[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]
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