§ 52.51 Administrative review of applications.
(a) A standard design certification is
a rule that will be issued in accordance
with the provisions of subpart H of 10
CFR part 2, as supplemented by the
provisions of this section. The
Commission shall initiate the
rulemaking after an application has
been filed under § 52.45 and shall
specify the procedures to be used for the
rulemaking. The notice of proposed
rulemaking published in the Federal
Register must provide an opportunity
for the submission of comments on the
proposed design certification rule. If, at
the time a proposed design certification
rule is published in the Federal Register under this paragraph (a), the
Commission decides that a legislative
hearing should be held, the information
required by 10 CFR 2.1502(c) must be
included in the Federal Register document for the proposed design
certification.
(b) Following the submission of
comments on the proposed design
certification rule, the Commission may,
at its discretion, hold a legislative
hearing under the procedures in subpart
O of part 2 of this chapter. The
Commission shall publish a document
in the Federal Register of its decision to
hold a legislative hearing. The
document shall contain the information
specified in paragraph (c) of this
section, and specify whether the
Commission or a presiding officer will
conduct the legislative hearing.
(c) Notwithstanding anything in 10 CFR 2.390 to the contrary, proprietary information will be protected in the same manner and to the same extent as proprietary information submitted in connection with applications for licenses, provided that the design certification shall be published in Chapter I of this title.
[69 FR 2277, Jan. 14, 2004; 72 FR 49528, Aug. 28, 2007]