Update to Transcript Correction Procedures, 47005-47006 [2016-17072]

Download as PDF Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations Lists of Subjects in 9 CFR Part 112 DEPARTMENT OF AGRICULTURE Animal biologics, Exports, Imports, Labeling, packaging and containers, Reporting and recordkeeping requirements. Accordingly, we are amending 9 CFR part 112 as follows: Animal and Plant Health Inspection Service 9 CFR Part 112 [Docket No. APHIS–2011–0049] PART 112—PACKAGING AND LABELING RIN 0579–AD64 1. The authority citation for part 112 continues to read as follows: Viruses, Serums, Toxins, and Analogous Products; Single Label Claim for Veterinary Biological Products ■ Animal and Plant Health Inspection Service, USDA. ACTION: Final rule; technical amendment. § 112.5 Authority: 21 U.S.C. 151–159; 7 CFR 2.22, 2.80, and 371.4. AGENCY: In a final rule published in the Federal Register on July 10, 2015, and effective on September 8, 2015, we amended the Virus-Serum-Toxin Act regulations to provide for the use of a simpler labeling format that would better communicate product performance to the user. Among other things, we provided the address of a Web site for accessing transmittal forms to be used with each submission of sketches and labels. However, the Web site address provided is incorrect. Therefore, we are amending the regulations to provide the correct address. SUMMARY: DATES: Effective July 20, 2016. rmajette on DSK2TPTVN1PROD with RULES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 14:53 Jul 19, 2016 Jkt 238001 Done in Washington, DC, this 14th day of July 2016. Jere L. Dick, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016–17073 Filed 7–19–16; 8:45 am] BILLING CODE 3410–34–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 [NRC–2016–0117] Dr. Donna Malloy, Operational Support Section, Center for Veterinary Biologics, Policy, Evaluation, and Licensing, VS, APHIS, 4700 River Road, Unit 148, Riverdale, MD 20737; (301) 851–2352. SUPPLEMENTARY INFORMATION: In a final rule 1 that was published in the Federal Register on July 10, 2015 (80 FR 39669– 39675, Docket No. APHIS–2011–0049), and effective on September 8, 2015, we amended the Virus-Serum-Toxin Act regulations to provide for the use of a simpler labeling format that would better communicate product performance to the user. Among other things, we provided the address of a Web site in § 112.5(a) for accessing transmittal forms to be used with each submission of sketches (including proofs) and labels. However, the Web site address provided is for accessing product licensing data and not transmittal forms. Therefore, we are amending § 112.5(a) to correct the address. 1 To view the final rule and supporting documents, go to http://www.regulations.gov/ #!docketDetail;D=APHIS-2011-0049. [Amended] 2. In § 112.5, paragraph (a) is amended by removing the words ‘‘(productdata.aphis.usda.gov)’’ and adding the words ‘‘(http:// www.aphis.usda.gov/animalhealth/cvb/ forms)’’ in their place. ■ RIN 3150–AJ76 Update to Transcript Correction Procedures Nuclear Regulatory Commission. ACTION: Final rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is amending its regulation that governs the correction of official transcripts for agency adjudicatory proceedings. The current regulation has not been substantively updated since it was adopted in 1962 and the NRC’s internal procedures have evolved since that time to incorporate technological development. The NRC is not soliciting public comment on this change because the change is limited to an agency rule of procedure and practice that does not affect the rights and responsibilities of outside parties. DATES: This final rule is effective on July 20, 2016. ADDRESSES: Please refer to Docket ID NRC–2016–0117 when contacting the NRC about the availability of information for this action. You may SUMMARY: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 47005 obtain publicly-available information related to this action by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2016–0117. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For other questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Public Document Room (PDR): You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Tison Campbell, Office of the General Counsel, telephone: 301–287–9290, email: Tison.Campbell@nrc.gov, U.S. Nuclear Regulatory Commission, Washington DC 20555–0001. SUPPLEMENTARY INFORMATION: I. Summary of Changes In 1962, the Atomic Energy Commission (the NRC’s predecessor agency) adopted revised rules of practice and procedure to govern the conduct of adjudicatory proceedings before the agency (27 FR 377; January 13, 1962). As part of those regulations, the Commission adopted a paragraph governing the correction of hearing transcripts. That provision, originally at § 2.750(b) of title 10 of the Code of Federal Regulations (10 CFR), provided specific, prescriptive direction to the Commission’s staff regarding the method for recording and showing corrections to transcripts. For example, the Secretary was directed to make any physical corrections to the official transcript, not by replacing pages, but by drawing a line through the text to be changed in the original transcript and writing the correct text immediately above. The current agency practice varies. In Commission proceedings, an appendix listing the transcript corrections and a clean version of the transcript are attached to the order adopting the parties’ proposed transcript corrections. In Atomic Safety and Licensing Board Panel proceedings, the boards generally issue an order adopting the parties’ joint proposed transcript corrections, with or without an appendix listing the corrections. The Secretary does not prepare transcripts of board proceedings. The NRC is, therefore, updating the regulation that governs the correction of official transcripts for agency adjudicatory proceedings, currently at E:\FR\FM\20JYR1.SGM 20JYR1 47006 Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations § 2.327(d), to reflect advancements in technology and to bring its regulations in line with current agency practice. The revision to § 2.327(d) removes prescriptive requirements from the regulation and allows presiding officers flexibility in determining the method to prepare corrected transcripts. This change allows the presiding officer to list transcript changes in a table included in or appended to an order; issue a marked-up version of the transcript; issue a clean, revised version of the transcript; or select another method that ensures a clear and concise description of transcript changes. II. Rulemaking Procedure Under the Administrative Procedure Act (5 U.S.C. 553(b)(A)), notice and comment requirements do not apply ‘‘to interpretive rules, general statements of policy, or rules of agency organization, procedure, or practice.’’ Because this revision affects the NRC’s rules of agency procedure and practice, the notice and comment provisions of the Administrative Procedure Act do not apply. Moreover, the final rule does not change the substantive responsibilities of any person or entity regulated by the NRC. The amendments are effective upon publication in the Federal Register. Good cause exists under 5 U.S.C. 553(d) to dispense with the usual 30-day delay in the effective date of the final rule because the amendments are of a minor and administrative nature dealing with changes to certain sections that do not require action by any person or entity regulated by the NRC. III. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883). rmajette on DSK2TPTVN1PROD with RULES IV. National Environmental Policy Act The NRC has determined that this final rule is the type of action described in 10 CFR 51.22(c)(1). Therefore, neither an environmental impact statement nor environmental assessment has been prepared for this final rule. V. Paperwork Reduction Act This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995. VerDate Sep<11>2014 14:53 Jul 19, 2016 Jkt 238001 VI. Congressional Review Act This final rule is not a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). VII. Availability of Guidance The NRC will not be issuing guidance for this rulemaking because the revised rule applies to the NRC only and does not affect the rights and responsibilities of outside parties. List of Subjects in 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Confidential business information, Freedom of information, Environmental protection, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR part 2. PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 2 continues to read as follows: ■ Authority: Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) also issued under Sec. 31001(s), Pub. L. 104–134, 110 Stat. 1321–373 (28 U.S.C. 2461 note). 2. In § 2.327, revise paragraph (d) to read as follows: ■ § 2.327 Official recording; transcript. * * * * * (d) Transcript corrections. Corrections ordered or approved by the presiding officer must be included in the record through the issuance of an order by the presiding officer or the Secretary, as appropriate under the regulations in this part. The order shall reflect the corrections to the transcript through the use of a table, the issuance of a corrected or new transcript, or some other method selected by the presiding PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 officer that will ensure a clear and concise description of the corrections. Dated at Rockville, Maryland, this 14th day of July, 2016. For the Nuclear Regulatory Commission. Cindy Bladey, Chief, Rules, Announcements, and Directives Branch. Office of Administration. [FR Doc. 2016–17072 Filed 7–19–16; 8:45 am] BILLING CODE 7590–01–P FEDERAL RESERVE SYSTEM 12 CFR Part 263 [Docket No. R–1543] RIN 7100 AE–55 Rules of Practice for Hearings Board of Governors of the Federal Reserve System. ACTION: Interim final rule. AGENCY: The Board of Governors of the Federal Reserve System (the ‘‘Board’’) is issuing an interim final rule amending its rules of practice and procedure to adjust the amount of each civil monetary penalty (‘‘CMP’’) provided by law within its jurisdiction to account for inflation as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: This interim final rule is effective on August 1, 2016. Comments on the interim final rule must be received on or before August 30, 2016. ADDRESSES: When submitting comments, please consider submitting your comments by email or fax because paper mail in the Washington, DC area and at the Board may be subject to delay. You may submit comments, identified by Docket No. R–1543 and RIN 7100 AE 55, by any of the following methods: • Agency Web site: www.federalreserve.gov. Follow the instructions for submitting comments at www.federalreserve.gov/generalinfo/ foia/ProposedRegs.cfm. • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • Email: regs.comments@ federalreserve.gov. Include the docket number in the subject line of the message. • Fax: (202) 452–3819 or (202) 452– 3102. • Mail: Address to Robert deV. Frierson, Secretary, Board of Governors of the Federal Reserve System, 20th Street and Constitution Avenue NW., Washington, DC 20551. All public comments will be made available on the Board’s Web site at SUMMARY: E:\FR\FM\20JYR1.SGM 20JYR1

Agencies

[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47005-47006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17072]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 2

[NRC-2016-0117]
RIN 3150-AJ76


Update to Transcript Correction Procedures

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulation that governs the correction of official transcripts for 
agency adjudicatory proceedings. The current regulation has not been 
substantively updated since it was adopted in 1962 and the NRC's 
internal procedures have evolved since that time to incorporate 
technological development. The NRC is not soliciting public comment on 
this change because the change is limited to an agency rule of 
procedure and practice that does not affect the rights and 
responsibilities of outside parties.

DATES: This final rule is effective on July 20, 2016.

ADDRESSES: Please refer to Docket ID NRC-2016-0117 when contacting the 
NRC about the availability of information for this action. You may 
obtain publicly-available information related to this action by any of 
the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0117. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For other questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Public Document Room (PDR): You may examine and 
purchase copies of public documents at the NRC's PDR, Room O1-F21, One 
White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Tison Campbell, Office of the General 
Counsel, telephone: 301-287-9290, email: Tison.Campbell@nrc.gov, U.S. 
Nuclear Regulatory Commission, Washington DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Summary of Changes

    In 1962, the Atomic Energy Commission (the NRC's predecessor 
agency) adopted revised rules of practice and procedure to govern the 
conduct of adjudicatory proceedings before the agency (27 FR 377; 
January 13, 1962). As part of those regulations, the Commission adopted 
a paragraph governing the correction of hearing transcripts. That 
provision, originally at Sec.  2.750(b) of title 10 of the Code of 
Federal Regulations (10 CFR), provided specific, prescriptive direction 
to the Commission's staff regarding the method for recording and 
showing corrections to transcripts. For example, the Secretary was 
directed to make any physical corrections to the official transcript, 
not by replacing pages, but by drawing a line through the text to be 
changed in the original transcript and writing the correct text 
immediately above.
    The current agency practice varies. In Commission proceedings, an 
appendix listing the transcript corrections and a clean version of the 
transcript are attached to the order adopting the parties' proposed 
transcript corrections. In Atomic Safety and Licensing Board Panel 
proceedings, the boards generally issue an order adopting the parties' 
joint proposed transcript corrections, with or without an appendix 
listing the corrections. The Secretary does not prepare transcripts of 
board proceedings.
    The NRC is, therefore, updating the regulation that governs the 
correction of official transcripts for agency adjudicatory proceedings, 
currently at

[[Page 47006]]

Sec.  2.327(d), to reflect advancements in technology and to bring its 
regulations in line with current agency practice. The revision to Sec.  
2.327(d) removes prescriptive requirements from the regulation and 
allows presiding officers flexibility in determining the method to 
prepare corrected transcripts. This change allows the presiding officer 
to list transcript changes in a table included in or appended to an 
order; issue a marked-up version of the transcript; issue a clean, 
revised version of the transcript; or select another method that 
ensures a clear and concise description of transcript changes.

II. Rulemaking Procedure

    Under the Administrative Procedure Act (5 U.S.C. 553(b)(A)), notice 
and comment requirements do not apply ``to interpretive rules, general 
statements of policy, or rules of agency organization, procedure, or 
practice.'' Because this revision affects the NRC's rules of agency 
procedure and practice, the notice and comment provisions of the 
Administrative Procedure Act do not apply. Moreover, the final rule 
does not change the substantive responsibilities of any person or 
entity regulated by the NRC.
    The amendments are effective upon publication in the Federal 
Register. Good cause exists under 5 U.S.C. 553(d) to dispense with the 
usual 30-day delay in the effective date of the final rule because the 
amendments are of a minor and administrative nature dealing with 
changes to certain sections that do not require action by any person or 
entity regulated by the NRC.

III. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883).

IV. National Environmental Policy Act

    The NRC has determined that this final rule is the type of action 
described in 10 CFR 51.22(c)(1). Therefore, neither an environmental 
impact statement nor environmental assessment has been prepared for 
this final rule.

V. Paperwork Reduction Act

    This final rule does not contain a collection of information as 
defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) 
and, therefore, is not subject to the requirements of the Paperwork 
Reduction Act of 1995.

VI. Congressional Review Act

    This final rule is not a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808).

VII. Availability of Guidance

    The NRC will not be issuing guidance for this rulemaking because 
the revised rule applies to the NRC only and does not affect the rights 
and responsibilities of outside parties.

List of Subjects in 10 CFR Part 2

    Administrative practice and procedure, Antitrust, Byproduct 
material, Classified information, Confidential business information, 
Freedom of information, Environmental protection, Hazardous waste, 
Nuclear energy, Nuclear materials, Nuclear power plants and reactors, 
Penalties, Reporting and recordkeeping requirements, Sex 
discrimination, Source material, Special nuclear material, Waste 
treatment and disposal.

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting 
the following amendments to 10 CFR part 2.

PART 2--AGENCY RULES OF PRACTICE AND PROCEDURE

0
1. The authority citation for part 2 continues to read as follows:

    Authority:  Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 
102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 
U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 
2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy 
Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); 
Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 
U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act 
(5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy 
Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) 
also issued under Sec. 31001(s), Pub. L. 104-134, 110 Stat. 1321-373 
(28 U.S.C. 2461 note).


0
2. In Sec.  2.327, revise paragraph (d) to read as follows:


Sec.  2.327  Official recording; transcript.

* * * * *
    (d) Transcript corrections. Corrections ordered or approved by the 
presiding officer must be included in the record through the issuance 
of an order by the presiding officer or the Secretary, as appropriate 
under the regulations in this part. The order shall reflect the 
corrections to the transcript through the use of a table, the issuance 
of a corrected or new transcript, or some other method selected by the 
presiding officer that will ensure a clear and concise description of 
the corrections.

    Dated at Rockville, Maryland, this 14th day of July, 2016.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch. Office of 
Administration.
[FR Doc. 2016-17072 Filed 7-19-16; 8:45 am]
 BILLING CODE 7590-01-P