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The Rulemaking Petitions Process

The process of developing or modifying NRC regulations is called rulemaking. Although rulemaking is most often initiated by the NRC staff, any member of the public may also petition the NRC to develop, change, or rescind one of its regulations. NRC's regulations may be found in Chapter I of Title 10, "Energy," of the Code of Federal Regulations (CFR).

See the following for information on the petition process:

Before You Submit a Petition for Rulemaking
How to Submit a Petition for Rulemaking
How NRC Processes a Petition for Rulemaking

Before You Submit a Petition for Rulemaking

Before filing a petition for rulemaking, you may consult with the NRC by writing to--

Chief
Rulemaking, Directives and Editing Branch
Division of Administrative Services
Office of Administration
U.S. Nuclear Regulatory Commission
Washington, DC 20555-0001

or calling the Rulemaking, Directives and Editing Branch at 301-415-7163 or toll-free at 800-368-5642, extension 7163 concerning questions about NRC regulations. The NRC is permitted to--

describe the procedure and process for filing and responding to a petition for rulemaking;
clarify an existing NRC regulation and the basis for the regulation; and
assist you to clarify a potential petition so that the Commission is able to understand the nature of the issues of concern to you.

How to Submit a Petition for Rulemaking

Please submit all petitions to--

Secretary
U.S. Nuclear Regulatory Commission
Washington, DC, 20555-0001
Attn: Rulemakings and Adjudications Staff
E-mail: rulemaking.comments@nrc.gov
Fax: 301-415-1101

The petition must as a minimum--

Set forth a general solution to the problem or present the substance or text of any proposed regulation or amendment or specify the regulation that is to be revoked or amended;
State clearly and concisely your grounds for and interest in the action requested; and
Include a statement in support of the petition that sets forth the specific issues involved; your views or arguments with respect to those issues; relevant technical, scientific, or other data involved that is reasonably available to you; and any other pertinent information to support the action sought.
The detailed requirements for submitting a petition are included in the NRC's regulations at 10 CFR 2.802.

How NRC Processes a Petition for Rulemaking

Upon receiving your petition, NRC will place it on the rulemaking docket and submit a notice of receipt for publication in the Federal Register for a 75-day public comment period. The NRC staff will evaluate the petition and any comments received and may either grant or deny the petition or, in some instances, may partially grant and partially deny the petition. If a decision is made to grant the petition, the NRC will publish a proposed rule that would amend 10 CFR Chapter I to address the concern included in the petition. This action would be followed by the publication of a final rule, the supplementary information portion of which would specifically address the petition and note that it is being granted.

If a petition is denied, NRC publishes a notice of denial in the Federal Register. This notice of denial will address any public comments received and the NRC's reason for denying the petition. During the entire time your petition is being processed by the NRC, you will be kept fully informed of the status of the petition. NRC will send you copies of public comments we receive and a copy of any proposed or final rule that addresses the petition or a notice of denial.