ML20211P916

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Informs That Proposed Rule That Will Eliminate Lpdrs & Make NRC Web Site Primary Location for Making Info Publicly Available,Have Been Reviewed.Three Corrections to Be Made Were Found & Noted in Encl
ML20211P916
Person / Time
Issue date: 03/07/1999
From: Grimsley D
NRC OFFICE OF THE CONTROLLER
To: Cameron C, Meyer D
NRC OFFICE OF ADMINISTRATION (ADM), NRC OFFICE OF THE GENERAL COUNSEL (OGC)
Shared Package
ML20211N634 List:
References
FRN-64FR24531, RULE-PR-1, RULE-PR-100, RULE-PR-110, RULE-PR-2, RULE-PR-50, RULE-PR-51, RULE-PR-52, RULE-PR-60, RULE-PR-62, RULE-PR-7, RULE-PR-72, RULE-PR-75, RULE-PR-76, RULE-PR-9 AG07-1, AG07-1-024, NUDOCS 9909140137
Download: ML20211P916 (5)


Text

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3/7/99 10:30 a.m.'

To: Chip Cameron, OGC l David Meyer, ADM

/ i From: Donnie Grimsley,0C10 '

At Mr. Galante's request I reviewed the proposed rule that will eliminate the LPDRs and make the NRC Web site the primary location for making information publicly available.

I found three corrections I think should be made. They are noted in the attached pages of the proposed rule that I have modified. I have underlined the changes or marked them. i

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On page 1 the language was change from "This amendment is" to "These amendments are" and from ."... reflect a new.." to " ... reflect a NRC decision to implement a new..."

L On page 27 at the top I added "/or" to "and" to ensure consistency with similar provisions in the proposed rule.

On page 40, I noted that Section 60.63 (f) also should have been included in the proposed rule

. and have added the' changed needed to that section.

. Please advise me if you concur in these changes. As soon as I receive your concurrence I will

" forward the package to Mr. Galante to sign out to the Commissioners.

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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76,100, and 110 RIN 3150-AG07 ELECTRONIC AVAILABILITY OF NRC PUBLIC RECORDS AND ENDING OF NRC LOCAL PUBLIC DOCUMENT ROOM PROGRAM AGENCY: Nuclear Regulatory Commission.

i ACTION: Proposed rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is proposing amendments to its regulations that would reflect a change in the way its records are made available to the public. The amendments are

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intended to reflect the NRC 's decision tojmp]AIDAD1.a new document management system that would permit the electronic storage, retrieval, and on-line ordering of publicly available NRC official records through the NRC Web site.

DATE: Submit comments by (45 days following publication in the Federal Reaister). Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before this date.

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T and/or at the NRC Public Document Room, and that the record may be obtained in accordance with 1

the procedures set forth in paragraph (a) of this section. '

(e) The Freedom of Information Act and Privacy Act Officer will promptly forward a Freedom of Information Act request made under paragraph (b) of this section for an agency record to the head I l

of the office (s) primarily concerned with the records requested, as appropriate. The responsible office will conduct a search for the agency records responsive to the request and compile those agency records to be reviewed for initial disclosure determination and/or identify those that have already been made publicly available at the NRC Web site, htto://www.nrc.oov, and/or at the NRC Public Document Room.

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29. In 99.35, paragraph (e) is removed, paragraphs (a)(2), (a)(5) and (b) are revised to read as follows:

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@9.35 Duplication fees.  ;

(a)

(2) Self-service duplicating machines are available at the NRC Public Document Room for the use of the public. Paper to paper copy is $0.08 per page. Microfiche to paper is $0.10 per page on the reader printers.

(5) Any change in the costs specified in this section will become effective immediately pending completion of the final rulemaking that amends this section to reflect the new charges. The Commission will post the charges that will be in effect for the interim period at the NRC Public Document Room. The Commission will publish a final rule in the Federal Register that includes the new charges within 15 workin; days from the beginning of the interim period.

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(d) Copies of all communications by the Director under this section are available at the NRC '

Web site, htto://www.nrc.oov, and/or at the NRC Public Document Room, and copies are furnished to DOE,

53. In 860.63, paragraphs (b)and (f) are revised to read as follows:

960.63 Participation in license reviews.

(b) In addition, whenever an area has been approved by the President for site ,

characterization, a State or an affected Indian Tribe may submit to the Director a proposal to facilitate its participation ;n the review of a site characterization plan and/or license application. The proposal may be submitted at any time and must contain a description and schedule of how the State or i affected Indian Tribe wishes to participate in the review, or what services or activities the State or affected Indian Tribe wishes NRC to carry out, and how the services or activities proposed to be carried out by NRC would contribute to such participation. The proposal may include educational or information services (seminars, public meetings) or other actions on the part of NRC, such as employment or exchange of State personnel under the Intergovernmental Personnel Act.

(f) Proposals submitted under this section, and responses thereto, shall be made available at the NRC Web site. http://www.nrc.oov, and/or at the NRC Public Document Room.

PART 62-CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES

54. The authority citation for Part 62 continues to read as follows:

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1K9 UMT4 #60.63 nnicipahon in inense reuew s. hup.. w w w .ntc.gm . N RL L 1 K PAK 1000. panUou-UUo3.htnu 60.63 Participrtion in license reviews.

(a) State and local governments and affected Indian Tribes may participate in license reviews as provided in subpart G of part 2 of this chapter. A State in which a repository for high-level radioactive waste is proposed to be located and any affected Indian Tribe shall have an unquestionable legal right to

- participate as a party in such proceedings.

(b) In addition, whenever an area has been approved by the President for site characterization, a State or an affected Indian Tribe may submit to the Director a proposal to facilitate its participation in the review of a site characterization plan and/or license application. The proposal may be submitted at any time and shall contain a description and schedule of how the State or affected Indian Tribe wishes to participate in the review, or what services or activities the State or affected Indian Tribe wishes NRC to carry out, and how the services or activities proposed to be carried out by NRC would contribute to such participation.

g The proposal may include educational or information services (seminars, public meetings) or other actions on the part of NRC such as establishing additional public' document roomfor employment or exchange of State personnel tinder the Intergovernmental Personnel Act. A #

(c) The Director shall arrange for a meeting between the representatives of the State or affected Indian Tribe and the NRC staff to discuss any proposal submitted under paragraph (b) of this section, with a view to identifying any modifications that may contribute to the effective participation by such State or Tribe.

(d) Subject to the availability of funds, the Director shall approve all or any part of a proposal, as it may be modified through the meeting described above, ifit is determined that:

(1) The proposed activities are suitable in light of the type and magnitude ofimpacts which the State or affected Indian Tribe may bear; (2) The proposed activities:

(i) Will enhance communications between NRC and the State or affected Indian Tribe; (ii) Will make a productive and timely contribution to the review; and (iii) Are authorized by law.

(e) The Director will advise the State or affected Indian Tribe whether its proposal has been accepted or denied, and if all or any part of proposal is denied, the Director shall state the reason for the denial.

V (f) Proposals submitted under this section, and responses thereto, shall be made available at the Public Document Room, f

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