
[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR2]

[Page 85-88]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF OR
DERS--Table of Contents
 
Subpart H--Rulemaking

Sec. 2.800  Scope of rulemaking.

    This subpart governs the issuance, amendment and repeal of 
regulations in which participation by interested persons is prescribed 
under section 553 of title 5 of the U.S. Code.

[35 FR 11459, July 17, 1970]

Sec. 2.801  Initiation of rulemaking.

    Rulemaking may be initiated by the Commission at its own instance, 
on the recommendation of another agency of the United States, or on the 
petition of any other interested person.

Sec. 2.802  Petition for rulemaking.

    (a) Any interested person may petition the Commission to issue, 
amend or rescind any regulation. The petition should be addressed to the 
Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, Attention: Rulemakings and Adjudications Staff.
    (b) A prospective petitioner may consult with the NRC before filing 
a petition for rulemaking by writing to the Chief, Rules and Directives 
Branch, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. A 
prospective petitioner also may telephone the Rules and Directives 
Branch on (301) 415-7163 or toll free on (800) 368-5642.
    (1) In any consultation prior to the filing of a petition for 
rulemaking, the assistance that may be provided by the NRC staff is 
limited to--
    (i) Describing the procedure and process for filing and responding 
to a petition for rulemaking;
    (ii) Clarifying an existing NRC regulation and the basis for the 
regulation; and
    (iii) Assisting the prospective petitioner to clarify a potential 
petition so that the Commission is able to understand the nature of the 
issues of concern to the petitioner.
    (2) In any consultation prior to the filing of a petition for 
rulemaking, in providing the assistance permitted in paragraph (b)(1) of 
this section, the NRC staff will not draft or develop text or 
alternative approaches to address matters in the prospective petition 
for rulemaking.
    (c) Each petition filed under this section shall:
    (1) Set forth a general solution to the problem or the substance or 
text of any proposed regulation or amendment, or specify the regulation 
which is to be revoked or amended;
    (2) State clearly and concisely the petitioner's grounds for and 
interest in the action requested;
    (3) Include a statement in support of the petition which shall set 
forth the specific issues involved, the petitioner's views or arguments 
with respect to those issues, relevant technical, scientific or other 
data involved which is reasonably available to the petitioner, and such 
other pertinent information as the petitioner deems necessary to support 
the action sought. In support of its petition, petitioner should note 
any specific cases of which petitioner is aware where the current rule 
is unduly burdensome, deficient, or needs to be strengthened.

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    (d) The petitioner may request the Commission to suspend all or any 
part of any licensing proceeding to which the petitioner is a party 
pending disposition of the 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.
    (f) If it is determined by the Executive Director for Operations 
that the petition does not include the information required by paragraph 
(c) of this section and is incomplete, the petitioner will be notified 
of that determination and the respects in which the petition is 
deficient and will be accorded an opportunity to submit additional data. 
Ordinarily this determination will be made within 30 days from the date 
of receipt of the petition by the Office of the Secretary of the 
Commission. If the petitioner does not submit additional data to correct 
the deficiency within 90 days from the date of notification to the 
petitioner that the petition is incomplete, the petition may be returned 
to the petitioner without prejudice to the right of the petitioner to 
file a new petition.
    (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.

[44 FR 61322, Oct. 25, 1979, as amended at 46 FR 35487, July 9, 1981; 52 
FR 31609, Aug. 21, 1987; 53 FR 52993, Dec. 30, 1988; 54 FR 53315, Dec. 
28, 1989; 56 FR 10360, Mar. 12, 1991; 59 FR 44895, Aug. 31, 1994; 59 FR 
60552, Nov. 25, 1994; 62 FR 27495, May 20, 1997; 63 FR 15742, Apr. 1, 
1998; 64 FR 48949, Sept. 9, 1999]

Sec. 2.803  Determination of petition.

    No hearing will be held on the petition unless the Commission deems 
it advisable. If the Commission determines that sufficient reason 
exists, it will publish a notice of proposed rulemaking. In any other 
case, it will deny the petition and will notify the petitioner with a 
simple statement of the grounds of denial.

Sec. 2.804  Notice of proposed rulemaking.

    (a) Except as provided by paragraph (d) of this section, when the 
Commission proposes to adopt, amend, or repeal a regulation, it will 
cause to be published in the Federal Register a notice of proposed 
rulemaking, unless all persons subject to the notice are named and 
either are personally served or otherwise have actual notice in 
accordance with law.
    (b) The notice will include:
    (1) Either the terms or substance of the proposed rule, or a 
specification of the subjects and issues involved;
    (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;
    (3) The authority under which the regulation is proposed;
    (4) The time, place, and nature of the public hearing, if any;
    (5) If a hearing is to be held, designation of the presiding officer 
and any special directions for the conduct of the hearing; and
    (6) Such explanatory statement as the Commission may consider 
appropriate.
    (c) The publication or service of notice will be made not less than 
fifteen (15) days prior to the time fixed for hearing, if any, unless 
the Commission for good cause stated in the notice provides otherwise.

[[Page 87]]

    (d) The notice and comment provisions contained in paragraphs (a), 
(b), and (c) of this section will not be required to be applied--
    (1) To interpretative rules, general statements of policy, or rules 
of agency organization, procedure, or practice; or
    (2) When the Commission for good cause finds that notice and public 
comment are impracticable, unnecessary, or contrary to the public 
interest, and are not required by statute. This finding, and the reasons 
therefor, will be incorporated into any rule issued without notice and 
comment for good cause.
    (e) The Commission shall provide for a 30-day post-promulgation 
comment period for--
    (1) Any rule adopted without notice and comment under the good cause 
exception on paragraph (d)(2) of this section where the basis is that 
notice and comment is ``impracticable'' or ``contrary to the public 
interest.''
    (2) Any interpretative rule, or general statement of policy adopted 
without notice and comment under paragraph (d)(1) of this section, 
except for those cases for which the Commission finds that such 
procedures would serve no public interest, or would be so burdensome as 
to outweigh any foreseeable gain.
    (f) For any post-promulgation comments received under paragraph (e) 
of this section, the Commission shall publish a statement in the Federal 
Register containing an evaluation of the significant comments and any 
revisions of the rule or policy statement made as a result of the 
comments and their evaluation.

[27 FR 377, Jan. 13, 1962, as amended at 50 FR 13010, Apr. 2, 1985; 64 
FR 48949, Sept. 9, 1999]

Sec. 2.805  Participation by interested persons.

    (a) In all rulemaking proceedings conducted under the provisions of 
Sec. 2.804(a), the Commission will afford interested persons an 
opportunity to participate through the submission of statements, 
information, opinions, and arguments in the manner stated in the notice. 
The Commission may grant additional reasonable opportunity for the 
submission of comments.
    (b) The Commission may hold informal hearings at which interested 
persons may be heard, adopting procedures which in its judgment will 
best serve the purpose of the hearing.

[27 FR 377, Jan. 13, 1962, as amended at 50 FR 13010, Apr. 2, 1985; 50 
FR 15865, Apr. 22, 1985]

Sec. 2.806  Commission action.

    The Commission will incorporate in the notice of adoption of a 
regulation a concise general statement of its basis and purpose, and 
will cause the notice and regulation to be published in the Federal 
Register or served upon affected persons.

Sec. 2.807  Effective date.

    The notice of adoption of a regulation will specify the effective 
date. Publication or service of the notice and regulation, other than 
one granting or recognizing exemptions or relieving from restrictions, 
will be made not less than thirty (30) days prior to the effective date 
unless the Commission directs otherwise on good cause found and 
published in the notice of rule making.

Sec. 2.808  Authority of the Secretary to rule on procedural matters.

    When briefs, motions or other papers listed herein are submitted to 
the Commission itself, as opposed to officers who have been delegated 
authority to act for the Commission, the Secretary or the Assistant 
Secretary are authorized to:
    (a) Prescribe schedules for the filing of statements, information, 
briefs, motions, responses or other pleadings, where such schedules may 
differ from those elsewhere prescribed in these rules or where these 
rules do not prescribe a schedule;
    (b) Rule on motions for extensions of time;
    (c) Reject motions, briefs, pleadings, and other documents filed 
with the Commission later than the time prescribed by the Secretary or 
the Assistant Secretary or established by an order, rule, or regulation 
of the Commission unless good cause is shown for the late filing; and

[[Page 88]]

    (d) Prescribe all procedural arrangements relating to any oral 
argument to be held before the Commission.

[39 FR 24219, July 1, 1974]

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.
    (b) When a rule involving nuclear safety matters within the purview 
of the ACRS is under development by the NRC Staff, the Staff will ensure 
that the ACRS is given an opportunity to provide advice at appropriate 
stages and to identify issues to be considered during rulemaking 
hearings.

[46 FR 22358, Apr. 17, 1981, as amended at 64 FR 48949, Sept. 9, 1999]

Sec. 2.810  NRC size standards.

    The NRC shall use the size standards contained in this section to 
determine whether a licensee qualifies as a small entity in its 
regulatory programs.
    (a) A small business is a for-profit concern and is a--
    (1) Concern that provides a service or a concern not engaged in 
manufacturing with average gross receipts of $5 million or less over its 
last 3 completed fiscal years; or
    (2) Manufacturing concern with an average number of 500 or fewer 
employees based upon employment during each pay period for the preceding 
12 calendar months.
    (b) A small organization is a not-for-profit organization which is 
independently owned and operated and has annual gross receipts of $5 
million or less.
    (c) A small governmental jurisdiction is a government of a city, 
county, town, township, village, school district, or special district 
with a population of less than 50,000.
    (d) A small educational institution is one that is--
    (1) Supported by a qualifying small governmental jurisdiction; or
    (2) Not state or publicly supported and has 500 or fewer employees.
    (e) For the purposes of this section, the NRC shall use the Small 
Business Administration definition of receipts (13 CFR 121.402(b)(2)). A 
licensee who is a subsidiary of a large entity does not qualify as a 
small entity for purposes of this section.
    (f) Whenever appropriate in the interest of administering statutes 
and regulations within its jurisdiction, it is the practice of the NRC 
to answer inquiries from small entities concerning information on and 
advice about compliance with the statutes and regulations that affect 
them. To help small entities obtain information quickly, the NRC has 
established a toll-free telephone number at 1-800-368-5642.

[60 FR 18346, Apr. 11, 1995, as amended at 62 FR 26220, May 13, 1997]
