Administrative Changes to Agency Rules of Practice and Procedure, 67830-67834 [2024-18742]

Download as PDF 67830 Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Rules and Regulations Appendix D to Subpart B of Part 532— Nonappropriated Fund Wage and Survey Areas * * * * * Definitions of Wage Areas and Wage Area Survey Areas * * * * * 10 CFR Part 2 [NRC–2023–0210] RIN 3150–AL09 DISTRICT OF COLUMBIA Administrative Changes to Agency Rules of Practice and Procedure Washington, DC AGENCY: Nuclear Regulatory Commission. ACTION: Direct final rule. Survey Area District of Columbia: Washington, DC West Virginia: Berkeley * * * * * MARYLAND Anne Arundel Survey Area Maryland: Anne Arundel Area of Application. Survey Area Plus: Maryland (city): Baltimore Maryland (counties): Baltimore Frederick Charles-St. Mary’s Survey Area Maryland: Charles St. Mary’s Area of Application. Survey Area Plus: Maryland: Calvert Virginia: King George Harford Survey Area Maryland: Harford Area of Application. Survey Area Plus: Maryland: Cecil Montgomery-Prince George’s Survey Area Maryland: Montgomery Prince George’s Area of Application. Survey Area. * * * * * [FR Doc. 2024–18740 Filed 8–21–24; 8:45 am] BILLING CODE 6325–39–P VerDate Sep<11>2014 The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to revise the agency’s rules of practice and procedure to improve access to documents and make e-filing rules technology neutral, to delete an obsolete regulation, to clarify the applicability of subpart L and subpart N procedures, to enhance internal consistency for page limit requirements, to enhance consistency with the Federal Rules of Evidence for ‘‘true copies,’’ and to better reflect current Atomic Safety and Licensing Board Panel practice regarding admission of evidence. DATES: The final rule is effective November 5, 2024, unless significant adverse comments are received by September 23, 2024. If the direct final rule is withdrawn as a result of such comments, timely notice of the withdrawal will be published in the Federal Register. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Comments received on this direct final rule will also be considered to be comments on a companion proposed rule published in the Proposed Rules section of this issue of the Federal Register. ADDRESSES: Please refer to Docket ID NRC–2023–0210 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0210. Address questions about NRC dockets to Helen Chang; telephone: 301–415–3228; email: Helen.Chang@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at SUMMARY: Area of Application. Survey Area Plus: ddrumheller on DSK120RN23PROD with RULES1 NUCLEAR REGULATORY COMMISSION 16:38 Aug 21, 2024 Jkt 262001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, at 301–415–4737, or by email to PDR.Resource@nrc.gov. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays. You can read a plain language description of this direct final rule at https://www.regulations.gov/docket/ NRC-2023-0210. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Ethan Licon, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–1016, email: Ethan.Licon@nrc.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Obtaining Information and Submitting Comments II. Rulemaking Procedure III. Background IV. Discussion V. Plain Writing VI. National Environmental Policy Act VII. Paperwork Reduction Act VIII. Congressional Review Act I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2023– 0210 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC–2023–0210. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301– E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Rules and Regulations 415–4737, or by email to PDR.Resource@nrc.gov. • NRC’s PDR: The NRC PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays. B. Submitting Comments The NRC encourages electronic comment submission through the Federal rulemaking website (https:// www.regulations.gov). Please include Docket ID NRC–2023–0210 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. ddrumheller on DSK120RN23PROD with RULES1 II. Rulemaking Procedure Because the NRC considers this action to be non-controversial, the NRC is using the ‘‘direct final rule procedure’’ for this rule. This amendment is effective on November 5, 2024. However, if the NRC receives significant adverse comments on this direct final rule by September 23, 2024, then the NRC will publish a document that withdraws this action and will address the comments received in a subsequent final rule or as otherwise appropriate. In general, absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or VerDate Sep<11>2014 16:38 Aug 21, 2024 Jkt 262001 unacceptable without a change. A comment is adverse and significant if: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, a substantive response is required when: (a) The comment causes the NRC to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC to make a change (other than editorial) to the rule. For detailed instructions on filing comments, please see the ADDRESSES section of this document. III. Background The NRC’s regulations governing the conduct of adjudicatory proceedings before the agency are contained in part 2 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Agency Rules of Practice and Procedure.’’ Periodically, the NRC has amended these rules, including adopting changes in 2004 to enhance efficiency; in 2012 to promote fairness, efficiency, and openness; in 2016 to reflect technological advances and current agency practice; and in 2020 to reflect Commission case law, Supreme Court precedent, and current agency practice. Since the last update to the agency’s rules of practice and procedure, the NRC has identified additional provisions that should be updated to improve access to documents and make e-filing rules technology neutral, to delete an obsolete regulation, to clarify the applicability of Subpart L and Subpart N procedures, to enhance internal consistency for page limit requirements, to enhance consistency with the Federal Rules of Evidence for ‘‘true copies,’’ and to better reflect current Atomic Safety and Licensing Board Panel practice regarding admission of evidence. 67831 the NRC’s E-Filing system in 10 CFR part 2. Most significantly, this direct final rule eliminates references to ‘‘digital ID certificate’’ and ‘‘digital ID certificates’’ throughout 10 CFR part 2. The NRC is removing the definitions for ‘‘Digital ID certification’’ and ‘‘NRC Public Document Room,’’ revising existing definitions for ‘‘Electronic Hearing Docket’’ and ‘‘Public Document Room,’’ and adding new definitions for ‘‘Identification and authentication,’’ and ‘‘Portable storage media.’’ The NRC anticipates that future updates to its EFiling system will eliminate the need for participants to obtain digital ID certificates and will instead use a more modern method for electronic identification and credentialing. Therefore, these changes will revise 10 CFR part 2 to accommodate methods of electronic identification and credentialing other than the use of digital ID certificates. These changes also will clarify the requirements related to exemptions from the use of the Efiling system and specify email as an alternative filing method pursuant to an exemption. Settlement and Compromise This direct final rule removes and reserves § 2.203. Section 2.203 currently applies to settlement and compromise in enforcement proceedings; however, § 2.203 is duplicative of § 2.338(i), which governs settlement generally. This change also is consistent with the apparent intent of the Commission to delete § 2.203 in the 2004 revision to part 2 (69 FR 2182, 2225), which consolidated settlement requirements into § 2.338 and removed other references to ‘‘Chief Administrative Law Judge.’’ Improving E-Filing and Access to Documents Admissibility of Duplicates This direct final rule revises §§ 2.337(d) and 2.711(b) and (h) to use consistent terminology with Rule 1003 of the Federal Rules of Evidence, ‘‘Admissibility of Duplicates,’’ which provides that a duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. As a result, this revision would streamline the process for the admission of duplicates. In addition, this direct final rule revises these regulations to enhance consistency with the Atomic Safety and Licensing Board Panel’s practice for marking exhibits. This direct final rule makes targeted changes to §§ 2.4, 2.302, 2.304, 2.305, and 2.306 to clarify and make technology neutral the description of Applicability of Subpart L Procedures This direct final rule revises § 2.1200 to clarify the scope of Subpart L as not governing all proceedings and to IV. Discussion PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\22AUR1.SGM 22AUR1 67832 Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Rules and Regulations simplify text that was duplicative of 10 CFR 2.310. environmental assessment has been prepared for this final rule. Applicability of Subpart N Procedures XI. 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. This direct final rule revises § 2.1400 to clarify the scope of Subpart N as an opt-in set of procedures available for certain proceedings and to simplify text that was duplicative of 10 CFR 2.310. Page Limits for Petitions for Review This direct final rule revises § 2.341(b)(2) to make the page-limit requirement for petitions for review consistent with the page-limit requirement in 10 CFR 2.341(c) for briefs upon review by increasing the page limit for petitions for review from twenty-five (25) pages to (30) thirty pages. Time To Request a Stay Under § 2.1213(a) This direct final rule revises § 2.1213(a) by increasing the time to file a request for a stay of staff action under § 2.1202(a) from 5 days to 7 days. This change will make the time to file a request for a stay consistent, regardless of the day of the week staff issues a notification of license issuance pursuant to § 2.1202(a). Written Testimony in Subpart G Proceedings This direct final rule revises § 2.711(b) to reflect current Atomic Safety and Licensing Board Panel practice by requiring written testimony to be offered and admitted into evidence as an exhibit rather than requiring the written testimony to be incorporated into the transcript of record as if read, though it may still be incorporated into the transcript as if read at the discretion of the presiding officer. IX. 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 31885). ddrumheller on DSK120RN23PROD with RULES1 X. 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), which categorically excludes from environmental review rules that are corrective or of a minor, nonpolicy nature and do not substantially modify existing regulations. Therefore, neither an environmental impact statement nor VerDate Sep<11>2014 16:38 Aug 21, 2024 Jkt 262001 Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid Office of Management and Budget control number. XII. Congressional Review Act This final rule is not a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). List of Subjects in 10 CFR Part 2 Administrative practice and procedure, 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 is revised 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 § 2.4: a. Remove the definition of ‘‘Digital ID certificate’’; ■ ■ PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 b. Revise the definition of ‘‘Electronic Hearing Docket’’; ■ c. Add in alphabetical order a definition for ‘‘Identification and authentication’’; ■ d. Remove the definition of ‘‘NRC Public Document Room’’; ■ e. Add in alphabetical order a definition for ‘‘Portable storage media’’; and ■ f. Revise the definition of ‘‘Public Document Room’’. The revisions and additions read as follows: ■ § 2.4 Definitions. * * * * * Electronic Hearing Docket means the publicly available NRC information system that receives, stores, and provides online access via the NRC website to all publicly filed documents in NRC adjudications and to nonpublicly filed documents for authorized participants pursuant to a protective order and that is available for use during a hearing to the extent circumstances, including the availability of internet access, permit. * * * * * Identification and authentication means the use of the NRC’s electronic credentialing program to validate a participant’s identity. * * * * * Portable storage media means a physical piece of hardware that can be added to and removed from a computing device or network for the purpose of transferring or storing electronic files. Examples include, but are not limited to, optical storage media such as CDs and DVDs as well as nonoptical media such as solid-state drives and flash drives. * * * * * Public Document Room means the facility at the NRC at which agency public records will ordinarily be made available for inspection. * * * * * § 2.203 ■ [Removed and Reserved] 3. Remove and reserve § 2.203. § 2.302 [Amended] 4. In § 2.302: a. Amend paragraph (a) by removing the reference ‘‘(g)(1)’’ and adding in its place the reference ‘‘(h)(1) or (2)’’; ■ b. Amend paragraph (b)(1) by removing ‘‘or’’ at the end of the paragraph; ■ c. Amend paragraph (b)(2) by removing the period and adding in its place ‘‘; or’’; ■ d. Add paragraph (b)(3); ■ e. Revise paragraphs (d)(4), (f), and (g); and ■ ■ E:\FR\FM\22AUR1.SGM 22AUR1 Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Rules and Regulations f. Add paragraph (h). The additions and revisions read as follows: ■ ddrumheller on DSK120RN23PROD with RULES1 § 2.302 Filing of documents. (b) * * * * * * * * (3) Email: Hearing.Docket@nrc.gov. * * * * * (d) * * * (4) If a filing must be submitted by two or more methods, such as a filing that must be transmitted electronically as well as physically delivered or mailed on portable storage media as described in paragraph (g)(2) of this section, the filing is complete when all methods of filing have been completed. * * * * * (f) Identification and authentication. (1) The NRC provides identification and authentication services that permit participants in the proceeding to access the E-Filing system to file documents, serve other participants, and retrieve documents electronically filed in the proceeding. (2) Any participant or participant representative that does not have an identification and authentication credential must request one from the NRC before that participant or representative intends to make its first electronic filing to the E-Filing system. A participant or representative may apply for an identification and authentication credential on the NRC website at https://www.nrc.gov/sitehelp/e-submittals.html. (g) Filing method requirements. (1) Unless otherwise provided by order, all filings must be made in an electronic format (i.e., computer files) via the EFiling system in a manner that enables the NRC to receive, read, authenticate, distribute, and archive the filing, and process and retrieve it a single page at a time. Detailed guidance on electronic formats that will meet these requirements may be found on the NRC website at https://www.nrc.gov/sitehelp/e-submittals.html. (2) If a filing contains electronic portions that may not be transmitted via the E-Filing system for reasons of security or electronic format (as defined in paragraph (g)(1)), the portions not containing those sections must be transmitted electronically via the EFiling system. In addition, portable storage media containing the entire electronic filing must be physically delivered or mailed. (3) When an electronically formatted image or graphic of a physical object would not provide sufficient contextual value, the physical object may be physically delivered or mailed for inclusion in the adjudicatory record. VerDate Sep<11>2014 16:38 Aug 21, 2024 Jkt 262001 (4) In the circumstances described in paragraphs (g)(2) and (3) of this section, the submitter does not need to apply to the Commission or presiding officer for an exemption to deviate from the requirements in paragraph (g)(1) of this section. (h) Electronic filing exemptions—(1) Exemption from electronic transmission via the E-Filing system. Upon a finding of good cause, the Commission or presiding officer may grant an exemption from the electronic transmission requirements found in paragraph (g)(1) of this section to a participant who is filing electronic documents. The exempt participant is permitted to file and serve electronic documents by email or by physically delivering or mailing portable storage media containing the documents. A participant granted this exemption would still be required to meet the electronic formatting requirements in paragraph (g)(1) of this section. (2) Exemption from electronic formatting and electronic transmission requirements. Upon a finding of good cause, the Commission or presiding officer can exempt a participant from both the electronic formatting and electronic transmission requirements in paragraph (g) of this section. A participant granted such an exemption can file and serve paper documents either in person or by courier, express mail, some other expedited delivery service, or first-class mail, as ordered by the Commission or presiding officer. (3) Requesting an exemption. A filer seeking an exemption under paragraph (h)(1) or (2) of this section must submit the exemption request with its first filing in the proceeding. In the request, a filer must show good cause as to why it cannot file electronically. The filer may not change its formats or delivery methods for filing until a ruling on the exemption request is issued. Exemption requests under paragraph (h)(1) or (2) of this section sought after the first filing in the proceeding will be granted only if the requestor shows that the interests of fairness so require. ■ 5. In § 2.304, revise the first sentence in paragraph (d)(1) introductory text and revise paragraphs (d)(1)(i) and (ii) to read as follows: § 2.304 Formal requirements for documents; signatures; acceptance for filing. * * * * * (d) * * * (1) An electronic document must be signed using a participant’s or a participant representative’s identification and authentication credential.* * * PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 67833 (i) When signing an electronic document using an identification and authentication credential, the signature page for the electronic document should contain a typed signature block that includes the phrase ‘‘Signed (electronically) by’’ typed onto the signature line; the name and the capacity of the person signing; the person’s address, phone number, and email address; and the date of signature. (ii) If additional individuals need to sign an electronic document, including any affidavits that accompany the document, such individuals must sign by inserting a typed signature block in the electronic document that includes the phrase ‘‘Executed in Accord with 10 CFR 2.304(d)’’ or its equivalent typed on the signature line as well as the name and the capacity of the person signing; the person’s address, phone number, and email address; and the date of signature to the extent any of these items are different from the information provided for the credentialed signer. * * * * * ■ 6. In § 2.305: ■ a. Amend the second sentence of paragraph (c) introductory text by removing the word ‘‘Upon’’ and adding in its place the phrase ‘‘In accordance with § 2.302(g)(2) or (3) or upon’’; ■ b. Revise paragraph (c)(2); ■ c. Amend paragraph (c)(3) by removing ‘‘§ 2.302(g)(3)’’ and adding in its place ‘‘§ 2.302(h)(2)’’; ■ d. Amend paragraph (e)(2) by removing the phrase ‘‘courier, express mail, or expedited delivery service’’ and adding in its place ‘‘other service methods permitted by NRC regulations’’; ■ e. Amend paragraph (e)(4)(ii) by removing ‘‘and’’ at the end; ■ f. Amend paragraph (e)(4)(iii) by removing the period and adding ‘‘; and’’ in its place; and ■ g. Add paragraph (e)(4)(iv). The revision and addition read as follows: § 2.305 proof. Service of documents, methods, * * * * * (c) * * * (2) A participant granted an exemption under § 2.302(h)(1) will serve the presiding officer and the participants in the proceeding that filed electronically by email or by physically delivering or mailing portable storage media containing the electronic document. * * * * * (e) * * * (iv) Email: Hearing.Docket@nrc.gov. * * * * * E:\FR\FM\22AUR1.SGM 22AUR1 67834 § 2.306 Federal Register / Vol. 89, No. 163 / Thursday, August 22, 2024 / Rules and Regulations [Amended] 7. In § 2.306, amend the first sentence of paragraph (b)(3) by removing the word ‘‘optical’’ and adding in its place the word ‘‘portable’’. ■ 8. In § 2.337, revise paragraph (d) to read as follows: ■ § 2.337 Evidence at a hearing. * * * * * (d) Exhibits. Exhibits must be marked in accordance with any instructions provided by the presiding officer. Exhibits must be filed through the agency’s E-Filing system, unless the presiding officer grants an exemption permitting an alternative filing method under § 2.302(h)(1) or (2) or unless the filing falls within the scope of § 2.302(g)(2) or (3) as not being subject to electronic transmission. When an exhibit is not filed through the E-Filing system, a duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. Information that a party references through hyperlinks in an exhibit must be submitted by that party, in its entirety, either as part of the exhibit or as a separate exhibit, for that information to be included in the evidentiary record. * * * * * § 2.341 [Amended] 9. In § 2.341, amend paragraph (b)(2) introductory text by removing the phrase ‘‘twenty-five (25) pages’’ and adding in its place the phrase ‘‘thirty (30) pages’’. ■ 10. In § 2.711, revise paragraphs (b) and (h) to read as follows: ■ into the transcript of the record as if read. * * * * * (h) Exhibits. Exhibits must be marked in accordance with any instructions provided by the presiding officer. Exhibits must be filed through the agency’s E-Filing system, unless the presiding officer grants an exemption permitting an alternative filing method under § 2.302(h)(1) or (2) or unless the filing falls within the scope of § 2.302(g)(2) or (3) as not being subject to electronic transmission. When an exhibit is not filed through the E-Filing system, a duplicate is admissible to the same extent as the original unless a genuine question is raised about the original’s authenticity or the circumstances make it unfair to admit the duplicate. Information that a party references through hyperlinks in an exhibit must be submitted by that party, in its entirety, either as part of the exhibit or as a separate exhibit, for that information to be included in the evidentiary record. * * * * * ■ 11. Revise § 2.1200 to read as follows: § 2.1200 Scope of this subpart. The provisions of this subpart, together with subpart C of this part, govern all adjudicatory proceedings conducted for the grant, renewal, licensee-initiated amendment, or termination of licenses or permits subject to parts 30, 32 through 36, 39, 40, 50, 52, 54, 55, 61, 70, and 72 of this chapter, except as determined through the application of § 2.310(b) through (h). § 2.1213 [Amended] 12. In § 2.1213, amend paragraph (a) by removing the phrase ‘‘five (5) days’’ and adding in its place the phrase ‘‘seven (7) days’’. ■ § 2.711 Evidence. ddrumheller on DSK120RN23PROD with RULES1 * * * * * (b) Testimony. The parties shall submit direct testimony of witnesses in written form, unless otherwise ordered by the presiding officer on the basis of objections presented. In any proceeding in which advance written testimony is to be used, each party shall serve copies of its proposed written testimony on every other party at least fifteen (15) days in advance of the session of the hearing at which its testimony is to be presented. The presiding officer may permit the introduction of written testimony not so served, either with the consent of all parties present or after they have had a reasonable opportunity to examine it. Written testimony must be offered and admitted in evidence as an exhibit or, in the discretion of the presiding officer, may be incorporated VerDate Sep<11>2014 16:38 Aug 21, 2024 Jkt 262001 ■ 13. Revise § 2.1400 to read as follows: § 2.1400 Purpose and scope of this subpart. The purpose of this subpart is to provide simplified procedures for the expeditious resolution of disputes among parties in an informal hearing process. The provisions of this subpart, together with subpart C of this part, govern adjudicatory proceedings that the Commission, the presiding officer, or the Atomic Safety and Licensing Board designated to rule on the request/ petition determine will be conducted under this subpart in accordance with § 2.310. Dated: August 1, 2024. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 For the Nuclear Regulatory Commission. Mirela Gavrilas, Executive Director for Operations. [FR Doc. 2024–18742 Filed 8–21–24; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 1, 11, 91, 135, and 136 [Docket No.: FAA–2023–2250; Amdt. Nos. 1–76, 11–66, 91–376, 135–146, and 136–3] RIN 2120–AL37 Use of Supplemental Restraint Systems Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: This rule prohibits civil aircraft operations conducted with supplemental restraint systems (SRS) unless operators meet certain requirements for ensuring passenger and crewmember safety during all phases of the operation. The FAA expects these requirements to increase the safety of individuals on board civil aircraft operations conducted with SRS. This rule addresses recommendations from the National Transportation Safety Board and the Department of Transportation Office of Inspector General. Additionally, this rule will codify, with updates, an Emergency Order of Prohibition currently in effect addressing safety concerns regarding the use of supplemental restraints. The rule applies to all civil aircraft operations conducted with use of SRS. The rule does not apply to parachute operations, rotorcraft external-load operations, or public aircraft operations. DATES: Effective October 21, 2024. ADDRESSES: For information on where to obtain copies of rulemaking documents and other information related to this final rule, see ‘‘How to Obtain Additional Information’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Raymond Plessinger, General Aviation and Commercial Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267–1100; email Raymond.Plessinger@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 89, Number 163 (Thursday, August 22, 2024)]
[Rules and Regulations]
[Pages 67830-67834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18742]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 2

[NRC-2023-0210]
RIN 3150-AL09


Administrative Changes to Agency Rules of Practice and Procedure

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to revise the agency's rules of practice and procedure to 
improve access to documents and make e-filing rules technology neutral, 
to delete an obsolete regulation, to clarify the applicability of 
subpart L and subpart N procedures, to enhance internal consistency for 
page limit requirements, to enhance consistency with the Federal Rules 
of Evidence for ``true copies,'' and to better reflect current Atomic 
Safety and Licensing Board Panel practice regarding admission of 
evidence.

DATES: The final rule is effective November 5, 2024, unless significant 
adverse comments are received by September 23, 2024. If the direct 
final rule is withdrawn as a result of such comments, timely notice of 
the withdrawal will be published in the Federal Register. Comments 
received after this date will be considered if it is practical to do 
so, but the NRC is able to ensure consideration only for comments 
received on or before this date. Comments received on this direct final 
rule will also be considered to be comments on a companion proposed 
rule published in the Proposed Rules section of this issue of the 
Federal Register.

ADDRESSES: Please refer to Docket ID NRC-2023-0210 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0210. Address 
questions about NRC dockets to Helen Chang; telephone: 301-415-3228; 
email: [email protected]. For technical questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, at 301-415-4737, 
or by email to [email protected].
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal 
holidays.
    You can read a plain language description of this direct final rule 
at https://www.regulations.gov/docket/NRC-2023-0210. For additional 
direction on obtaining information and submitting comments, see 
``Obtaining Information and Submitting Comments'' in the SUPPLEMENTARY 
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Ethan Licon, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-1016, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Discussion
V. Plain Writing
VI. National Environmental Policy Act
VII. Paperwork Reduction Act
VIII. Congressional Review Act

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0210 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0210.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-

[[Page 67831]]

415-4737, or by email to [email protected].
     NRC's PDR: The NRC PDR, where you may examine and order 
copies of publicly available documents, is open by appointment. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2023-0210 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at 
https://www.regulations.gov as well as enter the comment submissions 
into ADAMS. The NRC does not routinely edit comment submissions to 
remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Rulemaking Procedure

    Because the NRC considers this action to be non-controversial, the 
NRC is using the ``direct final rule procedure'' for this rule. This 
amendment is effective on November 5, 2024. However, if the NRC 
receives significant adverse comments on this direct final rule by 
September 23, 2024, then the NRC will publish a document that withdraws 
this action and will address the comments received in a subsequent 
final rule or as otherwise appropriate. In general, absent significant 
modifications to the proposed revisions requiring republication, the 
NRC will not initiate a second comment period on this action.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (a) The comment causes the NRC to reevaluate (or reconsider) its 
position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC to make a change (other than 
editorial) to the rule.
    For detailed instructions on filing comments, please see the 
ADDRESSES section of this document.

III. Background

    The NRC's regulations governing the conduct of adjudicatory 
proceedings before the agency are contained in part 2 of title 10 of 
the Code of Federal Regulations (10 CFR), ``Agency Rules of Practice 
and Procedure.'' Periodically, the NRC has amended these rules, 
including adopting changes in 2004 to enhance efficiency; in 2012 to 
promote fairness, efficiency, and openness; in 2016 to reflect 
technological advances and current agency practice; and in 2020 to 
reflect Commission case law, Supreme Court precedent, and current 
agency practice. Since the last update to the agency's rules of 
practice and procedure, the NRC has identified additional provisions 
that should be updated to improve access to documents and make e-filing 
rules technology neutral, to delete an obsolete regulation, to clarify 
the applicability of Subpart L and Subpart N procedures, to enhance 
internal consistency for page limit requirements, to enhance 
consistency with the Federal Rules of Evidence for ``true copies,'' and 
to better reflect current Atomic Safety and Licensing Board Panel 
practice regarding admission of evidence.

IV. Discussion

Improving E-Filing and Access to Documents

    This direct final rule makes targeted changes to Sec. Sec.  2.4, 
2.302, 2.304, 2.305, and 2.306 to clarify and make technology neutral 
the description of the NRC's E-Filing system in 10 CFR part 2. Most 
significantly, this direct final rule eliminates references to 
``digital ID certificate'' and ``digital ID certificates'' throughout 
10 CFR part 2. The NRC is removing the definitions for ``Digital ID 
certification'' and ``NRC Public Document Room,'' revising existing 
definitions for ``Electronic Hearing Docket'' and ``Public Document 
Room,'' and adding new definitions for ``Identification and 
authentication,'' and ``Portable storage media.'' The NRC anticipates 
that future updates to its E-Filing system will eliminate the need for 
participants to obtain digital ID certificates and will instead use a 
more modern method for electronic identification and credentialing. 
Therefore, these changes will revise 10 CFR part 2 to accommodate 
methods of electronic identification and credentialing other than the 
use of digital ID certificates. These changes also will clarify the 
requirements related to exemptions from the use of the E-filing system 
and specify email as an alternative filing method pursuant to an 
exemption.

Settlement and Compromise

    This direct final rule removes and reserves Sec.  2.203. Section 
2.203 currently applies to settlement and compromise in enforcement 
proceedings; however, Sec.  2.203 is duplicative of Sec.  2.338(i), 
which governs settlement generally. This change also is consistent with 
the apparent intent of the Commission to delete Sec.  2.203 in the 2004 
revision to part 2 (69 FR 2182, 2225), which consolidated settlement 
requirements into Sec.  2.338 and removed other references to ``Chief 
Administrative Law Judge.''

Admissibility of Duplicates

    This direct final rule revises Sec. Sec.  2.337(d) and 2.711(b) and 
(h) to use consistent terminology with Rule 1003 of the Federal Rules 
of Evidence, ``Admissibility of Duplicates,'' which provides that a 
duplicate is admissible to the same extent as the original unless a 
genuine question is raised about the original's authenticity or the 
circumstances make it unfair to admit the duplicate. As a result, this 
revision would streamline the process for the admission of duplicates. 
In addition, this direct final rule revises these regulations to 
enhance consistency with the Atomic Safety and Licensing Board Panel's 
practice for marking exhibits.

Applicability of Subpart L Procedures

    This direct final rule revises Sec.  2.1200 to clarify the scope of 
Subpart L as not governing all proceedings and to

[[Page 67832]]

simplify text that was duplicative of 10 CFR 2.310.

Applicability of Subpart N Procedures

    This direct final rule revises Sec.  2.1400 to clarify the scope of 
Subpart N as an opt-in set of procedures available for certain 
proceedings and to simplify text that was duplicative of 10 CFR 2.310.

Page Limits for Petitions for Review

    This direct final rule revises Sec.  2.341(b)(2) to make the page-
limit requirement for petitions for review consistent with the page-
limit requirement in 10 CFR 2.341(c) for briefs upon review by 
increasing the page limit for petitions for review from twenty-five 
(25) pages to (30) thirty pages.

Time To Request a Stay Under Sec.  2.1213(a)

    This direct final rule revises Sec.  2.1213(a) by increasing the 
time to file a request for a stay of staff action under Sec.  2.1202(a) 
from 5 days to 7 days. This change will make the time to file a request 
for a stay consistent, regardless of the day of the week staff issues a 
notification of license issuance pursuant to Sec.  2.1202(a).

Written Testimony in Subpart G Proceedings

    This direct final rule revises Sec.  2.711(b) to reflect current 
Atomic Safety and Licensing Board Panel practice by requiring written 
testimony to be offered and admitted into evidence as an exhibit rather 
than requiring the written testimony to be incorporated into the 
transcript of record as if read, though it may still be incorporated 
into the transcript as if read at the discretion of the presiding 
officer.

IX. 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 
31885).

X. 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), which categorically excludes from 
environmental review rules that are corrective or of a minor, nonpolicy 
nature and do not substantially modify existing regulations. Therefore, 
neither an environmental impact statement nor environmental assessment 
has been prepared for this final rule.

XI. 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.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid Office of 
Management and Budget control number.

XII. Congressional Review Act

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

List of Subjects in 10 CFR Part 2

    Administrative practice and procedure, 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 is revised 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.  2.4:
0
a. Remove the definition of ``Digital ID certificate'';
0
b. Revise the definition of ``Electronic Hearing Docket'';
0
c. Add in alphabetical order a definition for ``Identification and 
authentication'';
0
d. Remove the definition of ``NRC Public Document Room'';
0
e. Add in alphabetical order a definition for ``Portable storage 
media''; and
0
f. Revise the definition of ``Public Document Room''.
    The revisions and additions read as follows:


Sec.  2.4  Definitions.

* * * * *
    Electronic Hearing Docket means the publicly available NRC 
information system that receives, stores, and provides online access 
via the NRC website to all publicly filed documents in NRC 
adjudications and to non-publicly filed documents for authorized 
participants pursuant to a protective order and that is available for 
use during a hearing to the extent circumstances, including the 
availability of internet access, permit.
* * * * *
    Identification and authentication means the use of the NRC's 
electronic credentialing program to validate a participant's identity.
* * * * *
    Portable storage media means a physical piece of hardware that can 
be added to and removed from a computing device or network for the 
purpose of transferring or storing electronic files. Examples include, 
but are not limited to, optical storage media such as CDs and DVDs as 
well as non-optical media such as solid-state drives and flash drives.
* * * * *
    Public Document Room means the facility at the NRC at which agency 
public records will ordinarily be made available for inspection.
* * * * *


Sec.  2.203  [Removed and Reserved]

0
3. Remove and reserve Sec.  2.203.


Sec.  2.302  [Amended]

0
4. In Sec.  2.302:
0
a. Amend paragraph (a) by removing the reference ``(g)(1)'' and adding 
in its place the reference ``(h)(1) or (2)'';
0
b. Amend paragraph (b)(1) by removing ``or'' at the end of the 
paragraph;
0
c. Amend paragraph (b)(2) by removing the period and adding in its 
place ``; or'';
0
d. Add paragraph (b)(3);
0
e. Revise paragraphs (d)(4), (f), and (g); and

[[Page 67833]]

0
f. Add paragraph (h).
    The additions and revisions read as follows:


Sec.  2.302  Filing of documents.

    (b) * * *
* * * * *
    (3) Email: [email protected].
* * * * *
    (d) * * *
    (4) If a filing must be submitted by two or more methods, such as a 
filing that must be transmitted electronically as well as physically 
delivered or mailed on portable storage media as described in paragraph 
(g)(2) of this section, the filing is complete when all methods of 
filing have been completed.
* * * * *
    (f) Identification and authentication. (1) The NRC provides 
identification and authentication services that permit participants in 
the proceeding to access the E-Filing system to file documents, serve 
other participants, and retrieve documents electronically filed in the 
proceeding.
    (2) Any participant or participant representative that does not 
have an identification and authentication credential must request one 
from the NRC before that participant or representative intends to make 
its first electronic filing to the E-Filing system. A participant or 
representative may apply for an identification and authentication 
credential on the NRC website at https://www.nrc.gov/site-help/e-submittals.html.
    (g) Filing method requirements. (1) Unless otherwise provided by 
order, all filings must be made in an electronic format (i.e., computer 
files) via the E-Filing system in a manner that enables the NRC to 
receive, read, authenticate, distribute, and archive the filing, and 
process and retrieve it a single page at a time. Detailed guidance on 
electronic formats that will meet these requirements may be found on 
the NRC website at https://www.nrc.gov/site-help/e-submittals.html.
    (2) If a filing contains electronic portions that may not be 
transmitted via the E-Filing system for reasons of security or 
electronic format (as defined in paragraph (g)(1)), the portions not 
containing those sections must be transmitted electronically via the E-
Filing system. In addition, portable storage media containing the 
entire electronic filing must be physically delivered or mailed.
    (3) When an electronically formatted image or graphic of a physical 
object would not provide sufficient contextual value, the physical 
object may be physically delivered or mailed for inclusion in the 
adjudicatory record.
    (4) In the circumstances described in paragraphs (g)(2) and (3) of 
this section, the submitter does not need to apply to the Commission or 
presiding officer for an exemption to deviate from the requirements in 
paragraph (g)(1) of this section.
    (h) Electronic filing exemptions--(1) Exemption from electronic 
transmission via the E-Filing system. Upon a finding of good cause, the 
Commission or presiding officer may grant an exemption from the 
electronic transmission requirements found in paragraph (g)(1) of this 
section to a participant who is filing electronic documents. The exempt 
participant is permitted to file and serve electronic documents by 
email or by physically delivering or mailing portable storage media 
containing the documents. A participant granted this exemption would 
still be required to meet the electronic formatting requirements in 
paragraph (g)(1) of this section.
    (2) Exemption from electronic formatting and electronic 
transmission requirements. Upon a finding of good cause, the Commission 
or presiding officer can exempt a participant from both the electronic 
formatting and electronic transmission requirements in paragraph (g) of 
this section. A participant granted such an exemption can file and 
serve paper documents either in person or by courier, express mail, 
some other expedited delivery service, or first-class mail, as ordered 
by the Commission or presiding officer.
    (3) Requesting an exemption. A filer seeking an exemption under 
paragraph (h)(1) or (2) of this section must submit the exemption 
request with its first filing in the proceeding. In the request, a 
filer must show good cause as to why it cannot file electronically. The 
filer may not change its formats or delivery methods for filing until a 
ruling on the exemption request is issued. Exemption requests under 
paragraph (h)(1) or (2) of this section sought after the first filing 
in the proceeding will be granted only if the requestor shows that the 
interests of fairness so require.

0
5. In Sec.  2.304, revise the first sentence in paragraph (d)(1) 
introductory text and revise paragraphs (d)(1)(i) and (ii) to read as 
follows:


Sec.  2.304  Formal requirements for documents; signatures; acceptance 
for filing.

* * * * *
    (d) * * *
    (1) An electronic document must be signed using a participant's or 
a participant representative's identification and authentication 
credential.* * *
    (i) When signing an electronic document using an identification and 
authentication credential, the signature page for the electronic 
document should contain a typed signature block that includes the 
phrase ``Signed (electronically) by'' typed onto the signature line; 
the name and the capacity of the person signing; the person's address, 
phone number, and email address; and the date of signature.
    (ii) If additional individuals need to sign an electronic document, 
including any affidavits that accompany the document, such individuals 
must sign by inserting a typed signature block in the electronic 
document that includes the phrase ``Executed in Accord with 10 CFR 
2.304(d)'' or its equivalent typed on the signature line as well as the 
name and the capacity of the person signing; the person's address, 
phone number, and email address; and the date of signature to the 
extent any of these items are different from the information provided 
for the credentialed signer.
* * * * *

0
6. In Sec.  2.305:
0
a. Amend the second sentence of paragraph (c) introductory text by 
removing the word ``Upon'' and adding in its place the phrase ``In 
accordance with Sec.  2.302(g)(2) or (3) or upon'';
0
b. Revise paragraph (c)(2);
0
c. Amend paragraph (c)(3) by removing ``Sec.  2.302(g)(3)'' and adding 
in its place ``Sec.  2.302(h)(2)'';
0
d. Amend paragraph (e)(2) by removing the phrase ``courier, express 
mail, or expedited delivery service'' and adding in its place ``other 
service methods permitted by NRC regulations'';
0
e. Amend paragraph (e)(4)(ii) by removing ``and'' at the end;
0
f. Amend paragraph (e)(4)(iii) by removing the period and adding ``; 
and'' in its place; and
0
g. Add paragraph (e)(4)(iv).
    The revision and addition read as follows:


Sec.  2.305  Service of documents, methods, proof.

* * * * *
    (c) * * *
    (2) A participant granted an exemption under Sec.  2.302(h)(1) will 
serve the presiding officer and the participants in the proceeding that 
filed electronically by email or by physically delivering or mailing 
portable storage media containing the electronic document.
* * * * *
    (e) * * *
    (iv) Email: [email protected].
* * * * *

[[Page 67834]]

Sec.  2.306  [Amended]

0
7. In Sec.  2.306, amend the first sentence of paragraph (b)(3) by 
removing the word ``optical'' and adding in its place the word 
``portable''.

0
8. In Sec.  2.337, revise paragraph (d) to read as follows:


 Sec.  2.337  Evidence at a hearing.

* * * * *
    (d) Exhibits. Exhibits must be marked in accordance with any 
instructions provided by the presiding officer. Exhibits must be filed 
through the agency's E-Filing system, unless the presiding officer 
grants an exemption permitting an alternative filing method under Sec.  
2.302(h)(1) or (2) or unless the filing falls within the scope of Sec.  
2.302(g)(2) or (3) as not being subject to electronic transmission. 
When an exhibit is not filed through the E-Filing system, a duplicate 
is admissible to the same extent as the original unless a genuine 
question is raised about the original's authenticity or the 
circumstances make it unfair to admit the duplicate. Information that a 
party references through hyperlinks in an exhibit must be submitted by 
that party, in its entirety, either as part of the exhibit or as a 
separate exhibit, for that information to be included in the 
evidentiary record.
* * * * *


Sec.  2.341  [Amended]

0
9. In Sec.  2.341, amend paragraph (b)(2) introductory text by removing 
the phrase ``twenty-five (25) pages'' and adding in its place the 
phrase ``thirty (30) pages''.

0
10. In Sec.  2.711, revise paragraphs (b) and (h) to read as follows:


Sec.  2.711  Evidence.

* * * * *
    (b) Testimony. The parties shall submit direct testimony of 
witnesses in written form, unless otherwise ordered by the presiding 
officer on the basis of objections presented. In any proceeding in 
which advance written testimony is to be used, each party shall serve 
copies of its proposed written testimony on every other party at least 
fifteen (15) days in advance of the session of the hearing at which its 
testimony is to be presented. The presiding officer may permit the 
introduction of written testimony not so served, either with the 
consent of all parties present or after they have had a reasonable 
opportunity to examine it. Written testimony must be offered and 
admitted in evidence as an exhibit or, in the discretion of the 
presiding officer, may be incorporated into the transcript of the 
record as if read.
* * * * *
    (h) Exhibits. Exhibits must be marked in accordance with any 
instructions provided by the presiding officer. Exhibits must be filed 
through the agency's E-Filing system, unless the presiding officer 
grants an exemption permitting an alternative filing method under Sec.  
2.302(h)(1) or (2) or unless the filing falls within the scope of Sec.  
2.302(g)(2) or (3) as not being subject to electronic transmission. 
When an exhibit is not filed through the E-Filing system, a duplicate 
is admissible to the same extent as the original unless a genuine 
question is raised about the original's authenticity or the 
circumstances make it unfair to admit the duplicate. Information that a 
party references through hyperlinks in an exhibit must be submitted by 
that party, in its entirety, either as part of the exhibit or as a 
separate exhibit, for that information to be included in the 
evidentiary record.
* * * * *

0
11. Revise Sec.  2.1200 to read as follows:


Sec.  2.1200  Scope of this subpart.

    The provisions of this subpart, together with subpart C of this 
part, govern all adjudicatory proceedings conducted for the grant, 
renewal, licensee-initiated amendment, or termination of licenses or 
permits subject to parts 30, 32 through 36, 39, 40, 50, 52, 54, 55, 61, 
70, and 72 of this chapter, except as determined through the 
application of Sec.  2.310(b) through (h).


Sec.  2.1213  [Amended]

0
12. In Sec.  2.1213, amend paragraph (a) by removing the phrase ``five 
(5) days'' and adding in its place the phrase ``seven (7) days''.

0
13. Revise Sec.  2.1400 to read as follows:


Sec.  2.1400  Purpose and scope of this subpart.

    The purpose of this subpart is to provide simplified procedures for 
the expeditious resolution of disputes among parties in an informal 
hearing process. The provisions of this subpart, together with subpart 
C of this part, govern adjudicatory proceedings that the Commission, 
the presiding officer, or the Atomic Safety and Licensing Board 
designated to rule on the request/petition determine will be conducted 
under this subpart in accordance with Sec.  2.310.

    Dated: August 1, 2024.

    For the Nuclear Regulatory Commission.
Mirela Gavrilas,
Executive Director for Operations.
[FR Doc. 2024-18742 Filed 8-21-24; 8:45 am]
BILLING CODE 7590-01-P


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