[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Proposed Rules]
[Pages 29246-29247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13654]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 104 / Tuesday, June 1, 1999 / 
Proposed Rules  

[[Page 29246]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 2

RIN 3150-AG27


Formal and Informal Adjudicatory Hearing Procedures; 
Clarification of Eligibility to Participate

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
regulations governing participation in adjudicatory proceedings 
conducted under its Rules of Practice to clarify that Federally-
recognized Indian tribal governments are entitled to participate in 
these proceedings on the same basis as other governmental units.

DATES: Comments on the proposed rule must be received on or before July 
1, 1999.

ADDRESSES: Mail any comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555, Attention: Rulemakings and 
Adjudications Staff.
    Hand deliver comments to 11555 Rockville Pike, Rockville, Maryland, 
20852, between 7:30 am and 4:15 Eastern time on Federal workdays.
    You may also provide comments via the NRC's interactive rulemaking 
website through the NRC home page (http://www.nrc.gov). This site 
provides the availability to upload comments as files (any format) if 
your web browser supports that function. For information about the 
NRC's interactive rulemaking website, contact Ms. Carol Gallagher, 
(301) 415-5905; email [email protected].
    Copies of any comments received may be examined at the NRC Public 
Document Room, 2120 L Street NW. (Lower Level), Washington, DC.

FOR FURTHER INFORMATION CONTACT: Charles E. Mullins, Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone (301) 415-1606; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: For additional information, see the Direct 
Final Rule published in the Rules and Regulations section of this 
Federal Register.
    Because the NRC considers this action noncontroversial and routine, 
the NRC is publishing the rule in final form without seeking public 
comments on the amendments in a proposed rule. This action will become 
effective on August 2, 1999. However, if the NRC receives significant 
adverse comments by July 1, 1999, the NRC will publish a document that 
withdraws the direct final rule pending review of the comments, and 
will address those comments in a subsequent final rule. The NRC will 
not initiate a second comment period on this action.

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, 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

    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. 10143 (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). Section 2.102, 2.103, 2.104, 
2.105, 2.721 also issued under secs. 102, 103, 104, 105, 183i 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. 161 b, 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 2.205 (j) 
also issued under Pub. L. 101-410, 104 Stat. 90, as amended by 
section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 
note). Section 2.600-2.606 also issued under sec. 102, Pub. L. 91-
190, 83 Stat. 853, as amended (42 U.S.C. 4332). Section 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). Subpart M also issued under sec. 184 (42 
U.S.C. 2234) and 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).

    2. In Sec. 2.715, paragraph (c) is revised to read as follows:


Sec. 2.715  Participation by a person not a party.

* * * * *
    (c) The presiding officer will afford representatives of an 
interested State, county, municipality, Federally-recognized Indian 
Tribe, and/or agencies thereof, a reasonable opportunity to participate 
and to introduce evidence, interrogate witnesses, and advise the 
Commission without requiring the representative to take a position with 
respect to the issue. Such participants may also file proposed findings 
and exceptions pursuant to Secs. 2.754 and 2.762 and petitions for 
review by the Commission pursuant to Sec. 2.786. The presiding officer 
may require such representative to indicate with reasonable 
specificity, in advance of the hearing, the subject matters on which he 
desires to participate.
* * * * *
    3. In Sec. 2.1211, paragraph (b) is revised to read as follows:


Sec. 2.1211  Participation by a person not a party.

* * * * *

[[Page 29247]]

    (b) Within 30 days of an order granting a request for a hearing 
under Sec. 2.1205 (b) through (d) or, in instances when it is 
published, within 30 days of notice of hearing issued under 
Sec. 2.1205(j), the representative of an interested State, county, 
municipality, Federally-recognized Indian Tribe, and/or agencies 
thereof, may request an opportunity to participate in a proceeding 
under this subpart. The request for an opportunity to participate must 
state with reasonable specificity the requester's area of concern about 
the licensing activity that is the subject matter of the proceeding. 
Upon receipt of a request that is filed in accordance with these time 
limits and that specifies the requester's areas of concern, the 
presiding officer shall afford the requester a reasonable opportunity 
to make written and oral presentations in accordance with Secs. 2.1233 
and 2.1235, without requiring the representative to take a position 
with respect to the issues. Participants under this paragraph may 
notice an appeal of an initial decision in accordance with Sec. 2.1253 
with respect to any issue on which they participate.

    Dated at Rockville, Maryland, this 24th day of May 1999.

    For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-13654 Filed 5-28-99; 8:45 am]
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