[Federal Register Volume 59, Number 90 (Wednesday, May 11, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11437]


[[Page Unknown]]

[Federal Register: May 11, 1994]


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NUCLEAR REGULATORY COMMISSION

10 CFR PART 2

RIN 3150-AE85

 

Summary Report on the Status of Petitions for Rulemaking; 
Frequency

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing an 
amendment to its regulations that would reduce the frequency of the 
summary report on the status of petitions for rulemaking, which is 
included in the NRC Regulatory Agenda, from quarterly to semiannually. 
The proposed action is necessary because the NRC intends to reduce the 
publication of the NRC Regulatory Agenda from quarterly to semiannually 
as the status of rulemaking actions and petitions for rulemaking is not 
subject to frequent change. The proposed rule is intended to reduce the 
level of NRC staff effort, paperwork, and distribution costs.

DATES: Comment period expires June 10, 1994. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to assure consideration only for comments received 
on or before this date.

ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Attention: Docketing and Service 
Branch.
    Deliver comments to: 11555 Rockville Pike, Rockville, Maryland, 
between 7:45 am and 4:15 pm Federal workdays.
    Copies of any comments received may be examined at the NRC Public 
Document Room at 2120 L Street, NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT:David L. Meyer, Chief, Rules Review and 
Directives Branch, Division of Freedom of Information and Publications 
Services, Office of Administration, Telephone (301) 492-7086 or Toll 
Free 800-368-5642.

SUPPLEMENTARY INFORMATION:

Background

    In a letter dated December 30, 1976, Ms. Karen J. Husemeyer 
submitted a petition for rulemaking with the NRC. The petition was 
docketed as PRM-2-4, and a notice of receipt was published in the 
Federal Register of February 24, 1977 (42 FR 10911). The petitioner 
requested that the NRC annually review each petition having a docket 
number. The petitioner also requested that the status of proposed rule 
changes be made part of an administrative report that would be subject 
to public review.
    In response to this petition for rulemaking, the NRC amended its 
rules of practice governing the receipt and processing of petitions for 
rulemaking on October 31, 1977 (42 FR 56950). In the final rule, the 
NRC stated that it would prepare a summary report on the status of 
petitions for rulemaking on a quarterly basis and make this report 
available for public inspection and copying in the Public Document 
Room. The provision concerning the preparation and availability of the 
summary report on petitions for rulemaking is codified at 10 CFR 
2.802(g). This report was published under the heading ``NRC Petitions 
for Rulemaking'' until April 29, 1982, when it was incorporated into 
the NRC Regulatory Agenda and published in the Federal Register (47 FR 
18508).
    On November 9, 1979, the Commission also requested that a quarterly 
summary be prepared for rulemaking efforts not associated with 
petitions for rulemaking. The NRC staff prepared a report that 
indicated the status of proposed rules and advance notices of proposed 
rulemaking for the period of January through March 1980. Although this 
was a one-time report, the Commission later recommended that the report 
be updated each quarter. This report was published under the heading 
``Status of Proposed Rules.'' It was subsequently replaced by the NRC 
Regulatory Agenda, first published in the Federal Register on October 
29, 1981 (46 FR 53594).
    The NRC Regulatory Agenda is a compilation of all rules on which 
the NRC has recently completed action, has proposed action, or is 
considering action, and all petitions for rulemaking that have been 
received by the Commission and are pending disposition. The NRC 
Regulatory Agenda provides the public with basic information regarding 
currently active NRC rulemaking activities and petitions for 
rulemaking. Since 1982, the NRC Regulatory Agenda has been updated and 
issued each quarter as NUREG-0936.
    The NRC also prepares and submits an agenda of its rulemaking 
activity for inclusion in the Unified Agenda of Federal Regulations, 
which is updated semiannually and published in the Federal Register. 
The Regulatory Flexibility Act (5 U.S.C. 602) requires that agencies 
publish semiannual regulatory agendas describing the regulatory actions 
they are developing that could have an impact on small entities. 
Executive Order 12866 establishes minimum standards for an agency's 
agenda, including specific types of information for each entry and 
publication in a uniform format. The NRC meets these public information 
requirements through its participation in the Unified Agenda of Federal 
Regulations. The Unified Agenda of Federal Regulations contains the 
same information concerning the NRC rulemaking activity that is 
published in the NRC Regulatory Agenda.

Proposed Action

    The Commission believes that the continued publication of the NRC 
Regulatory Agenda on a quarterly basis is unnecessary. The content and 
the status of the rulemaking actions and petitions for rulemaking do 
not change frequently enough to justify a quarterly publication. The 
NRC believes that a semiannual publication schedule is sufficient to 
inform the public of the NRC's rulemaking activity and of the current 
status of NRC's active rulemakings and petitions for rulemaking. The 
NRC Regulatory Agenda would continue to be published in January and 
July of each year. Section 2.802(g), which concerns the frequency of 
the status of petitions for rulemaking, would be revised to reflect 
this change. The NRC would continue to publish an updated agenda of its 
rulemaking actions in the Unified Agenda of Federal Regulations each 
April and October.
    To better inform the public of the status of NRC rulemakings, the 
NRC is exploring alternatives to make the information in the Regulatory 
Agenda available through electronic communications, such as via an 
electronic bulletin board. The NRC will make its next issuance of the 
Regulatory Agenda available in an electronic format on an electronic 
board that is accessible to the public.
    Also the NRC has established a computer bulletin board whereby the 
public can obtain a copy of the proposed rule entitled, ``Radiological 
Criteria for Decommissioning of Nuclear Facilities,'' and submit 
comments on this proposed rule via electronic communication. The NRC is 
exploring mechanisms to make this type of public access to rulemakings 
available for additional rulemakings in the future. In addition, the 
NRC routinely invites the public to submit comments on proposed rules 
in an electronic format.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this proposed regulation is the type of 
action described in categorical exclusion 10 CFR 51.22(c)(1). 
Therefore, neither an environmental impact statement nor an 
environmental assessment has been prepared for this proposed 
regulation.

Paperwork Reduction Act Statement

    This proposed rule contains no information collection requirements 
and therefore is not subject to the requirements of the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.).

Regulatory Analysis

    The NRC has not prepared a regulatory impact analysis for this 
proposed rule because it is an administrative action that would reduce 
the frequency of the summary report on the status of petitions for 
rulemaking, as included in the NRC Regulatory Agenda, from quarterly to 
semiannually.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act (5 U.S.C. 605(b)), 
the Commission certifies that, if promulgated, this rule will not have 
a significant economic impact on a substantial number of small 
entities. This is an administrative action that would reduce the 
frequency of the summary report on the status of petitions for 
rulemaking, as included in the NRC Regulatory Agenda, from quarterly to 
semiannually. This proposed action would have no economic impact on any 
NRC license, including small entities.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this proposed rule and, therefore, that a backfit analysis 
is not required for this proposed rule because these amendments do not 
involve any provisions that would impose backfits as defined in 10 CFR 
50.109(a)(1).

List of Subjects in 10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Environmental protection, Nuclear 
materials, Nuclear power plants and reactors, Penalties, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended, the Energy Reorganization 
Act of 1974, as amended, and 5 U.S.C. 553, the NRC is proposing to 
adopt the following amendments to 10 CFR Part 2.

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. 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 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. In Sec. 2.802, paragraph (g) is revised to read as follows:


Sec. 2.802  Petition for rulemaking.

* * * * *
    (g) The Director, Division of Freedom of Information and 
Publications Services, Office of Administration, will prepare a summary 
of petitions for rulemaking before the Commission. The report will be 
prepared semiannually and include the status of each petition. A copy 
of the report will be available for public inspection, and copying for 
a fee, in the Commission's Public Document Room, 2120 L Street, NW. 
(Lower Level), Washington, DC.

    Dated at Rockville, Maryland, this 2nd day of May 1994.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-11437 Filed 5-10-94; 8:45 am]
BILLING CODE 1590-01-P-M