[Federal Register Volume 59, Number 168 (Wednesday, August 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21454]


[[Page Unknown]]

[Federal Register: August 31, 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: Final rule.

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summary: The Nuclear Regulatory Commission (NRC) is amending its 
regulations to 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. This action is necessary 
because the NRC has reduced 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 final rule reduces the level of NRC staff effort, paperwork, and 
distribution costs.

effective date: September 30, 1994.

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) 415-
7162 or Toll Free 800-368-5642.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 1994 (59 FR 24371), the NRC published a notice of 
proposed rulemaking to amend 10 CFR 2.802(g) to reduce the frequency of 
the summary report on the status of petitions for rulemaking from 
quarterly to semiannually. This report, which was developed in response 
to a petition for rulemaking (PRM-2-4), appears as part of the NRC 
Regulatory Agenda. 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 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 NRC 
meets the public information requirements of the Regulatory Flexibility 
Act (5 U.S.C. 602) and Executive Order 12866 through its participation 
in the Unified Agenda of Federal Regulations. The Unified Agenda of 
Federal Regulations contains the same information concerning NRC 
rulemaking activity that is published in the NRC Regulatory Agenda.

Public Comment

    The comment period for the proposed amendment closed June 10, 1994. 
The NRC received two public comments on the proposed action. Both 
commenters indicated their support for the reduction in the 
administrative burden and publication costs that would result from the 
reduced frequency of publication. The commenters also indicated that 
they would welcome the availability of the NRC Regulatory Agenda 
through electronic access.
    One commenter expressed concern that the rule would be implemented 
before the NRC Regulatory Agenda is made available through electronic 
communications. The NRC staff is continuing to explore the most 
appropriate alternatives for making the NRC Regulatory Agenda available 
electronically. When the most appropriate vehicle is selected and 
implemented, the NRC will announce the electronic availability of the 
NRC Regulatory Agenda in the Federal Register. The NRC notes that, as 
is current practice, an interested person may obtain information 
concerning NRC rulemaking procedures or the status of any rule 
contained in the NRC Regulatory Agenda by contacting the Rules Review 
and Directives Branch, (301) 415-7158. Persons outside the Washington, 
DC, metropolitan area may call toll-free 800-368-5642. For further 
information on the substantive content of any rule listed in the 
agenda, a person may contact the individual listed under the ``Agency 
Contact'' heading for that rule.
    In addition, on June 8, 1994, the Federal Register became available 
on Internet in a multitiered subscription service. This electronic 
version captures the Unified Agenda of Federal Regulations, which is 
published in the Federal Register. The Unified Agenda of Federal 
Regulations includes a section on the status of NRC's rulemakings.
    One commenter expressed opposition to the proposed rule if it would 
cause delays in the processing of new petitions received by the NRC. 
The NRC notes that the processing of petitions for rulemaking is in no 
way related to the frequency with which the NRC Regulatory Agenda is 
published. Therefore, the adoption of this rule would not cause any 
delays in processing new petitions received by the NRC.

The Final Rule

    The content and the status of the rulemaking actions and petitions 
for rulemaking summarized in the NRC Regulatory Agenda do not change 
frequently enough to justify a quarterly publication. Therefore, the 
NRC will publish the NRC Regulatory Agenda in January and July of each 
year. Section 2.802(g), concerning the frequency of the status of 
petitions for rulemaking, is revised to reflect this change. The NRC 
will continue to publish an updated agenda of its rulemaking actions in 
the Unified Agenda of Federal Regulations each April and October.

Environmental Impact: Categorical Exclusion

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

Paperwork Reduction Act Statement

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

Regulatory Analysis

    The NRC has not prepared a regulatory impact analysis for this 
final 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 this rule does not have a significant 
economic impact on a substantial number of small entities. This is an 
administrative action that reduces 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 action would 
have no economic impact on any NRC licensee, including small entities.

Backfit Analysis

    The NRC has determined that the backfit rule, 10 CFR 50.109, does 
not apply to this final rule and, therefore, that a backfit analysis is 
not required for this final rule because these amendments do not 
involve any provisions 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. 552 and 553, the NRC is adopting 
the following amendment 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 on a 
semiannual basis a summary of petitions for rulemaking before the 
Commission, including 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., Washington, DC.

    Dated at Rockville, Maryland, this 19th day of August 1994.

    For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 94-21454 Filed 8-30-94; 8:45 am]
BILLING CODE 7590-01-M