[Federal Register Volume 64, Number 212 (Wednesday, November 3, 1999)]
[Proposed Rules]
[Pages 59669-59670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-28757]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 2
[Docket No. PRM-2-12]
Michael Stein; Receipt of Petition for Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; Notice of receipt.
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SUMMARY: The Nuclear Regulatory Commission (NRC) has received and
requests public comment on a petition for rulemaking dated July 26,
1999, filed by Michael Stein (petitioner). The petition has been
docketed by the Commission and has been assigned Docket No. PRM-2-12.
The petitioner believes that the NRC regulations pertaining to
deliberate misconduct and employee protection do not contain certain
needed safeguards. The petitioner is requesting that the NRC
regulations pertaining to employee protection and deliberate misconduct
be amended to ensure that all individuals are afforded the right to
respond to an NRC determination that the individual has violated these
regulations.
DATES: Submit comments by January 18, 2000. Comments received after
this date will be considered if it is practical to do so, but assurance
of consideration cannot be given except as to comments received on or
before this date.
ADDRESSES: Submit comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555. Attention: Rulemakings and
Adjudications staff.
Deliver comments to 11555 Rockville Pike, Rockville, Maryland,
between 7:30 am and 4:15 pm on Federal workdays.
For a copy of the petition, write: David L. Meyer, Chief, Rules and
Directives Branch, Division of Administrative Services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555.
You may also provide comments via the NRC's interactive rulemaking
website (http://www.ruleforum.llnl.gov). This site provides the
capability to upload comments as files (any format), if your web
browser supports that function. For
[[Page 59670]]
information about the interactive rulemaking website, contact Ms. Carol
Gallagher, (301) 415-5905 (e-mail: [email protected]).
FOR FURTHER INFORMATION CONTACT: David L. Meyer, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555. Telephone: 301-415-7162 or Toll Free: 1-800-368-5642 or E-mail:
[email protected]
SUPPLEMENTARY INFORMATION:
Background
On July 28, 1999, the Nuclear Regulatory Commission (NRC) received
a petition for rulemaking submitted by Michael Stein (petitioner).
Although Mr. Stein is an employee of the NRC, he submitted the petition
as an individual member of the public. The NRC recently initiated an
enforcement action involving a notice of violation against an
individual without conducting a prior pre-decisional enforcement
conference. As a result, the petitioner states that the NRC regulations
pertaining to deliberate misconduct and employee protection do not
contain certain important safeguards. The petitioner requests that the
NRC regulations governing deliberate misconduct and employee protection
be amended to ensure that all individuals are afforded the right to
respond to an NRC determination that the individual has violated these
regulations before the NRC issues the action.
The NRC has determined that the petition meets the threshold
sufficiency requirements for a petition for rulemaking under 10 CFR
2.802. The petition has been docketed as PRM-2-12. The NRC is
soliciting public comment on the petition for rulemaking.
Discussion of the Petition
The petitioner requests that the title of the NRC regulations
codified at 10 CFR Part 2, Subpart B be amended to be the ``Procedure
for Imposing Requirements by Order, or for Modification, Suspension, or
Revocation of a License, or for Issuance of a Notice of Violation to an
Individual, or for Imposing Civil Penalties.'' The petitioner also
suggests amending 10 CFR 2.201 entitled, ``Notice of Violation,'' by
adding a new paragraph (b). In a meeting between the petitioner and the
NRC staff on October 14, 1999, the language of suggested paragraph was
modified by changing the word ``order'' to ``Notice of Violation'' each
time it appears in the second sentence of paragraph (b)(2) and to
include Part 76 in the list of 10 CFR parts presented in the
introductory text of paragraph. The NRC notes that a paragraph (b)
currently appears in the codified text of Sec. 2.201. Therefore, the
NRC is presenting the paragraph suggested by the petitioner as a new
paragraph (c). The new paragraph suggested by the petitioner would read
as follows:
Sec. 2.201 Notice of violation.
* * * *
(c) In response to an alleged violation of the employee
protection or deliberate misconduct regulations contained in 10 CFR
Parts 19, 30, 40, 50, 60, 61, 70, 72, and 76 the Commission may
serve on the individual a Notice of Violation as described in 10 CFR
2.201(a). This Notice of Violation to the individual shall state
that:
(1) The answer to the Notice of Violation shall state any facts,
explanations, and arguments denying the charges of violation;
(2) If the individual charged with the violation files an answer
denying the violation, the Executive Director for Operations, or the
Executive Director's designee, upon consideration of the answer,
will issue an Order imposing, mitigating, or withdrawing the Notice
of Violation to the individual. The individual charged with a
violation of the employee protection or deliberate misconduct
regulations may, within twenty (20) days of the date of the Notice
of Violation or other time specified in the Notice of Violation,
request a hearing;
(3) If the individual charged with an employee protection or
deliberate misconduct violation requests a hearing, the Commission
will issue an order designating the time and place of the hearing;
(4) If a hearing is held, an order will be issued after the
hearing by the presiding officer or the Commission dismissing the
proceeding, or imposing, mitigating or withdrawing the Notice of
Violation. This shall be considered the final NRC action with regard
to the Notice of Violation at issue in the proceeding.
The petitioner suggests that the current NRC regulations pertaining
to employee protection be amended. Although the petitioner did not
specifically identify the employee protection regulations to be
amended, the NRC believes that these regulations are 10 CFR 30.7, 40.7,
50.7, 60.9, 61.9, 70.7, 72.10, and 76.7. The Commission specifically
requests comments on whether this is a complete list of employee
protection regulations that should be amended under the petition. The
petitioner's suggested language reads as follows:
An individual charged with a violation of the employee
protection regulations in Part X, has the right to a hearing
pursuant to 10 CFR 2.201(b). In addition, prior to the issuance of a
Notice of Violation pursuant to 10 CFR Part 2.201 or an Order
pursuant to 10 CFR 2.202, the individual charged with such a
violation shall have the right to inform the agency either by
written correspondence or by a predecisional enforcement conference,
regarding their involvement in the alleged violation of this
section.
The petitioner also proposes that the current NRC regulations
pertaining to deliberate misconduct be amended. Although the petitioner
did not specifically identify the deliberate misconduct regulations to
be amended, the NRC believes that these regulations are 10 CFR 30.10,
40.10, 50.5, 52.9, 60.11, 61.9b, 70.10, 71.11, 72.12, 76.10, and
110.7b. The Commission specifically requests comments on whether this
is a complete list of deliberate misconduct regulations that should be
amended under the petition. The petitioner's suggested language reads
as follows:
An individual charged with a violation of the deliberate
misconduct regulations in Part X, has the right to a hearing
pursuant to 10 CFR 2.201(b). In addition, prior to the issuance of a
Notice of Violation pursuant to 10 CFR 2.201 or an Order pursuant to
10 CFR 2.202, the individual charged with such a violation shall
have the right to inform the agency either by written correspondence
or by a predecisional enforcement conference, regarding their
involvement in the alleged violation of this section.
The petitioner contends that his proposed amendment would ensure
that all individuals have the opportunity to address an NRC
determination that the individual has violated either the deliberate
misconduct or employee protection regulations before the NRC issues the
action.
The Petitioner's Conclusions
The petitioner concludes that the NRC regulations governing
deliberate misconduct and employee protection are missing certain
safeguards he believes are important. The petitioner requests that the
NRC regulations pertaining to deliberate misconduct and employee
protection be amended as discussed above to ensure that each individual
has an opportunity to address an NRC determination that he or she has
violated these regulations.
Dated at Rockville, Maryland, this 28th day of October, 1999.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 99-28757 Filed 11-2-99; 8:45 am]
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