|
|
Home > About NRC
> How We Regulate > Rulemaking
> The Rulemaking Process
The Rulemaking Process
The process of developing regulations is called rulemaking. The NRC's
technical staff usually initiates a proposed rule or a change to a rule
because they see a need to do so to protect the public health and safety.
However, any member of the public may petition
the NRC to develop, change, or rescind a rule.
The rulemaking process has several steps:
- Proposed Rules
NRC regulations (rules) provide licensees with requirements that, if
met, will result in adequate protection of workers, the public, and
the environment. The impetus for a proposed rule could be a requirement
issued by the Commission, a petition for rulemaking submitted by a member
of the public, or research results that indicate a need for a rule change.
The proposed rule is published in the Federal
Register 
and usually contains (1) the background information about the proposed
rule, (2) an address for submitting comments, (3) the date by which
comments should be received in order to ensure consideration by the
staff, (4) an explanation indicating why the rule change is thought
to be needed, and (5) the proposed text to be changed. Usually, the
public is given 75 to 90 days to provide written comments.
Not all rules are issued for public comment. Generally, those excepted
from public comment deal with agency organization, procedure, or practice;
are interpretations; or are rules for which delaying their publication
to receive comments would be contrary to public interest and impracticable.
(See Section 553, "Rulemaking" of the Administrative
Procedures Act  .)
- Final Rules
Once the public comment period has closed, the staff analyzes the comments,
makes any needed changes, and forwards the Final Rule
for approval, signature, and publication in the Federal Register.
Each final rule that involves significant matters of policy is sent
to the NRC Commissioners for approval. Once approved, the final rule
is published in the Federal Register and usually becomes effective
30 days later.
- Advanced Notice of Proposed Rulemakings
For especially important or controversial rules, the staff may publish
an Advanced Notice of Proposed Rulemaking (ANPR) or conduct one
or more public meetings. The ANPR solicits comment well in advance of
the proposed rulemaking stage. The need for some action is described,
but only broad concepts are discussed for a proposed action.
|
