ML23151A390
| ML23151A390 | |
| Person / Time | |
|---|---|
| Issue date: | 03/12/1991 |
| From: | Taylor J NRC/EDO |
| To: | |
| References | |
| PR-002, 56FR10359 | |
| Download: ML23151A390 (1) | |
Text
ADAMS Template: SECY-067 DOCUMENT DATE: 03/12/1991 TITLE: PR-002 - 56FR10359 - ASSISTANCE TO PROSPECTIVE PETITIONERS CASE
REFERENCE:
PR-002 56FR10359 KEYWORD: RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete
PAGE 1 OF 2 STATUS OF RULEMAKING RECORD 1 OF 1 PROPOSED RULE: PR-002 OPEN ITEM (Y/N) N RULE NAME: ASSISTANCE TO PROSPECTIVE PETITIONERS PROPOSED RULE FED REG CITE: 56FR10359 PROPOSED RULE PUBLICATION DATE: 03/12/91 NUMBER OF COMMENTS: 0 ORIGINAL DATE FOR COMMENTS: 03/12/91 EXTENSION DATE: I I FINAL RULE FED. ~~G. CI~E: 56FR10359 FINAL RULE PUBLICATION DATE: 03/12/91 NOTES ON: ISSUED AS FINAL RULE.
ATUS FILE LOCATED ON P-1.
F RULE :
PRESS PAGE DOWN OR ENTER TO SEE RULE HISTORY OR STAFF CONTACT PRESS ESC TO SEE ADDITIONAL RULES, (E) TO EDIT OR (S) TO STOP DISPLAY PAGE 2 OF 2 HISTORY OF THE RULE PART AFFECTED: PR-002 RULE TITLE: ASSISTANCE TO PROSPECTIVE PETITIONERS
- ROPOSED RULE PROPOSED RULE DATE PROPOSED RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: I I FINAL RULE FINAL RULE DATE FINAL RULE SECY PAPER: SRM DATE: I I SIGNED BY SECRETARY: 02/26/91 STAFF CONTACTS ON THE RULE CONTACTl: DONNIE H. GRIMSLEY MAIL STOP: P-370 PHONE: 492-7211 CONTACT2: MAIL STOP: PHONE:
PRESS PAGEUP TO SEE STATUS OF RULEMAKING
DOCKET NO. PR-002 (56FR10359)
In the Matter of ASSISTANCE TO PROSPECTIVE PETITIONERS DATE DATE OF TITLE OR DOCKETED DOCUMENT DESCRIPTION OF DOCUMENT
- 03/01/91 02/26/91 FEDERAL REGISTER NOTICE - FINAL RULE
DOCKET NUMBER PROPOSED RULE PR z (5~F;e 10359')
NUCLEAR REGULATORY COMMISSION
- 91 MA -1 P6 :5 7 10 CFR Part 2 RIN 3150 - AD84 Assistance to Prospective Petitioners AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations concerning its procedures for filing a petition for rulemaking with the NRC. The final rule is necessary to clarify the type of assistance that may be provided to a prospective petitioner.
EFFECTIVE DATE: (Upon publication in the Federal Register).
FOR FURTHER INFORMATION CONTACT: Donnie H. Grimsley, Director, Division of Freedom of Information and Publications Services, Offic e of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 492-7211.
SUPPLEMENTARY INFORMATION:
The Administrative Procedure Act (5 u.s.c. 553(e)) requires that each agency give an interested person the right to petition the agency to issue, amend, or repeal a rule. Nuclear Regulatory Commission (NRC) regulations, stated in 10 CFR 2.802, implement t his provision.
Paragraph (b) of S 2.802 establishes procedures by which a member of the public may contact the NRC before filing a petition for rulemaking with the agency. The NRC believes that this type of contact may be helpful in describing the procedure and process
for filing and responding to a petition for rulemaking, clarifying an existing NRC regulation and the basis for that regulation, and assisting the prospective petitioner to clarify a potential petition so that the Commission is able to understand the nature of the issues of concern to the petitioner. These amendments to 10 CFR 2.802 are necessary to clarify the type of assistance that may be provided to a prospective petitioner.
Because these amendments deal solely with agency practice and procedure, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 u.s.c.
553(b) (A). The amendments are effective upon publication in the Federal Register. Good cause exists to dispense with the usual 30-day delay in the effective date because the amendments are of a minor and administrative nature dealing with a matter of agency conduct, the type of assistance that may be provided to a prospective petitioner.
Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22(c) (1).
Therefore neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This final rule contains no information collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 u.s.c. 3501 et seq.).
Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, 2
does not apply to this final rule and, therefore, that a backfit analysis is not required for this final rule, because these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a) (1).
List of Subjects in 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974, as amended, and 5 u.s.c. 552 and 553, the NRC is adopting the following amendments to 10 CFR Part 2.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS
- 1. The authority citation for Part 2 continues to read in part as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended (42 U.S.C.
2201); sec. 201, 88 Stat. 1242, as amended (42 u.s.c. 5841) ****
- 2. In S 2.802, paragraph (b) is revised to read as follows:
§ 2.802 Petition for rulemaking.
(b) A prospective petitioner may consult with the NRC before filing a petition for rulemaking by writing the Director, Freedom of Information and Publications Services, Office of 3
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555, Attention: Chief, Regulatory Publications Branch. A prospective petitioner may also telephone the Regulatory Publications Branch on (301) 492-7086 or toll free on (800) 368-5642.
(1) In any consultation prior to the filing of a petition for rulemaking, the assistance that may be provided by the NRC staff is limited to (i) Descri~ing the procedure and process for filing and responding to a petition for rulemaking; (ii) Clarifying an existing NRC regulation and the basis for the regulation; and (iii) Assisting the prospective petitioner to clarify a potential petition so that the Commission is able to understand the nature of the issues of concern to the petitioner.
(2) In any consultation prior to the filing of a petition for rulemaking, in providing the assistance permitted in paragraph (b) (1) of this section, the NRC staff will not draft or develop text or alternative approaches to address matters in the prospective petition for rulemaking.
Dated at Rockville, Maryland, this.,;lt~ay o f ~ , 1991.
For the Nuclear Regulatory Commission.
J am
- ~ -----
M. Tay l or, cutive Director for Operations.
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