[Federal Register Volume 61, Number 164 (Thursday, August 22, 1996)]
[Rules and Regulations]
[Pages 43406-43408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21167]
[[Page 43405]]
_______________________________________________________________________
Part III
Nuclear Regulatory Commission
_______________________________________________________________________
10 CFR Parts 2 and 51
Domestic Licensing: Technical Amendments; Final Rule and Proposed Rule
Federal Register / Vol. 61, No. 164 / Thursday, August 22, 1996 /
Rules and Regulations
[[Page 43406]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 2 and 51
RIN 3150-AF43
Deletion of Outdated References and Minor Change
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to delete all references to Appendix C, of 10 CFR Part 2.
Appendix C ``General Statement of Policy and Procedures for Enforcement
Actions,'' was removed from the Code of Federal Regulations because it
is a Policy Statement, not a regulation, and the enforcement policy was
published as a Policy Statement on June 30, 1995. This direct final
rule also provides that the NRC may use discretion when determining
whether to require a written explanation or statement in reply to a
notice of violation. When the NRC believes that the licensee or other
person who receives the notice of violation has already adequately
addressed all the issues contained in that notice, at the discretion of
the NRC, further written responses may not be required.
DATES: This final rule is effective on October 21, 1996, unless
significant adverse comments are received by the NRC. Comments should
be submitted by September 23, 1996. 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,
between 7:30 am and 4:15 pm Federal workdays.
For information on submitting comments electronically, see the
discussion under Electronic Access in the Supplementary Information
Section.
Copies of comments received may be examined or copies for a fee, 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-
0001, telephone (301) 415-6181. E-Mail: INTERNET:[email protected].
SUPPLEMENTARY INFORMATION:
Background
The NRC has removed Appendix C, ``General Statement of Policy and
Procedures for NRC Enforcement Actions,'' from 10 CFR Part 2 (60 FR
34380; June 30, 1995) inasmuch as the Enforcement Policy is a Policy
Statement, not a regulation. The enforcement policy, ``General
Statement of Policy and Procedures for NRC Enforcement Actions--
Enforcement Policy,'' was published as a Policy Statement on June 30,
1995 (60 FR 34381). It was also published as NUREG-1600 in July 1995.
There are two sections (10 CFR 2.8(b) and 51.10(d)) in the Commission's
regulations that still reference Appendix C to Part 2. This rulemaking
deletes both outdated references.
This rulemaking also amends Sec. 2.201, ``Notice of Violation,'' to
provide that the NRC may use discretion when determining whether to
require a written explanation or statement in reply to a notice of
violation. When the NRC believes that the licensee or other person who
received the notice of violation has already adequately addressed all
the issues contained in that notice, further written responses may not
be required.
Discussion
I. Deletion of Outdated Reference to Appendix C to 10 CFR Part 2
Section 2.8 Information Collection Requirements: OMB Approval
Section 2.8(a) currently states that the Office of Management and
Budget (OMB) has approved the information collection requirements
contained in Part 2. Section 2.8(b) states that the approved
information collection requirements appear in Appendix C to 10 CFR Part
2. Because Appendix C has been removed from Part 2, there are no longer
any information collection requirements in this part. Thus, Sec. 2.8 is
amended to state that there are no information collection requirements
contained in this part. It should be noted that any burden for the
information collections related to enforcement actions is currently
associated with the policy statement (June 30, 1995; 60 FR 34380),
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.'' Because Appendix C to 10 CFR Part 2 has
been deleted, this sentence is incorrect. Thus, Sec. 51.10(d) is
amended by deleting the reference to Appendix C to 10 CFR Part 2.
Enforcement-related actions identified in the former Appendix C to 10
CFR Part 2 will be added as examples to the list of actions in
Sec. 51.10(d).
II. Grant of Discretion to Commission To Require a Written
Explanation in Reply to a Notice of Violation
Section 2.201 Notice of Violation
Section 2.201(a) 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, and the date when full compliance will be achieved.
However, when a licensee or other person has already adequately
addressed the issues contained in the notice of violation in writing,
the licensee or other person has already, in effect, responded to the
violation and a further written statement may be unnecessary.
Therefore, Sec. 2.201(a) is amended to replace the existing phrase
``will require'' with ``may require.'' This change grants the NRC
discretion when determining whether to require the submittal of a
written explanation or statement when the NRC believes that a licensee
or other person has already adequately addressed all the issues
contained in that notice of violation.
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.
If using a personal computer and modem, the NRC rulemaking
subsystem on FedWorld can be accessed directly by dialing the toll free
number 1-800-303-9672. 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 NUREGs and RegGuides
for Comment subsystem can then be accessed by selecting the ``Rules
Menu'' option from the ``NRC Main Menu.'' For further information
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about options available for NRC at FedWorld, consult the ``Help/
Information Center'' 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 included. There is a 15-minute limit for FTP access.
Although FedWorld 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 AXD[email protected].
Procedural Background
Because NRC considers this action noncontroversial and routine, we
are approving it without seeking public comments on proposed
amendments. This action will become effective on October 21, 1996.
However, if the NRC receives significant adverse comments by September
23, 1996, then the NRC 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 and are being
concurrently published in the proposed rules section of this Federal
Register. Comments will be addressed in the final rule on this
proposal. The NRC will not initiate a second comment period on this
action.
Environmental Impact: Categorical Exclusion
The NRC has determined that this direct final rule is the type of
action described as a categorical exclusion in Secs. 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 for Direct Final Rule
This direct final rule does not contain a new or amended
information collection requirement subject to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). Existing information collections
were approved by the Office of Management and Budget, approval numbers
3150-0136 and 3150-0021.
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
This direct final rule deletes outdated references to an appendix
which previously has been deleted from the Commission regulations 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 references
will have no impact on licensees, the NRC, or the public. The NRC's
discretion on requiring reports responding to a notice of violation
will reduce the burdens of preparing unnecessary reports by licensees
and of reviewing these reports by the NRC without compromising the
public health and safety. However, it is impossible to quantify the
amount of 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. This constitutes the regulatory
analysis for the direct final rule.
Small Business Regulatory Enforcement Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs of OMB.
Backfit Analysis
The NRC has determined that the backfit rule, 10 CFR 50.109, does
not apply to this rule, because these amendments do not involve any
provisions that 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
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.
10 CFR Part 51
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 is revised 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.
[[Page 43408]]
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 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:
Sec. 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 Sec. 2.201, paragraph (a) is revised to read as follows:
Sec. 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
Sec. 2.202 or demand for information pursuant to Sec. 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 other person submit, within 20 days of the date of
the notice or other specified time, a written explanation or statement
in reply if the Commission believes that the licensee has not already
addressed all the issues contained in the notice of violation,
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, 51.60, 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. 114(f), 96 Stat. 2216, as amended (42 U.S.C.
10134(f)).
5. In Sec. 51.10, paragraph (d) is revised to read as follows:
Sec. 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 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.
Dated at Rockville, Maryland, this 8th day of August, 1996.
For the Nuclear Regulatory Commission.
James M. Taylor,
Executive Director for Operations.
[FR Doc. 96-21167 Filed 8-21-96; 8:45 am]
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