Administrative Changes to Agency Rules of Practice and Procedure, 67830-67834 [2024-18742]
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Appendix D to Subpart B of Part 532—
Nonappropriated Fund Wage and
Survey Areas
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Definitions of Wage Areas and Wage Area
Survey Areas
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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
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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.
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[FR Doc. 2024–18740 Filed 8–21–24; 8:45 am]
BILLING CODE 6325–39–P
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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rule is withdrawn as a result of such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:
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NUCLEAR REGULATORY
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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–
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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.
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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
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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.
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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
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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).
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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
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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:
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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’’;
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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:
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§ 2.4
Definitions.
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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.
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Identification and authentication
means the use of the NRC’s electronic
credentialing program to validate a
participant’s identity.
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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.
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Public Document Room means the
facility at the NRC at which agency
public records will ordinarily be made
available for inspection.
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§ 2.203
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[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
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f. Add paragraph (h).
The additions and revisions read as
follows:
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§ 2.302
Filing of documents.
(b) * * *
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(3) Email: Hearing.Docket@nrc.gov.
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(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.
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(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.
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(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.
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(d) * * *
(1) An electronic document must be
signed using a participant’s or a
participant representative’s
identification and authentication
credential.* * *
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(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.
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■ 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,
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(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.
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(e) * * *
(iv) Email: Hearing.Docket@nrc.gov.
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[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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