[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Rules and Regulations]
[Pages 29213-29214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13652]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 2
RIN 3150-AG28
Informal Hearing Procedures for Adjudications in Materials and
Operator Licensing Proceedings: Minor Amendments
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations governing the filing and service of Requests for Hearings
and Petitions for Leave to Intervene in ``informal'' materials and
operator licensing proceedings conducted under its Rules of Practice.
This action is necessary to correct a cross-referencing error in the
provisions concerning the method of filing documents and to change the
method of service of pleadings on the NRC Staff.
EFFECTIVE DATE: This final rule is effective June 1, 1999.
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:
Background
These amendments are designed to correct two minor errors in an
earlier rulemaking and to make two minor changes regarding service of
pleadings on the NRC Staff as a party in these proceedings. First, this
rulemaking corrects a typographical error in the printing of a final
rule published July 29, 1996 (61 FR 32978), amending Subpart L. That
final rule included a reference in 10 CFR 2.1203(e) to 10 CFR
2.1205(R). The cross-reference to paragraph (R) should have appeared as
a cross-reference to paragraph (k), as set out in the original proposed
rule. The Commission is correcting that cross-reference.
Second, the 1996 rulemaking inserted a new paragraph (c) in 10 CFR
2.1205 and renumbered the existing paragraph (c) as paragraph (d) and
all subsequent paragraphs accordingly. However, the rulemaking failed
to correct a cross-reference to the original paragraph (c), now
paragraph (d), in the original paragraph (f), now paragraph (g). The
Commission is correcting that cross-reference.
Third, this rulemaking makes two minor changes in the service of
specific pleadings in these proceedings by designating that service of
Requests for Hearings and Petitions for Leave to Intervene on the NRC
Staff shall be made by serving those documents on the General Counsel,
rather than on the Executive Director for Operations as currently
required. Eventually, the Executive Director for Operations must refer
any pleading to the General Counsel for a response to the Presiding
Officer. The Commission has found that pleadings are sometimes lost or
delayed by not having them filed directly with
[[Page 29214]]
the General Counsel. Accordingly, the Commission has concluded that
direct service on the General Counsel will eliminate any delay and
increase the efficiency of its adjudicatory processes.
Because these amendments are administrative in nature and deal
solely with agency practice and procedure, the notice and comment
provisions of the Administrative Procedure Act do not apply under 5
U.S.C. 553(b)(A). In addition, good cause exists to dispense with the
usual 30-day delay because the amendments are of a corrective and
administrative nature dealing with a matter of agency conduct, a change
in the manner in which proceedings shall be served on the NRC Staff.
Accordingly, these amendments are effective upon publication in the
Federal Register.
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 regulation.
Paperwork Reduction Act Statement
This 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.).
Regulatory Analysis
A regulatory analysis has not been prepared for this final rule
because this rule is considered a minor non-substantive amendment; it
has no economic impact on NRC licensees or the public.
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 impose
any provisions that would impose backfits as defined in 10 CFR Chapter
I.
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 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. 2.1203, paragraph (e) is revised to read as follows:
Sec. 2.1203 Docket; filing; service.
* * * * *
(e) A request for a hearing or a petition for leave to intervene
must be served in accordance with Sec. 2.712 and Sec. 2.1205 (f) and
(k). All other documents issued by the presiding officer or the
Commission or offered for filing are served in accordance with
Sec. 2.712.
3. In Sec. 2.1205, paragraphs (f)(2), (g), (k)(1)(i), and
(k)(1)(ii) are revised to read as follows:
Sec. 2.1205 Request for a hearing; petition for leave to intervene.
* * * * *
(f) * * *
(2) The NRC Staff, by delivery to the General Counsel, One White
Flint North, 11555 Rockville Pike, Rockville, MD 20852, or by mail
addressed to the General Counsel, U.S. Nuclear Regulatory Commission,
Washington, DC 20555.
(g) Within ten (10) days of service of a request for a hearing
filed under paragraph (d) of this section, the applicant may file an
answer. The NRC staff, if it chooses or if it is ordered to participate
as a party under Sec. 2.1213, may file an answer to a request for a
hearing within ten (10) days of the designation of the presiding
officer.
* * * * *
(k) * * *
(1) * * *
(i) By delivery to the General Counsel, One White Flint North,
11555 Rockville Pike, Rockville, MD 20852; or
(ii) By mail addressed to the General Counsel, U.S. Nuclear
Regulatory Commission, Washington, DC 20555.
* * * * *
Dated at Rockville, Maryland, this 24th day of May, 1999.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission..
[FR Doc. 99-13652 Filed 5-28-99; 8:45 am]
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