99-13653. Formal and Informal Adjudicatory Hearing Procedures; Clarification of Eligibility To Participate  

  • [Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
    [Rules and Regulations]
    [Pages 29212-29213]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-13653]
    
    
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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: Direct final 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: The final rule is effective August 2, 1999, unless significant 
    adverse comments are received by July 1, 1999. If significant adverse 
    comments are received, a timely withdrawal will be published in the 
    Federal Register.
    
    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: Because the NRC considers this action 
    noncontroversial and routine, the NRC is publishing the rule in final 
    form without first 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 this action 
    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.
    
    Background
    
        These amendments are intended to ensure that Federally-recognized 
    Indian Tribal governments and their official subdivisions have the same 
    participation rights in NRC adjudicatory proceedings as State 
    governments, units of local governments, and their official 
    subdivisions. In many respects, Federally-recognized Indian tribes 
    exercise inherent sovereign powers over their members and territory, 
    similar to the powers exercised by States and other units of local 
    government. In many areas of the law, these sovereign rights are 
    recognized either by court decision, statute, or treaty. Therefore, 
    because these tribes exercise many of the attributes of States or other 
    governmental units, the Commission has determined that they should be 
    recognized in adjudicatory proceedings in the same fashion as State and 
    local governmental bodies. Accordingly, the Commission is issuing this 
    amendment to ensure that Federally-recognized Indian tribes will have 
    the same opportunity to participate in any proceeding that affects 
    their interests. These amendments are intended to meet the goals of 
    Executive Order No. 13084 of May 14, 1998.
        In addition, the Commission is also making two minor editorial 
    changes in Sec. 2.1211(b) to conform its wording to the wording in 
    Sec. 2.715(c).
    
    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 contains no information collection requirements 
    and, therefore, is not 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 direct final 
    rule because this rule is considered a minor, non-substantive 
    amendment; it has no economic impact on NRC licensees or the public.
    
    Regulatory Flexibility Certification
    
        As required by the Regulatory Flexibility Act of 1980, 5 U.S.C. 
    605(b), the Commission certifies that this rule does not have a 
    significant economic impact on a substantial number of small entities. 
    This rulemaking is an administrative action that clarifies the rights 
    of Federally-recognized Indian tribes to participate in NRC 
    adjudicatory proceedings. It has no financial 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 50.109.
    
    Small Business Regulatory Enforcement Fairness 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.
    
    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. 552 and 553, the NRC is adopting the 
    following amendments to 10 CFR Part 2.
    
    [[Page 29213]]
    
    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.
    
    * * * * *
        (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. 99-13653 Filed 5-28-99; 8:45 am]
    BILLING CODE 7590-01-P
    
    
    

Document Information

Effective Date:
8/2/1999
Published:
06/01/1999
Department:
Nuclear Regulatory Commission
Entry Type:
Rule
Action:
Direct final rule.
Document Number:
99-13653
Dates:
The final rule is effective August 2, 1999, unless significant adverse comments are received by July 1, 1999. If significant adverse comments are received, a timely withdrawal will be published in the Federal Register.
Pages:
29212-29213 (2 pages)
RINs:
3150-AG27: Informal Hearing Procedures for Adjudications in Materials and Operator Licensing Proceedings; Clarification of Participants
RIN Links:
https://www.federalregister.gov/regulations/3150-AG27/informal-hearing-procedures-for-adjudications-in-materials-and-operator-licensing-proceedings-clarif
PDF File:
99-13653.pdf
CFR: (4)
10 CFR 2.715(c)
10 CFR 2.1205(j)
10 CFR 2.715
10 CFR 2.1211