---
kind: "range"
citation: "10 C.F.R. §§ 2.802–2.803"
title: "10"
from: "2.802"
to: "2.803"
count: 2
url: "https://uscodex.org/cfr/10/2.802..2.803"
---

# §2.802. Petition for rulemaking—requirements for filing.

- (a) **Filing a petition for rulemaking.** Any person may petition the Commission to issue, amend, or rescind any regulation in [10 CFR chapter](/cfr/10.md) I. The petition for rulemaking should be addressed to the Secretary, Attention: Rulemakings and Adjudications Staff, and sent by mail addressed to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; by email to Rulemaking. Comments@nrc.gov; or by hand delivery to 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern time) on Federal workdays.
- (b) **Consultation with the NRC.** A petitioner may consult with the NRC staff before and after filing a petition for rulemaking by contacting the Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Environmental, and Financial Support, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 1-800-368-5642.
  - (1) In any consultation regarding the drafting or amendment of a petition for rulemaking, the assistance that the NRC staff may provide is limited to the following:
    - (i) Describing the process for filing, docketing, tracking, closing, amending, withdrawing, and resolving a petition for rulemaking;
    - (ii) Clarifying an existing NRC regulation and the basis for the regulation; and
    - (iii) Assisting the petitioner to clarify a petition for rulemaking so that the Commission is able to understand the issues of concern to the petitioner.
  - (2) In any consultation regarding the drafting or amendment of a petition for rulemaking, in providing the assistance permitted in [paragraph (b)(1)](#b-1) of this section, the NRC staff will not draft or develop text or alternative approaches to address matters in the petition for rulemaking.
  - (3) In any consultation regarding a petition for rulemaking, the NRC staff will not advise a petitioner on whether a petition should be amended or withdrawn.
- (c) **Content of petition.**
  - (1) Each petition for rulemaking filed under this section must clearly and concisely:
    - (i) Specify the name of the petitioner, a telephone number, a mailing address, and an email address (if available) that the NRC may use to communicate with the petitioner;
    - (ii) If the petitioner is an organization, provide additional identifying information (as applicable) including the petitioner's organizational or corporate status, the petitioner's State of incorporation, the petitioner's registered agent, and the name and authority of the individual who signed the petition on behalf of the organizational or corporate petitioner.
    - (iii) Present the specific problems or issues that the petitioner believes should be addressed through rulemaking, including any specific circumstances in which the NRC's codified requirements are incorrect, incomplete, inadequate, or unnecessarily burdensome;
    - (iv) Cite, enclose, or reference publicly-available technical, scientific, or other data or information supporting the petitioner's assertion of the problems or issues;
    - (v) Present the petitioner's proposed solution to the problems or issues raised in the petition for rulemaking (e.g., a proposed solution may include specific regulations or regulatory language to add to, amend in, or delete from [10 CFR chapter I](/cfr/10/chI.md));
    - (vi) Provide an analysis, discussion, or argument that explains how the petitioner's proposed solution solves the problems or issues identified by the petitioner; and
    - (vii) Cite, enclose, or reference any other publicly-available data or information supporting the petitioner's proposed solution; and
    - (viii) If required by [10 CFR 51.68](/cfr/10/51.68.md) of this chapter, submit a separate document entitled “Petitioner's Environmental Report,” which contains the information specified in [10 CFR 51.45](/cfr/10/51.45.md).
  - (2) To assist the NRC in its evaluation of the petition for rulemaking, the petitioner should clearly and concisely:
    - (i) Explain why the proposed rulemaking solution is within the authority of the NRC to adopt; and
    - (ii) Explain why rulemaking is the most favorable approach to address the problem or issue, as opposed to other NRC actions such as licensing, issuance of an order, or referral to another Federal or State agency.
  - (3) If the petition is signed by multiple petitioners, the petition must designate a lead petitioner who is responsible for disseminating communications received from the NRC to co-petitioners.
- (d) [Reserved]
- (e) **Request for suspension of an adjudication involving licensing.** The petitioner may request the Commission to suspend all or any part of any licensing proceeding to which the petitioner is a participant pending disposition of the petition for rulemaking.
- (f) **Amendment; withdrawal.** If the petitioner wants to amend or withdraw a docketed petition for rulemaking, then the petitioner should include the docket number and the date that the original petition for rulemaking was submitted in a filing addressed to the Secretary, Attention: Rulemakings and Adjudications Staff, and sent by mail addressed to the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; or by email to Rulemaking. Comments@nrc.gov.

# §2.803. Petition for rulemaking—NRC action.

- (a) **Notification of receipt.** Following receipt of a petition for rulemaking, the NRC will acknowledge its receipt to the petitioner.
- (b) **Docketing review.**
  - (1) The NRC will evaluate the petition for rulemaking, including supporting data or information submitted under [§ 2.802(c)](/cfr/10/2.802.md?p=c), for sufficiency according to the review criteria in [§ 2.803(b)](#b).
  - (2) If the NRC determines that the petition for rulemaking does not include the information set out in [§ 2.802(c)](/cfr/10/2.802.md?p=c), that the regulatory change sought by the petitioner is not within the legal authority of the NRC, or that the petition for rulemaking does not raise a potentially valid issue that warrants further consideration, then the NRC will notify the petitioner in writing and explain the deficiencies in the petition for rulemaking.
  - (3) The petitioner may resubmit the petition for rulemaking without prejudice.
- (c) **Docketing.**
  - (1) The NRC will docket a petition for rulemaking and assign a docket number to the petition if the NRC determines the following:
    - (i) The petition for rulemaking includes the information required by paragraph [§ 2.802(c)](/cfr/10/2.802.md?p=c),
    - (ii) The regulatory change sought by the petitioner is within the NRC's legal authority, and
    - (iii) **The petition for rulemaking raises a potentially valid issue that warrants further consideration.**
  - (2) A copy of the docketed petition for rulemaking will be posted in the NRC's Agencywide Documents Access and Management System (ADAMS) and on the Federal rulemaking Web site at: http://www.regulations.gov. The NRC will publish a notice of docketing in the Federal Register informing the public that the NRC is reviewing the merits of the petition for rulemaking. The notice of docketing will include the docket number and explain how the public may track the status of the petition for rulemaking.
- (d) **NRC communication with petitioners.** If the petition is signed by multiple petitioners, any NRC obligation to inform a petitioner (as may be required under [10 CFR part 2](/cfr/10/part2.md), [subpart H](/cfr/10/subpartH.md)) is satisfied, with respect to all petitioners, when the NRC transmits the required notification to the lead petitioner.
- (e) -(f) [Reserved]
- (g) **Public comment on a petition for rulemaking; hearings.**
  - (1) At its discretion, the NRC may request public comment on a docketed petition for rulemaking.
  - (2) The NRC will post all comment submissions at http://www.regulations.gov and enter the comment submissions into ADAMS, without removing identifying or contact information from comment submissions. Anyone requesting or aggregating comments from other persons for submission to the NRC is responsible for informing those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submissions.
  - (3) No adjudicatory or legislative hearing under the procedures of [10 CFR part 2](/cfr/10/part2.md) will be held on a petition for rulemaking unless the Commission determines to do so, at its discretion.
- (h) **Determination on a petition for rulemaking; Closure of docket on a petition for rulemaking—**
  - (1) —Determination. Following docketing of a petition for rulemaking, the NRC's determination on the petition for rulemaking may be based upon, but is not limited to, the following considerations:
    - (i) The merits of the petition;
    - (ii) The immediacy of the safety, environmental, or security concern raised;
    - (iii) The availability of NRC resources and the priority of the issues raised in relation to other NRC rulemaking issues;
    - (iv) Whether the problems or issues are already under consideration by the NRC in other NRC processes;
    - (v) The substance of any public comment received, if comment is requested; and
    - (vi) **The NRC's relevant past decisions and current policies.**
  - (2) **Petition for rulemaking docket closure.** After the NRC determines the appropriate regulatory action in response to the petition for rulemaking, the NRC will administratively close the docket for the petition. The NRC will publish a notice describing that action with any related Docket Identification number (Docket ID), as applicable, in the Federal Register. The NRC may make a determination on a petition for rulemaking and administratively close the docket for the petition for rulemaking by:
    - (i) Deciding not to undertake a rulemaking to address the issue raised by the petition for rulemaking, and informing the petitioner in writing of the grounds for denial.
    - (ii) Initiating a rulemaking action (e.g., initiating a new rulemaking, addressing the petition for rulemaking in an ongoing rulemaking, addressing the petition for rulemaking in a planned rulemaking) that considers the issues raised by a petition for rulemaking, and informing the petitioner in writing of this decision and the associated Docket ID of the rulemaking action, if applicable.
- (i) **Petition for rulemaking resolution—**
  - (1) **Petition for rulemaking resolution published in the Federal Register.** The NRC will publish a Federal Register notice informing the public that it has concluded all planned regulatory action with respect to some or all of the issues presented in a petition for rulemaking. This may occur by adoption of a final rule related to the petition for rulemaking, denial by the NRC of the petition for rulemaking at any stage of the regulatory process, or the petitioner's withdrawal of the petition for rulemaking before the NRC has entered the rulemaking process. As applicable, the Federal Register notice will include a discussion of how the regulatory action addresses the issue raised by the petitioner, the NRC's grounds for denial of the petition for rulemaking, or information on the withdrawal. The notice will normally include the NRC's response to any public comment received (if comment is requested), unless the NRC has indicated that it will not be providing a formal written response to each comment received.
  - (2) **NRC decision not to proceed with rulemaking after closure of a petition for rulemaking docket.** If the NRC closes a petition for rulemaking docket under [paragraph (h)(2)(ii)](#h-2-ii) of this section but subsequently decides not to carry out the planned rulemaking to publication of a final rule, the NRC will notify the petitioner in writing of this decision and publish a notice in the Federal Register explaining the basis for its decision. The decision not to complete the rulemaking action will be documented as denial of the petition for rulemaking in the docket of the closed petition for rulemaking, in the Web sites, in the Government-wide Unified Agenda of Federal Regulatory and Deregulatory Actions, online in ADAMS, and at http://www.regulations.gov as described in [paragraph (j)](#j) of this section.
- (j) **Status of petitions for rulemaking and rulemakings.**
  - (1) The NRC provides current information on rulemakings and petitions for rulemaking in the NRC Library at http://www.nrc.gov/about-nrc/regulatory/rulemaking.html.
  - (2) The NRC includes a summary of the NRC's planned and ongoing rulemakings in the Government-wide Unified Agenda of Federal Regulatory and Deregulatory Actions (the Unified Agenda), published semiannually. This Unified Agenda is available at http://www.reginfo.gov/public/do/eAgendaMain/.
  - (3) **All docketed petitions, rulemakings, and public comments are posted online in ADAMS and at <I>http—** //www.regulations.gov.