ML20128N427
| ML20128N427 | |
| Person / Time | |
|---|---|
| Issue date: | 11/21/1995 |
| From: | Shelton B NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| To: | Au M NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20128N048 | List:
|
| References | |
| FRN-61FR43406, FRN-61FR43409, RULE-PR-2, RULE-PR-51 AF43-2-014, AF43-2-14, NUDOCS 9610160388 | |
| Download: ML20128N427 (130) | |
Text
,.. A F43 - 2.
o UNITED STATES 8
C i
E NUCLEAR REGULATORY COMMISSION WASHINGTON. D. C. 20555 g /g
% / November 21, 1995 MEMORANDUM TO: Markley Au Office of uclea ulatory Research
- a ~. on, ief FROM:
Inform -ion and Records Management Branch Office of Information Resources Management
SUBJECT:
DRAFT DIRECT FINAL RULE PARTS 2 AND 51 " DELETION OF OUTDATED REFERENCE AND MINDR CLARIFICATION" We have completed our review of the subject rule and have no further information collection concerns. However, we request that you make the corrections that are annotated on the attached pages from the draft Federal Register Notice. We have advised Mike Lesar via separate memorandum of our annotated concerns and that the rule may be released for publication.
Attachment:
As stated cc: M. Lesar. ADM l
1 l
9610160388 961009
, 1F 3406 PDR
the NRC believes that the licensee had already adequately addressed all the ;
issues contained in that notice.
l l
Because the amendments are minor and administrative in nature, good cause exist for the NRC to use a direct final rule process. If the NRC receiveSany public comment letters during the 30-day public comment period ,
stating that they have adverse comments, the NRC will transform this direct final rule to a proposed rule, consider the comments, and publish a final ,
rule. Otherwise, the direct final rule will become effective on [ insert date 1 75 days after publication].
Discussion )
1 A. Deletino outdated references I
S 2.8 Information collection requirements: OMB approval. I l
Paragraph (a) of this section states that the Office of Management and I Budget (0MB) has approved the information collection requirements. Paragraph 1
(b) further states that the approved information collection requirements appear in Appendix C.
Because Appendix C had been deleted from Part 2, there is no longer any information collection requirements contained in this part. Thus, S 2.8 will be amended to state that there i [informationcollectionrequirements contained in this part. It should be noted that the burden for the V-g1 I
3
]
information collection requirements still remainfexcept that the burden is -
~
currently associated with the policy statement, rather than with part 2.
5 S 51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality.
l Paragraph (d) of this section states: "
- - . These actions include 1
issuance of notices, orders, and denials of requests for action pursuant to l subpart B of part 2 of this chapter, matters covered by part 15 and part 160
.% .c :
of this chapter, and any other matters covered by Appendix C to part 2 of this chapter."
Because Appendix C to art 2 had been deleted, this sentence is no long correct. Thus, paragraph (d) will be amended to delete the reference to
] AppendixCtogart2. Furthermore, the actions contained in the former
. AppendixCtopart2,suchasconfirmatoryactionletters, bulletins,IgIneric 9
letters, will be added to the list of actions stated in paragraph (d).
B. Clarifyina S 2.201 S 2.201 Notice of violation.
Paragraph (a) of this section states that, in response to an alleged violation, licensees will be required to submit a written statement in reply tuha4 &
including corrective steps have been taken, corrective stepsz will be taken
,u and the dat ull compliance will be achieved. However, when a licensee h 4
, ... - . - - - - . _ - - - _ - . . - - -- - _~ -- - - -
gt" co mC -
already adequately addressed the issues contained in the notice of violation, such a written statement may unnecessary. To clarify this position,
- paragraph (a) will be amended to replace the existing phrase "will be 1
' 4 required" by a new phrase "may be required." This change will clarify that the NRC may use discretion to not require a written statement if the NRC 1 i '
believesthatthelicenseehafalreadyadequatelyaddressedalltheissues
! contained in that notice.
- ==-.
97 i ,
l Electronic Access Comments may be submitted electronically, in either ASCII text or 1
Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a ,
personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number (800) 303-9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and data bases also have a " Help /Information Center" option that is tailored to the particular subsystem.
5
4 I
l The NRC subsystem on FedWorld can also be accessed by a direct dial j phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via j Internet: fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC j subsystem will be accessed from the main FedWorld menu by selecting the i
l
" Regulatory, Government Administration and State Systems," then selecting i " Regulatory Information Hall." At that point, a menu will be displayed that i
j has at otion "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online 5- main 3enu. he NRC Online area also can be accessed directly by
! typing "/go nrc" 5 a FedWorld command line. If you access NRC from i
FedWorld's main menu, u may return to FedWorld by selecting the " Return to FedWorld" option from th NRC Online Main Menu. owever, if you access NRC at i ..
l FedWorld by using NRC's toll-free number, you will have full access to all NRC e
systems, but you will not have access to the main FedWorld system.
! If you contact FedWorld using Telnet, you will see the NRC area and
! menus, including the Rules Menu. Although you will be able to download ,
e 1
l documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be 1
l accessed and downloaded but uploads are not allowed; all you will see is a l list of files without descriptions (normal Gopher look). An index file
?
j listing all files within a subdirectory, with descriptions, is available.
! l There is a 15-minute time limit for FTP access.
l Although FedWorld also can be accessed through the World Wide Web, like FTP that mode only provides access for downloading files and does not display -
f the NRC Rules Menu.
6 l
i e I
i
, 10161, 10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy i
Act of 1982, sec 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, l and 51.109 also under Nuclear Waste Policy Act of 1982, see 114(f), 96 Stat.
i i 2216, as amended (42 U.S.C. 10134(f)).
l l
l S 51.10 [ Amended]
i
- 6. Section 51.10(d) is revised to read as follows:
I l'
- (d) Commission actions initiating or relating to administrative or j judicial civil or criminal enforcement actions or proceedings are not subject
- to section 102(2) of NEPA. These actions include issuance of notices, orders, and denials of requests for action pursuant to subpart B of gart 2 of this e
chapter; matters covered by part 15 and part 160 of this chapter; and issuance
~ .::-
l of confirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance.
j Date at Rockville, Maryland, this day of , 1995.
For the Nuclear Regulatory Commission.
I i
James M. Taylor, i
j Executive Director for Operations.
i 12
[I J'
4F 43 ,1-I
/7 b $ C &>~vac+@3R
/k/7f$[ *
[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 51 Deletion of Outdated References and Minor Clarification RIN 3150-AF43 Nuclear Regulatory Commission.
- AGENCY:
g fcfpu l
l
' 'q ()hok f*clah@ lw l.v w! 'f
/t 10,hg e7,D t
ACTION: Direct final rule.
i 1
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations l ***
to delete outdated references. This amendment also/c"Jarifies-that the NRC may i use discretion to not require a written statement from a licensee in-response-
- rt ahf~
.to-a-notice-of violatio(n'pif the NRC believes that the licensee p haj[ already l adequately addressed all the issues contained in that notice. Th+s-action-i s ,
5#
- necessary10 dMete oWatedTdYerences and cJsMTy the Ummissibn*spM(
regulations. O DATE: This final rule is effective on [ insert date 75 days after publication]
unless someone submits adverse comments. Submit comments by [ insert date 30
- days after publication]. If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch.
i l Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays.
Examine copies of comments received at: The NRC Public Document Room, l 2120 L Street NW (Lower Level), Washington, DC. !
- I j FOR FURTHER INFORMATION CONTACT
- M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6181. E-Mail: INTERNET:MLA0NRC. GOV. I SUPPLEMENTARY INFORMATION:
Background
The NRC has recently deleted Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995), because the Enforcement Policy is not a regulation . This deleted information has been published as a policy statement entitled " General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy," (June 30, 1995; 60 FR 34381).
However, there are two sections (55 2.8(b) and 51.10(d)) in the Commission's regulations where Appendix C to Part 2 are still referenced.
.This rulemaking deletes both outdated references. This rulemaking also u>,a,ath p pva u-clartfies-in 5 2.201, " Notice of Violation,".1 that the NRC may use discretion to not require a written statement from a licensee in response to a notice of 2
violation if the NRC believes that the licensee h/ already adequately addressed all the issues contained in that notice.
l Because the NRC considers these amendments minor and administrative in nature, the NRC is approving this action without prior notice. The action vill become effective on (75 days from date of publication). However, if the l 990 a-r-f l
SNRC receivesydverse comments by (30 days from date of publication), the NRC M will publish a document that withdraws this action, and will address the
- y. :[t
' (0 9v f'commentsreceivedinresponsetotherequestedrevisionswhichhavebeel
/ proposed for approval in the proposed rule section of the Federal Register.
b.. If adverse comments are received in response to this action, the comments will p<4 w pd' be addressed in a final rule published in response to this action. The NRC
, will not initiate a second comment period on this action.
Discussion Section 2.8 Information collection requirements: OMB approval.
Section 2.8 (a) currently states that the Office of Management and Budget (0MB) has approved the information collection requirements. Section 2.8 (b) states that the approved information collection requirements appear in Appendix C. Because Appendix C had been deleted from part 2, there are no longer any information collection requirements contained in this part. Thus, i 2.8 is amended to state that there are no information collection i
requirements contained in this part. It should be noted that the burden for 6 _
. ye k{ye-fthe information collection requirements still rem
. . . .d ,
V "4W d y pu+g-
/dfA1 e;
l l
is currently associated with the policy statement (June 30, 1995; 60 FR 34381), rather than with part 2.
Section 51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality.
Section 51.10 (d) currently states, "These actions include issuance of notices, orders, and denials of requests for action pursuant to subpart 8 of part 2 of this chapter, matters covered by part 15 and part 160 of this chapter, and any other matters covered by Appendix C to part 2 of this coukw:s e-chapter." BecauseAppendixCtopart2 hap,5 been deleted, this sentence is-no pW N I.jetwrutIdnger-correctThus, 5 51.lf/(d) is amended by deleting the reference to 7;sbcd ,iahouw MM Appendix C to part 2.
Fur 4hermoreAhe-actions (cont n em +4ned ep in the former
,cu,Mra Appendix C to part 2, suc as= conf:irma_ s tory _ action lettersr bulletinsrand-n w il u . , a aa. f f/, to generic lettersy a.re adde ;trthf-4a Tiit t actions stated in paragraph (d).
Section 2.201 Notice of violation. .
lm;g,snopGvfwn PVy 4 4lm4ect gr ce sti u- g' & " " k ' 'i*' " "
l Section 2.201 (a) currently states that, in response to a notice vf violation, licensee ill be required to subrat a written statement in reply including corrective steps that have been taken, corrective steps that will be gw~
taken, and .the date full compliance will be achieved. However, when a 7 atw, gun 4 y u>s,t %
licenseehasalreadyadequatelyaddressed/'theissuescontainedinthenotice F
of violation, sw.h4 written statement ma[becue unnecessary. To clae4f-y <~ /Efc this positio , paragraph (a) is amended to replace the exnting phrase "will ex:cw be required by "may be required." This change clarifies that the NRC may use
,f?Okh Wfa n ~. IV' I f
+ g[a Ww a f)
i a
discretion to not require a written statement if the NRC believes that the licensee has already adequately addressed all the issues contained in that notice. g of3 gg,q Electronic Access i
! Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number (800) 303-9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and data bases also have a " Help /Information Center" option that is tailored to the particular subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via Internet: fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the 5
. - - - - . - - - . _ . . - . . . _ - . . . - - - . . - - . - . - . - . - . . - . ~ - . . - _ -
l 4
4 .
! " Regulatory, Government Administration and State Systems," then selecting l
i " Regulatory Information Mall." At that point, a menu will be displayed that i has an option "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online h in Menu. The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld command line. If you access NRC from l FedWorld's main menu, you may return to FedWorld by selecting the " Return to l
FedWorld" option from the NRC Online Main Menu. However, if you access NRC at '
l FedWorld by using NRC's toll-free number, you will have full access to all NRC systems, but you will not have access to the main FedWorld system. !
4 l If you contact FedWorld using Telnet, you will see the NRC area and I
- menus, including the Rules Menu. Although you will be able to download I
j documents and leave messages, you will not be able to write comments or upload i
i files (comments). If you contact FedWorld using FTP, all files can be i
accessed and downloaded but uploads are not allowed; all you will see is a i list of files without descriptions (normal Gopher look). An index file i
i listing all files within a subdirectory, with descriptions, is available.
f There is a 15-minute time limit for FTP access.
4 Although FedWorld also can be accessed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display j the NRC Rules Menu.
i
! For more information on NRC bulletin boards call Mr. Arthur Davis, i
Systems Integration and Development Branch, NRC, Washington, DC 20555, j telephone (301) 415-5780; e-mail AXD30nrc. gov.
t i
! 6 y r-ey y- -
w - --
- = . - -_ _ - - . .- - -. -- - .. . - . . . - .-.-
)
4' Environmental Impact: Categorical Exclusion 4
j The NRC has determined that this direct final rule is the type of action a g e e- ,. # 1 a~.C. 5'/, z z. cT Q, ,
described M categorical exclusion 10 CFR(S51,22(c)(R). Therefore, n(eith(er an l l
l environmental impact statement nor an environmental assessment has been l l
j prepared for this direct final rule.
l Paperwork Reduction Act Statement This direct final rule contains no information collection requirements, and therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements that have been approved by the Office of Management and Budget, approval number 3150-0136, have been transferred to NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy.
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
7
l
[ Regulatory Analysis i
1 A regulatory analysis has not been prepared for this direct final rule 4
. because s direct final rule is considered a minor, non-substantive
- amendmentandhashconomicimpactonNRClicenseesorthepublic.
Mb f % % - l} a .Hl4ta M - /tuwz n. c/de,puun l my inf b yu n n pu L c~
w a s (dli a Backfit Analysis i
The NRC has determined that the backfit rule, 10 CFR 50.109, does not I $ o-il n apply to this direct final rule because these amendments do not involve any E*[Mg.
provisions which would impose backfits as defined in 10 CFR 50.109(a)(1). O Therefore, a backfit analysis is not required for this direct final rule.
tut #"p fpr Subject Terms for 10 CFR Part 2
"[a fIf
,pf &
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.
Subject Terms for 10 CFR Part 51 Administrative practice and procedudre, Environmental Impact statement, Nuclear power plants and reactors, Reporting and recordkeeping requirements.
8
i i
- For 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 l1 as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following i j amendments to 10 CFR parts 2 and 51.
i i
I ,
j PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS i
j AND ISSUANCE OF ORDERS l
- 1. The authority citation for part 2 continues to read as follows:
AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C.
2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C.
2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.
Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. Il4(f), Pub. L.97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 (42 , S.C. 2239). Sections 2.200-2,206 also issued under secs.
161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C.
5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 9
_ _ _ . . _ . _ _ - . _ _ _ _ . _ . . . _ _ . _ = _ . _ . _ . _ . _ . _ _ _ _ . _ _ _ _ . _ . . . . _ _ . _ _ _
i i
U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L.97-425, i
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552.
i l Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also i
j issued under 5 U.S.C. 553 and sec. 29, Pub. L.85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 j (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154). l j Subpart L also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also usued under sec. 6, Pub. L.91-560, 84 Stat.1473 (42 U.S.C. 2135). l l Appendix B also issued under sec. 10, Pub. L.99-240, 99 Stat. 1842 (42 U.S.C. l 2021b et seq.). l
- 2. Section 2.8 is revised to read as follows:
1 I
i 2.8 Information collection reauirements: OMB approval.
This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
l
- 3. In 5 2.201 paragraph (a) is revised to read as follows:
5 2.201 Notice of violation.
i (a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the 10
l l
l Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a '
separate notice may be omitted if an order pursuant to 5 2.202 or demand for information pursuant to 5 2.204 is issued that otherwise identifies the
- apparent violation. The notice of violation will concisely state the alleged
- i violation and may require that the licensee or any other person submit, within
- twenty (20) days of the date of the notice or other specified time, a written explanation or statement in reply including
(1) Corrective steps which have been taken by the licensee or other l
l person and the results achieved; I
. (2) Corrective steps which will be taken; and i (3) The date when full compliance will be achieved. ,
~
I
. * * * *
- 1 l
PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND j
- RELATED REGULATORY FUNCTIONS
- 4. The authority citation for Part 51 continues to read as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2952, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat.
11 1
i 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 141,. Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat.
i 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec i
121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)).
- 5. In 5 51.10, paragraph (d) is revised to read as follows
I
! 1 51.10 Purpose and scope of subpart: Applications of regulations of Council
! on Envirnomental Quality i
4 i i l
- * * *
- I i
(d) Commission actions initiating or relating to administrative or j judicial civil or criminal enforcement actions or proceedings are not subject 3
to section 102(2) of NEPA. These actions include issuance of notices, orders, i
12
and denials of requests for action pursuant to subpart B of part 2 of this chapter; matters covered by part 15 and part 160 of this chapter; and issuance of confirmatory action letters, bulletins, generic letters, notices of )
deviation, and notices of nonconformance. l I
i Date at Rockville, Maryland, this day of ,'1995.
For the Nuclear Regulatory Commission. l
- James M. Taylor, l 1
j Executive Director for Operations.
i l
l l
i 4
13 i
DRAFT
[7590-01-P]
NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 51 N< p e. .
Deletion of Outdated References and Minor Clarificat4sn RIN 3150-AF43 AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
SUMMARY
- The Nuclear kegulatory Commission (NRC) is amending its regulations to delete outdated references. This amendment also c4:rific jif4?]ddithat the NRC may use discretion to not require a written statement from a licensee ir re pente te : notice of vic1 tien 6f@thsydfs6iilt[o3hbm][sih6t}{sidf y@]lt]bjihjyjbe5Kijehtlif the NRC believes that the licensee b@thigpsfi6ii hads already adequately addressed all the issues contained in that notice.
Thi: action is neccc ary te delete cutdated reference: :nd clarify the Ccristien's regulations.
l DATE: This final rule is effective on [ insert date 75 days after publication]
unless someone submits adverse comments. Submit comments by [ insert date 30 )
days after publication]. If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch.
1 I
I l
Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays.
Examine copies of comments received at: The NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone i (301) 415-6181. E-Mail: INTERNET:MLA@NRC.G0V.
l l
SUPPLEMENTARY INFORMATION:
Background
)
l The NRC has recently deleted Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995), because the Enforcement Policy is not a regulation . This deleted information has been published as a policy statement entitled " General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy," (June 30, 1995; 60 FR 34381).
However, there are two sections (55 2.8(b) and 51.10(d)) in the Commission's regulations where Appendix C to Part 2 are still referenced.
l This rulemaking deletes both outdated references. This rulemaking also c!:rifics in pros / ides 5 2.201, " Notice of Violation," tom) vide' that the NRC may use discretion to not require a written statement from a licensee in l 2
response to a notice of violation if the NRC believes that the licensee had already adequately addressed all the issues contained in that notice.
l 1
Because the NRC considers these amendments minor and administrative in nature, the NRC is approving this action without prior notice. The action ;
i will become effective on (75 days from date of publication). However, if the i y NRC receives adverse comments by (30 days from date of publication), the NRC l 1
- will publish a document that withdraws this action, and will address the '
i comments received in response to the requested revisions which have been i proposed for approval in the proposed rule section of the Federal Register.
] If adverse comments are received in response to this action, the comments will l be addressed in a final rule published in response to this action. The NRC
- will not initiate a second comment period on this action.
i 4
Discussion Section 2.8 Information collection requirements: 0MB approval.
Section 2.8 (a) currently states that the Office of Management and Budget (OMB) has approved the information collection requirements. Section 2.8 (b) states that the approved information collection requirements appear in Appendix C. Because Appendix C had been deleted from part 2, there are no longer any information collection requirements contained in this part. Thus, i 2.8 is amended to state that there are no information collection requirements contained in this part. It should be noted that the burden for the information collection requirements still remains except that the burden 3
l l
l' is currently associated with the policy statement (June 30, 1995; 60 FR 34381), rather than with part 2.
l l
Section 51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality.
l Section 51.10 (d) currently states, "These actions include issuance of notices, orders, and denials of requests for action pursuant to subpart B of part 2 of this chapter, matters covered by part 15 and part 160 of this chapter, and any other matters covered by Appendix C to part 2 of this chapter." Because Appendix C to part 2 hads been deleted, this sentence 4s-no longer correct cbntai.ns7anlincofrectifsfer6ncfd. Thus, 5 51.10 (d) is amended by deleting the reference to Appendix C to part 2. Furthermerc,the,Instiiy MfogsmsntMelat_6d actions contained ofithsitypifidentifipd in the former 1
Appendix C to part 2, such : confirmatory action letters, bulletins, and generic letters, are wilRbe added, asyamplis} to the list of actions stated inparagraphlj;5.ly10(d).
Section 2.201 Notice of violation.
Section 2.201 (a) currently states that, in response to a notice of violation, a licensees Mothir2p6Fson210bjsstitol[thiQijEisdictich[ofiths; C6imsiplo[toiwhl6m?QotiM6ffVioljp6nihWbein'[sent will be required to submit a written statement in reply including corrective steps that have been taken, corrective steps that will be taken, and the date shiri full compliance will be achieved. However,whenalicenseebMbtheQefsbnhasalready 4
l 4
adequately addressed jhWriting the issues contained in the notice of i
i violation, such c thyllitihieelyMtheMperion3hisfilFeadflinieffedt'}
[Nhynded[t0{tlel)[fiblattspihd%f6Fthshwrittenstatementmaybecome i unnecessary. To clarify this position, paragraph (a) is amended to replace
- the existing phrase "will be required" by "may be required." This change l clarifies pfdtide^s' that the NRC may use discretion to not require a written statement if the NRC believes that the licensee bQtheQpsFi66 has already j adequately addressed all the issues contained in that notice.
I Electronic Access T
Comments may be submitted electronically, in either ASCII text or l
WordFerfect format (version 5.1 or later), by calling the NRC Electronic i Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications l software packages, or directly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC rulemaking subsystem on
- FedWorld can be accessed directly by dialing the toll free number (800) 303-1
- 9672. Communication software parameters should be set as follows
- parity to j none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100
) terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." Users will find
- the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems 4
5
e and data bases also have a " Help /Information Center" option that is tailored I to the particular subsystem.
The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via Internet: fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting
" Regulatory Information Mall ." At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online Main Menu. The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may return to FedWorld by selecting the " Return to FedWorld" option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems, but you will not have access to the main FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules Menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory with descriptions, is available.
There is a 15-minute time limit for FIP access.
Although FedWorld also can be accessed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu.
6
c For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD30nrc. gov.
l Environmental Impact: Categorical Exclusion The NRC has determined that this direct final rule ,is the type of action described 4n iMa categorical exclusion jj 10 CFR 55 51.fd(c)60 {1)l;and 51522(E);(2)'. Therefore, neither an environmental impact stat #nent nor an environmental asscssment has been prepared for this direct final rule.
1 Paperwork Reduction Act Statement This direct final rule contains no information collection requirements, and therefore, is not subject to the requirements of the Paperwork Reduction ;
Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements that have been approved by the Office of Management and Budget, approval number 3150-0136, have been transferred to NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy.
Public Protection Notification l l
The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid l l
OMB control number. '
l 7 l 1
i
I I
Regulatory Analysis
]
A regulatory analysis has not been prepared for this direct final rule because this direct final rule is considered a minor, non-substantive amendment and has no economic impact on NRC licensees or the public.
i Backfit Analysis ;
The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this direct final rule because these amendments do not involve any provisions which would impose backfits as defined in 10 CFR 50.109(a)(1).
Therefore, a backfit analysis is not required for this direct final rule.
Subject Terms for 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.
Subject Terms for 10 CFR Part 51 Administrative practice and procedudre, Environmental Impact statement, Nuclear power plants and reactors, Reporting and recordkeeping requirements.
8
For reasons set out in the preamble and under the authority of the t
l Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974
] as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51.
PART 2 - RULES OF PRACTICE FOR DOMESTIC LI' CENSING PROCEEDINGS i AND ISSUANCE OF ORDERS
} ,
1 !
- 1. The authority citation for part 2 continues to read as follows:
AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. l 2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C. 4 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552. l Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L.97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 1
2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L.97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs.
161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C.
5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 9
1 1
l l
l U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L.97-425, l 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under i sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552.
i Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L.85-256, 71 Stat. 579, as ,
1 4
amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).
Subpart L also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L.91-560, 84 Stat. 1473 (42 U.S.C. 2135).
Appendix B also issued under sec.10, Pub. L.99-240, 99 Stat.1842 (42 U.S.C.
2021b et seq.).
I
- 2. Section 2.8 is revised to read as follows:
1 j_2.8 Information collection reauirements: OMB approval.
This part contains no information collection requirements and therefore l is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.),
- 3. In i 2.201 paragraph (a) is revised to read as follows:
5 2.201 Notice of violation.
(a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the 10
l Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a separate notice may be omitted if an order pursuant to i 2.202 or demand for information pursuant to i 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged violation and may require that the licensee or any other person submit, within twenty (20) days of the date of the notice or other specified time, a written explanation or statement in reply including:
(1) Corrective steps which have been taken by the licensee or other person and the results achieved; (2) Corrective steps which will be taken; and (3) The date when full compliance will be achieved.
PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 4. The authority citation for Part 51 continues to read as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat, 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat.
11
i 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also l issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec.
f 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168).
j Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat.
i 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec 1
121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)).
! 5. In 5 51.10, paragraph (d) is revised to read as fol!s's:
i 5 51.10 Purpose and scope of subpart: Applications of regulations of Council l
- on Envirnomental Quality
- (d) Commission actions initiating or relating to administrative or
- judicial civil or criminal enforcement actions or proceedings are not subject to section 102(2) of NEPA. These actions include issuance of notices, orders, l
)
4 12 w .
i and denials of requests for action pursuant to subpart B of part 2 of this
- chapter; matters covered by part 15 and part 160 of this chapter; and issuance 4
of confirmatory action letters, bulletins, generic letters, notices of rieviation, and notices of nonconformance.
j l
4 Date at Rockville, Maryland, this day of , 1995.
I For the Nuclear Regulatory Commission.
James M. Taylor, Executive Director for Operations.
13
- 0) L h Y" 0
\ 1 Regulatory Analysis l 4(> L This direct final rule deletes an outdated reference and provides that 'g
)
the NRC may use discretion to not require a written statement from a licensee if the NRC believes that the licensee has already adequately addressed all the issues contained in a notice of violation. Deleting the outdated reference will have no impact on licensees, the NRC, or the public. Providing the discretion to NRC will reduce the burden for preparing unnecessary reports by licensees and for reviewing these reports by the NRC without compromising the public health and safety. However, it is impossible to quantify the reduction s
in burden because the number of discretion to be authorized cannot be x estimated. Therefore, the burden under the direct final rule would be at most equal, but probably less than, the burden under the existing regulations.
Based on the above discussion, the NRC concludes that the direct final rule should be promulgated.
I l
l I
1
f /$ f- /-/-3 D l 00C '7D R. j- 6
,,j ,1yd >5 d 6, Y
'weM r Y
[7590-01-P]
i NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 51 Deletion of Outdated References and Minor Change RIN 3150-AF43 (2*
AGENCY: Nuclear Regulatory Commission. g l'M hil g f4 ACTION: Direct final rule, g g I'l
SUMMARY
- The Nuclear Regulator Commission (NRC) is amending its regulations to delete outdated references This a dheniksoclari'ic:pPoiide5~that ccydkq4ktgegrcwpk y " '
the NRC may use discretion ,c not ,equire-= - '" --
a licensee /
n ,
,- 4n re pens -to a-not4w-of.v%hMea iphdWhepsbnits$honiTilndttheTof .
lpy g wast sabn2 Vds.Lu ca elGuM~sYit&d M.Mf go.
Rio]atioQi;sibee;n.;[siritdf the NPC bel %ies that the licensee K;otheMdfsori 4
had already adequately kddre: sed all the issues contained in that notice, A~f fb u)nb
-Th re.sp:nutsg:ma.q i: Oction . nec. :ry te delete ut be, rw rejreference:
cut:sted . :nd clarify the
- w. um. , .m m a , u m ,
jfgute } $ EA i
DATE: This final rule is effective on (insert date 75 days after publication]
m ;n,(,c A ~
Adverse comments. Submit comments by [ insert date 30 unless someone submits /
days after publication). If the effective date is delayed, timely notice will be published in the Federal Register.
ADDRESSES: Mail written .ommen'.s to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch.
e
l l
Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays.
Examine copies of comments received at: The NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC.
FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6181. E-Mail: INTERNET:MLA@NRC.G0V.
1 1
- SUPPLEMENTARY INFORMATION
Background
The NRC has-recentlydeleted Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995), because the Enforcement Policy is not a regulation . This deleted information has been published as a policy statement entitled " General l
Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy," (June 30, 1995; 60 FR 34381).
i However, there are two sections (il 2.8(b) and 51.10(d)) in the l Commission's regulations where Appendix C to Part 2 are still referenced. I l
l This rulemaking deletes both outdated references. This rulemaking also l pw nds clarific: 'rprovidesi2.201,"NoticeofViolation,"tFy' ovide'thattheNRC '
l may use discretion <e9w&3 tu nulIlu u A we17 requa h j c-f o ns c. '
a wriften]<4ta.cment from a licensee M l
l l
l 1
! l l
[ g: : .: to a notice of violationIf the NRC believes that the licensee b /
already respc,ns es adequateg5 vtot be r~c40M -addressed all the
, I l b h1 y-Because he NRC considers these amendments minor,and administrative in p) 3yluta 70 !a toenhwwcA i The action nature,theNRCisapprovingthisactionpithoutprbrnotice.
w a deu / afAu(L.
will become effective on (75 days from date of publication). However, if the 3, s lic W NRC receives adderse comments .by (30 days from date of publication), the NRC A
l will publish a document that withdraws this action, and will address the comments received in response to the requested revisions which have been proposed for approval in the proposed rule section of the Federal Register. l If adverse comments are received in response to this action, the comments will be addressed in a final rule published in response to this action. The NRC will not initiate a second comment period on this actic .
l l
Discussion Section 2.8 Information collection requirements: 0MB approval.
Section 2.8 (a) currently states that the Office of Management and Budget (OMB) has approved the information collection requirements. Section 2.8 (b) states that the approved information collection requirements appear in 4
Appendix C/g jo rfA phe 2- ,BecauseAppendixCha$beendeletedfrompart2,the longer any information collection requirements contained in this part. Thus, i 2.8 is amended to state that there are no information collection requirements contained in this part. It should be noted that the burden for i
l the information collection requirements still remains except that the burden
! 3
is currently associated with the policy statement (June 30, 1995; 60 FR 34381), rather than with part 2.
Section 51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality.
Section 51.10 (d) currently states, "These actions include issuance of notices, orders, and denials of requests for action pursuant to subpart B of part 2 of this chapter, matters covered by part 15 and part 160 of this chapter, and any other matters covered by Appendix C to part 2 of this
/tHFA chapter." Because Appendix C to j part 2 had been deleted, this sentence 4s-no t
lenger correct contiinsiahlinc6rtectTFeferen;cel. Thus, 5 51.10 (d) is amended by deleting the reference to Appendix C to,/WA part 2. Furthermere,the.Instsad,.!
I enforcementArelated actions cent:ined offthsitype;s;id.entified in the former I a lff Appendix C to part 2, such c: confirmatory action letter:, bullctin:, :nd A
gener4r letters, :re Willjbs added, as'examplep to the list of actions stated inparagr:phlj51110(d).
4 Section 2.201 Notice of violation.
- Section 2.201 (a) currently states that, in response to a notice of violation, a licensees (Mothiffersdn;ssiAjectitoj;theyurisdMtionlofithe
.Commis51lonitlEwhbmla]notthe16fM1b;lation;[his';;hessisent wil1 be required to submit a written statement in reply including corrective steps that have been taken, corrective steps that will be taken, and the date sheh full compliance will be achieved. However,whenalicenseeorj;othbr@drsonhasalready 4
i
adequatelyaddressed}Mjr;jtihgtheissuescontainedinthenoticeof violation, :ech : thi}{iseWiedliiG6theRpifson;]hi@fsadfiiMsffepQ yespyhdeditWthpiliolatishl)ndifffufthefwrittenstatementmaybecome unnecessary. To clarify this position, paragraph (a) is amended to replace This chan the existing phrase "will be required" by "may be vc required." et N6ifbe ef S cl:ri'ic: pF6pides that the NRC may use discretion . net4pyd Ay 4 written
.cqu i.
statement if the NRC believes that the licensee gjthbMpitsoy has already adequately addressed all the issues contained in that notice.
Electronic Access Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number (800) 303-9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems 5
/
k l
and data bases also have a " Help /Information Center" option that is tailored i l to the particular subsystem.
, The NRC subsystem on FedWorld can also be accessed by a direct dial )
phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via Internet: fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC I subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting
" Regulatory Information Mall." At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the i
l NRC Online Main Menu. The NRC Online area also can be accessed directly by l
- typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may return to FedWorld by selecting the " Return to FedWorld" option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems, but you will not hr.ve access to the main FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules Menu. Although you will De able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be l
accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is available.
There is a 15-minute time limit for FTP access.
Although FedWorld also can be accessed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu.
6
For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555, j telephone (301) 415-5780; e-mail AXD3@nrc. gov.
i l
i Environmental Impact: Categorical Exclusion l l The NRC has determined that this direct final rule is the type of action i described 4e si;a categorical exclusion }610 CFR ll 51.22(c)fM-);(1){ind l 51T22(c);(2)'. Therefore, neither an environmental impact statement nor an ,
I environmental assessment has been prepared for this direct final rule.
?
Paperwork Reduction Act Statement l This direct final rule contains no information collection requirements, and therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements that have been l approved by the Office of Management and Budget, approval number 3150-0136, have been transferred to NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy.
Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
7 e
=__ - .. - - - - -
d Regulatory Analysis This direct final rule deletes an outdatgc f d provides that re *F (eg the NRC may use discretion t.prdIhg iks4mM, re erence ;;;;nY from a licensee annot
/
o r o + kr ersm iftheNRCbelievesthatthelicenseehasalr[adyadequatelyaddressedallthe /
A issues contained in a notice of violation. Deleting the outdated reference will have no impact on licensees, the NRC, or the public. Providing the discretion to NRC will reduce the burden for preparing uanecessary reports by licensees and for reviewing these reports by the NRC without compromising the public health and safety. However, it is impossible to quantify the reduction in burden because the number of discretions to be authorized cannot be estimated. Therefore, the burden under the direct final rule would be at most equal, but probably less than, the burden under the existing regulations.
Based on the above discussion, the NRC concludes that the direct final rule should be promulgated.
y n
,/- L p?
(7$
lP '
f 'i Backfit Analysis ([ 'p /
p~l hky'.T . ,
4; JK n /x dfif *_that.gbackf-it-rule,fLCE J
. The NRC has determined )
apply _to thisJirect-final-rule buause these amendments do not involve any
}f provisions which would impose backfits as defined in 10 CFR 50.109(a)(1). /gy qg, Therefore,_a backfit_analysisJ s-notaequired for__this-direct finaLrule.
4 8
i
Subject Terms for 10 CFR Part 2 )
i Administrative practice and procedure, Antitrust, Byproduct material, ;
l Classified information, Environmental protection, Nuclear materials, Nuclear 1 power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, waste treatment and disposal. I l Subject Terms for 10 CFR Part 51 l
Administrative practice and procedure, Environmental Impact statement, l Nuclear power plants and reas. tors, Reporting and recordkeeping requirements. i For reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51. l PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS k
- 1. The authority citation for part 2 continues to read as follows:
AUTHORITY: Secs.161,181, 68 Stat. 948, 953, as amended (42 U.S.C.
~
2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C.
2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.
I Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 9
e
i j
i 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L.97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, Pub. L.91-190, 83 Stat. 853, as amended (42 b.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections l 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 4
- 2134, 2135, 2233, 2239). Section 2.105 also issued unde. Pub. L.97-415, 96 l Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs.
161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (1), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C.
5846). Sections 2.600-2.606 also issued under sec.102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.76,0, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552.
Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).
Subpart L also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L.91-560, 84 Stat.1473 (42 U.S.C. 2135).
Appendix B also issued under sec.10, Pub. L.99-240, 99 Stat.1842 (42 U.S.C.
2021b et seq.).
10
.=
- 2. Section 2.8 is revised to read as follows:
5 2.8 Information collection reauirements: OMB approval.
This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
gs'
- 3. In i 2.201 paragraph (a) is revised to read as follows: pS 4
5 2.201 Notice of violation. g
.s*
(a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a / C od separate notice may be omitted if an order pursuant to i 2.202 or demand for -
information pursuant to i 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged violation and may require that the licensee or my other person submit, within v d'4 twenty (20) days of the date of the notice or other specified time, a written
'z e
6 de Com w 3,b behe/cs u a.t flu:. hausco. ha s u t .
explanation or statement in reply, including: a a d ressed at He (S ud
.u de at,'cr e F (1) Corrective steps which have been taken by the licensee or other >
person and the results achieved; (2) Corrective steps which will be taken; and (3) The date when full compliance will be achieved.
11 i
- 2. Section 2.8 is revised to read as follows:
5 2.8 Information collection reauirements: OMB approval.
This part contains no information collection requirements and therefore l is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). l l
- 3. In 5 2.201 paragraph (a) is revised to read as follows:
5 2.201 Notice of violation.
(a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a l l
separate notice may be omitted if an order pursuant to i 2.202 or demand for 1
information pursuant to 5 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged i violation and may require that the licensee or ear other person submit, within /
twenty (20) days of the date of the notice or other specified time, a written W &c Comasch behe/cs n a.t the hawsco has ut .
explanation or statement in reply ^ including: ohm M d re ed SU,H e <55043 w - .u + c ana gf (1) Corrective steps which have been taken by the licensee or other >
person and the results achieved; (2) Corrective steps which will be taken; and (3) The date when full compliance will be achieved.
11
PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 4. The authority citation for Part 51 continues to read as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat.
2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 141, Pub. L.07-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat.
3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, see 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)).
- 5. In i 51.10, paragraph (d) is revised to read as follows:
5 51.10 Purpose and scope of subpart: Applications of regulations of Council on Environmental Quality 12 i
(d) Commission actions initiating or relating to administrative or judicial civil or criminal enforcement actions or proceedings are not subject to section 102(2) of NEPA. These actions include issuance of notices, orders, and denials of requests for action pursuant to subpart B of part 2 of this chapter; matters covered by part 15 and part 160 of this chapter; and issuace of confirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance.
Date at Rockville, Maryland, this day of , 1996.
For the Nuclear Regulatory Commission.
James M. Taylor, Executive Director for Operations.
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1 I NUCLEAR REGULATORY COMMISSION .
- fC 10 CFR Parts 2 and 51 6 0 f} f fgfg h6db Deletion of Outdated References and Minor Change Wf ' /o < dM O' RIN 3150-AF43 g , ,m I tta t-y.77tgrx.
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p to f44 m AGENCY: Nuclear Regulatory Commission, glzj7tuttk f/
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N ACTION: Direct final rule. / e p h'd W gig}f gcahr7?(p h l]je
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SUMMARY
- TheNuclearRegulatoy/ Commission (NRC) is amending its regulations sAu
'/'
to delete outdated references. This r en N so clarific #{F6Videi th
- ~ ~ ~
theNRCmayusediscretion.cnotgML reph'n . equire-24 g p rt w a t
-- e r : n - _ _. _ ... a licensee
/\
/
4n re: pense te h noticewastof viclation /
sobnd V BR?btYyjerioEtbWh6nifiWibt'iEeT6fese1&C1Lh C 6F
[DF g; S Iiolittion!hlybsehfist[Tf the NRC believes that the licensee 6Hby.6edyyrioji A
had already adequately addressed all the issues contained in that notice, A'r*hW wn A Thi: rtsp:ensu)::mq action . nec. :ry tenot be,cutcated delete ree redreference:
. and clarify the Cc=i::icn'c regul: iener ,
g jfg $4Mfw" 'l )
DATE: This final rule is effective on [ insert date 75 days after publication]
M n > (.c owf" unless someone submitsjhdverse comments. Submit comments by (insert date 30 days after publication]. If the effective date is delayed, timely notice will be published in the federal Register.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch.
. . _ - - - - . - J
i .'
l Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays.
1 i
Examine copies of comments received at: The NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC.
l FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6181. E-Mail: INTERNE T:MLA0NRC.G0V.
SUPPLEMENTARY INFORMATION:
Background
TheNRChasrecently'[deletedAppendixC,"GeneralStateme and Procedure for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995), because the Enforcement Policy is not a regulatio ( This deleted information has been published as a policy stateaent entitled " General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy," (June 30, 1995; 60 FR 34381).
o L.$
However, there are two sections (55 2.8(b) and 51.10(d)) in the A g5 Commission's regulations where Appendix C to Part 2,ar'e still referenced.
This rulemaking dele,tes both outdated references. This rulemaking also t
pmwds ch ri# ice d-F~jVides 5 2.201, " Notice of Violation," to # ovide ~ that the NRC
+
may use discretionvreyrding ffa saw$dj tenot require a krTften]ccqon%
et L = =t- from a licensee 4
?
2
4
-response to a notice of violationIf the NRC believes that the licensee /
already adequatel addressed all the issues contained in that notice, further cardb1 res pe;ns cs 39 not bc rego * -
~
e a c ' ' y h1 ,
pBecauseJhe.NRC mal amendments ^ administrative in
) A D9 M f d, considers D b p e6these I minor nature, the NRC is approving this actiongithout prijir gotice. The action as a. &u t tw& Au&.,.
will become effective on (75 days from date of publication). However, if the 3, d d O ~ t*~
- NRC receives A adferse comments by (30 days from date of publication), the NRC will publish a document that withdraws this action, and will address the I comments received in response to the sions which have been proposed for approval 4-the med= rule =
- ecti= ef the Federal Register. f If adverse comments are received in response to this action, the comments will
[a (
be addressed in a final rule published in response to this, action. The NRC will not initiate a second comment period on this action.
Discussion 4
i Section 2.8 Information collection requirements: 0MB approval.
Section 2.8 (a) currently states that the Office of Management and Budget (OMB) has approved the information collection requirements. Section 1, 2.8 (b) states that the approved information collection requirements appear in 1
Appendix C/g to lfA pcw 1-- .Because Appendix C had< been deleted / fro longer any information collection requirements contained in this part. Thus, 5 2.8 is amended to state that there are c' information collection p 2
requirements contained in this part. It should be noted W t '
n for the information collection requirements
/
m;except--that -tMbtrrden7 3
8 yuwd achhu t
4 1
i is currently associated with the policy statement (June 30, 1995; 60 FR i
34381), rather than with part 2.
Section 51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality.
Section 51.10 (d) currently states, "These actions include issuance of i 1
notices, orders, and denials of requests for action pursuant to subpart 8 of part 2 of this chapter, matters covered by part 15 and part 160 of this chapter, and any other matters covered by Appendix C to part 2 of this PtfA .S chapter." BecauseAppendixCtopart2hgdbeendeleted,thissentence4s-no j
longer ccrrect jishtii@Mijss@ptjysfgih((. Thus, 5 51.10 (d) is amended l by deleting the reference to Appendix q t2 Furthermere,the165t_iid!.
C to,(Hf/2 par.y .
~
'l pnfoMemeltRe]ityd actions ent:ined of}thsjtypy3djdtifiEd in the former l o (fA l Appendix C to p' art 2, such : confirm:tery action letters, bulletin:, :nd j A 1P !
gencric letters, :re @l))]bs added, Is~epamp]ijy to the list of actions stated inparagraphlj51110(d).
I Section 2.201 Notice of violation. l I
Section2.201(a)currentlystatesthat,inresponsetoanoticebf violation, a licensees brJothefjyifiE6j;si@jcQtojth%!jurii;dt.;ctiohiofitife Co;mmission3toMhoQ()6tjdeliofjyi61stioWJh;isjyyeMieht will be required to submit a written statement in reply including corrective steps that have been taken, corrective steps that will be taken, and the date when full compliance will be achieved. However, when a licensee orlotherfpe'rson has already 4
f hl adequately addressed jrijwriting the issues co ained in the notice of violation, cuch theRicehsee[o$other@f d}has]alreadf;sinleffect? l l lresporided/to;the;violationJandla$further w itten statement may become l
l unnecessary. To clarify this position, p ragraph (a) is amended to replace the existing phrase "will be required" This chan r 9; r a =A s o ["mayberequired.".nqwd,An.Ac.s h be of &
l.#,@,,
3 . c4ar4f4es/pr.h.i.r..i_ des. that' the NRC)may use\ discretion 46 not fequiwa written W , ' ,e _ _ ,
1" i statement if the NRC believes that the licensee p@herZppsoh has already adequately addressed all the issues contained in that notice. l l
Electronic Access l i
l Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board.
If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly ty dialing the toll free number (800) 303-9672. Communication software parameters should be set as follows: parity to none, data 4 ts to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." Users will find l
l the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems i
5
4 i
and data bases also have a " Help /Information Center" option that is tailored to the particular subsystem.
4 The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via
- Internet
- fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting 1
,. " Regulatory Information Mall." At that point, a menu will be displayed that j has an option "U.S. Nuclear Regulatory Commission" that will take you to the
- NRC Online Main Menu. The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may return to FedWorld by selecting the " Return to FedWorld" option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC I systems, but you will not have access to the main FedWorld system.
If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules Menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is available.
There is a 15-minute time limit for FTP access.
Although FedWorld also can be accessed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu.
6
For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Brancl., NRC, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD30nrc. gov.
i Environmental Impact: Categorical Exclusion 1
The NRC has determined that this direct final rule is the type of action described 4n Ej[i categorical exclusion in 10 CFR 55 51.22(c)ti4})@iid 51?22(p);(2);. Therefore, neither an environmental impact statement nor an j enviroi. mental assessment has been prepared for this direct final rule. l Paperwork Peduction Act Statement This direct final rule contains no information collection requirements, and therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements that have been approved by the Office of Management and Budget, approval number 3150-0136, have been transferred to NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 7
t I Regulatory Analysis This direct final rule deletes an outdatec reference and provides that r g a.rdIhg e ts4 mitidef' (e$ ! the NRC may use discretion t, not regire a written .id;ponSc.;;;;nT from a licensee / ) o r o & ersen j iftheNRCbelievesthatthelicenseehasalr$adyadequatelyaddressedallthe v'
. A issues contained in a notice of violation. Deleting the outdated reference will have no impact on licensees, the NRC, or the public. Providing the di~r; tion to NRC will reduce the burden for preparing unnecessary reports by
- 1. ansees and for reviewing these reports by the NRC without compromising the public health and safety. However, it is impossible to quantify the reduction in burden because the number of discretions to be authorized cannot be i
estimated. Therefore, the burden under the direct final rule would be at mt st equal, but probably less than, the burden under the existing regulations. Based on the above discussion, the NRC concludes that the direct final ruli. should be promulgated.
,,.f I[' y ,e y p;l. g f) (
c Backfi-t Analysis f (yd k %j - g hcl l, ib O&&
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, The NRC has determined)that.pckfit-rule, _0 CFR 50. 09r aioes,not
/ ayply_to thisJirect-final-rule, bemse these amendments do not involve cny y g provisions which would impose backfits as M ined in 10 CFR 50.109(a)(1).
Thereforea.backf41 analysis _is-notaequired for_thisdirec-tJinaLrA 8
l l
- p/
~ (1 r
.. - / /
Subjb,Termsfor10CFRPart_2) m V_ -
'X_ ,
Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear i power plants and reactors, Penalties, Sex discrimination, Source material, l Special nuclear material, waste treatment and disposal. Subject Terms for 10 CFR Part 51 ~ x k g#
~ -
Administrative practice and procedure, Environmental Impact statement, ! Nuclear power plants and reactors, Reporting and recordkeeping requirements. For reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51. PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
- 1. The authority citation for part 2 continues to read as follows:
AUTHORITY: Secs.161,181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552. Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68
- 5+at. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 9
i
e 0 e 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections l 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, ! 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec.102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.76,0, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). Appendix B also issued under sec.10, Pub. L. 99-240, 99 Stat.1842 (42 U.S.C. 2021b et seq.). i 10 l
l
- 2. Section 2.8 is revised to read as follows:
$ 2.8 Information collection requirements: OMB approval.
l This part contains no information collection requirements and therefore I is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). I
- 3. In i 2.201 paragraph (a) is revised to read as follows:
1 1 2.201 Notice of violation. (a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a separate notice may be omitted if an order pursuant to i 2.202 or demar.d for / information pursuant to i 2.204 is issued that otherwise identifies the apparent violation. Thenoticeofviolationwillconciselystatethe4H1] fed violation and may require that the licensee or esy other person,s , within / twenty (20) days of the date of the notice or other specified~//time, a written W A Comube'en bepe7cs n o t tk hawsco ha s o f . explanation or statement in reply including: q ak Md ressed d A 8553d
.u +he &w 0f;,
(1) Cortactive steps which have been taken by the licensee or other > person and the results achieved; (2) Corrective steps which will be taken; and (3) The date when full compliance will be achieied. i i 11 s
0 PART51-ENVIRONMENTALPROTECTIONREGULATIONSF0lkDOMESTICLICENSINGAND RELATED REGULATORY FUNCTIONS I I 4. The authority citation for Part 51 continues to read as follows: l AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 4 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. i 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). 4 I Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec i 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also j under Nuclear Waste Policy Act of 1982, sec ll4(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)).
- 5. In 5 51.10, paragraph (d) is revised to read as follows:
5 51.10 Purpose and scope of subpart: Applications of regulations of Council on Environmental Quality 12 i
db
*
- j*
\
(d) Commission actions initiating or relating '
'e or to administr judicial civil or criminal enforcement actions or proceedings are no t subject l to section 102(2) of NEPA. These actions include issuance fiobs) orders, ,41@
and denials of requests for action pursuant to subpart 8 of part 2 o~ this chapter; matters covered by part 15 and part 160 of this chapter; and issuace of coilfirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance. Date at Rockville, Maryland, this day of , 1996. For the Nuclear Regulatory Commission. l l James M. Taylor, Executive Director for Operations. ! 13
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gow ,nads ?)A 2./ y y ea, nt cejmNM [7590-01-P] NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 51 Deletion of Outdated References and Minor Change RIN 3150-AF43 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations to delete outdated references to previously deleted Appendix C to 10 CFR part 2. This final rule also provides that the NRC may use discretion i regarding the requirement that a licensee or other person to whom a notice of violation has been sent must submit a written explanation or statement in l
reply to the notice. If the NRC believes that the licensee or other person had already adequately addressed all the issues contained in that notice, further written responses, in discretion of the NRC, may not be required. DATE: This final rule is effective on [ insert date 75 days after publication] unless someone submits significant adverse comments. Submit comments by [ insert date 30 days after publication]. If the effective date is delayed, timely notice will be published in the Federal Register. ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch.
Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays. Examine copies of comments received at: The NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC. FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6181. E-Mail: INTERNET:MLA0NRC. GOV. SUPPLEMENTARY INFORMATION: 5
/ ,
c0 Background pf M The NRC deleted Appendix C, " General Statement of Policy and Procedure g for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995), because the Enforcement Policy is not a regulation. This deleted information @ SY has been published as a policy statement entitled " General Statement of Policy ,s O, and Procedures for NRC Enforcement Actions -- Enforcement Policy," (June 30, 6D 1995; 60 FR 34381). However, there are two sections (10 CFR 2.8(b) and 51.10(d)) in the Commission's regulations where Appendix C to Part 2 is still referenced. This rulemaking deletes both outdated references. This rulemaking also amends 5 2.201, " Notice of Violation," to provide that the NRC may use discretion regarding the submittal of a written response from a licensee to a notice of 2
Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays. i i i Examine copies of comments received at: The NRC Public Document Room, 1 2120 L Street NW (Lower Level), Washington, DC. j l FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6181. E-Mail: INTERNET:MLA@NRC.G0V. l l i l SUPPLEMENTARY INFORMATION- l l 1 l
Background
l l The NRC deleted Appendix C, " General Statement of Policy and Procedure for NRC Enforc; ment Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995), because the Enforcement Policy is not a regulation. This deleted information has been published as a policy statement entitled " General Statement of Policy
- and Procedures for NRC Enforcement Actions -- Enforcement Policy," (June 30, 1995; 60 FR 34381).
l However, there are two sections (10 CFR 2.8(b) and 51.10(d)) in the Commission's regulations where Appendix C to Part 2 is still referenced. This rulemaking deletes both outdated references. This rulemaking also amends i ; l l
. 2.201, " Notice of Violation," to provide that the NRC may use discretion regarding the submittal of a written response from a licensee to a notice of f 2
\ l
4 violation. If the NRC believes that the licensee has already adequately addressed all the issues contained in that notice, further written responses may not be required. I i l Because the NRC considers these amendments to be minor, administrative ;
)
in nature, and expected to be noncontroversial, the NRC is approving this l l action as a direct final rule without prior notice. The action will become ! l effective on (75 days from date of publication). However, if the NRC receives i significant adverse comments by (30 days from date of publication), the NRC ! will publish a document that withdraws this action, and will address the I comments received in response to the revisions which have been proposed for I approval in the Federal Register. If adverse comments are received in response to this action, the comments will be addressed in a final rule published in response to this action. The NRC will not initiate a second ; l comment period on this action. Discussion i l Section 2.8 Information collection requirements: OMB approval. j l 1 Section 2.8 (a) currently states that the Office of Management and Budget (OMB) has approved the information collection requirements. Section 2.8 (b) states that the approved information collection requirements appear in Appendix C to 10 CFR part 2. Because Appendix C h;as been deleted from part 2, there are no longer any information collection requirements contained in this , part. Thus, 5 2.8 is amended to state that there are no information 3 j l l
collection requirements contained in this part. It should be noted that any burden for the information collection requirements related to enforcement
~
actions is currently associated with the policy statement (June 30, 1995; 60 FR 34381), rather than with part 2. Section 51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality. Section 51.10 (d) currently states, "These actions include issuance of notices, orders, and denials of requests for action pursuant to subpart B of part 2 of this chapter, matters covered by part 15 and part 160 of this chapter, and any other matters covered by Appendix C to part 2 of this chapter." Secacse Appendix C to 10 CFR part 2 has been deleted, this sentence contains an incorrect reference. Thus, 5 51.10 (d) is amended by deleting the reference to Appendix C to 10 CFR part 2. Instead, enforcement related actions of the type identified in the former Appendix C to 10 CFR part 2, will be added, as examples, to the list of actions stated in 5 51.10 (d). Section 2.201 Notice of violation. Section 2.201 (a) currently states that, in response to a notice of violation, a licensee or other person subject to the jurisdiction of the Commission to whom a notice of violation has been sent will be required to submit a written statement in reply including corrective steps that have been taken, corrective steps that will be taken, i d the date when full compliance will be achieved. However, when a licensee or other person has already 4 L.
adequately addressed in writing the issues contained in the notice of ! violation, the licensee or other person has already in effect, responded to the violation and a further written statement may become unnecessary. To clarify this position, paragraph (a) is amended to replace the existing phrase "will be required" with "may be regrired." This change grants the NRC discretion regarding the subrtittal of a written statement if the NRC believes that the licensee or other person has already adequately addressed all the issues contained in that notice. Electronic Access Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board. If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number (800) 303-9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems 5
and data bases also have a " Help /Information Center" option that is tailored to the particular subsystem. The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via Internet: fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting
" Regulatory Information Mall." At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the l
NRC Online Main Menu. The NRC Online area also can be accessed directly by l I typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may return to FedWorld by selecting the " Return to FedWorld" option from the NRC Online Main Menu. However, if you access NRC at i FedWorld by using NR#'s toll-free number, you will have full access to all .dC systems, but you will not have access to the main FedWorld system. If you contact FedWorld using Telnet, you will see the NRC area and l l menus, including the Rules Menu. Although you will be able to download l documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be accassed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file ! listing all files within a subdirectory, with descriptions, is available. There is a 15-minute time limit for FTP access. Although FedWorld also can be accessed through the World Wide Web, like I FTP, that mode only provides access for downloading files and does not display 4 the NRC Rules Menu. 6
j l I 1 For more information on NRC bulletin boards call Mr. Arthur Davis, l Systems Integration and Development Branch, NRC, Washington, DC 20555, l telephone (301) 415-5780; e-mail AXD3@nrc. gov. 1 1 Environmental Impact: Categorical Exclusion l 1 The NRC has determined that this direct final rule is the type of action l described as a categorical exclusion in 10 CFR ll 51.22(c)(1) and 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule. Paperwork Reduction Act Statement This direct final rule contains no information collection requirements, and therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements that have been approved by the Office of Management and Budget, approval number 3150-0136, have been transferred to NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy. 7
1 Public Protection Notification l The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid l OMB control number. 1 I I 1 Regulatory Analysis This direct final rule deletes an outdated reference and provides that ! l the NRC may use discretion regarding the submittal of a written response from l a licensee if the NRC believes that the licensee or other person has already adequately addressed all the issues contained in a notice of violation. Deleting the outdated reference will have no impact on licensees, the NRC, or the public. Providing the discretion to NRC will reduce the burden for l l preparing unnecessary reports by licensees and for reviewing these reports by the NRC without compromising the public health and safety. However, it is impossible to quantify the reduction in burden because the number of discretions to be authorized cannot be estimated. Therefore, the burden under the direct final rule would be at most equal, but probably less than, the burden under the existing regulations. Based on the above discussion, the NRC I concludes that the direct final rule should be promulgated. 8
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
- 1. The authority citation for part 2 continues ti. ,ead as follows:
l l AUTHORITY: Secs.161,181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552. Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. Il4(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as l amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amer.ded (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under l sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. l Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as 10
Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this rule, and therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose-backfits as defined in 10 CFR Part 50.109(a)(1). Subject Terms for 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. Subject h rms for 10 CFR Part 51 Administrative practice and procedure, Environmental Impact statement, Nuclear power plants and reactors, Reporting and recordkeeping requiremenos. For reasons set out in the preamble and under the authority of the j Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51. l 9 4
amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). Appendix B also issued under sec. 10, Pub. L. 99-240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.).
- 2. Section 2.8 is revised to read as follows:
5 2.8 Information collection requirements: OMB approval. This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
- 3. In 5 2.201 paragraph (a) is revised to read as follows:
5 2.201 Notice of violation. (a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a separate notice may be omitted if an order pursuant to 5 2.202 or demand for information pursuant to 5 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged 11
. ,_ . . . - . . - . . _ - . .-- - .. .. - . - - -~ _
a violation and may require that the licensee or other person submit, within twenty (20) days of the date of the notice or other specified time, a written explanation or statement in reply of the Commission believes that the licensee
- has not already addressed all the issues contained in the notice of violation, including
- i i
j (1) Corrective steps which have been taken by the licensee or other i , person and the results achieved; ' (2) Corrective steps which will be taken; and
- (3) The date when full compliance will be achieved. ;
i l f PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 4. The authority citation for Part 51 continues to road as follows:
5 AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 i , Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as i amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart { A also issued under National Environmental Policy Act of 1969, secs.102,104, i 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). 12
l 1 i Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. ) 1 1, 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec 1 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also i l l ! under Nuclear Waste Policy Act of 1982, sec ll4(f), 96 Stat. 2216, as amended l (42 U.S.C. 10134(f)).
- 5. In 5 51.10, paragraph (d) is revised to read as follows:
l 1 5 51.10 Purpose and scope of subpart: Applications of regulations of Council
,on Environmental Quality l
l l (d) Commission actions initiating or relating to administrative or ' judicial civil or criminal enforcement actions or proceedings are not subject to section 102(2) of NEPA. These actions include issuance of notices of violation, orders, and denials of requests for action pursuant to subpart B of 13
part 2 of this chapter; matters covered by part 15 and part 160 of this chapter; and issuance of confirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance. Date at Rockville, Maryland, this day of , 1996. For the Nuclear Regulatory Commission. James M. Taylor, Executive Director for Operations.
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14
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[7590-01-P] NUCLEAR REGULATORY COMMISSION l 10 CFR Parts 2 and 51 Deletion of Outdated References and Minor Change RIN 3150-AF43 AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations to delete outdated references to' previously deleted ' Appendix C.to I 10 CFR'part 2. This amendment fin'al rule also provides that the NRC may use j discretion to-not require a written s-tatement from regarding the requirement that a licensee 4n-respence te notice of viclation or other person to whom a notice of violation has been sent musta submit 2a' written 'ex'pla~nationlor 1
statementEinfreply}tothenotice. If the NRC believes that the licensee or l other person had already adequately addressed all the issues contained in that notice, further written. responses;: in discretio;nTof th;e GRC,: mayf n~ot be required. This action is necessary te delete cut 4ated reference and clarify the Cc-"ission's regulations. DATE: This final rule is effective on (insert date 75 days after publication] unless someone submits significant adverse comments. Submit comments by [ insert date 30 days after publication]. If the effective date is delayed, timely notice will be published in the Federal Register. A
l l l l ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch. l l Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, I between 7:45 am and 4:15 pm Federal workdays. l l l Examine copies of comments received at: The NRC Public Document Room, 1 2120 L Street NW (Lower Level), Washington, DC. l ! FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory l Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6181. E-Mail: INTERNET:MLA@NRC. GOV. SUPPLEMENTARY INFORMATION:
Background
The NRC has recently deleted Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995), because the Enforcement Policy is not a regulation. This deleted infortation has been published as a policy statement entitled " General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy," (June 30, 1995; 60 FR 34381). However, there are two sections (10 CFR 2.8(b) and 51.10(d)) in the l Commission's regulations where Appendix C to Part 2 we-is still referenced. l This rulemaking deletes both outdated references. This rulemaking also 2
1 l 1 i provide aminds i 2.201, " Notice of Violation," to provide that the NRC may l l
- use discretion +^ ^^+ -^^"i-^ Fegardingithessbbmittalfof a written response '
l stetement-from a licensee i^ rc pense to a notice of violation? If the NRC j believes that the licensee had-has already adequately addressed all the issues l t 1 contained in that notice 6 furthe'FfwFittsnfreip'onissslmay;notJbe'.;fsquiFed . 4 i l 3 Because the NRC considers these amendments tb.lbe minori and . j administrativeinnature,and[sxp6ctedito7belhoncohtfovdFsial,theNRCis l approving this action asla$directifinal?fuls without prior notice. The action I will become effective on (75 days from date of publication). However, if the -
- NRCreceivessignif_iyihtadversecommentsby(30daysfromdateof l publication), the NRC will publish a document that withdraws this action, and f
will address the comments received in response to the requested revisions which have been proposed for approval in the prepcced rule section of the ! Fedoral Register. If adverse comments are received in response to this 4 action, the comments will be addressed in a final rule published in response ! to this action. The NRC will not initiate a second comment period on this . action. 1 j Discussion 1 l l Section 2.8 Information collection requirements: OMB approval. 1 i Section 2.8 (a) currently states that the Office of Management and 1 Budget (0MB) has approved the information collection requirements. Section i 2.8 (b) states that the approved information collectici requirements appear in 3 a i l
_ ._ _ _. _ __ __._ _ _ _ _ _ _ _ _ _ _ . _ . _ . _ . -. _ . _ _ _ _ = _ _ _ _ _ _ AppendixCtol10LCFRyartl2. Because Appendix C had-his been deleted from 4 part 2, there are no longer any information collection requirements contained t in this part. Thus, i 2.8 is amended to state that there are no information l ] collection requirements contained in this part. It should be noted that the l ] any burden for the information collection requirements sti" remai m except l thattheburdenpelateditofenforcemsntfactionsliscurrentlyassociatedwith the policy statement (June 30, 1995; 60 FR 34381), rather than with part 2. i ! Section 51.10 Purpose and scope of subpart; application of regulations of 1 l Council on Environmental Quality. i ! Section 51.10 (d) currently states, "These actions include issuance of i notices, orders, and denials of requests for action pursuant to subpart B of i part 2 of this chapter, matters covered by part 15 and part 160 of this j chapter, and any other matters covered by Appendix C to part 2 of this chapter." Because Appendix C to 1.0LCFR part 2 had-has been deleted, this j sentence contains an incorrect reference. Thus, 5 51.10 (d) is amended by deleting the reference to Appendix C to 10 CFR part 2. Instead, enforcement l related actions of the type identified in the former Appendix C to 10)CFR part i 2, will be added, as examples, to tha list of actions stated in 5 51.10 (d). l i' Section 2.201 Notice of violation. ) Section 2.201 (a) currently states that, in response to a notice of i violation, a licensee or other person subject to the jurisdiction of the Commission to whom a notice of violation has been sent will be required to j 4 i I
submit a written statement in reply including corrective steps that have been taken, corrective steps that will be taken, and the date when full compliance will be achieved. However, when a licensee or other person has already adequately addressed in writing the issues contained in the notice of violation, the licensee or other person has already in effect, responded to the violation and a further written statement may become unnecessary. To clarify this position, paragraph (a) 's amended to replace the existing phrase "will be required" by-with "may be required." This change provides that grants the NRC may use discretion te r.ct req:l ire : Feghrding{the silbmittiliof 5 written statement if the NRC believes that the licensee or other person has already adequately addressed all the issues contained in that notice. Electronic Access i Comments may be submitted electronically, in either ASCII text or l Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board. If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number (800) 303-9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by I i
-_ .- _ _ - -- - --. .-. ._- .= - - ... . - - - - . - - _ __- - .. ! selecting the " Rules Menu" option from the "NRC Main Menu." Users will find 4
the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems ; and data bases also have a " Help /Information Center" option that is tailored j to the particular subsystem. 1 The NRC subsystem on FedWorld can also be accessed by a direct dial d phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via Internet: fedworld. gov. If using (703) 321-3339 to contact fedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the i " Regulatory, Government Administration and State Systems," then selecting j l " Regulatory Information Mall ." At that point, a menu will be displayed that l has an option "U.S. Nuclear Regulatory Commission" that will take you to the I i l NRC Online Main Menu. The NRC Online area also can be accessed directly by l typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may return to FedWorld by selecting the " Return to i l FedWorld" option from the NRC Online Main Menu. However, if you access NRC at i FedWorld by using NRC's toll-free number, you will have full access to all NRC systems, but you will not have access to the main FedWorld system. l If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules Menu. Although you will be able to download { i documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be i j accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file j listing all files within a subdirectory, with descriptions, is available. There is a 15-minute time limit for FTP access. i 4 6
Although FedWorld also can be accessed through the World Wide Web, like l FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu. For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD3@nrc. gov. l l i Environmental Impact: Categorical Exclusion The NRC has determined that this direct final rule is the type of actt'n l described as a categorical exclusion in 10 CFR 55 51.22(c)(1) and 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule. 4 Paperwork Reduction Act Statement This direct final rule contains no information collection requirements, and therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements that have been approved by the Office of Management and Budget, approval number 3150-0136, have been transferred to NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy. 7
1 , Public Protection Notification i The NRC may not conduct or sponsor, and a person is not required to
- respond to, a collection of information unless it displays a currently valid f OMB control number.
t Regulatory Analysis l 1
- This direct final rule deletes an outdated reference and provides that theNRCmayusediscretiontenotrequirePegardilngith'e75ubmittl~lfofawritten a i
statement response from a licensee if the NRC believes that the licensee or i otherjerson has already adequately addressed all the issues contained in a 1 j notice of violation. Deleting the outdated reference will have no impact on j
- licensees, the NRC, or the public. Providing the discretion to NRC will reduce the burden for preparing unnecessary reports by licensees and for 4
- reviewing these reports by the NRC without compromising the public health and 1
i safety. However, it is impossible to quantify the reduction iri burden because the number of discretions to be authorized cannot be estimated. Therefore, i the burden under the direct final rule would be at most equal, but probably i less than, the burden under the existing regulations. Based on the above discussion, the NRC concludes that the direct final rule should be
; promulgated, l
1 8
Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this rule, and therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as l defined in 10 CFR Part 50.109(a)(1). i Subject Terms for 10 CFR Part 2 l l Administrative practice and procedure, Antitrust, Byproduct material, l l Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, waste treatment and disposal. l Subject Terms for 10 CFR Part 51 l l Administrative practice and procedure, Environmental Impact statement, Nuclear power plants and reactors, Reporting and recordkeeping requirements. For reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51. 9
PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS l
- 1. The authority citation for part 2 continues to read as follows:
AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552. Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 1610, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as 10 a
amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat. 1473 (42 U.S.C. 2135). Appendix B also issued under sec.10, Pub. L. 99-240, 99 Stat.1842 (42 U.S.C. 2021b et seq.).
- 2. Section 2.8 is revised to read as follows:
l 5 2.8 Irformation collection reauirements: OMB approval. I I This part contains no information collection requirements and therefore is not subject to requiremants of the Paperwork Reduction Act (44 U.S.C. 3501 l l et seq.). '
- 3. In 1 2.201 paragraph (a) is revised to read as follows:
1 2.201 Notice of violation. (a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a f separate notice may be omitted if an order pursuant to i 2.202<or demand for information pursuant to 1 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged 11
violation and may require that the licensee or any-other person submit, within twenty (20) days of the date of the notice or other specified time, a written explanation or statement in reply 6ff thle?CommissionJbeliev.es(thatitheil.icensee e has'not?alreadyjaddr.ess;ed(alisth;elissuesicontalhedfin thej;noticeJof ji'o lation,l including: (1) Corrective steps which have been taken by the licensee or other person and the results achieved; (2) Corrective steps which will be taken; and l (3) The date when full compliance will be achieved. PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 4. The authority citation for Part 51 continues to read as follows:
'"#HORITY : Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as l amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.
95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). 12
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. l
; 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 al so under Nuclear Waste Policy Act of 1982, sec ll4(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)).
l
- 5. In 5 51.10, paragraph (d) in revised to read as follows:
l l 5 51.10 Purpose and scope of subpart: Applications of regulations of Council on Environmental Quality a (d) Commission actions initiating or relating to administrative or judicial civil or criminal enforcement actions or proceedings are not subject to section 102(2) of NEPA. These actions include issuance of notices of violation, orders, and denials of requests for action pursuant to subpart B of 1 13
T ! part 2 of this chapter; matters covered by part 15 and part 160 of this i f chapter; and issuance of confirmatory action letters, bulletins, generic ! letters, notices of deviation, and notices of nonconformance. f Date at Rockville, Maryland, this day of , 1996. ! For the Nuclear Regulatory Commission. I i
- James M. Taylor,
- Executive Director for Operations.
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,m - ym m m w o RIN 3150-AF43 AGENCY: Nuclear Regulatory Commission. /
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l lqh 7 (Of' ACTION: Direct final rule. 6
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SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations.
to delete outdated ill references to previcurly deleted Appendix C to 10 CFR part 24 s' mu a ppendix as been remo d from the Code of l Federal Regulations because it is a Policy Statemengnot a regulation. This l final rule also provides that the NRC may use discretion 45 reg:rding to toke t .e{hfr bo ry ulr(\
& c..~..v-ing;adtcensee-or-other penen-te d=/a notice of violatiog p/ ;JmaanDashwbm+t(wdftWe@Tn~ation or statement in repid5 1.o Y E notices If the NRC believes that the licensee or other person -her alrea~dF'M y;#lab A In 3 adequately addressed all the .ssues contained in that notice, further '<ritten '-
response, in Ett.ths discretion of the NRC, further written responses may not l be required. l l DATE: This final rule is effective on [ insert date 75 days after publication] unless someone submit significant adverse comments apef receivediby(the"NRC. Submit cComments should:--be iubmitted by [ insert date 30 days after publication]. If the effective date is delayed, timely notice will be l published in the Federal Register.
ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch. Hand deliver comments to: 11555 Rockville Pike, Rockville, MD,-4088e;- between 7:45 g /nd4:15pgFederalworkdays. , pj l
/ ,
f p Examine cCopies of comments received ma9[be7 examined at+ [he NRC Pub Document Room, 2120 L Street NW (Lower Level), Washington, DC. l FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone
- (301) 415-6181. E-Mail
- INTERNET:MLA@NRC. GOV.
l SUPPLEMENTARY INFORMATION:
""3
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.a !
c pf Background 7 - The NRC deletedha5Removbd Ap'pendix C, " General Statement of Policy and ProcedureforNRCEnforcement-AItions,"from10CFRPart2(60FR34380; June 30, 1995), because as m'ufc !as the Enforcement Policy is EPolicilStat'ement, not a regulation. ih'44 deleted irformation h: been published a policy I statement entitledenforcementipoliby! " General Statement of Policy and Procedures for NRC Enforcement Actions -- Enf arcement Policy," Wasj published . asiaiPolicylStatementionfJune 30,1995i- f60 FR 34381). (( dd 9 bo f"
&p Nyf 6 G -IL OD in bw{f l U/
However, tThere are two sections (10 CFR 2.8(b) and._5:.10(d)) in the Commission's regulations shema Appendix C to Part gstil l reference h This
- /
2 l
rulemaking deletes both outdated references. l' This rulemaking also amends 5 2.201, " Notice of Violation," to provide that the NRC may use discretion j 3
,-m - -
~ . . - -. -
-a m V fregarding the submittal of a written' response from a licensee to a notice ofN l
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~
violation.siftheNRCbelievesthatthelicenseehasalreadyadequately
-. _ J }p addressed all the issues contained in that notice, further written responses may not be required,__ -
~
pg g .A /2[2M / l A Because the NRC considers these amendments to be minor, gadministrative in nature, and expect M r noncontroversial, the NRC is approving this action as a direct final rule without prior notice. The action will become effective on (75 days from date of publication). However, if the NRC receives significant adverse comments by (30 days from date of publication), the NRC will publish a document that withdraws this action d will a ress the 4 comments received in response to the revisions wMch2have:=been proposed for l I approval in the deral Register. If adverse comments are received in v 1 response to this action, the comments will be addressed in a final rule .
- j published in response to this actior. The NRC will not initiate a second comment period on this action. l l
i l, Discussion I i l Section 2.8 Information collection requirements: OMB approval. I Section 2.8-(a) currently states that the Office of Manavment and B get (0MB) has approved the information collection requirements. Section 2.8 (b) states that the approved information collection requirements appear in V 3
i j Appendix C to 10 CFR part 2. Because Appendix C has been deleted removed from
- part 2, there are no longer any information collection requirements ~ + ^ ^d
- 1 l in this part. Thus, 5 2.8 is amended to state that there are no information j collection requirements contained in this part. I hould be noted that any
! burden for the information collection b gi....~;.ts related to enforcement 4 i actions is currently associated with the policy statement (June 30, 1995; 60 i
- FR 34381), rather than with part 2.
i Section 2.201 Notice of violation. i i ! Section 2.201-(a) currently states that, in response to a notice of i ' violation, a licensee or other person subject to the jurisdiction of the Commission to whom a notice of violation has been sent will be required to ! submit a written statement in reply'l including corrective steps that have been taken, corrective steps that will be taken, and the date when full compliance will be achieved. However, when a licensee or other person has already adequately addressed in writing the issues contained in the notice of violation, the licensee or other person has already] in effect, responded to d the violation and a further written statement may besser unnecessary. To clarify this position, paragraph (a) is amended to replace the existing phrase "will-be required" with "may be required." This change grants the NRC discretion regarding oniwhsth'esto; require the submittal of a written statement if the NRC believes that the licensee or other person has already adequately addressed all the issues contained in that noticeQ vjo /a li c,gy 4
l Section 51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality. a i j Section 51.10-(d)-current 4y states, "These actions include issuance of ^ notices, orders, and denials of requests for action pursuant to subpart B of part 2 of this chapter, matters covered by part 15 and part 160 of this chapter, and any other matters covered by Appendix C to part 2 of this chapter." Because Appendix C to 10 CFR part 2 has been deleted, this sentence centains an is' incorrect reference. Thus, 5 51.10-(d) is amended by deleting the reference to Appendix C to 10 CFR part 2. Instead, enforcement?related ) actions of the type identified in the former Appendix C to 10 CFR part 2r will be added, as examples, to the list of actions stated in 5 51.1 d). / j i Electronic Access Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications i software packages, or directly via Internet. Background documents on the ] rulemaking are also available, as practical, for downloading and viewing on the bulletin board. l If using a personal computer and modem, the NRC rulemaking subsystem on ! FedWorld can be accessed directly by dialing the toll free number (800) 303-9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 l 5 ; 1 i l
h terminal emulation, the NRC rulemaking subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems and data bases also have a " Help /Information Center" option that is tailored to the particular subsystem. The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via Internet: fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting " Regulatory Information Mall." At that point, a menu will be displayed that ;
has an option "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online Main Menu. The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may return to FedWorld by selecting the " Return to FedWorld" option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems, but you will not have access to the main FedWorld system. If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules Menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is available. There is a 15-minute time limit for FTP access. 6
i Although FedWorld also can be accessed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu. For more information on NRC bulletin boards call Mr. Arthur Davis, i Systems Integration and Development Branch, NRC, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD30nrc. gov. ; i l Environmental Impact: Categorical Exclusion l l The NRC has determined that this direct final rule is the type of action described as a categorical excitu 'on in 10 CFR 55 51.22(c)(1) and 51.22(c)(2). I Therefore, neither an environmental impact statement nor an environmenta. assessment has been prepared for this direct final rule. Paperwork Reduction Act Statement This direct final rule contains no information collection requirements, and therefore, is not subject to the requirements of the Paperwork Reduction nfcfry Act of 1995 (44 U.S.C. 3501 et seq.). .%sthathalvebeenl' Exi sting )requre;x)q1,'c ss t lP approved by the Office of Management and Budget, approval number 3150-0136, M /'h R r have been transferred to Miun-46Gim General. -[af ent /olicy d-y
~ Procedures:forrNRC-Enforcement-Actionse- -Enforcement-Pol-icy:-
l 7
l e j i Public Protection Notification 1 i The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid J OMB control number. i l l l j
- Regulatory Analysis 2
This direct final rule deletes an outdated reference statement and provides that the NRC may use discretion regarding the submittal of a written response from a licensee if the NRC believes that the licensee or other person has already adequately addressed all the issues contained in a notice of , violation. Deleting the outdated reference statement will have no impact on
- Tbi'))r?G'S! /
licensees, the NRC, or the public. A=itig;_Qdiscretion temHRC-66 Ye4kiring[reportilfespondihg{tbjaMoticWoffsi61 tiori will reduce the burdens / ^
^
4 he bf preparing unnecessary reports by licensees and-for bf reviewing these i reports by the NRC without compromising the public health and safety. However, it is impossible to quantify the amo'untiof reduction in burden i because the number of discretions to be~ authorized cannot be estimated. Therefore, the burden under the direct final rule would be at most equal, but probably less than, the burden under the existing regulations. Based on the above discussion, the NRC concludes that the direct final rule should be promulgated. 4 f 8 4 i
I l Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this rule, and therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as defined in 10 CFR Part 50.109(a)(1). l Subject Terms for 10 CFR Part 2 l l 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. Subject Terms for 10 CFR Part 51 l Administrative practice and procedure, Environmental Impact statement, Nuclear power plants and reactors, Reporting and recordkeeping requirements. For reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51. l l 9
I E PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS ' AND ISSUANCE OF ORDERS
- 1. The authority citation for part 2 continues to read as follows:
l AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. ' i i 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552. l Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 l Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, ! l l 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as I amended (42 U.S.C. 10134(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec.102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as 10
amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat.1473 (42 U.S.C. 2135). Appendix B also issued under sec. 10, Pub. L. 99-240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.).
- 2. Section 2.8 is revised to read as follows:
5 2.8 Information collection reauirements: OMB approval. i This part contains no information collect ion requirements and therefore i is not subject to requirements of the Pape. work Reduction Act (44 U.S.C. 3501 et seq.).
- 3. In 4Section 2.20 qaragraph(a)isrevisedtoreadasfollows:
5 2.201 Notice of violation. (a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a separate notice may be omitted if an order pursuant to 5 2.202 or demand for information pursuant to 5 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged 11
j violation and may require that the licensee or other person submit, within twenty (20) days of the date of the notice or other specified time, a written , a 1
- explanation or statement in reply eif the Commission believes that the 3
licensee has not already addressed all the issues contained in the notice of 1' violation, including: ) i (1) Corrective steps which have been taken by the licensee or other person and the results achieved; (2) Corrective steps which will be taken; and (3) The date when full compliance will be achieved. I f * * *
- 3 PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND i 1
l RELATED REGULATORY FUNCTIONS i i l 4. The authority citation for Part 51 continues to read as follows: I i AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 i j Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as 1 l amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart i A also issued under National Environmental Policy Act of 1969, secs.102,104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L. l 95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). 12 i.
l J Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. l 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec j 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also i l j under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, is amended < I l (42 U.S.C. 10134(f)). l
- 5. In 6Section 51.10, paragraph (d) is revised to read as follows
- l 1'
1 i !
- 6 51.10 Purpose and scope of subpart: Applications of regulations of Council I
! on Environmental Qualitv l l i i I
- (d) Commission actions initiating or relating to administrative or )
j judicial civil or criminal enforcement actions or proceedings are not subject j to section 102(2) of NEPA. These actions include issuance of notices of i i j violation, orders, and denials of requests for action pursuant to subpart B of ., l l f 13
l l l 1 part 2 of this chapter; matters covered by part 15 and part 160 of this ! chapter; and issuance of confirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance. l d Dat at Rockville, Maryland, this day of , 1996. / For the Nuclear Regulatory Commission. l l l l l James M. Taylor, Executive Director for Operations. l l 14
- - -. --- ._, ._. . .- . . - .. . .- . - . ~. .
s [7590-01-P] NUCLEAR REGULATORY COMMISSION ~ 10 CFR Parts 2 and 51 Deletion of Outdated References and Minor Change RIN 3150-AF43 y g (h $ 0{ i (i hG6j c' AGENCY: Nuclear Regulatory Commission. g d AD {\d bi ' f p ' db C y O '* (,*'O if
'DA-ACTION: Direct final rule. \ ng 00 ) b( ll cY3c ' t 1y f],
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SUMMARY
- The Nuclear Recylatory Commission (NRC)'T5' amending its regulations
/dlW ( i M 4 N pendi RCi[to to delete awC_t d references ti ? '-t-10!CFRjpart(2j YThis amendment fina p ule also provides that the NRC may use discretiontenotrequire:"rittenstatementfrer;repardingitheipiquirement i
th'at a licensee in re: pence te notice of vic12tien or other person to whom a ! notice of violation has been sent mustisubmittaTwritten explanationfor statement [in[replyjtoitheThotice. If the NRC believes that the licensee or , 9 l 1 other person haq already adequately addressed all the issues contained in that
- i notice,(fuFth~ e pwrittenjesponsehOf fl c. 7 laJdiscretion0f]th;e1NRCQayinotlbe
- y _ _5 required; Thi: actier is neccc:dy te de kte-outdated reference and clarify the Cericcien's regulations.
DATE: This final rule is effective on [ insert date 'T days after publication] are rceer vedf 4 Ihe u p; , unless someoneMDbihits- signifidsti adverse comments. _Subm4t dommentsgby m 4 ---
-3) fj y
[ insert date 30 days after publication]. If the effective date is delayed, hpg timely notice will be published in the Federal Register. l
I ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch. Hand deliver comments to: .11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays. l jy h 6 M4 tni n( m tue copies of comments receivedjat The NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC. ! FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone (301) 415-6181. E-Mail: INTERNET:MLA@NRC. GOV. SUPPLEMENTARY INFORMATION: i j Background 4
$ 'y (2 nt c VGk TheNRC.}.:: 12:::t!MeletedeAppendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," from 10 CFR Part 2 60 FR 3438 ; l g P d ;cy 5f dcuic/d)3 June 30, 1995),, ')debes m aseek theas /
Enforcement Policy is not a regulation.Th A
~ eg pef e7) p ;t t ; /jeleted i .fuc=tir- Sr ta^a psMshed at:.a-peliwt:t: r'pntitled " General' ,~
Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement
/ OJ 6 5 f u b ll 4 [ p d Q G G 30,1995;(60 FR 34381)f'6(/ C y jf t;f 2/8 CAT Om V Policy,"^ June 9
/ I
\
blewever; :here are two sections (10 CFR 2.8(b) and 51.10(d)) in the Commission's regulations where Appendix C to Part 2 we-isi still referenced. This rulemaking deletes both outdated references. This rulemaking also . l 2 l 1
1 pre"ide amends 5 2.201, " Notice of Violation," to provide that the NRC may usediscretiontenetrequireregarding(the::ssbmittallofawrittenresponse statementfromalicensee4nresponsetoanoticeofviolation} If the NRC believes that the licensee had-ha's already adequately addressed all the issues 1 contained in that noticer; fu rther jWi ttenfre s ponse simayJnotibe TreqU i red ? BecausetheNRCconsiderstheseamendmentstoibeminoriand administrative ir nature, ;aridi; expected (tolbefri6nc6ntrovepsini, the NRC is approving this r.etion hsfa directMinalfrule without prior notice. 3 The action will become effective on (75 days from date of publication). However, if the NRC receives sigriificant adverse comments by (30 days from date of l publication), the NRC will publish a document that withdraws this action, and will address the comments received in response to the requested revicions which have been proposed for approval in the propened rule section of th; Federal Register. If adverse comments are received in response to this action, the comments will be addressed in a final rule published in response to this action. The NRC will not initiate a second comment period on this action. Discussion Section 2.8 Information collection requirements: OMB approval. o/ 4 Section 2.8 a) ctnTEAT1y states that the Office of Management and Budget (0MB) has approved the information collection requirements. Section 2.80(b) states that the approved information collection requirements appear in U 3
-. =- _ - . = . _ . - _ - - _ - - _ _ . .- . . ..
A i (Creo f( N AppendixCt'ol101CFR? parti 2. Because Appendix C had-has been de4ette from - part'2, there are no longer any information collection requirements-ccatar in this part. Thus, i 2.8 is amended to state that there are no information collection requirements contained in this part. It should be noted that the any burden for the information collection requirements sti" remains except that the burden related;toienfoNementdacti6ns is currently associated with j the policy statement (June 30, 1995; 60 FR 34381), rather than with part 2. Section 51.10 Purpose and scope of subpart; application of regulations of
, Council on Environmental Quality.
Il l / Section 51.10gd) <urrently states, "These actions inciude issuance of notices, orders, and denials of requests for action pursuant to subpart B of part 2 of this chapter, matters covered by part 15 and part 160 of this chapter, and any other matters covered by Appendix C to part 2 of this chapter." Because Appendix C to 10.CFR part 2 had-has been deleted, this
$C < FdAidirN / [
sentence 2Minsman/ incorrec ef'ence. Thus, 5 51.10 )(d) is amended by V ) U deleting the reference to Appendix C to 10fCFR rt 2. Instead,enforcementq related actions of theityp[ identified in the former Appendix C to 10 CFR part 2 will be added, as examples, to the list of actions stated in 5 51.104(d). V f-
/_
3
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Section 2.201 Notice of violation. l *- ' -( f)
@<gW Section 2.201 (a)'surrent4y states that, in response to a notice of ' /
NJ-/) V [/' / ; violation, a licensee or other person subject to the jurisdiction of the n
- Commission to whom a notice of violation has been sent will be required to 4
submitawrittenstatementinreplykn/ cluding corrective steps that have been taken, corrective steps that will be taken, and the date when full compliance will be achieved. However, when a licensee or other person has already adequately addressed in writing the issues contained in the notice of
/
violation, the licensee or other person has alreadgin effect, responded to the violation and a further written statement may become unnecessary. To clarify this position, paragraph (a) is amended to replace the existing phrase f 43
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"will W require '" by-sith "may Jar r9 quired." This.changephevidesthat grants the NRC =y use discretion.tc On net AP(Tg o rS requ.rc{,t.3,phe, g i theis'ubmittaK6f a written statement if the NRC believes that the licensee or other person has already adequately addressed all the issues contained in that notice.
Electronic Access Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic l Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board. If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number (800) 303-9672. Coinmunication software parameters should be set as follows: parity to l none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by I
3 3 . selecting the " Rules Menu" option from the "NRC Main Menu." Users will find i j the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems j and data bases also have a " Help /Information Center" option that is tailored l to the particular subsystem. l The NRC subsystem on FedWorld can also be accessed by a direct dial 4 phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via { Internet: fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC l [ subsystem will be accessed from the main FedWorld menu by selecting the l 1 j " Regulatory, Government Administration and State Systems," then selecting a j " Regulatory Information Mall ." At that point, a menu will be displayed that l has an option "U.S. Nuclear Regulatory Commission" that will take you to the l NRC Online Main Menu. The NRC Online area also can be accessed directly by i
- typing "/go nrc" at a FedWorld command line. If you access NRC from s
l FedWorld's main menu, you may return to FedWorld by selecting the " Return to ] FedWorld" option from the NRC Online Main Menu. 43ever, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC l 1 i systems, but you will not have access to the main FedWorld system. l l If you contact FedWorld using Telnet, you w'll see the NRC area and j menus, including the Rules Menu. Although you will be able to download I documents and leave messages, you will not be able to write comments or upload ; . 1 i files (comments). If you contact FedWorld using FTP, all files can be . accessed and downloaded but uploads are not allowed; all you will see is a ! list of files without descriptions (normal Gopher look). An index file ' ) listing all files within a subdirectory, with descriptions, is available. I O 4 6 i
__ _ _ .-.___ _ _.._ _ _ ~ _ - - _ _ _ _ _ _ _ _ _ . . _ _ _ . _ . ._.__ _. _ Although FedWorld also can be accessed through the World Wide Web, like FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu. For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD3@nrc. gov. Environmental Impact: Categorical Exclusion The NRC has determined that this direct final rule is the type of action described as a categorical exclusion in 10 CFR 55 51.22(c)(1) and 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule. Paperwork Reduction Act Statement 1 This direct final rule contains no information collection requiremuits, ' and therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existingrequirementsthathave6een} approved by the Office of Management and Budget, approvai number 3150-0136, have been transferred to NUREG-1600, General Statement of Policy and .' 1 I' Procedures for NRC Enforcement Actions -- Enforcement Policy. --
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i Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. - Regulatory Analysis ) 4 Y j g pt2FtM This direct final rule deletes an outdated reference and provides that i the NRC may use discretion te net require pegardinstthelsubmittalfof a written statc=cnt response from a licensee if the NRC believes that the licensee or other persori has already adequately addressed all the issues contained in a notice of violation. Deleting the outdated6fg re.iorbe (c;.x;fY will have no impact o. l cr Yr ? uitir1t Ybla licensees, the NRC, or public. ProvidingthediscretiontoNRCwill)jgg,3,finq 4 reduce the burden preparingunnecessaryreportsbylicenseesandf.ask4 ho @ # L N v;oldi "i j health and' -
/of reviewing these reports by the NRC without compromising the publi safety. However, it is impossible to quantify therNuS[ ion n Lorden because the number of discretions to be authorized cannot be estimated. Therefore, the burden under the direct final rule would be at most equal, but probably less than, the burden under the existing regulations. Based on the above discussion, the NRC concludes that the direct final rtle should be promulgated.
8
1 r
~
a I i ( Backfit Analysis i The NRC has determined that the backfit rule, 10 CFR 50.109, does not 1 apply to this rule, and therefore, a backfit analysis is not required because } these amendments do not involve any provisions that would impose backfits as i defined in 10 CFR Part 50.109(a)(1). j Subject Terms for 10 CFR Part 2 i Administrative practice and procedure, Antitrust, Byproduct material, I l Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, l
- Special nuclear material, waste treatment and disposal.
Subject Terms for 10 CFR Part 51 l h Administrative practice and procedure, Environmental Impact statement, l i Nuclear power plants and reactors, Reporting and recordkeeping requirements. I For reasons set out in the preamble and under the authority of the l! Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 i I as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51. 1 I 9 l l
l PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
- 1. The authority citation for part 2 continues to read as follows: j AUTHORITY: Secs.161,181, 68 Stat. 948, 953, as amended (42 U.S.C. !
2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552. ! Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 l Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as j amended (42 U.S.C. 10134(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as { amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections ! 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, l 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, I 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 18?, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (i), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as 10
1 + l J i amended (42 U.S.C. 2039). Subpart K also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2739); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154).
- Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix
. A also issued under sec. 6, Pub. L. 91-560, 84 Stat.1473 (42 U.S.C. 2135). Appendix B also issued under sec. 10, Pub. L. 99-240, 99 Stat. 1842 (42 U.S.C. ) 2021b et seq.). l
- 2. Section 2.8 is revised to read as follows:
f 5 2.8 Information collection reauirements: 0MB approval. This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seg.). 6(QY 3.In}2.20ggaragraph(a)isrevisedtoreadasfollows: 5 2.201 Notice of violation. (a) In response to an alleged violation of any provisica of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a separate notice may be omitted if an order pursuant to 5 2.202 or demand for information pursuant to 5 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged 11
violationandImahrequirethatthelibenseeorany-otherpersonsubmit,within L! j twenty (20) days of the date of the notice or other specified time, a written ! 4 explanation or statement in reply (fghe1Commissi6nllbelievesithat'ith.ellicensee / has} noys1 ready l addressed [allltheli ssues : contai.riedi.fiMthe[noticif offvi b1 at ioni l - including: { (1) Corrective steps which have been taken by the licensee or other person and the results achieved; (2) Corrective steps which will be taken; and (3) The date when full compliance will be achieved. PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 4. The authority citation for Part 51 continues to read as follows:
AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L. 95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.6u, 51.80. and 51.97 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). 12
l Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)). ; g ek k O
- 5. In 51.10, paragraph (d) is revised to read as follows:
l l 5 51.10 Purpose and scope of subpart: Applications of regulations of Council on Environmental Quality I i
* * * *
- l l
l (d) Commission actions initiating or relating to administrative or judicial civil or criminal enforcement actions or proceedings are not subject to section 102(2) of NEPA. These actions include issuance of notices of l l violation, orders, and denials of requests for action pursuant to subpart B of 13
part 2 of this chapter; matters covered by part 15 and part 160~of this chapter; and issuance of confirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance..~ ~ '.)
',, -* f, :n ! '
f L j
.fW Date at Rockville, Maryland, this Y day of , 1996.
For the Nuclear Regulatory Commission. l l James M. Taylor, Executive Director for Operations. l l 14
- .. . - . - . - - - - . - - . - . - . . . - -- - ~.~ ~ ..- - .
I [7590-01-P] NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 51 Deletion of Outdated References and Minor Change l 1 RIN 3150-AF43 l i i l AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. I l
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations I i
to delete outdated references g[prifi6dsl Ideleted!ApppndiMCitb 10):CFR{pprtl2. This::endmentfi;nal[rul,ealsoprovidesthattheNRCmayuse discretion te net require e-itten state:cnt frc.: pipardinsithelysquirement that a licensee ir re: pen:c to netice of vic1 tien or other person to whom a noticeofviolationhasbeensentmusQsubmit{ajwrittenjexplanationfor ytatementhjffrepif[tolthelnotjes. If the NRC believes that the licensee or other person had already adequately addressed all the issues contained in that notice, ifurtheRwritteniresponsish:inld,ishfetionidf$thelNRCHinafinotMi
~
pequiredi Thi: action is necces:ry te delete cutdated reference: and clarify the Cceri::icn's regulations. DATE: This final rule is effective on [ insert date 75 days after publication] unlesssomeonesubmitspigpifidantadversecomments. Submit comments by [ insert date 30 days after publication]. If the effective date is delayed, timely notice will be published in the Federal Register.
l ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory l Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch. Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays. i Examine copies of comments received at: The NRC Public Document Room, 2120 L Street NW (Lower Level), Washington, DC. FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory I Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone I (301) 415-6181. E-Mail: INTERNET:MLA@NRC. GOV. SUPPLEMENTARY INFORMATION:
Background
The NRC has recer,tly deleted Appendix C, " General Statement of Policy and Procedure for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995), because the Enforcement Policy is not a regulation. This de' information has been published as a policy statement entitled " General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy," (June 30, 1995; 60 FR 34381). However, there are two sections (10 CFR 2.8(b) and 51.10(d)) in the Commission's regulations where Appendix C to Part 2 we-if still referenced. This rulemaking deletes both outdated references. This rulemaking also 2
.- -. .- .- -_ _ -_ = . _ - .. - . - - . - - -
i j f provide amends 5 2.201, " Notice of Violation," to provide that the NRC may 1 l usediscretiontenotrequireregardingithe.Tsubmittallbfawrittenresponse l I statement from a licensee 4e re: pense to a notice of viclation) If the NRC believes that the licensee had-has already adequately addressed all the issues ) contained in that notice +, furtherl written::Tssponse(mayjotj:befreqdired 4
- Because the NRC considers these amendments to;be minors and
- administrative in nature, andlekpectedito betnonc6ntrovers'.ii.1, the NRC is i approving this action hilsLdirectifinalfrdle without prior notice. The action i will become effective on (75 days from date of publication). However, if the l
. l NRC receives sign.ificant adverse comments by (30 days from date of i , publication), the NRC will publish a document that withdraws this action, and
- will address the comments received in response to the requested revisions l j which have been proposed for approval in the prepened rule section of the 4
- Federal Register. If adverse comments are received in response to this j action, the comments will be addressed in a final rule published in response
! to this action. The NRC will not initiate a second comment period on this j action. i i Discussion Section 2.8 Information collection requirements: 0MB approval. Section 2.8 (a) currently states that the Office of Management and Budget (0MB) has approved the information collection requirements. Section 2.8 (b) states that the approved information collection requirements appear in 3
i AppendixCtoi10iCFRjkt[2. Because Appendix C ha4-has been deleted from 4 part 2, there are no longer any information collection requirements contained
- in this part. Thus, i 2.8 is amended to state that there are no information l
collection requirements contained in this part. It should be noted that the any burden for the information collection requirements still rc= ins except ] that the burden relatedito? enforcement 7 actions is currently associated with the policy statement (June 30, 1995; 50 FR 34381), rather than with part 2. i l Section 51.10 Purpose and scope of subpart; application of regulations of 2 Council on Environmental Quality. Section 51.10 (d) currently states, "These actions include issuance of d notices, orders, and denials of requests for action pursuant to subpart B of . part 2 of this chapter, matters covered by part 15 and part 160 of this chapter, and any other matters covered by Appendix C to part 2 of this chapter." BecauseAppendixCto101CFRpart2ha4-haslbeendeleted,this sentence contains an incorrect reference. Thus, 5 51.10 (d) is amended by I deleting the reference to Appendix C to 10;CFR part 2. Instead, enforcement related actions of the type identified in the former Appendix C to ;1.0)CFR part 2, will be added, as examples, to the list of actions stated in 5 51.10 (d). Section 2.201 Notice of violation. Section 2.201 (a) currently states that, in response to a notice of violation, a licensee or other person subject to the jurisdiction of the Commission to whom a notice of violation has been sent will be required to 4
i 4 submit a written statement in reply including corrective steps that have been taken, corrective steps that will be taken, and the date when full compliance will be achieved. However, when a licensee or other person has already adequately addressed in writing the issues cont;ined in the notice of violation, the licensee or other person has already in effect, responded to the violation and a further written statement may become unnecessary. To clarify this position, paragraph (a) is amended to replace the existing phrase "will be required" by-si.th "may be required." This change provides that i grants the NRC may use discretion te not require a reg'a'rding}the[submittalfof a written statement if the NRC believes that the licensee or other person has I already adequately addressed all the issues contained in that notice. Electronic Access Comments may be submitted electronically, in either ASCII text or Wordperfect format (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on the bulletin board. If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number (800) 303-9672. Communication software parameters should be set as follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem can then be accessed by 5
4 i i selecting the " Rules Menu" option from the "NRC Main Menu." Users will find the "FedWorld Online User's Guides" particularly helpful. Many NRC subsystems l 4 and data bases also have a " Help /Information Center" option that is tailored
- to the particular subsystem. !
) The NRC subsystem on FedWorld can also be accessed by a direct dial 1 phone number for the main FedWorld BBS, (703) 321-3339, or by using Telnet via 1 j Internet: fedworld. gov. If using (703) 321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the
" Regulatory, Government Administration and State Systems," then selecting " Regulatory Information Mall ." At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the
- NRC Online Main Menu. The NRC Online area also can be accessed directly by typing "/go nrc" at a FedWorld command line. If you access NRC from FedWorld's main menu, you may return to FedWorld by selecting the " Return to l FedWorld" option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC j systems, but you will not have access to the main FedWorld system.
1
- If you contact FedWorld using Telnat, you will see the NRC area and menus, including the Rules Menu. Although you will be able to down17ad l documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is available.
There is a 15-minute time limit for FTP access. 6
Although FedWorld also can be accessed through the World Wide Web, like l FTP, that mode only provides access for downloading files and does not display the NRC Rules Menu, i For more information on NRC bulletin boards call Mr. Arthur Davis, l Systems Integration and Development Branch, NRC, Washington, DC 20555, { i telephone (301) 415-5780; e-mail AXD30nrc. gov. I Environmental Impact: Categorical Exclusion f l The NRC has determined that this direct final rule is the type of action I described as a categorical exclusion in 10 CFR 55 51.22(c)(1) and 51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule. 1 1
- Paperwork Reduction Act Statement This direct final rule contains no information collection requirements, and therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing requirements that have been approved by the Office of Management and Budget, approval number 3150-0136, have been transferred to NUREG-1600, General Statement of Policy and Procedures for NRC Enforcement Actions -- Enforcement Policy.
7 i
i Public Protection Notification ! The NRC may not conduct or sponsor, and a person is not required to j respond to, a collection of information unless it displays a currently valid OMB control number. i 1 Regulatory Analysis l 1 This direct final rule deletes an outdated reference and provides that i theNRCmayusediscretiontenotrequireFegardingsthe]jubmit.taljofauritten statement response from a licensee if the NRC believes that the licensee or
- bther[persos has already adequately addressed all 6he issues contained in a 4
notice of violation. Deleting the outdated reference will have no impact on l 1 1 j licensees, the NRC, or the public. Providing the discretion to NRC will i i reduce the burden for preparing unnecessary reports by licensees and for reviewing these reports by the NRC without compromising the public health and safety. However, it is impossible to quantify the reduction in burden because the number of discretions to be authorized cannot be estimated. Therefore, i l the burden under the direct final rule would be at most equal, but probably i less than, the burden under the existing regulations. Based on the above i discussion, the NRC concludes that the direct final rule should be ! promulgated. I 3 i a i i
i Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not l apply to this rule, and therefore, a backfit analysis is not required because these amendments do not involve any provisions that would impose backfits as ; l defined in 10 CFR Part 50.109(a)(1). i l Subject Terms for 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear 1 power plants and reactors, Penalties, Sex discrimination, Source material, l Special nuclear material, waste treatment and disposal. 1 1 Subject Terms for 10 CFR Part 51 l 1 l Administrative practice and procedure, Environmental Impact statement, Nuclear power plants and reactors, Reporting and recordkeeping requirements. For reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51. 9
1 3 PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS
- 1. The authority citation for part 2 continues to read as follows:
AUTHORITY: Secs.161,181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552. Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f), Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10134(f)); sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161b, i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201 (b), (1), (o), 2236, 2282); sec. 206, 88 Stat 1246 (42 U.S.C. 5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued under 5 U.S.C. 554. Sections 2.754, 2.760, 2.770, 2.780 also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 1 161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also issued under 5 U.S.C. 553 and sec. 29, Pub. L. 85-256, 71 Stat. 579, as 10
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amended (42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 U.S.C. 10154). Subpart L also issued under sec.189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-560, 84 Stat.1473 (42 U.S.C. 2135). Appendix B also issued under sec.10, Pub. L. 99-240, 99 Stat.1842 (42 U.S.C. 2021b et seq.).
- 2. Section 2.8 is revised to read as follows:
5 2.8 Information collection reauirements: OMB approval. This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
- 3. In 5 2.201 paragraph (a) is revised to read as follows:
5 2.201 Notice of violation. (a) In response to an alleged violation of any provision of the Act or this chapter or the conditions of a license or an order issued by the Commission, the Commission may serve on the licensee or other person subject to the jurisdiction of the Commission a written notice of violation; a separate notice may be omitted if an order pursuant to 5 2.202 or demand for information pursuant to 5 2.204 is issued that otherwise identifies the apparent violation. The notice of violation will concisely state the alleged 11
.- - - . .-. - - - -- . - - ~ - - - - = . - . - - - . . . _
1 ! violation and may require that the licensee or any-other person submit, within twenty (20) days of the date of the notice or other specified time, a written explanation or statement in reply ofitheTCo.mmissionfblelievssthatltheVlicensee h as7h ot? al re adyladdre s sed j al litheM s s tie s] con t'a i nidj i rGthE!not i de? o f@i ol atj.os? including: f (1) Corrective steps which have been taken by the licensee or other person and the results achieved; i (2) Corrective steps which will be taken; and l (3) The date when full compliance will be achieved. PART 51 -- ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS 1
- 4. The authority citation for Part 51 continues to read as follows- 1 AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.
95-604, Title II, 92 Stat. 3033-3041; and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243). Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also x issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148, Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168). 12
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. 2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C. 10134(f)). 1
- 5. In 5 51.10, paragrar'. (d) is revised to read as follows:
5 51.10 Purpose and scope of subpart: Applications of regulations of Council on Environmental Quality (d) Commission actions initiating or relating to administrative or judicial civil or criminal enforcement actions or proceedings are not subject to section 102(2) of NEPA. These actions include issuance of notices of violation, orders, and denials of requests for action pursuant to subpart B of l s 13
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p..___._._.._.____.__. _ . _ _ _ _ . . _ . _ _ . _ _ _ _ . _ _ _ _ . _ . . . _ _ _ _ _ _ _ . _ . . i q part 2 of this chapter; matters covered by part 15 and part 160 of this chapter; and issuance of confirmatory action letters, bulletins, generic 1
- letters, notices of deviation, and notices of nonconformance.
! Date at Rockville, Maryland, this day of , 1996. 1 l j For the Nuclear Regulatory Commission. 1 l l > 1 1 1 James M. Taylor, j Executive Director for Operations. i i l i i 1 i t i l i l b I t i 14 1 1 0 _ . - -}}