Rulemaking

10 C.F.R. Part ..., Subpart K
in effectEffective: 2024-07-01

10 C.F.R. § 110.130 Initiation of rulemaking.

The Commission may initiate action to amend the regulations in this part on its own initiative or in response to a petition.

10 C.F.R. § 110.131 Petition for rulemaking.

(a) A petition for rulemaking should be addressed to the Secretary of the Commission, for the attention of the Secretary's Rulemakings and Adjudications Staff. The petition should be sent using an appropriate method listed in § 110.4. (b) The petition shall state the basis for the requested amendment. (c) The petition may request the Commission to suspend all or part of any licensing proceeding under this part pending disposition of the petition. (d) The Secretary will assign a docket number to the petition, place a copy in the Public Document Room and notice its receipt in the Federal Register. (e) Publication may be limited by order of the Commission to the extent required by section 181 of the Atomic Energy Act.

10 C.F.R. § 110.132 Commission action on a petition.

(a) The Commission may grant or deny the petition in whole or in part. (b) If the petition is granted, a notice of proposed rulemaking or a notice of rulemaking will be published in the Federal Register. (c) If the petition is denied, the petitioner will be informed of the grounds. (d) Commission action on a petition will normally follow, whenever appropriate, receipt and evaluation of Executive Branch views. (e) The Commission, in exercising the discretion authorized by section 4(a)(1) of the Administrative Procedure Act (5 U.S.C. 553(a)(1)), will decide what, if any, public rulemaking procedures will be followed.

10 C.F.R. § 110.133 Notice of proposed rulemaking.

(a) When the Commission proposes to amend the regulations in this part, it will normally publish a notice of proposed rulemaking in the Federal Register. (b) A notice of proposed rulemaking will include: (1) The authority for the proposed rule; (2) The substance and purpose of the proposed rule; (3) Directions for public participation; (4) The time and place of any public hearing; and (5) If a hearing is to be held by other than the Commission, designating of a presiding officer and instructions for the conduct of the hearing. (c) A notice of proposed rulemaking will be published not less than 15 days before any hearing, unless the Commission for good cause provides otherwise in the notice.

10 C.F.R. § 110.134 Public participation.

(a) The Commission may hold an oral hearing on a proposed rule or permit any person to participate in a rulemaking proceeding through the submission of written comments. (b) When it is in the public interest and is authorized by law, public rule-making procedures may be omitted and a notice of rulemaking published pursuant to § 110.135.

10 C.F.R. § 110.135 Notice of rulemaking.

(a) Upon approval of an amendment, the Commission will publish in the Federal Register a notice of rule-making which includes a statement of its basis and purpose, effective date and, where appropriate, any significant variations from the amendment as proposed in any notice of proposed rulemaking. (b) The effective date of an amendment will normally be no earlier than 30 days after publication of the notice of rulemaking, unless the Commission for good cause provides otherwise in the notice.

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