82 FR 41297 - Preparation of Petitions for Rulemaking and Preparation and Submission of Proposals for Regulatory Guidance Documents

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 167 (August 30, 2017)

The U.S. Nuclear Regulatory Commission (NRC) is withdrawing Regulatory Guide (RG) 10.12, ``Preparation of Petitions for Rulemaking under 10 CFR 2.802 and Preparation and Submission of Proposals for Regulatory Guidance Documents.'' Regulatory Guide 10.12 is being withdrawn because the guidance in the RG is found in the revised 10 CFR 2.802, ``Petition for Rulemaking,'' and in other user-friendly communication tools, such as the NRC's public Web site.

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Notices]
[Page 41297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18429]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0186]


Preparation of Petitions for Rulemaking and Preparation and 
Submission of Proposals for Regulatory Guidance Documents

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; withdrawal.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing 
Regulatory Guide (RG) 10.12, ``Preparation of Petitions for Rulemaking 
under 10 CFR 2.802 and Preparation and Submission of Proposals for 
Regulatory Guidance Documents.'' Regulatory Guide 10.12 is being 
withdrawn because the guidance in the RG is found in the revised 10 CFR 
2.802, ``Petition for Rulemaking,'' and in other user-friendly 
communication tools, such as the NRC's public Web site.

ADDRESSES: Please refer to Docket ID NRC-2017-0186 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0186. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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 http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then 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, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. The basis for the withdrawal of this guide is in ADAMS under 
Accession No. ML17236A456.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Harriet Karagiannis, Office of Nuclear 
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-251-7477, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is withdrawing RG 10.12 because it is no longer the most 
appropriate platform for communicating this guidance to the public. The 
proposed rule combined with the updates in the NRC's public Web site 
provide more useful information for the Petition for Rulemaking (PRM) 
process.

II. Further Information

    The withdrawal of RG 10.12 does not alter any prior or existing 
licensing commitments based on its use. Although a regulatory guide is 
withdrawn, its use in existing licenses is still valid, and changes to 
the licenses can be accomplished using other regulatory products.
    Withdrawal of a RG means that the guide no longer provides useful 
information or has been superseded by other guidance, technological 
innovations, congressional actions, or other events. A withdrawn guide 
should not be used for future NRC licensing activities.
    The RG 10.12 was issued in December 1996. The RG 10.12 provides 
guidance on meeting the requirements in part 2 of title 10 of the Code 
of Federal Regulations (10 CFR), ``Agency Rules of Practice and 
Procedures,'' section 2.802 ``Petition for Rulemaking,'' which pertains 
to the process for preparing a petition. As a result of the revised 10 
CFR 2.802 rulemaking the guidance that exists in RG 10.12 has been 
superseded.
    The staff has revised 10 CFR 2.802 to streamline the process for 
addressing a PRM. The rule: (1) Clarifies and codifies the NRC's 
current policies and practices on the actions taken upon receipt of a 
PRM and at other stages of the PRM process; (2) clarifies and improves 
the current policies and practices for evaluating PRMs; (3) updates the 
means for communicating with the petitioner and the public information 
on the status of NRC PRMs and rulemaking activities addressing PRMs; 
and (4) establishes an improved process for resolving PRMs, including 
an administrative process for closing the PRM docket to reflect agency 
action for the PRM. These changes are enhancing the consistency, 
timeliness, and transparency of the NRC's actions and are increasing 
the efficient use of the NRC's resources in the PRM process. The rule 
text supersedes the guidance that exists in RG 10.12.
    In addition, information in RG 10.12 is made available through 
other user-friendly tools, such as the NRC's public Web site which is 
enhanced to provide updated guidance, including a brochure and a 
process flow chart, for submitting a PRM and proposals to change 
existing regulatory guidance documents.
    The revised 10 CFR 2.802 combined with Web site updates provide 
more up-to-date information for the PRM process. Therefore, the 
guidance provided in this RG has been superseded.

    Dated at Rockville, Maryland, this 24th day of August, 2017.

    For the Nuclear Regulatory Commission.
Edward M. O'Donnell,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2017-18429 Filed 8-29-17; 8:45 am]
 BILLING CODE 7590-01-P