § 140.11(a)(4) from $15 the NRC has determined that this action 2.813(a), 20.2203(d), 21.5, 26.11, million to $17.5 million. This rule is not a major rule and has verified this 30.6(a)(3), 51.58(a), 52.3(a), 61.4, 62.3, makes a conforming change in § 140.21. determination with the Office of 72.70(c)(1), 72.248(c)(1), 73.57(d)(3)(ii), Information and Regulatory Affairs of Change in Division Name Due to OMB.

76.33(a)(1), 100.4, 140.5, and 150.4.

Restructuring Change in Electronic Information List of Subjects The Office of Nuclear Security and Exchange (EIE) E-mail Address Incident Response (NSIR) restructured 10 CFR Part 2 The NRCs recent migration to several years ago, changing the Division Administrative practice and Microsoft Outlook has resulted in a of Nuclear Security into the Division of procedure, Antitrust, Byproduct change in format for the e-mail address Security Policy and the Division of material, Classified information, for EIE. The new e-mail address is Security Operations. This rule replaces Environmental protection, Nuclear incorporated into the following sections Division of Nuclear Security with materials, Nuclear power plants and mstockstill on DSKH9S0YB1PROD with RULES of the NRCs regulations: §§ 2.206(a), Division of Security Policy in reactors, Penalties, Sex discrimination, 2.802(a), 2.811(a), 2.813(a), 4.5, 9.6, §§ 40.23, 40.64, 40.66, 40.67, 70.5, Source material, Special nuclear 11.15(a)(1), 15.3, 19.17, 20.1007, 70.20b, 70.32, 71.97, 73.4, 73.26, 73.27, material, Waste treatment and disposal.

20.2203(d), 21.5, 25.9, 26.11, 30.6(a)(3), 73.67, 73.71, 73.72, 73.73, 73.74, 76.5, 40.5(a)(3), 50.4(a), 51.58(a), 52.3(a), and 150.17. This rule replaces Division 10 CFR Part 4 55.5(a)(3), 60.4, 61.4, 62.3, 63.4(a)(3), of Nuclear Security with Division of Administrative practice and 70.5(a)(3), 71.1(a), 72.4, 73.4(c), 74.6(c), Security Operations in §§ 95.9, 95.19, 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

62678 Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations rights, Employment, Equal employment 10 CFR Part 40 10 CFR Part 63 opportunity, Federal aid programs, Criminal penalties, Government Criminal penalties, High-level waste, Grant programs, Handicapped, Loan contracts, Hazardous materials Nuclear power plants and reactors, programs, Reporting and recordkeeping transportation, Nuclear materials, Reporting and recordkeeping requirements, Sex discrimination.

Reporting and recordkeeping requirements, Waste treatment and 10 CFR Part 9 requirements, Source material, disposal.

Criminal penalties, Freedom of Uranium. 10 CFR Part 70 information, Privacy, Reporting and 10 CFR Part 50 recordkeeping requirements, Sunshine Criminal penalties, Hazardous Act. materials transportation, Material Antitrust, Classified information, control and accounting, Nuclear 10 CFR Part 11 Criminal penalties, Fire protection, materials, Packaging and containers, Intergovernmental relations, Nuclear Hazardous materialstransportation, Radiation protection, Reporting and power plants and reactors, Radiation Investigations, Nuclear materials, recordkeeping requirements, Scientific protection, Reactor siting criteria, Reporting and recordkeeping equipment, Security measures, Special Reporting and recordkeeping requirements, Security measures, nuclear material.

requirements.

Special nuclear material. 10 CFR Part 71 10 CFR Part 51 10 CFR Part 15 Criminal penalties, Hazardous Administrative practice and Administrative practice and materials transportation, Nuclear procedure, Debt collection. procedure, Environmental impact materials, Packaging and containers, statement, Nuclear materials, Nuclear Reporting and recordkeeping 10 CFR Part 19 power plants and reactors, Reporting requirements.

Criminal penalties, Environmental and recordkeeping requirements.

protection, Nuclear materials, Nuclear 10 CFR Part 72 10 CFR Part 52 power plants and reactors, Occupational Administrative practice and safety and health, Radiation protection, Administrative practice and procedure, Criminal penalties, Reporting and recordkeeping procedure, Antitrust, Backfitting, Manpower training programs, Nuclear requirements, Sex discrimination. Combined license, Early site permit, materials, Occupational safety and 10 CFR Part 20 Emergency planning, Fees, Inspection, health, Penalties, Radiation protection, Limited work authorization, Nuclear Reporting and recordkeeping Byproduct material, Criminal power plants and reactors, Probabilistic requirements, Security measures, Spent penalties, Licensed material, Nuclear risk assessment, Prototype, Reactor fuel, Whistleblowing.

materials, Nuclear power plants and siting criteria, Redress of site, Reporting reactors, Occupational safety and 10 CFR Part 73 and recordkeeping requirements, health, Packaging and containers, Standard design, Standard design Criminal penalties, Export, Hazardous Radiation protection, Reporting and certification. materials transportation, Import, recordkeeping requirements, Source Nuclear materials, Nuclear power plants material, Special nuclear material, 10 CFR Part 55 and reactors, Reporting and Waste treatment and disposal. recordkeeping requirements, Security Criminal penalties, Manpower 10 CFR Part 21 training programs, Nuclear power plants measures.

Nuclear power plants and reactors, and reactors, Reporting and 10 CFR Part 74 Penalties, Radiation protection, recordkeeping requirements.

Accounting, Criminal penalties, Reporting and recordkeeping 10 CFR Part 60 Hazardous materials transportation, requirements.

Material control and accounting, Criminal penalties, High-level waste, 10 CFR Part 25 Nuclear materials, Packaging and Nuclear materials, Nuclear power plants Classified information, Criminal containers, Radiation protection, and reactors, Reporting and penalties, Investigations, Reporting and Reporting and recordkeeping recordkeeping requirements, Waste recordkeeping requirements, Security requirements, Scientific equipment, treatment and disposal.

measures. Special nuclear material.

10 CFR Part 61 10 CFR Part 26 10 CFR Part 76 Alcohol abuse, Alcohol testing, Criminal penalties, Low-level waste, Certification, Criminal penalties, Appeals, Chemical testing, Drug abuse, Nuclear materials, Reporting and Radiation protection, Reporting and Drug testing, Employee assistance recordkeeping requirements, Waste recordkeeping requirements, Security programs, Fitness for duty, Management treatment and disposal. measures, Special nuclear material, actions, Nuclear power reactors, 10 CFR Part 62 Uranium enrichment by gaseous Protection of information, Reporting and diffusion.

recordkeeping requirements. Administrative practice and procedure, Denial of access, Emergency 10 CFR Part 81 mstockstill on DSKH9S0YB1PROD with RULES 10 CFR Part 30 access to low-level waste disposal, Low- Administrative practice and Byproduct material, Criminal level radioactive waste, Low-level procedure, Inventions and patents.

penalties, Government contracts, radioactive waste treatment and 10 CFR Part 95 Intergovernmental relations, Isotopes, disposal, Low-level waste policy Nuclear materials, Radiation protection, amendments act of 1985, Nuclear Classified information, Criminal Reporting and recordkeeping materials, Reporting and recordkeeping penalties, Reporting and recordkeeping requirements. requirements. requirements, Security measures.

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Federal Register / Vol. 74, No. 229 / Tuesday, December 1, 2009 / Rules and Regulations 62679 10 CFR Part 100 Section 2.101 also issued under secs. 53, at http://www.nrc.gov/site-help/e-62, 63, 81, 103, 104, 68 Stat. 930, 932, 933, submittals.html; by e-mail to Nuclear power plants and reactors, 935, 936, 937, 938, as amended (42 U.S.C.

Reactor siting criteria. MSHD.Resource@nrc.gov; or by writing 2073, 2092, 2093, 2111, 2133, 2134, 2135);

the Office of Information Services, U.S.

sec. 114(f), Public Law 97-425, 96 Stat. 2213, 10 CFR Part 110 Nuclear Regulatory Commission, as amended (42 U.S.C. 10143(f)); sec. 102, Administrative practice and Public Law 91-190, 83 Stat. 853, as amended Washington, DC 20555-0001. * *

• procedure, Classified information, (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 * * * *

• Criminal penalties, Export, Import, U.S.C. 5871). Sections 2.102, 2.103, 2.104, 4. In § 2.811, revise the third sentence Intergovernmental relations, Nuclear 2.105, 2.321 also issued under secs. 102, 103, of paragraph (a) to read as follows:

104, 105, 183i, 189, 68 Stat. 936, 937, 938, materials, Nuclear power plants and 954, 955, as amended (42 U.S.C. 2132, 2133, § 2.811 Filing of standard design reactors, Reporting and recordkeeping 2134, 2135, 2233, 2239). Section 2.105 also certification application; required copies.

requirements, Scientific equipment. issued under Public Law 97-415, 96 Stat. (a) * *

• Detailed guidance on 10 CFR Part 140 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161 b, i, o, 182, 186, making electronic submissions can be Criminal penalties, Extraordinary 234, 68 Stat. 948-951, 955, 83 Stat. 444, as obtained by visiting the NRCs Web site nuclear occurrence, Insurance, amended (42 U.S.C. 2201 (b), (i), (o), 2236, at http://www.nrc.gov/site-help/e-Intergovernmental relations, Nuclear 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. submittals.html; by e-mail to materials, Nuclear power plants and 5846). Section 2.205(j) also issued under MSHD.Resource@nrc.gov; or by writing reactors, Reporting and recordkeeping Public Law 101-410, 104 Stat. 90, as the Office of Information Services, U.S.

amended by section 3100(s), Public Law 104- Nuclear Regulatory Commission, requirements.

134, 110 Stat. 1321-373 (28 U.S.C. 2461 Washington, DC 20555-0001. * *

• 10 CFR Part 150 note). Subpart C also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Section 2.301 * * * *

• Criminal penalties, Hazardous also issued under 5 U.S.C. 554. Sections 5. In § 2.813, revise the third sentence materials transportation, 2.343, 2.346, 2.712 also issued under 5 U.S.C. of paragraph (a) to read as follows:

Intergovernmental relations, Nuclear 557. Section 2.340 also issued under secs.

materials, Reporting and recordkeeping 135, 141, Public Law 97-425, 96 Stat. 2232, § 2.813 Written communications.

requirements, Security measures, 2241 (42 U.S.C. 10155, 10161). Section 2.390 (a) * *

• Detailed guidance on Source material, Special nuclear also issued under sec. 103, 68 Stat. 936, as making electronic submissions can be material. amended (42 U.S.C. 2133) and 5 U.S.C. 552. obtained by visiting the NRCs Web site Sections 2.600-2.606 also issued under sec. at http://www.nrc.gov/site-help/e-10 CFR Part 170 102, Public Law 91-190, 83 Stat. 853, as submittals.html; by e-mail to amended (42 U.S.C. 4332). Sections 2.800 Byproduct material, Import and and 2.808 also issued under 5 U.S.C. 553.

MSHD.Resource@nrc.gov; or by writing export licenses, Intergovernmental Section 2.809 also issued under 5 U.S.C. 553, the Office of Information Services, U.S.

relations, Non-payment penalties, and sec. 29, Public Law 85-256, 71 Stat. 579, Nuclear Regulatory Commission, Nuclear materials, Nuclear power plants as amended (42 U.S.C. 2039). Subpart K also Washington, DC 20555-0001. * *

• and reactors, Source material, Special issued under sec. 189, 68 Stat. 955 (42 U.S.C. * * * *

• nuclear material. 2239); sec. 134, Public Law 97-425, 96 Stat.

2230 (42 U.S.C. 10154). Subpart L also issued PART 4NONDISCRIMINATION IN 10 CFR Part 171 under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). FEDERALLY ASSISTED PROGRAMS Annual charges, Byproduct material, Subpart M also issued under sec. 184 (42 OR ACTIVITIES RECEIVING FEDERAL Holders of certificates, registrations, U.S.C. 2234) and sec. 189, 68 Stat. 955 (42 FINANCIAL ASSISTANCE FROM THE U.S.C. 2239). Subpart N also issued under approvals, Intergovernmental relations, sec. 189, 68 Stat. 955 (42 U.S.C. 2239). COMMISSION Nonpayment penalties, Nuclear Appendix A also issued under sec. 6, Public materials, Nuclear power plants and Law 91-550, 84 Stat. 1473 (42 U.S.C. 2135).

6. The authority citation for part 4 reactors, Source material, Special continues to read as follows:

nuclear material. 2. In § 2.206, revise the fourth Authority: Secs. 161, 68 Stat. 948, as For the reasons set out in the sentence of paragraph (a) to read as amended (42 U.S.C. 2201); sec. 274, 73 Stat.

preamble and under the authority of the follows: 688, as amended (42 U.S.C. 2021); sec. 201, Atomic Energy Act of 1954, as amended; 88 Stat. 1242, as amended (42 U.S.C. 5841);

§ 2.206 Requests for action under this sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 the Energy Reorganization Act of 1974, subpart. note).

as amended; and 5 U.S.C. 552 and 553, (a) * *

• Detailed guidance on Subpart A also issued under secs. 602-605, the NRC is adopting the following making electronic submissions can be Public Law 88 -352, 78 Stat. 252, 253 (42 amendments to 10 CFR Parts 2, 4, 9, 11, obtained by visiting the NRCs Web site U.S.C. 2000d-2000d-7); sec. 401, 88 Stat.

15, 19, 20, 21, 25, 26, 30, 40, 50, 51, 52, at http://www.nrc.gov/site-help/e- 1254 (42 U.S.C. 5891).

55, 60, 61, 62, 63, 70, 71, 72, 73, 74, 76, submittals.html; by e-mail to Subpart B also issued under sec. 504, 81, 95, 100, 110, 140, 150, 170 and 171. MSHD.Resource@nrc.gov; or by writing Public Law 93-112, 87 Stat. 394 (29 U.S.C.

706); sec. 119, Public Law 95-602, 92 Stat.

PART 2RULES OF PRACTICE FOR the Office of Information Services, U.S. 2984 (29 U.S.C. 794); sec. 122, Public Law DOMESTIC LICENSING PROCEEDINGS Nuclear Regulatory Commission,95-602, 92 Stat. 2984 (29 U.S.C. 706(6)).

AND ISSUANCE OF ORDERS Washington, DC 20555-0001. * *

• Subpart C also issued under Title III of

• * * *

• Public Law 94-135, 89 Stat. 728, as amended

1. The authority citation for part 2 (42 U.S.C. 6101).

3. In § 2.802, revise the fourth mstockstill on DSKH9S0YB1PROD with RULES Subpart E also issued under 29 U.S.C. 794.

continues to read as follows: sentence of paragraph (a) to read as Authority: Secs.161, 181, 68 Stat. 948, 953, follows: 7. In § 4.5, revise the third sentence to as amended (42 U.S.C. 2201, 2231); sec. 191, read as follows:

§ 2.802 Petition for rulemaking.

as amended, Public Law 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as (a) * *

• Detailed guidance on § 4.5 Communications and reports.

amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. making electronic submissions can be * *

• Detailed guidance on making 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). obtained by visiting the NRCs Web site electronic submissions can be obtained VerDate Nov<24>2008 16:14 Nov 30, 2009 Jkt 220001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\01DER1.SGM 01DER1