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Changes to Adjudicatory Process [[pp. 2281-2282]]
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[Federal Register: January 14, 2004 (Volume 69, Number 9)]
[Rules and Regulations]
[Page 2281-2282]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ja04-10]
[[pp. 2281-2282]]
Changes to Adjudicatory Process
[[Continued from page 2280]]
[[Page 2281]]
2073, 2167, 2201); sec. 201, as amended, 204, 88 Stat. 1242, as
amended, 1245, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C.
5841, 5844, 2297f). Section 73.1 also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C, 10155, 10161).
Section 73.37(f) also issued under sec. 301, Pub. L. 96-295, 94
Stat. 789 (42 U.S.C. 5841 note). Section 73.57 is issued under sec.
606, Pub. L. 99-399, 100 Stat. 876 (42 U.S.C. 2169); sec. 1704, 112
Stat. 2750 (44 U.S.C. 3504 note).
0
107. In Sec. 73.21, paragraph (c)(1)(vi) is revised to read as
follows:
Sec. 73.21 Requirements for the protection of safeguards information.
* * * * *
(c) * * *
(1) * * *
(vi) An individual to whom disclosure is ordered under Sec.
2.709(f) of this chapter.
* * * * *
PART 75--SAFEGUARDS ON NUCLEAR MATERIAL--IMPLEMENTATION OF US/IAEA
AGREEMENT
0
108. The authority citation for part 75 continues to read as follows:
Authority: Secs. 53, 63, 103, 104, 122, 161, 68 Stat. 930, 932,
936, 937, 939, 948, as amended (42 U.S.C. 2073, 2093, 2133, 2134,
2152, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 75.4 also issued under secs. 135, 141, Pub. L. 97-425,
96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
0
109. In Sec. 75.12, paragraph (c) is revised to read as follows:
Sec. 75.12 Communication of information to IAEA.
* * * * *
(c) A request made under Sec. 2.390(b) of this chapter will not be
treated as a request under this section unless the application makes
specific reference to this section, nor shall a determination to
withhold information from public disclosure necessarily require a
determination that this information not be transmitted physically to
the IAEA.
* * * * *
PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS
0
110. The authority citation for part 76 continues to read as follows:
Authority: Secs. 161, 68 Stat. 948, as amended, secs. 1312,
1701, as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-
349 (42 U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204,
206, 88 Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846).
Sec 234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat.
1321, 1321-349 (42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note).
Sec. 76.7 also issued under Pub. L. 95-601. sec. 10, 92 Stat
2951 (42 U.S.C. 5851). Sec. 76.22 is also issued under sec. 193(f),
as amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat.
1321, 1321-349 (42 U.S.C. 2243(f)). Sec. 76.35(j) also issued under
sec. 122, 68 Stat. 939 (42 U.S.C. 2152) STET.
0
111. In Sec. 76.41, paragraph (b) is revised to read as follows:
Sec. 76.41 Record underlying decisions.
* * * * *
(b) All public comments and correspondence in any proceeding
regarding an application for a certificate must be made a part of the
public docket of the proceeding, except as provided under 10 CFR 2.390.
0
112. In Sec. 76.70, paragraph (c)(2)(v) is revised to read as follows:
Sec. 76.70 Post-issuance.
* * * * *
(c) * * *
(2) * * *
(v) Provide that the Commission may make a final decision after
consideration of the written submissions or may in its discretion adopt
by order, upon the Commission's own initiative or at the request of the
Corporation or an interested person, further procedures for a hearing
of the issues before making a final enforcement decision. These
procedures may include requirements for further participation in the
proceeding, such as the requirements for intervention under Part 2,
subparts C, G or L of this chapter. Submission of written comments by
interested persons do not constitute entitlement to further
participation in the proceeding. Further procedures will not normally
be provided for at the request of an interested person unless the
person is adversely affected by the order.
* * * * *
0
113. In Sec. 76.72, paragraphs (a), (b), (c), and (d) are revised to
read as follows:
Sec. 76.72 Miscellaneous procedural matters.
(a) The filing of any petitions for review or any responses to
these petitions are governed by the procedural requirements set forth
in 10 CFR 2.302(a) and (c), 2.304, 2.305, 2.306, and 2.307. Additional
guidance regarding the filing and service of petitions for review of
the Director's decision and responses to these petitions may be
provided in the Director's decision or by order of the Commission.
(b) The Secretary of the Commission has the authority to rule on
procedural matters set forth in 10 CFR 2.346.
(c) There are no restrictions on ex parte communications or on the
ability of the NRC staff and the Commission to communicate with one
another at any stage of the regulatory process, with the exception that
the rules on ex parte communications and separation of functions set
forth in 10 CFR 2.347 and 2.348 apply to proceedings under 10 CFR Part
2 for imposition of a civil penalty.
(d) The procedures set forth in 10 CFR 2.205, and in 10 CFR part 2,
subparts C, G, L and N will be applied in connection with NRC action to
impose a civil penalty pursuant to Section 234 of the Atomic Energy Act
of 1954, as amended, or Section 206 of the Energy Reorganization Act of
1974 and the implementing regulations in 10 CFR part 21 (Reporting of
Defects and Noncompliance), as authorized by section 1312(e) of the
Atomic Energy Act of 1954, as amended.
* * * * *
PART 110--EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
0
114. The authority citation for part 110 continues to read as follows:
Authority: Secs. 51, 53, 54, 57, 63, 64, 65, 81, 82, 103, 104,
109, 111, 126, 127, 128, 129, 161, 181, 182, 183, 187, 189, 68 Stat.
929, 930, 931, 932, 933, 936, 937, 948, 953, 954, 955, 956, as
amended (42 U.S.C. 2071, 2073, 2074, 2077, 2092-2095, 2111, 2112,
2133, 2134, 2139, 2139a, 2141, 2154-2158, 2201, 2231-2233, 2237,
2239); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); sec 5,
Pub. L. 101-575, 104 Stat 2835 (42 U.S.C.2243); sec. 1704, 112 Stat.
2750 (44 U.S.C. 3504 note).
Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L.
96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and
57d., 88 Stat. 473, 475 (42 U.S.C. 2074). Section 110.27 also issued
under sec. 309(a), Pub. L. 99-440. Section 110.50(b)(3) also issued
under sec. 123, 92 Stat. 142 (42 U.S.C. 2153). Section 110.51 also
issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234).
Section 110.52 also issued under sec. 186, 68 Stat. 955 (42 U.S.C.
2236). Sections 110.80-110.113 also issued under 5 U.S.C. 552, 554.
Sections 110.130-110.135 also issued under 5 U.S.C. 553. Sections
110.2 and 110.42 (a)(9) also issued under sec. 903, Pub. L. 102-496
(42 U.S.C. 2151 et seq.).
0
115. In Sec. 110.73, paragraph (b) is revised to read as follows:
Sec. 110.73 Availability of NRC records.
* * * * *
(b) Proprietary information provided under this part may be
protected under Part 9 and Sec. 2.390(b), (c), and (d) of this
chapter.
Dated at Rockville, Maryland, this 24th day of December 2003.
[[Page 2282]]
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 04-34 Filed 1-13-04; 8:45 am]
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