[Federal Register Volume 64, Number 88 (Friday, May 7, 1999)]
[Proposed Rules]
[Pages 24531-24542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11246]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 88 / Friday, May 7, 1999 / Proposed
Rules
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76, 100, and
110
RIN 3150-AG07
Electronic Availability of NRC Public Records and Ending of NRC
Local Public Document Room Program
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing
amendments to its regulations that would reflect a change in the way
its records are made available to the public. The amendments are
intended to reflect the NRC's decision to implement a new document
management system that would permit the electronic storage, retrieval,
and on-line ordering of publicly available NRC official records through
the NRC Web site.
DATES: Submit comments by June 21, 1999. 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: Rulemaking and
Adjudications staff.
Deliver comments to 11555 Rockville Pike, Rockville, Maryland,
between 7:30 am and 4:15 pm on Federal workdays.
You may also provide comments via the NRC's interactive rulemaking
web site through the NRC home page (http://www.nrc.gov). This site
provides the capability to upload comments as files (any format), if
your web browser supports that function. For information about the
interactive rulemaking web site, contact Ms. Carol Gallagher, (301)
415-5905 (email: [email protected]).
FOR FURTHER INFORMATION CONTACT: Russell A. Powell, Chief, Information
Services Branch, Information Management Division, Office of the Chief
Information Officer, U.S. Nuclear Regulatory Commission, Washington,
D.C. 20555-0001, telephone (301) 415-6527, email: RAP1@nrc.gov.
SUPPLEMENTARY INFORMATION: The Nuclear Regulatory Commission is
proposing to amend its regulations to reflect the use of a new
electronic record keeping system for NRC records. The NRC is
establishing the Agencywide Documents Access and Management System
(ADAMS) to provide for the electronic submission, storage, and
retrieval of NRC official records. When ADAMS becomes operational, any
NRC official records that are normally publicly available under the
Commission's regulations will be available electronically through
ADAMS. The regulations governing which records are publicly available
will be unaffected by this proposed rule. Publicly available records
will be accessible electronically from the ADAMS Public Library
component on the NRC Web site, http://www.nrc.gov, (the Electronic
Reading Room).
When ADAMS becomes operational, NRC intends to discontinue
furnishing paper and microfiche copies of its publicly available
records to the NRC Public Document Room (PDR), located in Washington,
D.C., and the Local Public Document Rooms (LPDRs), located near nuclear
power plants and other nuclear facilities. Under ADAMS, NRC would
initially begin making available electronically through the Electronic
Reading Room on the NRC Internet Web site, imaged copies of its newly
received and created publicly available official records that are in
paper form. However, ultimately, NRC's newly created official records
will all be stored in ADAMS only in electronic form, and NRC will
maintain only its pre-ADAMS records as paper copies. Because of budget
constraints and the improved access to newly received and created
records via the NRC Web site under ADAMS, the Commission decided to
discontinue funding of the LPDR program beyond Fiscal Year 1999.
Although the Commission has already made a decision to eliminate
the LPDRs because of the future electronic availability of these
records, the Commission is soliciting comment through this proposed
rule to clarify any questions regarding the time and process for the
electronic availability of records and to identify any potential unique
situations where the electronic availability of records may not provide
adequate records availability.
The NRC currently maintains 86 LPDRs in the vicinity of nuclear
reactor and materials licensees: 72 support power reactors; 2 support
gaseous diffusion plants; 3 support high-level waste repositories; and
the remaining 9 support fuel-cycle, low-level waste, and other
facilities. A survey of the facilities where LPDRs are currently
located revealed that all but six now provide, or will provide Internet
access to its patrons by the end of 1999. Additionally, although NRC
plans to discontinue the LPDR program, it plans to offer each of the
current LPDR libraries the opportunity to keep their current LPDR
document collections so the pre-ADAMS LPDR collections can continue to
be available in the local communities. The decision to accept this
offer to transfer ownership of these collections and the length of time
they will be maintained will be at the sole discretion of each library.
ADAMS will provide the following added benefits that should
preclude or minimize any public concerns regarding the impact from
discontinuing the LPDR program:
1. ADAMS Internet access will provide access to new records in full
text and image.
2. ADAMS will provide an improved electronic search capability.
Under the existing system, only the bibliographic indexes and abstracts
for most records are available from the online BRS and NUDOCS.
3. Some new records will be available to the public within days
instead of the two weeks or longer it now takes for LPDRs to receive
microfiche or paper copies of new accessions.
4. Internet public access to the NRC Web site will provide direct
access to a much broader range of the public than just to those who,
because of their close proximity, have access to the PDR and LPDRs.
The NRC PDR would still keep pre-ADAMS paper and microfiche records
on site and available to the public for viewing and copying. The PDR
would also have computer terminals available for the public to access
new documents on the NRC Web site. The public would still be able to
obtain paper copies of
[[Page 24532]]
new electronic records by printing them from the NRC Internet Web site,
by ordering them for a fee from the PDR directly from the NRC Web site,
or by using current ordering methods. The current methods are: in-
person at the PDR, mail, e-mail, fax or by calling the PDR Reference
Services on the toll-free 800 telephone number. Bibliographic
descriptions of documents currently identified in the PDR's
Bibliographic Retrieval System (BRS) and in NUDOCS will be posted on
the NRC Web site. This would also allow the public to order copies of
pre-ADAMS paper and microfiche records. The public would also have
access to the NRC Web site from any computer with Internet access, and
would be able to download the records to the computer they are using
for printing or other supported functions.
Because records would be released electronically to the public
rather than in paper or microfiche, this rule would amend the
regulations in 10 CFR parts 1, 2, 7, 9, 50, 51, 52, 60, 62, 72, 75, 76,
100, and 110 to reflect the manner in which these records would be made
publicly available.
To reflect the anticipated discontinuance of NRC support of
libraries serving as LPDRs, references to NRC LPDRs would be deleted in
10 CFR 2.1231 (a)(1)(ii), and (b); 9.35 (b) and (e); 50.30(a)(5); part
50, appendix Q, section 4; 51.120; part 52, appendix O, section 5; part
52, appendix Q, section 4, and 76.37(a).
In addition, several other minor conforming changes would be made.
The definition of the PDR in 10 CFR 2.4, 60.2, and 110.2 is now in a
new paragraph and would be revised to reflect that records newly
created or received since the implementation of ADAMS that are publicly
available are now available in the PDR in electronic form for
inspection and copying, and that copies can be ordered from the PDR. A
new paragraph would define the NRC Web site as the Internet location
where NRC records are made available for public inspection and copying
and that the public can also order copies of documents from the PDR
through the NRC Web site.
Section 9.2(a) would be revised to delete the reference to the
availability of records on 48x microfiche through the National
Technical Information Service (NTIS). When NRC begins making its
records available from the NRC Web site, microfiche copies will no
longer be produced. The address for the NTIS and a statement that
certain listed documents can be ordered from the NTIS would be added to
Sec. 9.21(a). Section 9.21(d) would be deleted because the publication
Title List of Documents Made Publicly Available, NUREG-0540, will no
longer be published. Section 9.21(e) would be revised to show that only
the published versions of final opinions and orders, referred to in
Sec. 9.2(c)(1), are available from the NTIS in the publication, Nuclear
Regulatory Issuances (NUREG-0750). The reference to interpretations in
Sec. 9.21(c)(2) would be deleted because they are not available from
NTIS.
Section 9.23(a)(2) would be deleted because it repeats information
included in the revised Sec. 9.21(a). Section 51.123 (a) and (b) would
be revised to reflect the correct address where requests for draft
environmental impact statements and draft findings of no significant
hazard can be submitted.
Changes would be made in several sections to reflect the correct
name of the NRC PDR. In addition, several misspelling corrections would
be made.
Plain Language
The Presidential Memorandum dated June 1, 1998, entitled, ``Plain
Language in Government Writing,'' directed that the Federal
government's writing be in plain language. The NRC requests comments on
this proposed rule specifically with respect to the clarity and
effectiveness of the language used. Comments should be sent to the
address listed above.
Environmental Impact--Categorical Exclusion
The NRC has determined that this proposed rule is the type of
action described in categorical exclusion 10 CFR 51.22(c) (1) and (2).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this proposed rule.
Paperwork Reduction Act Statement
This proposed 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.). Existing requirements were approved by the
Office of Management and Budget, approval numbers 3150-0043, 3150-0011,
3150-0021, 3150-0151, 3150-0127, 3150-0143, 3150-0132, 3150-0055, 3150-
0093, and 3150-0036.
Public Protection Notification
If a means used to impose an information collection does not
display a currently valid OMB control number, the NRC may not conduct
or sponsor, and a person is not required to respond to, the information
collection.
Regulatory Analysis
This proposed rule implements a new NRC procedure for making
records available for public inspection and copying. The rule would not
have any adverse economic impact on any class of licensee or the NRC.
To the contrary, the proposed rule with its new provisions allowing
Internet access from homes, offices, schools, and public libraries to
NRC publicly released records would provide some new and additional
benefits to those seeking access to NRC records. A survey of the
facilities where LPDRs are currently located revealed that all but six
now provide, or will provide Internet access to its patrons by the end
of 1999. Additionally, although NRC plans to discontinue the LPDR
program, it plans to offer each of the current LPDR libraries the
opportunity to keep their current LPDR document collections so the pre-
ADAMS LPDR collections can continue to be available in the local
communities. This constitutes the regulatory analysis for this rule.
Regulatory Flexibility Certification
As required by the Regulatory Flexibility Act of 1980, 5 U.S.C.
605(b), the Commission certifies that this rule, if adopted, will not
have a significant economic impact upon a substantial number of small
entities. The proposed rule would implement a new procedure for making
records available to the public. The NRC believes that the proposed
changes would not have an adverse economic impact on any class of
licensee, including small entities, or the general public. On the
contrary, the NRC believes that the proposed rule would provide wider
opportunities and make it easier for interested persons to obtain or
review publicly available NRC records.
Any small entity subject to this regulation that determines,
because of its size, it is likely to bear a disproportionate adverse
economic impact should notify the Commission of this in a comment that
indicates--
(a) The licensee's size and how the proposed regulation would
result in a significant economic burden upon the licensee as compared
to the economic burden on a larger licensee;
(b) How the proposed regulations could be modified to take into
account the licensee's differing needs or capabilities;
(c) The benefits that would accrue, or the detriments that would be
avoided, if
[[Page 24533]]
the proposed regulations were modified as suggested by the licensee;
and
(d) How the proposed regulation, as modified, would more closely
equalize the impact of NRC regulations or create more equal access to
the benefits of Federal programs as opposed to providing special
advantages to any individual or group.
Backfit Analysis
The NRC has determined that the backfit rule does not apply to this
proposed rule; and therefore, a backfit analysis is not required for
this proposed rule because these amendments do not involve any
provisions that would impose backfits as defined in 10 CFR Chapter I.
List of Subjects
10 CFR Part 1
Organization and functions (Government Agencies).
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.
10 CFR Part 7
Advisory committees, Sunshine Act.
10 CFR Part 9
Criminal Penalties, Freedom of Information, Privacy, Reporting and
recordkeeping requirements, Sunshine Act.
10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Intergovernmental relations, Nuclear power plants and
reactors, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements.
10 CFR Part 51
Administrative practice and procedure, Environmental impact
statement, Nuclear materials, Nuclear power plants and reactors,
Radiation protection, Reactor siting criteria, Reporting and records.
10 CFR Part 52
Administrative practice and procedure, Antitrust, Backfitting,
Combined license, Early site review, Emergency planning, Fees,
Inspection, Limited Work Authorization, Nuclear power plants and
reactors, Probabilistic risk assessment, Prototype, Reactor siting
criteria, Redress of site, Reporting and recordkeeping requirements,
Standard design, Standard design certification.
10 CFR Part 60
Criminal penalties, High-level waste, Nuclear power plants and
reactors, Nuclear materials, Reporting and recordkeeping requirements,
Waste treatment and disposal.
10 CFR Part 62
Administrative practice and procedure, Denial of access, Emergency
access to low-level waste disposal, Low-level radioactive waste, Low-
level radioactive treatment and disposal, Low-level waste policy
amendments act of 1985, Nuclear materials, Reporting and recordkeeping
requirements.
10 CFR Part 72
Intergovernmental relations, Manpower training programs, Nuclear
materials, Nuclear power plants and reactors, Reporting and
recordkeeping requirements, Security measures.
10 CFR Part 75
Criminal penalties, Intergovernmental relations, Nuclear materials,
Nuclear power plants and reactors, Reporting and recordkeeping
requirements, Security measures.
10 CFR Part 76
Certification, Criminal penalties, Radiation protection, Reporting
and recordkeeping requirements, Security measures, Special nuclear
material, Uranium enrichment by gaseous diffusion.
10 CFR Part 100
Nuclear power plants and reactors, Reactor siting criteria.
10 CFR Part 110
ministrative practice and procedure, Classified Information,
Criminal penalties, Export, Import, Intergovernmental relations,
Nuclear materials, Nuclear power plants and reactors, Reporting and
recordkeeping requirements, Scientific equipment.
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. 553; the NRC is proposing to
adopt the following amendments to 10 CFR parts 1, 2, 7, 9, 50, 51, 52,
60, 62, 72, 75, 76, 100 and 110.
PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION:
1. The authority citation for part 1 continues to read as follows:
Authority: Secs. 23, 161, 68 Stat. 925, 948, as amended (42
U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L.
95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76
Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat.
1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843,
5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of
1980, 45 FR 40561, June 16, 1980.
2. In Sec. 1.3, paragraph (a) is revised to read as follows:
Sec. 1.3 Sources of additional information.
(a) A statement of the NRC's organization, policies, procedures,
assignments of responsibility, and delegations of authority is in the
Nuclear Regulatory Commission Management Directives System and other
NRC issuances, including local directives issued by Regional Offices.
Letters and memoranda containing directives, delegations of authority
and the like are also issued from time to time and may not yet be
incorporated into the Management Directives System, parts of which are
revised as necessary. Copies of the Management Directives System and
other delegations of authority are available for public inspection and
copying for a fee at the NRC Public Document Room, 2120 L Street, NW.,
Washington, DC, and at each of NRC's Regional Offices. Information may
also be obtained from the Office of Public Affairs or from Public
Affairs Officers at the Regional Offices. In addition, NRC Functional
Organization Charts, NUREG-0325, contains detailed descriptions of the
functional responsibilities of NRC's offices. It is revised annually
and is available for public inspection at the NRC Web site, http://
www.nrc.gov, and/or at the NRC Public Document Room, or for purchase
from the Superintendent of Documents, U.S. Government Printing Office,
P.O. Box 37082, Washington, D.C. 20013-7082; and from the National
Technical Information Service, Springfield, VA 22161.
* * * * *
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND
ISSUANCE OF ORDERS
3. 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
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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). Sections 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).
Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83
Stat. 853, as amended (42 U.S.C. 4332). Sections 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).
4. Section 2.4 is amended by adding the definition of NRC Public
Document Room and NRC Web site to read as follows:
Sec. 2.4 Definitions.
* * * * *
NRC Public Document Room means the facility at 2120 L Street, NW.,
Washington, D.C. where certain public records of the NRC that were made
available for public inspection in paper or microfiche prior to the
implementation of the NRC Agencywide Documents Access and Management
System, commonly referred to as ADAMS, will remain available for public
inspection. It is also the place where NRC makes computer terminals
available to access the Electronic Reading Room component of ADAMS on
the NRC Web site, http://www.nrc.gov, and where copies can be made or
ordered as set forth in Sec. 9.35of this chapter. The facility is
staffed with reference librarians to assist the public in identifying
and locating documents and in using the NRC Web site and ADAMS. The NRC
Public Document Room is open from 7:45 am to 4:15 pm, Monday through
Friday, except on Federal holidays. Reference service and access to
documents may also be requested by telephone (202-634-3273 or 800-397-
4209) between 8:30 am and 4:15 pm, or by e-mail ([email protected]), fax
(202-634-3343), or letter (NRC Public Document Room, LL-6, Washington,
DC 20555-0001).
* * * * *
NRC Web site, http://www.nrc.gov, is the Internet uniform resource
locator name for the Internet address of the Web site where NRC will
ordinarily make available its public records for inspection.
* * * * *
5. In Sec. 2.101, paragraph (a)(2) is revised to read as follows:
Sec. 2.101 Filing of application.
(a) * * *
(2) Each application for a license for a facility or for receipt of
waste radioactive material from other persons for the purpose of
commercial disposal by the waste disposal licensee will be assigned a
docket number. However, to allow a determination as to whether an
application for a construction permit or operating license for a
production or utilization facility is complete and acceptable for
docketing, it will be initially treated as a tendered application. A
copy of the tendered application will be available for public
inspection at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room. Generally, the determination on acceptability for
docketing will be made within a period of thirty (30) days. However, in
selected construction permit applications, the Commission may decide to
determine acceptability on the basis of the technical adequacy of the
application as well as its completeness. In these cases, the
Commission, pursuant to Sec. 2.104(a), will direct that the notice of
hearing be issued as soon as practicable after the application has been
tendered, and the determination of acceptability will be made generally
within a period of sixty (60) days. For docketing and other
requirements for applications pursuant to part 61 of this chapter, see
paragraph (g) of this section.
* * * * *
6. In Sec. 2.110, paragraph (c) is revised to read as follows:
Sec. 2.110 Filing and administrative action on submittals for design
review or early site review of site-suitability issues.
* * * * *
(c) Upon completion of review by the NRC staff and the ACRS of a
submittal of the type described in paragraph (a)(1) of this section,
the Director of the Office of Nuclear Reactor Regulation shall publish
in the Federal Register a determination as to whether or not the design
is acceptable, subject to conditions as may be appropriate, and shall
make available at the NRC Web site, http://www.nrc.gov, a report that
analyzes the design.
7. In Sec. 2.206, paragraph (a) is revised to read as follows:
Sec. 2.206 Requests for action under this subpart.
(a) Any person may file a request to institute a proceeding
pursuant to Sec. 2.202 to modify, suspend, or revoke a license, or for
any other action as may be proper. Requests must be addressed to the
Executive Director for Operations and must be filed either by delivery
to the NRC Public Document Room at 2120 L Street, NW, Washington, DC.,
or by mail or telegram addressed to the Executive Director for
Operations, U.S. Nuclear Regulatory Commission, Washington, DC. 20555-
0001. The request must specify the action requested and set forth the
facts that constitute the basis for the request. The Executive Director
for Operations will refer the request to the Director of the NRC office
with responsibility for the subject matter of the request for
appropriate action in accordance with paragraph (b) of this section.
* * * * *
8. In Sec. 2.701, paragraph (a)(1) is revised to read as follows:
Sec. 2.701 Filing of documents.
* * * * *
(a) * * *
(1) By delivery to the NRC Public Document Room at 2120 L Street,
NW., Washington, DC, or
* * * * *
9. In Sec. 2.740, paragraph (b) (1) is revised to read as follows:
Sec. 2.740 General provisions governing discovery.
* * * * *
(b) * * *
(1) In general. Parties may obtain discovery regarding any matter,
not privileged, which is relevant to the subject matter involved in the
proceeding, whether it relates to the claim or defense of any other
party,
[[Page 24535]]
including the existence, description, nature, custody, condition, and
location of any books, documents, or other tangible things and the
identity and location of persons having knowledge of any discoverable
matter. When any book, document or other tangible thing sought is
reasonably available from another source, such as at the NRC Web site,
http://www.nrc.gov, and/or the NRC Public Document Room, sufficient
response to an interrogatory involving such materials would be the
location, the title and a page reference to the relevant book, document
or tangible thing. In a proceeding on an application for a construction
permit or an operating license for a production or utilization
facility, discovery begins only after the prehearing conference
provided for in Sec. 2.751a and relates only to those matters in
controversy which have been identified by the Commission or the
presiding officer in the prehearing order entered at the conclusion of
that prehearing conference. In such a proceeding, no discovery may take
place after the beginning of the prehearing conference held pursuant to
Sec. 2.752 except upon leave of the presiding officer upon good cause
shown. It is not ground for objection that the information sought will
be inadmissible at the hearing if the information sought appears
reasonably calculated to lead to the discovery of admissible evidence.
* * * * *
10. In Sec. 2.750, paragraph (a) is revised to read as follows:
Sec. 2.750 Official reporter; transcript.
(a) A hearing will be reported under the supervision of the
presiding officer, stenographically or by other means, by an official
reporter who may be designated by the Commission or may be a regular
employee of the Commission. The transcript prepared by the reporter is
the sole official transcript of the proceeding. Except as limited
pursuant to section 181 of the Act or order of the Commission, the
transcript will be available for inspection at the NRC Web site, http:/
/www.nrc.gov, and/or at the NRC Public Document Room. Copies of
transcripts are available to parties and to the public from the
official reporter on payment of the specified charges.
* * * * *
11. In Sec. 2.790, the introductory text of paragraph (a) and
paragraph (c) are revised to read as follows:
Sec. 2.790 Public inspections, exemptions, requests for withholding.
(a) Subject to the provisions of paragraphs (b), (d), and (e) of
this section, final NRC records and documents, including but not
limited to correspondence to and from the NRC regarding the issuance,
denial, amendment, transfer, renewal, modification, suspension,
revocation, or violation of a license, permit, or order, or regarding a
rulemaking proceeding subject to this part shall not, in the absence of
a compelling reason for nondisclosure after a balancing of the
interests of the person or agency urging nondisclosure and the public
interest in disclosure, be exempt from disclosure and will be made
available for inspection and copying at the NRC Web site, http://
www.nrc.gov, and/or at the NRC Public Document Room, except for matters
that are:
* * * * *
(c) If a request for withholding pursuant to paragraph (b) of this
section is denied, the Commission will notify an applicant for
withholding of the denial with a statement of reasons. The notice of
denial will specify a time, not less than thirty (30) days after the
date of the notice, when the document will be available at the NRC Web
site, http://www.nrc.gov. If, within the time specified in the notice,
the applicant requests withdrawal of the document, the document will
not be available at the NRC Web site,
http://www.nrc.gov, and will be returned to the applicant: Provided,
that information submitted in a rule making proceeding which
subsequently forms the basis for the final rule will not be withheld
from public disclosure by the Commission and will not be returned to
the applicant after denial of any application for withholding submitted
in connection with that information. If a request for withholding
pursuant to paragraph (b) of this section is granted, the Commission
will notify the applicant of its determination to withhold the
information from public disclosure.
* * * * *
12. In Sec. 2.802, paragraphs (e) and (g) are revised to read as
follows:
Sec. 2.802 Petition for rulemaking.
* * * * *
(e) If it is determined that the petition includes the information
required by paragraph (c) of this section and is complete, the
Director, Division of Administrative Services, Office of
Administration, or designee, will assign a docket number to the
petition, will cause the petition to be formally docketed, and will
make a copy of the docketed petition available at the NRC Web site,
http://www.nrc.gov. Public comment may be requested by publication of a
notice of the docketing of the petition in the Federal Register, or, in
appropriate cases, may be invited for the first time upon publication
in the Federal Register of a proposed rule developed in response to the
petition. Publication will be limited by the requirements of section
181 of the Atomic Energy Act of 1954, as amended, and may be limited by
order of the Commission.
* * * * *
(g) The Director, Division of Administrative Services, Office of
Administration, will prepare on a semiannual basis a summary of
petitions for rulemaking before the Commission, including the status of
each petition. A copy of the report will be available for public
inspection and copying at the NRC Web site, http://www.nrc.gov, and/or
at the NRC Public Document Room.
13. In Sec. 2.804, paragraph (b)(2) is revised to read as follows:
Sec. 2.804 Notice of proposed rulemaking.
* * * * *
(b) * * *
(2) The manner and time within which interested members of the
public may comment, and a statement that copies of comments may be
examined will be made available at the NRC Web site, http://
www.nrc.gov;
* * * * *
14. In Sec. 2.809, paragraph (a) is revised to read as follows:
Sec. 2.809 Participation by the Advisory Committee on Reactor
Safeguards.
(a) In its advisory capacity to the Commission, the ACRS may
recommend that the Commission initiate rulemaking in a particular area.
The Commission will respond to such rulemaking recommendation in
writing within 90 days, noting its intent to implement, study, or defer
action on the recommendation. In the event the Commission decides not
to accept or decides to defer action on the recommendation, it will
give its reasons for doing so. Both the ACRS recommendation and the
Commission's response will be made available at the NRC Web site,
http://www.nrc.gov, following transmittal of the Commission's response
to the ACRS.
* * * * *
15. In Sec. 2.1007, paragraph (a)(3) is removed and reserved and
paragraph (a)(2) is revised to read as follows:
Sec. 2.1007 Access.
(a) * * *
(2) A system to provide electronic access to the Licensing Support
[[Page 24536]]
Network shall be provided at the NRC Web site, http://www.nrc.gov, and/
or at the NRC Public Document Room beginning in the pre-license
application phase.
(3) [Reserved].
* * * * *
16. In Sec. 2.1231, paragraphs (a)(1)(ii), (a)(2), and (b) are
revised to read as follows:
Sec. 2.1231 Hearing file; prohibition on discovery.
(a) * * *
(1) * * *
(ii) Making the file available at the NRC Web site, http://
www.nrc.gov.
(2) The hearing file also must be made available for public
inspection and copying at the NRC Web site, http://www.nrc.gov, and/or
at the NRC Public Document Room.
(b) The hearing file will consist of the application and any
amendment thereto, any NRC environmental impact statement or assessment
relating to the application, and any NRC report and any correspondence
between the applicant and the NRC that is relevant to the application.
Hearing file documents already available at the NRC Web site, http://
www.nrc.gov, and/or at the NRC Public Document Room when the hearing
request is granted may be incorporated into the hearing file at those
locations by a reference indicating where at those locations the
documents can be found. The presiding officer shall rule upon any issue
regarding the appropriate materials for the hearing file.
* * * * *
17. In Sec. 2.1301, paragraphs (a) and (c) are revised to read as
follows:
Sec. 2.1301 Public notice of receipt of a license transfer
application.
(a) The Commission will notice the receipt of each application for
direct or indirect transfer of a specific NRC license by placing a copy
of the application at the NRC Web site, http://www.nrc.gov.
* * * * *
(c) Periodic lists of applications received may be obtained upon
request addressed to the NRC Public Document Room, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001.
18. In Sec. 2.1303, the section heading and the introductory
paragraph are revised to read as follows:
Sec. 2.1303 Availability of documents.
Unless exempt from disclosure under part 9 of this chapter, the
following documents pertaining to each application for a license
transfer requiring Commission approval will be placed at the NRC Web
site, http://www.nrc.gov, when available:
* * * * *
19. In Sec. 2.1306, paragraph (c)(2) is revised to read as follows:
Sec. 2.1306 Hearing request or intervention petition.
* * * * *
(c) * * *
(2) 45 days after notice of receipt is placed at the NRC Web site,
http://www.nrc.gov, for all other applications; or
* * * * *
20. In Sec. 2.1330, paragraph (b) is revised to read as follows:
Sec. 2.1330 Reporter and transcript for an oral hearing.
* * * * *
(b) Except for any portions that must be protected from disclosure
in accordance with law and policy as reflected in 10 CFR 2.790,
transcripts will be placed at the NRC Web site, http://www.nrc.gov, and
copies may be purchased from the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
* * * * *
PART 7--ADVISORY COMMITTEES
21. The authority citation for part 7 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); Pub. L. 92-
463, 86 Stat. 770 (5 U.S.C. App.).
22. In Sec. 7.10, paragraph (b)(6) is revised to read as follows:
Sec. 7.10 The NRC Advisory Committee Management Officer.
* * * * *
(b) * * *
(6) Ensure that, subject to the Freedom of Information Act and
NRC's Freedom of Information Act regulations at 10 CFR part 9, subpart
A, copies of the records, reports, transcript minutes, appendices,
working papers, drafts, studies, agenda, or other documents that were
made available to or prepared for or by each NRC advisory committee are
available for public inspection and copying at the NRC Web site http://
www.nrc.gov, and/or at the NRC Public Document Room, until the advisory
committee ceases to exist.
* * * * *
23. In Sec. 7.11, paragraph (d)(5) is revised to read as follows:
Sec. 7.11 The Designated Federal Officer.
* * * * *
(d) * * *
(5) Make copies of committee documents required to be maintained
for public inspection and copying pursuant to Sec. 7.14(b) available at
the NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document
Room.
24. Section 7.14 is revised to read as follows:
Sec. 7.14 Public information on advisory committees.
(a) The Nuclear Regulatory Commission shall maintain systematic
information on the nature, functions, and operations of each NRC
advisory committee. A complete set of the charters of NRC advisory
committees and copies of the annual reports required by Sec. 7.17(a)
will be maintained for public inspection at either the NRC Web site,
http://www.nrc.gov; and/or at the NRC Public Document Room.
(b) Subject to the provisions of the Freedom of Information Act (5
U.S.C. 552) and NRC's Freedom of Information Act regulations at 10 CFR
part 9, subpart A, copies of NRC advisory committees' records, reports,
transcripts, minutes, appendices, working papers, drafts, studies,
agenda, and other documents shall be maintained for public inspection
and copying at the NRC Web site, http://www.nrc.gov; and/or at the NRC
Public Document Room.
25. In Sec. 7.17, paragraphs (a) and (b) are revised to read as
follows:
Sec. 7.17 Reports required for advisory committees.
(a) The Commission shall furnish a report on the activities of NRC
advisory committees annually to the Administrator and the GSA
Secretariat on a fiscal year basis. The report must contain information
regarding NRC advisory committees required by section 6(c) of the Act
for the President's annual report to the Congress and be consistent
with instructions provided by the GSA Secretariat. A copy of the report
is made available at the NRC Web site, http://www.nrc.gov, and/or at
the NRC Public Document Room.
(b) Any NRC advisory committee holding closed meetings shall issue
a report, at least annually, setting forth a summary of its activities
consistent with the policy of the Government in the Sunshine Act (5
U.S.C. 552b), as implemented by 10 CFR 9.104. A copy of the report is
made available at the NRC Web site, http://www.nrc.gov, and/or at the
NRC Public Document Room.
* * * * *
[[Page 24537]]
PART 9--PUBLIC RECORDS
26. The authority citation for part 9 continues to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended (42 U.S.C. 2201);
sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
Subpart A is also issued under 5 U.S.C. 552; 31 U.S.C. 9701;
Pub. L. 99-570. Subpart B is also issued under 5 U.S.C. 552a.
Subpart C is also issued under 5 U.S.C. 552b.
27. Section 9.21 is revised to read as follows:
Sec. 9.21 Publicly available records.
(a) Single copies of NRC publications in the NUREG series, NRC
Regulatory Guides, and Standard Review Plans can be ordered from the
National Technical Information Service, 5285 Port Royal Road,
Springfield, Virginia, 22161.
(b) For the convenience of persons who may wish to inspect without
charge, or purchase copies of a record or a limited category of records
for a fee, publicly available records of the NRC's activities described
in paragraph (c) of this section are also made available at the NRC Web
site, http://www.nrc.gov, and/or at the NRC Public Document Room
located at 2120 L Street, NW, Washington, DC, open between 7:45 am and
4:15 pm on Monday through Friday, except Federal holidays.
(c) The following records of NRC activities are available for
public inspection and copying:
(1) Final opinions including concurring and dissenting opinions as
well as orders of the NRC issued as a result of adjudication of cases;
(2) Statements of policy and interpretations that have been adopted
by the NRC and have not been published in the Federal Register;
(3) Nuclear Regulatory Commission rules and regulations;
(4) Nuclear Regulatory Commission Manuals and instructions to NRC
personnel that affect any member of the public;
(5) Copies of records that have been released to a person under the
Freedom of Information Act that, because of the nature of their subject
matter, the NRC determines have become or are likely to become the
subject of subsequent requests for substantially the same records.
(6) A general index of the records released under the FOIA.
(d) The published versions of the records made publicly available
under paragraph (c)(1) of this section are available under the title,
Nuclear Regulatory Issuances, NUREG-0750, for purchase through the
National Technical Information Service.
28. In Sec. 9.23, paragraph (a)(2) is removed and reserved and
paragraphs (a)(1), (c), (d)(2), and (e) are revised to read as follows:
Sec. 9.23 Requests for records.
(a)(1) A person may request access to records routinely made
available by the NRC under Sec. 9.21 in person or by telephone, e-mail,
fax, or U.S. mail from the NRC Public Document Room, 2120 L Street, NW,
Washington, DC 20555-0001.
(i) Each record requested must be described in sufficient detail to
enable the NRC Public Document Room staff to locate the record.
(ii) In order to obtain copies of records expeditiously, a person
may open an account at the NRC Public Document Room with the private
contracting firm that is responsible for duplicating NRC records.
(2) [Reserved]
* * * * *
(c) If a requested agency record that has been reasonably described
is located at a place other than at the NRC Web site, http://
www.nrc.gov, the NRC Public Document Room, or the NRC headquarters, the
NRC may, at its discretion, make the record available for inspection
and copying at either of the locations.
(d) * * *
(2) If the requested record has been placed on the NRC Internet Web
site, under Sec. 9.21, the NRC may inform the requester that the record
is available at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room, and that the record may be obtained in accordance
with the procedures set forth in paragraph (a) of this section.
(e) The Freedom of Information Act and Privacy Act Officer will
promptly forward a Freedom of Information Act request made under
paragraph (b) of this section for an agency record to the head of the
office(s) primarily concerned with the records requested, as
appropriate. The responsible office will conduct a search for the
agency records responsive to the request and compile those agency
records to be reviewed for initial disclosure determination and/or
identify those that have already been made publicly available at the
NRC Web site, http://www.nrc.gov, and/or at the NRC Public Document
Room.
29. In Sec. 9.35, paragraph (e) is removed, paragraphs (a)(2),
(a)(5) and (b), introductory text, are revised to read as follows:
Sec. 9.35 Duplication fees.
(a) * * *
(2) Self-service duplicating machines are available at the NRC
Public Document Room for the use of the public. Paper to paper copy is
$0.08 per page. Microfiche to paper is $0.10 per page on the reader
printers.
* * * * *
(5) Any change in the costs specified in this section will become
effective immediately pending completion of the final rulemaking that
amends this section to reflect the new charges. The Commission will
post the charges that will be in effect for the interim period at the
NRC Public Document Room. The Commission will publish a final rule in
the Federal Register that includes the new charges within 15 working
days from the beginning of the interim period.
(b) The NRC will assess the following charges for copies of records
to be duplicated by the NRC at locations other than the NRC Public
Document Room located in Washington, DC.:
* * * * *
30. In Sec. 9.45 paragraph (b) is revised to read as follows:
Sec. 9.45 Annual reports to the Attorney General of the United States.
* * * * *
(b) The NRC will make a copy of the most recent report available to
the public at the NRC Web site, http://www.nrc.gov.
31. In Sec. 9.105, paragraph (b) is revised to read as follows:
Sec. 9.105 Commission procedures.
* * * * *
(b) Within one day of any vote taken pursuant to paragraph (a) of
this section, Sec. 9.106(a), or Sec. 9.108(c), the Secretary shall make
publicly available at the NRC Web site, http://www.nrc.gov, a written
copy of such vote reflecting the vote of each member on the question.
If a portion of a meeting is to be closed to the public, the Secretary
shall, within one day of the vote taken pursuant to paragraph (a) of
this section or Sec. 9.106(a), make publicly available at the NRC Web
site, http://www.nrc.gov, a full written explanation of its action
closing the portion together with a list of all persons expected to
attend the meeting and their affiliation.
32. In Sec. 9.107, paragraph (d)(1) is revised to read as follows:
Sec. 9.107 Public announcement of Commission meetings.
* * * * *
(d) * * *:
[[Page 24538]]
(1) Publicly posting a copy of the document at the NRC Web site,
http://www.nrc.gov,; and, to the extent appropriate under the
circumstances;
* * * * *
33. In Sec. 9.108, paragraph (b) is revised to read as follows:
Sec. 9.108 Certification, transcripts, recordings and minutes.
* * * * *
(b) The Commission shall make promptly available to the public at
the NRC Web site, http://www.nrc.gov, the transcript, electronic
recording, or minutes (as required by paragraph (a) of this section) of
the discussion of any item on the agenda, or of any item of the
testimony of any witness received at the meeting, except for such item
or items of such discussion or testimony as the Commission determines
pursuant to paragraph (c) of this section to contain information which
may be withheld under Sec. 9.104 or Sec. 9.105(c). Copies of such
transcript, or minutes, or a transcription of such recording disclosing
the identity of each speaker, shall be furnished to any person upon
payment of the actual cost of duplication or transcription as provided
in Sec. 9.14. The Secretary shall maintain a complete verbatim copy of
the transcript, a complete copy of the minutes, or a complete
electronic recording of each meeting, or portion of a meeting, closed
to the public, for a period of at least two years after such meeting,
or until one year after the conclusion of any Commission proceeding
with respect to which the meeting or portion was held, whichever occurs
later.
* * * * *
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES
34. The authority citation for part 50 continues to read as
follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,
83 Stat. 1244, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88
Stat. 1242, as amended 1244, 1246, (42 U.S.C. 5841, 5842, 5846).
Section 50.7 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Section 50.10 also issued under secs. 101,
185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, Pub.
L. 91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd)
and 50.103 also issued under sec. 108, 68 Stat. 939, as amended (42
U.S.C. 2138). Sections 50.23, 50.35, 50.55 and 50.56 also issued
under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Section 50.33am
50.55a and Appendix Q also issued under sec. 102, Pub. L. 91-190, 83
Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued
under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Section 50.37 also
issued under E.O. 12829, 3 CFR 1993 Comp., p. 570, E.O. 12958, as
amended, 3 CFR 1995 Comp., p. 333, E.O. 12968, 3 CFR 1995 Comp., p.
391). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97-
415, 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 also issued under
sec. 122, 68 Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also
issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Appendix F also issued under sec. 187, 68 Stat. 955 (42 U.S.C.
2237).
35. In Sec. 50.30, paragraph (a)(5) is revised to read as follows:
Sec. 50.30 Filing of application for licenses; Oath or affirmation.
(a) * * *
(5) At the time of filing an application, the Commission will make
available at the NRC Web site, http://www.nrc.gov, a copy of the
application, subsequent amendments, and other records pertinent to the
facility for public inspection and copying.
* * * * *
36. In Sec. 50.44, paragraph (c)(3)(iv)(C) is revised to read as
follows:
Sec. 50.44 Standards for combustible gas control systems in light-
water-cooled power reactors.
* * * * *
(c) * * *
(3) * * *
(iv) * * *
(C) Subsubarticle NE--3220, Division 1, and Subsubarticle CC--3720,
Division 2, of Section III of the ASME Boiler and Pressure Vessel Code,
referenced in paragraphs (c)(3)(iv)(B)(1) and (c)(3)(iv)(B)(2) of this
section, have been approved for incorporation by reference by the
Director of the Office of the Federal Register. A notice of any changes
made to the material incorporated by reference will be published in the
Federal Register. Copies of the ASME Boiler and Pressure Vessel Code
may be purchased from the American Society of Mechanical Engineers,
United Engineering Center, 345 East 47th Street, New York, N.Y. 10017.
It is also available for inspection at the NRC Technical Reference
Library, Two White Flint North, Room 2B9, 11545 Rockville Pike,
Rockville, MD.
* * * * *
37. In Sec. 50.66, the introductory text of paragraph (a),
paragraph (a)(2), the introductory text of paragraph (f)(2), and
paragraph (f)(3) are revised to read as follows:
Sec. 50.66 Requirements for thermal annealing of the reactor pressure
vessel.
(a) For those light water nuclear power reactors where neutron
radiation has reduced the fracture toughness of the reactor vessel
materials, a thermal annealing may be applied to the reactor vessel to
recover the fracture toughness of the material. The use of a thermal
annealing treatment is subject to the requirements in this section. A
report describing the licensee's plan for conducting the thermal
annealing must be submitted in accordance with Sec. 50.4 at least three
years prior to the date at which the limiting fracture toughness
criteria in Sec. 50.61 or appendix G to part 50 would be exceeded.
Within three years of the submittal of the Thermal Annealing Report and
at least thirty days prior to the start of the thermal annealing, the
NRC will review the Thermal Annealing Report and make available the
results of its evaluation at the NRC Web site, http://www.nrc.gov. The
licensee may begin the thermal anneal after:
* * * * *
(2) The NRC makes available the results of its evaluation of the
Thermal Annealing Report at the NRC Web site, http://www.nrc.gov; and
* * * * *
(f) * * *
(2) Within 15 days after the NRC's receipt of the licensee
submissions required by paragraphs (c)(1), (c)(2) and (c)(3)(i) through
(iii) of this section, the NRC staff shall make available at the NRC
Web site, http://www.nrc.gov, a summary of its inspection of the
licensee's thermal annealing, and the Commission shall hold a public
meeting:
* * * * *
(3) Within 45 days of NRC's receipt of the licensee submissions
required by paragraphs (c)(1), (c)(2) and (c)(3)(i) through (iii) of
this section, the NRC staff shall complete full documentation of its
inspection of the licensee's annealing process and make available this
documentation at the NRC Web site, http://www.nrc.gov.
38. In appendix O to part 50, paragraph 5 is revised to read as
follows:
Appendix O to Part 50--Standardization of Design; Staff Review of
Standard Designs
* * * * *
5. Upon completion of their review of a submittal under this
appendix, the NRC regulatory staff shall publish in the Federal
Register a determination as to whether or not the preliminary or
final design is acceptable, subject to such conditions as may be
appropriate, and make available at the NRC
[[Page 24539]]
Web site, http://www.nrc.gov, an analysis of the design in the form
of a report. An approved design shall be utilized by and relied upon
by the regulatory staff and the ACRS in their review of any
individual facility license application which incorporates by
reference a design approved in accordance with this paragraph unless
there exists significant new information which substantially affects
the earlier determination or other good cause.
* * * * *
39. In Appendix Q to Part 50, paragraph 4 is revised to read as
follows:
Appendix Q to Part 50--Pre-application Early Review of Site Suitability
Issues.
* * * * *
4. Upon completion of review by the NRC staff and, if
appropriate by the ACRS, of a submittal under this appendix, the NRC
staff shall prepare a Staff Site Report which shall identify the
location of the site, state the site suitability issues reviewed,
explain the nature and scope of the review, state the conclusions of
the staff regarding the issues reviewed and state the reasons for
those conclusions. Upon issuance of an NRC Staff Site Report, the
NRC staff shall publish a notice of the availability of the report
in the Federal Register and shall make the report available at the
NRC Web site, http://www.nrc.gov. The NRC staff shall also send a
copy of the report to the Governor or other appropriate official of
the State in which the site is located, and to the chief executive
of the municipality in which the site is located or, if the site is
not located in a municipality, to the chief executive of the county.
* * * * *
PART 51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC
LICENSING AND RELATED REGULATORY FUNCTIONS
40. The authority citation for part 51 continues to read as
follows:
Authority: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106
Stat. 2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as
amended, 202, 88 Stat. 1242, as amended 1244 (42 U.S.C. 5841, 5842).
Subpart A also issued under National Environmental Policy Act of
1969, secs. 102, 104, 105, 83 Stat. 853-954, as amended (42 U.S.C.
4332, 4334, 4335); and Pub. L.95-604, Title II, 92 Stat. 3033-3041;
and sec. 193, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C. 2243).
Sections 51.20, 51.30, 51.60, 51.80, and 51.97 also issued under
secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241, and sec. 148,
Pub. L. 100-203, 101 Stat. 1330-223 (42 U.S.C. 10155, 10161, 10168).
Section 51.22 also issued under sec. 274, 73 Stat. 688, as amended
by 92 Stat. 3036-3038 (42 U.S.C. 2021) and under Nuclear Waste
Policy Act of 1982, sec. 121, 96 Stat. 2228 (42 U.S.C. 10141).
Sections 51.43, 51.67, and 51.109 also issued under Nuclear Waste
Policy Act of 1982, sec. 114(f) 96 Stat. 2216, as amended (42 U.S.C.
10134(f)).
41. In Sec. 51.62, paragraph (a) is revised to read as follows:
Sec. 51.62 Environmental report--Land disposal of radioactive waste
licensed under 10 CFR part 61.
(a) Each applicant for issuance of a license for land disposal of
radioactive waste pursuant to part 61 of this chapter shall submit with
its application to the Director of Nuclear Material Safety and
Safeguards the number of copies, as specified in Sec. 51.66 of a
separate document, entitled ``Applicant's Environmental Report--License
for Land Disposal of Radioactive Waste.'' The environmental report and
any supplement to the environmental report may incorporate by reference
information contained in the application or in any previous
application, statement or report filed with the Commission provided
that such references are clear and specific and that copies of the
information so incorporated are available at the NRC Web site, http://
www.nrc.gov, and/or at the NRC Public Document Room.
* * * * *
42. Section 51.120 is revised to read as follows:
Sec. 51.120 Availability of environmental documents for public
inspection.
Copies of environmental reports, draft and final environmental
impact statements, environmental assessments, and findings of no
significant impact, together with any related comments and
environmental documents, will be made available at the NRC Web site,
http://www.nrc.gov, and/or at the NRC Public Document Room.
43. In Sec. 51.123, paragraph (a) and (b) are revised to read as
follows:
Sec. 51.123 Charges for environmental documents; distribution to
governmental agencies.
(a) Distribution to public. Upon written request to the
Reproduction and Distribution Services Section, Office of the Chief
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and to the extent available, single copies of draft
environmental impact statements and draft findings of no significant
impact will be made available to interested persons without charge.
Single copies of final environmental impact statements and final
findings of no significant impact will also be provided without charge
to the persons listed in Sec. 51.93(a) and Sec. 51.119(c),
respectively. When more than one copy of an environmental impact
statement or a finding of no significant impact is requested or when
available NRC copies have been exhausted, the requestor will be advised
that the NRC will provide copies at the charges specified in Sec. 9.35
of this chapter.
(b) Distribution to governmental agencies. Upon written request to
the Reproduction and Distribution Services Section, Office of the Chief
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, and to the extent available, copies of draft and final
environmental impact statements and draft final findings of no
significant impact will be made available in the number requested to
Federal, State and local agencies, Indian tribes, and State, regional
and metropolitan clearinghouses. When available NRC copies have been
exhausted, the requester will be advised that the NRC will provide
copies at the charges specified in Sec. 9.35 of this chapter.
* * * * *
PART 52--EARLY SITE PERMITS; STANDARDS DESIGN CERTIFICATIONS; AND
COMBINED LICENSES FOR NUCLEAR POWER PLANTS
44. The authority citation for part 52 continues to read as
follows:
Authority: Secs. 103, 104, 161, 182, 183, 186, 68 Stat. 936,
948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 1244, as
amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); secs.
201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C.
5841, 5842, 5846).
45. In Appendix A to part 52, Section VI, paragraph E.1.b. is
revised to read as follows:
Appendix A to Part 52--Design Certification Rule for the U.S. Advanced
Boiling Reactor
* * * * *
VI. Issue Resolution.
* * * * *
E. * * *
1. * * *
b. The reason why the information currently available to the
public at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room, is insufficient;
* * * * *
46. In Appendix B to part 52, Section VI, paragraph E.1.b. is
revised to read as follows:
Appendix B to Part 52--Design Certification Rule for the System 80+
Design
* * * * *
E. * * *
1. * * *
b. The reason why the information currently available to the
public at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room, is insufficient.
[[Page 24540]]
47. In Appendix O to Part 52, paragraph 5 is revised to read as
follows:
Appendix O to part 52--Standardization of Design; Staff Review of
Standard Designs
* * * * *
5. Upon completion of their review of a submittal under this
appendix, the NRC regulatory staff shall publish in the Federal
Register a determination as to whether or not the preliminary or
final design is acceptable, subject to such conditions as may be
appropriate, and make available at the NRC Web site, http://
www.nrc.gov, an analysis of the design in the form of a report. An
approved design shall be utilized by and relied upon by the
regulatory staff and the ACRS in their review of any individual
facility license application which incorporates by reference a
design approved in accordance with this paragraph unless there
exists significant new information which substantially affects the
earlier determination or other good cause.
* * * * *
48. In Appendix Q to part 52, paragraph 4 is revised to read as
follows:
Appendix Q to Part 52--Pre-Application Early Site Review of Site
Suitability Issues
* * * * *
4. Upon completion of review by the NRC staff and, if
appropriate by the ACRS, of a submittal under this appendix, the NRC
staff shall prepare a Staff Site Report which shall identify the
location of the site, state the site suitability issues reviewed,
explain the nature and scope of the review, state the conclusions of
the staff regarding the issues reviewed and state the reasons for
those conclusions. Upon issuance of an NRC Staff Site Report, the
NRC staff shall publish a notice of the availability of the report
in the Federal Register and shall make available a copy of the
report at the NRC Web site, http://www.nrc.gov. The NRC staff shall
also send a copy of the report to the Governor or other appropriate
official of the State in which the site is located, and to the chief
executive of the municipality in which the site is located or, if
the site is not located in a municipality, to the chief executive of
the county.
* * * * *
PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTE IN GEOLOGIC
REPOSITORIES
49. The authority citation for Part 60 continues to read as
follows:
Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071,
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L.
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851).
50. In Sec. 60.2, the definition of NRC Public Document Room is
revised and the definition of NRC Web site is added to read as follows:
Sec. 60.2 Definitions.
* * * * *
NRC Public Document Room means the facility at 2120 L Street, NW.,
Washington, DC where certain public records of the NRC that were made
available for public inspection in paper or microfiche prior to the
implementation of the NRC Agencywide Documents Access and Management
System, commonly referred to as ADAMS, will remain available for public
inspection. It is also the place where computer terminals are available
to access the Electronic Reading Room component of ADAMS on the NRC Web
site, http://www.nrc.gov, where copies can be made or ordered as set
forth in Sec. 9.35. The facility is staffed with reference librarians
to assist the public in identifying and locating documents and in using
the NRC Web site and ADAMS. The NRC Public Document Room is open from
7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays.
Reference service and access to documents may also be requested by
telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm,
or by e-mail ([email protected]), fax (202-634-3343), or letter (NRC Public
Document Room, LL-6, Washington, DC 20555-0001).
NRC Web site, http://www.nrc.gov is the Internet uniform resource
locator name for the Internet address of the Web site where NRC will
ordinarily make available its public records for inspection.
* * * * *
51. In Sec. 60.18, paragraph (f) is revised to read as follows:
Sec. 60.18 Review of site characterization activities.
* * * * *
(f) The Director shall publish in the Federal Register a notice of
availability of the site characterization analysis and a request for
public comment within a reasonable period, as specified (not less than
90 days). The notice along with copies of the site characterization
analysis shall be available at the NRC Web site, http://www.nrc.gov,
and copies of any comments received will also be made available there.
* * * * *
52. In Sec. 60.61, paragraph (d) is revised to read as follows:
Sec. 60.61 Provision of information.
* * * * *
(d) Copies of all communications by the Director under this section
are available at the NRC Web site, http://www.nrc.gov, and/or at the
NRC Public Document Room, and copies are furnished to DOE.
53. In Sec. 60.63, paragraphs (b)and (f) are revised to read as
follows:
Sec. 60.63 Participation in license reviews.
* * * * *
(b) In addition, whenever an area has been approved by the
President for site characterization, a State or an affected Indian
Tribe may submit to the Director a proposal to facilitate its
participation in the review of a site characterization plan and/or
license application. The proposal may be submitted at any time and must
contain a description and schedule of how the State or affected Indian
Tribe wishes to participate in the review, or what services or
activities the State or affected Indian Tribe wishes NRC to carry out,
and how the services or activities proposed to be carried out by NRC
would contribute to such participation. The proposal may include
educational or information services (seminars, public meetings) or
other actions on the part of NRC, such as employment or exchange of
State personnel under the Intergovernmental Personnel Act.
* * * * *
(f) Proposals submitted under this section, and responses thereto,
shall be made available at the NRC Web site, http://www.nrc.gov, and/or
at the NRC Public Document Room.
PART 62--CRITERIA AND PROCEDURES FOR EMERGENCY ACCESS TO NON-
FEDERAL AND REGIONAL LOW-LEVEL WASTE DISPOSAL FACILITIES
54. The authority citation for part 62 continues to read as
follows:
Authority: Secs. 81, 161, as amended, 68 Stat. 935, 948, 949,
950, 951, as amended (42 U.S.C. 2111, 2201); secs. 201, 209, as
amended, 88 Stat. 1242, 1248, as amended (42 U.S.C. 5841, 5849);
secs. 3, 4, 5, 6, 99 Stat. 1843, 1844, 1845, 1846, 1847, 1848, 1849,
1850, 1851, 1852, 1853, 1854, 1855, 1856, 1857, (42 U.S.C. 2021c,
2021d, 2021e, 2021f).
55. In Sec. 62.11, paragraph (b) is revised to read as follows:
Sec. 62.11 Filing and distribution of a determination request.
* * * * *
(b) Upon receipt of a request for a determination, the Secretary of
the Commission shall publish a notice acknowledging receipt of the
request in
[[Page 24541]]
the Federal Register. The notice must require that public comment on
the request be submitted within 10 days of the publication date of the
notice. A copy of the request will be made available for inspection or
copying at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room. The Secretary of the Commission shall also
transmit a copy of the request to the U.S. Department of Energy, to the
Governors of the States of the Compact region where the waste is
generated, to the Governors of the States with operating non-Federal
low-level radioactive waste disposal facilities, to the Compact
Commissions with operating regional low-level radioactive waste
disposal facilities, and to the Governors of the States in the Compact
Commissions with operating disposal facilities.
* * * * *
56. In Sec. 62.22, paragraph (c) is revised to read as follows:
Sec. 62.22 Notice of issuance of a determination.
* * * * *
(c) The Secretary of the Commission shall make a copy of the final
determination available for inspection at the NRC Web site, http://
www.nrc.gov.
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL AND HIGH-LEVEL RADIOACTIVE WASTE
57. The authority citation for part 72 continues to read as
follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,
954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat.
688, as amended (42 U.S.C. 2021); sec. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846),
Pub. L. 95-601, sec. 10, 92 Stat. 2951, as amended by Pub. L. 102-
486, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241, sec. 148,
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153,
10155, 10157, 10161, 10168).
Secs. 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1220-236 (42 U.S.C. 10162(b),
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 97-100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J
also issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L.
97-425, 96 Stat. 2202, 2203, 2204, 2222, 2224, (42 U.S.C. 10101,
10137(a), 10161(h)). Subparts K and L are also issued under sec.
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252
(42 U.S.C. 10198).
58. In Sec. 72.200, paragraph (c) is revised to read as follows:
Sec. 72.200 Provision of MRS information.
* * * * *
(c) Copies of all communications by the Director or the Director's
designee under this section must be made available at the NRC Web site,
http://www.nrc.gov, and/or at the NRC Public Document Room, and must be
furnished to DOE.
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA
AGREEMENT
59. The authority citation for part 75 continues to read as
follows:
Authority: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932,
936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134,
2152, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841).
Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425,
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
60. In Sec. 75.2, paragraph (b) is revised to read as follows:
Sec. 75.2 Scope.
* * * * *
(b) The United States eligible list is a list of installations
eligible for IAEA safeguards under the US/IAEA Safeguards Agreement
which the Secretary of State or his designee files with the Commission.
A copy of this list is available for inspection at the NRC Web site,
http://www.nrc.gov, and/or at the NRC Public Document Room. In
accordance with the provisions of the Agreement, the following
activities are excluded from the United States eligible list:
(1) Activities having direct national security significance.
(2) Activities involving mining and ore processing.
* * * * *
PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS
61. The authority citation for part 76 continues to read as
follows:
Authority: Secs. 161, 68 Stat. 948, as amended, secs. 1312,
1701, as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-
349 (42 U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204,
206, 88 Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Sec 234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat.
1321, 1321-349 (42 U.S.C. 2243(a)).
Sec. 76.7 also issued under Pub. L. 95-601. sec. 10, 92 Stat.
2951 (42 U.S.C. 5851). Sec. 76.22 is also issued under sec. 193(f),
as amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat.
1321, 1321-349 (42 U.S.C. 2243(f)). Sec. 76.35(j) also issued under
sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
62. In Sec. 76.37, paragraph (a) is revised to read as follows:
Sec. 76.37 Federal Register notice.
* * * * *
(a) A notice of the filing of an application specifying that copies
of the application, except for Restricted Data, Unclassified Controlled
Nuclear Information, Classified National Security Information,
Safeguards Information, Proprietary Data, or other withholdable
information will be made available for the public inspection at the NRC
Web site, http://www.nrc.gov;
* * * * *
PART 100--REACTOR SITE CRITERIA
63. The authority citation for part 100 continues to read as
follows:
Authority: Secs. 103, 104, 161, 182, 68 Stat. 936, 937, 948,
953, as amended (42 U.S.C. 2133, 2134, 2201, 2232); secs. 201, as
amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841,
5842).
64. In Sec. 100.11 the undesignated paragraph after the note is
removed and a new paragraph (c) is added to read as follows:
Sec. 100.11 Determination of exclusion, low population zone, and
population center distance.
* * * * *
(c) Copies of Technical Information Document 14844 may be obtained
at the NRC Web site, http://www.nrc.gov, at the NRC Public Document
Room, 2120 L Street, NW., Washington, DC, or by writing the Director of
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
65. The authority citation for part 110 continues to read as
follows:
Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104,
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat.
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112,
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201,
[[Page 24542]]
2231-2233, 2237, 2239); sec. 201, 88 Stat. 1242, as amended (42
U.S.C. 5841), sec. 5, Pub. L. 101-575, 104 Stat. 2835 (42 U.S.C.
2243).
Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L.
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and
57d., 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued
under sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued
under sec. 123. 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also
issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C.
2236). Sections 110.80-110.113 also issued under (5 U.S.C. 552,
554). Sections 110.130-110.135 also issued under (5 U.S.C. 553).
Sections 110.2 and 110.42(a)(9) also issued under sec. 903, Pub. L.
102-496 (42 U.S.C. 2151 et seq.).
66. In Sec. 110.2 the definition of Public Document Room is removed
and new definitions of NRC Public Document Room and NRC Web site are
added to read as follows:
Sec. 110.2 Definitions.
* * * * *
NRC Public Document Room means the facility at 2120 L Street, NW.,
Washington, DC where certain public records of the NRC that were made
available for public inspection in paper or microfiche prior to the
implementation of the NRC Agencywide Documents Access and Management
System, commonly referred to as ADAMS, will remain available for public
inspection. It is also the place where computer terminals are available
to access the Electronic Reading Room component of ADAMS on the NRC Web
site, http://www.nrc.gov, where copies can be made or ordered as set
forth in Sec. 9.35. The facility is staffed with reference librarians
to assist the public in identifying and locating documents and in using
the NRC Web site and ADAMS. The NRC Public Document Room is open from
7:45 am to 4:15 pm, Monday through Friday, except on Federal holidays.
Reference service and access to documents may also be requested by
telephone (202-634-3273 or 800-397-4209) between 8:30 am and 4:15 pm,
or by e-mail ([email protected]), fax (202-634-3343), or letter (NRC Public
Document Room, LL-6, Washington, DC 20555-0001).
* * * * *
NRC Web site, http://www.nrc.gov, is the Internet uniform resource
locator name for the Internet address of the Web site where NRC will
ordinarily make available its public records for inspection.
* * * * *
67. In Sec. 110.70, paragraph (d) is removed and paragraph (a) is
revised to read as follows:
Sec. 110.70 Public notice of receipt of application.
(a) The Commission will notice the receipt of each license
application for an export or import for which a specific license is
required by making a copy available at the NRC Web site, http://
www.nrc.gov.
* * * * *
68. Section 110.71 is revised to read as follows:
Sec. 110.71 Notice of withdrawal of an application.
The Commission will notice the withdrawal of an application by
making a copy available at the NRC Web site, http://www.nrc.gov.
69. In Sec. 110.72, the section heading and introductory text are
revised to read as follows:
Sec. 110.72 Public availability of documents.
Unless exempt from disclosure under part 9 of this chapter, the
following documents pertaining to each license and license application
for an import or export requiring a specific license under this part
will be made available at the NRC Web site, http://www.nrc.gov, and/or
at the NRC Public Document Room:
* * * * *
70. In Sec. 110.112, paragraph (b) is revised to read as follows:
Sec. 110.112 Reporter and transcript for an oral hearing.
* * * * *
(b) Except for any classified portions, transcripts will be made
available at the NRC Web site, http://www.nrc.gov, and/or at the NRC
Public Document Room.
* * * * *
71. In Sec. 110.113, paragraph (c) is revised to read as follows:
Sec. 110.113 Commission action.
* * * * *
(c) If the Commission considers information not in the hearing
record in reaching its licensing decision, the hearing participants
will be informed and, if not classified or otherwise privileged, the
information will be made available at the NRC Web site, http://
www.nrc.gov, and furnished to the participants.
* * * * *
Dated at Rockville, Md. this 13 day of April, 1999.
For the Nuclear Regulatory Commission.
A. J. Galante,
Chief Information Officer.
[FR Doc. 99-11246 Filed 05-06-99; 8:45 am]
BILLING CODE 7590-01-P
