[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47005-47006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17072]



10 CFR Part 2

RIN 3150-AJ76

Update to Transcript Correction Procedures

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulation that governs the correction of official transcripts for 
agency adjudicatory proceedings. The current regulation has not been 
substantively updated since it was adopted in 1962 and the NRC's 
internal procedures have evolved since that time to incorporate 
technological development. The NRC is not soliciting public comment on 
this change because the change is limited to an agency rule of 
procedure and practice that does not affect the rights and 
responsibilities of outside parties.

DATES: This final rule is effective on July 20, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0117 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0117. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For other questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Public Document Room (PDR): You may examine and 
purchase copies of public documents at the NRC's PDR, Room O1-F21, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Tison Campbell, Office of the General 
Counsel, telephone: 301-287-9290, email: [email protected], U.S. 
Nuclear Regulatory Commission, Washington DC 20555-0001.


I. Summary of Changes

    In 1962, the Atomic Energy Commission (the NRC's predecessor 
agency) adopted revised rules of practice and procedure to govern the 
conduct of adjudicatory proceedings before the agency (27 FR 377; 
January 13, 1962). As part of those regulations, the Commission adopted 
a paragraph governing the correction of hearing transcripts. That 
provision, originally at Sec.  2.750(b) of title 10 of the Code of 
Federal Regulations (10 CFR), provided specific, prescriptive direction 
to the Commission's staff regarding the method for recording and 
showing corrections to transcripts. For example, the Secretary was 
directed to make any physical corrections to the official transcript, 
not by replacing pages, but by drawing a line through the text to be 
changed in the original transcript and writing the correct text 
immediately above.
    The current agency practice varies. In Commission proceedings, an 
appendix listing the transcript corrections and a clean version of the 
transcript are attached to the order adopting the parties' proposed 
transcript corrections. In Atomic Safety and Licensing Board Panel 
proceedings, the boards generally issue an order adopting the parties' 
joint proposed transcript corrections, with or without an appendix 
listing the corrections. The Secretary does not prepare transcripts of 
board proceedings.
    The NRC is, therefore, updating the regulation that governs the 
correction of official transcripts for agency adjudicatory proceedings, 
currently at

[[Page 47006]]

Sec.  2.327(d), to reflect advancements in technology and to bring its 
regulations in line with current agency practice. The revision to Sec.  
2.327(d) removes prescriptive requirements from the regulation and 
allows presiding officers flexibility in determining the method to 
prepare corrected transcripts. This change allows the presiding officer 
to list transcript changes in a table included in or appended to an 
order; issue a marked-up version of the transcript; issue a clean, 
revised version of the transcript; or select another method that 
ensures a clear and concise description of transcript changes.

II. Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C. 553(b)(A)), notice 
and comment requirements do not apply ``to interpretive rules, general 
statements of policy, or rules of agency organization, procedure, or 
practice.'' Because this revision affects the NRC's rules of agency 
procedure and practice, the notice and comment provisions of the 
Administrative Procedure Act do not apply. Moreover, the final rule 
does not change the substantive responsibilities of any person or 
entity regulated by the NRC.
    The amendments are effective upon publication in the Federal 
Register. Good cause exists under 5 U.S.C. 553(d) to dispense with the 
usual 30-day delay in the effective date of the final rule because the 
amendments are of a minor and administrative nature dealing with 
changes to certain sections that do not require action by any person or 
entity regulated by the NRC.

III. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 

IV. National Environmental Policy Act

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

V. Paperwork Reduction Act

    This final rule does not contain a collection of information as 
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995.

VI. Congressional Review Act

    This final rule is not a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808).

VII. Availability of Guidance

    The NRC will not be issuing guidance for this rulemaking because 
the revised rule applies to the NRC only and does not affect the rights 
and responsibilities of outside parties.

List of Subjects in 10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Confidential business information, 
Freedom of information, Environmental protection, Hazardous waste, 
Nuclear energy, Nuclear materials, Nuclear power plants and reactors, 
Penalties, Reporting and recordkeeping requirements, 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 amendments to 10 CFR part 2.


1. The authority citation for part 2 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy 
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); 
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act 
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy 
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) 
also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373 
(28 U.S.C. 2461 note).

2. In Sec.  2.327, revise paragraph (d) to read as follows:

Sec.  2.327  Official recording; transcript.

* * * * *
    (d) Transcript corrections. Corrections ordered or approved by the 
presiding officer must be included in the record through the issuance 
of an order by the presiding officer or the Secretary, as appropriate 
under the regulations in this part. The order shall reflect the 
corrections to the transcript through the use of a table, the issuance 
of a corrected or new transcript, or some other method selected by the 
presiding officer that will ensure a clear and concise description of 
the corrections.

    Dated at Rockville, Maryland, this 14th day of July, 2016.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch. Office of 
[FR Doc. 2016-17072 Filed 7-19-16; 8:45 am]