ML19270H170
| ML19270H170 | |
| Person / Time | |
|---|---|
| Issue date: | 04/12/1979 |
| From: | Kelley J NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | |
| References | |
| SECY-78-120A, NUDOCS 7906230103 | |
| Download: ML19270H170 (5) | |
Text
0A WASHINGTON D. C. 20555 INFORMATION REPORT To:
The Commissioners From:
James L. Kelley, Acting General Counsel
Subject:
Response to Administrative Conference Recommendation 77-3:
Ex Parte Communica-tions in Informal Rulemaking Proceedings Discussion:
In SECY 78-120 we recommended that the Ccmmission accept the Administrative Conference Recommendation 77-3 and experi-ment with procedures for promptly disclosing significant information communicated orally to the agency in the course of informal rulemaking proceedings.
In response,
Commissioner Kennedy requested a Commissicn meeting and a survey of the responses of other agencies to the Administrative Con-ference recommendation.
Chairman Hendrie and Commis:1oner Gilinsky have also requested a Commission briefing.
We have reviewed the responses of other agencies and virtually all accept the recom-mendation.
The one notable exception is the Internal Revenue Service which stated that it receives many telephone calls and that writing summaries would constitute a tremendous administrative burden outweighing any benefits.
With minor deviations, every agency places all written communications received pertaining to an informal rulemaking in its Public Document Room.
Most agencies
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are in the process of instituting procedures where significant oral communications received relating to informal rulemaking proceedings will be summarized and made CONTACT:
Trip Rothschild 634-1465 2247 356 Steve Ostrach e
254-8017 7 9 0 6 23 0 /c;][
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2 p ublic.
A summary of the responses from specific agencies on the oral communica-tion issue are as follows:
Department of Agric'ulture There is currently no uniform practice among its component agencies.
Some agencies refuse to discuss proposed rules orally and insist the caller place the communica-tion in writing.
Other agencies wi.11 accept oral communications.
Although presently there is no requirement that oral communica-tions be summarized and made public, the Office of General Counsel is preparing a memorandum requesting that on an experi-mental basis all employees summarize significant communications and place them in the Public Document Room (PDR).
Commodity Futures Trading Commission There presently is no uniform practice.
Their Office of General Counsel is preparing a memorandum askin5 " senior personnel" to summarize significant oral comments and place them in the PDR.
Securities and Exchange Commission On an experimental basis, the Commissioners and their immediate staff will "try" to summarize oral communications and make them public.
Federal Reserve Board The Federal Reserve Board will place summaries of oral communications in its PDR.
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s Department of Defense
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The Defense Department has few rulemakings, but states that it will revise its regula-tions to incorporate the Administrative Conference Recommendations.
Further details were not supplied.
Consumers Product Safety Commission The CPSC places summaries of significant
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oral communications in its PDR.
Postmaster General Oral communications will be summarized and placed in its PDR.
Department of the Treasury Compliance with the Administrative Conference Recommendation will harm the Internal Revenue Service.
It does not intend to experiment with logging oral communications.
Civil Service Commission CSC did not commit itself but stated that it will publish regulations in-this area and that it will be " guided by Recommenda-tion 77-3."
United States International Trade Commission It is in the process of drafting rules which will incorporate Recommendation 77-3 2247 358 L
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Federal Home Loan Bank Board It has not previously logged oral communi-cations but it is willing to experiment in this area.
Civil Aeron~autics Board Its regulations already require that summaries of oral communications be kept and placed in its PDR.
Decartment of Transportation Since 1970 it has required its employees to summarize significant oral communications and place them in its PDR.
It believes that all agencies should be required by law to follow this practice.
Veteran's Administratior.
It will implement Recommendation 77-3 "to the extent feasible".
Interstate Commerce Commission It presently does not require logging of oral communications but will "try" to implement Recommendation 77-3.
Small Business Administration It has not made a final decision on whether to experiment but its general inclination is not to follow Recommendation 77-3.
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5 Environmental Protection Acency Its regulations already require that written
- ummaries of oral communications be placed in its PDR.
Department of State It accepts recommendation 77-3 but has not worked out implementation details.
Jame 'L.#)$11ey Acti General Counsel cc:
OPE SECY (2)
DISTRIBUTION:
Commissioners Commission Staff Offices 2247 360 Exec. Dir. for Operations Secretariat US '...
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