ML20128N323
| ML20128N323 | |
| Person / Time | |
|---|---|
| Issue date: | 09/20/1995 |
| From: | Cant G NRC |
| To: | Au M NRC |
| Shared Package | |
| ML20128N048 | List:
|
| References | |
| FRN-61FR43406, FRN-61FR43409, RULE-PR-2, RULE-PR-51 AF43-2-010, AF43-2-10, NUDOCS 9610160351 | |
| Download: ML20128N323 (24) | |
Text
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KEY *L i
8 From: Geoffrey D. Cant To: MLA Date: 9/20/95 2:57pm
Subject:
rulemaking t
we fully support the idea of direct rulemaking - hope you can make it happen.
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9610160351 961009 PDR PR ,
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[7590-01]
NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 and 10 CFR Part 51 Minor Corrections to Reflect Enforcement Changes RIN 3150-AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
SUMMARY
- The Nuclear Regulatory Commission is amending its regulations to provide two minor changes to remove requirements for licensee response to a Notice of Violation in cases where the licensee has adequately addressed the issue and to remove all references to 10 CFR Part 2, Appendix C in the regulations.
DATE: This final rule is effective [ insert 75 days after publication] unless someone submits adverse comments. Submit comments by (insert date 30 days after the date of publication in the Federal Register). 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. ATTN: Docketing and Services Branch.
Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, between 7:45 am and 4:15 pm Federal workdays.
I 7 I Copies of comments received may be examined at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC. ,/
-f l
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 mohm, and one of the commonly available communications software packages, or dii tly via Internet. Background documents on the rulemaking are also available, as practical, for downloading and viewing on l 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
" Regulatory, Government Administration and State Systems," then selecting 2
1 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 3
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 j 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 i 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 j 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. i 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 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.
- ~
Examine copies of comments received at: The NRC Public Document Room, )
2120 L Street NW (Lower Level), Washington, DC. -
x_ . _ _ _ . _ _ _ -
3
! l l
FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory l Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555, telephone ,
t (301) 415-6181. E-Mail: INTERNET:MLA@NRC.G0V.
i 1
i SUPPLEMENTARY INFORMATION:
4 j Background By Staff Requirement Memorandum (SRM) dated May 16, 1995, the Commission approved significant changes in the enforcement program and directed the staff 3
- to amend certain related regulations. The first change addressed 10 CFR Part
)
2.201(a). This change gave ther NRC discretion to not require a response to a 1 Notice of Violation when the NRC believes the licensee has already adequately i
addressed the issue. The two other changes are needed to reflect the removal of the Enforcement Policy previously published as Appendix C to Part 2, from the regulations.
1 Discussion In connection with this direct final rule, the Commission approved changes in the enforcement program and directed the staff to amend certain related regulations. The first change addresses 10 CFR Part 2.201(a). The 1
second sentence of that section, the second "will" should be changed to read !
i "may". This change will give the NRC discretion to not require the licensee to respond to a Notice of Violation when the staff believes that the licensee l
has already adequately addressed the issue. j l
4 1
1 I
In , 1995, ( FR ), NRC deleted Appendix C to 10 CFR Part 2.
However, there are two sections in 10 CFR Part 2.8(b) and 10 CFR Part 51.10(d) that reference Appendix C of Part 2 in the regulations. Both of these references need to be deleted.
l Environmental Impact: Categorical Exclusion The NRC has determined that this direct final rule is the type of action described in categorical exclusion 10 CFR 51.22(c)(14). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this regulation.
Paperwork Reduction Act Statement l l
l l
1 This part contains no information collection requirements and therefore 7
is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 ,
et seq.).
Regulatory Analysis A regulatory analysis has not been prepared for this direct final rule because it is not expected to have significant adverse impact on licensees subject to this direct final rule.
l 5
I
l l l
j Regulatory Flexibility Certification i
i As' required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),
- the Commission certifies that this direct final rule does not have a significant economic impact on a substantial number of small entities.
l Backfit Analysis 4
i
! The NRC has determined that,the backfit rule, 10 CFR 50.109, does not t
j apply to this direct final rule, because these amendments do not involve any l - provisions which would impose backfits as defined in 10 CFR 50.109(a)(1) that i
i a backfit analysis is not required for this direct final rule.
{ List of Subjects i
l Nuclear power plants and reactors, Penalties, Radiation protection, a
I Reporting and recordkeeping requirements.
e
! For reasons set out in the preamble and under the authority of the i
i Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 i
j as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following
! amendments to 10 CFR Parts 2 and 51.
I PART 2 - RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDING 1
] AND ISSUANCE OF ORDERS i
i j 1. The authority citetion for Part continues to read as follows:
i j 6 4
l 1
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--- ---- < . - - - - - . ~ .
i 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. l 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, l 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 1
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, l 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. l 1
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 and Table 1A of Appendix C 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 7
! 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.).
5 2.8 [ Amended] I
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.I
- 3. Section 2.8 is de ted.
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l 5 2.201 [ Amended]
h
- 4. Section 2.201(a) is revised to read as follows:
(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 Section 2.202 or demand S
for information pursuant to Sec k 2.204 is issued that otherwise identifies the apparent violation. The notice of violation may' concisely state the alleged violation and Iik 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.
(b) The notice may require the_ licensee.or-other-person-subject to the
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jurisdiction of the Commission to admit or deny the violation and to state the
\
reasons for the violation, if admitted. It may provide that, if an adequate ,
reply is not received within the time specified in the notice, the Commission f
may issue an order or a demand for information as to why the license should not be modified, suspended or revoked or why such other action as may be proper should not be taken.
PART 51 - ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING AND RELATED REGULATORY FUNCTIONS
- 5. AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 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, l i
secs. 102, 104, 105, 83 Stat. 853-854, as amended (42 U.S.C. 4332, 4334, l 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). 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 ll4(f), 96 Stat.
2216, as amended (42 U.S.C. 10134(f)).
9
i 51.10 [ Amended]
- 6. Section 51.10(d) is revised to read as follows:
(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 chapte _and matters covered by part 15 and part 160 of this chapter',
Date at Rockville, Maryland, this day of ,,1995.
FortheNuclearRegulatory'CImmission.
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,. ~J'ames M. Tay1or, j
Executive Director for Operations.
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A F 4 3 f fZ g He le h Ta lor lm jQ Cette.cfia,~ .
This proposed 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.
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.
i 1
1Q40s&@p4 py C h # [7590-01]
NUCLEAR REGULATORY COMMISSION
/
10 CFR.Part d 10 CFR Part 51 . 3
- Mino ! f>akE 4-En si ,C rry RIN 3150-
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,/ - _._ .
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AGENCY: Nuclear Regulatory Commission.
l ACTION: Direct final rule.
SUMMARY
- The Nuclear Regulatory Commission is amending its regulations to delete outdated references in parts 2 and 51. Furthermore, the NRC is clarifying in part 2 that the NRC may use discretion to not require a written statement from a licensee in response to a notice of violation if the NRC -
believes that the licensee had already adequately addressed all the issues h g, 1
- tfu, t
~
contained in that notice. Because these amendmen_ts are~ administrative in
{R ) 3 nature, it is not expected to have any impact o licensees. Sagt }
cw hQl DATE: This final rule is effective:[ insert 75 days after publication] uniess A- >
A' _. - - .
someone submits adverse comments. Submit comments by linsert 30 days g after t&""cf pl/)lication ub
- ~~
in-4ha Fadaral Regingh/< If the effective QP 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. ATTN: Docketing and Services Branch.
MLA ( \ ,. / %[
4 i ,
l Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, 20852, i between 7:45 am and 4:15 pm Federal workdays.
i '
Examine copies-of comments received at: The NRC Public Document Room,
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- 2120 L Street NW (Lower Level), Washington, DC. g Qd
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{ EieltFonic' Access- x 7 i
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j Comments may be submitted electronically, in either ASCII text or i
- 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 j /softwarepackages,ordirectlyviaInternet. Background documents on the
! /
! I rulemaking are also available, as practical, for downloading and viewing'on i ! \
1 l the bulletin board.
} l If using a' personal computer and modem, the NRC rulemaking subsystem on j l FedWorld can be accessed directly by dialing the toll free number (800) 303- .
I i !
j j 9672. Communication software parameters should be set as follows: parity to I
- i I
{
none, data bits to 8, and stop bits to 1 (N,8,1). UsingANSIorVT-100l 1 !
i i terminal emulation, the NRC rulemaking subsystem can then be accessed by' 1
j selecting the " Rules Menu" option from the "NRC Main Menu." Users willL find !
i the "FedWorld Online User's Guides" particularly helpful. Many NRC su' systems b and data bases also have a " Help /Information Center" option that is' tailored l
to the particular subsystem. j The NRC subsystem on FedWorld can also be accessed by'a direct dial l
phone number for the main FedWorld BBS, (703) 321-3339',~ or by using Telnet via N i x
- p. gree # '
1 J
i 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 fiain 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.
j 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.
s 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 4
3
a 4 a e 4
i i
i 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.G0V.
SUPPLEMENTARY INFORMATION:
i l Background i
1 The NRC has recently deleted Appendix C to 10 CFR Part 2, entitled i
" General Statement of Policy and Procedure for NRC Enforcement Actions," l because the Enforcement Policy is not a regulation (60 FR 34380; June 30, 1995). The information in Appendix C to part 2 has been published as a policy statement entitled " General Statement off eltfy and Rocedures for NRC Enforcement Actions -- Enforcement Policy g* NUREG-1600' July 19$ f
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h p However, there are two sections in 10 CFR (il 2.8 and 51.10(d)) where c.
g Appendix C to Part 2 are still referenced. This rulemaking is to delete oth um i
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outdated references. Furthermore,thisrulemakingistoc1Irify52.20L, M
entitled " Notice of Violation," that the NRC may use discretion to noth require a written statement from a licensee in response to a notice of violation if the NRC believes that the licensee had already adequately addressed all the issues contained in that notice.
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 receive any public comment letters during the 30-day public comment period 4
stating that they have adverse comments, the NRC will transform this direct l final rule to a proposed rule, consider the comments, and publish' final rule. Otherwise, the direct final rule will became effectiYe ah ' insert
'date ysafterpublicatio2. \ - -
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._ - , - - - ,\ -
9'2T Discussion A. Deleting outdated references 5 2.8 Information collection requirements: 0MB approval.
Paragraph (a) of this section states that the Office of Management and Budget (OMB) has approved the information collection requirements. Paragraph (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, 6 2.8 will be amended to state that there is no information collection requirements contained in this part. It should bc noted that the burden for the information collection requirements still remain except that the burden is currently associated with the policy statement, rather than with part 2.
5 51.10 Purpose and scope of subpart; application of regulations of Council on Environmental Quality.
5
\
l Paragraph (d) of this section 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 otr matters covered by Appendix C to part 2 of this chapter."
Because Appendix C to part 2 had been deleted, this sentence is no long correct. Thus, paragraph (d) will be amended to delete the reference to Appendix C to part 2. Furthermore, the actions contained in the former Appendix C to part 2, such as confirmatory action letters, bulletins, generic letters, will be added to the list of actions stated in paragraph (d).
B. Clarif_yino 5 2.201 5 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 including correctiu steps have been taken, corrective steps will be taken, '
and the date full compliance will be achieved. However, when a licensee had already adequately addressed the issues contained in the notice of violation, such a written statement may became unnecessary. To clarify this position, paragraph (a) will be amended to replace the existing phrase "will be 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 believes that the licensee had already adequately addressed all the issues
! 6
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l contained in that notice. g .
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h4 Environment;l Impact: Categorical Exclusion l
l The NRC has determined that this direct final rule is the type of action
. described in categorical exclusion 10 CFR 51.22(c)(14). Therefore, neither an
! environmental impact statement nor an environmental assessment has been l . prepared for this regulation.
a l Paperwork Reduction Act Statement i
e j This direct final rule contains no information collection requirements,
- and therefore, it is not subject to the requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). Existir.;, requirements that have been approved by the Office of Management and Budget,-approval number 3150-0136,
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have been transferred to NUREG-1600, G6neral Statement.of Pol cy and Procedures for NRC Enforcement, Actions < _ - M(This parahrald' is ptw 4 h pending t ntative IRM approval .)
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Regulatory Analysis 2
A regulatory analysis has not been prepared for this direct final rule because it is not expected to have any impact on licensees subject to this direct final rule.
7
4 Regulatory Flexibility Certification As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 605(b),
the Commission certifies that this direct final rule does not have a significant economic impact on a substantial number of small entities.
4 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.
List of Subjects l
Nuclear power plants and reactors, Penalties, Radiation protection, Reporting and retardkeeping 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 PROCEEDING AND ISSUANCE OF ORDERS
- 1. The authority citation for Part continues to read as follows:
8
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, 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 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 l 1
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 and Table 1A of Appendix C'also issued under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
1 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. l 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 9 I I
4 i
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.).
4 5 2.8 [ Amended]
i I
! 1 j 3. Section 2.8 is revised to read as follows: '
)
4
)
This part contains no information collection requirements and therefore is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 j
. et seq.).
I l
l i 2.201 [ Amended]
1
- 4. Section 2.201(a) is revised to read as follows:
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 ,
1 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 1
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:
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(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
- 5. AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); seus. 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, 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, 1
10161,10168). Section 51.22 also issued under sec. 274, 73 Stat. 688, as 1
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)).
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5 51.10 [ Amended]
- 6. Section 51.10(d) is revised to read as follows:
(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 issuance of confirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance.
Date at Rockville, Maryland, this day of , 1995.
For the Nuclear Regulatory Commission.
James M. Taylor, Executive Director for Operations.
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