ML20034G533

Forwards Documents Comprising Regulatory History of Final Rule 10CFR0, Conduct of Employees Published at 58FR3825. Encl Available in Central Files

ML20034G533
Person / Time
Issue date:	02/24/1993
From:	Lessler L NRC OFFICE OF THE GENERAL COUNSEL (OGC)
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19339K103	List: ML20034G533
References
FRN-58FR3825, RULE-PR, RULE-PR-0 AE47-2-001, AE47-2-1, NUDOCS 9303100039
Download: ML20034G533 (3)

Text

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UNITED STATES y

g NUCLEAR REGULATORY COMMIM;lON t;,

a f WASHINGTON, D. C. 20555 a

f AE47-2 001

.l February 24, 1993 MEMORANDUM FOR:

NUDOCS i

Document Control Desk l

P1 White Flint j

d LindaLesslerbneralCounsel FROM:

0 Office of the

SUBJECT:

DOCUMENTS COMPRISING REGULATORY HISTORY FOR l

FINAL RULE ENTITLED " CONDUCT OF EMPLOYEES; CONFORMING AMENDMENTS" (10 CFR PART 0)

The enclosed documents comprise the regulatory history of a final rule published at 87 FR 3825.

Also enclosed is a copy of the index of documents for the final rule which has been sent to l

Michael Lesar in the Rules Review and Directives Branch.

The designator "AE47-2" has been placed in the upper right-hand corner of each document, as well as "PDR" for each document that can be made available to the public, or "CF" for each document that should be placed in Central Files only.

If there are any questions about these documents, please feel free to contact me on 504-1612.

Thank you for your assistance.

Enclosures:

As stated l

1 l

l 9303100039 930224 PDR PR i

O B7FR3825 PDR

gn74 M

g 3825 Rules and Regulations r+a i-s Vol. 58, No. 7 4

Tuesday, January 12. 1993 Thrs secten of the FEDERAL REGISTER has retained those provisions which List of Subjects in to CFR Part 0 comains repatory occu nents hanng poneral will likely be subjects of supplemental Conflict ofinterest* Criminal 7naltI' apphcatahry and le;al eMeet, enost of which regulations or relate to proceduralissues are 6 eyed to and codMed in the Code of to be addressed in forthcoming internal For de masorts set ut in the Federaf Regula! sons, m%sch as pubbshed unds' NRC Mana ment Directives.

Preamble and under the authority of the 50 txes pursuant to a4 U S C.1514 Because the NRCis required to delete Atomic Energy Act of 1954, as amended, Tro Cose of resorar nepasons is sced t'y superseded provisions of 10 CFR part 0 and 5 U.S.C. 552 and 553, the NRC is the Supenntendent of Documents. Pnces og with no discation in the matter, the adopting the fo!!owing amendments to r'e* trxAs are Fs1ed in tie tbrst FEDERAL NRC finds, pursuant to 5 U.S.C 10 CFR part O.

REG' STER essue of each week.

553(b)(B), that there is Eood cause not to seek public comment on this rule, as PART 0--CONDUCT OF EMPLOYEES such comment is unnecessary. The rule 1.The authority citation for part 0 NUCt EAR REGULATORY will become effective on Teibruary 3 continues to read as follows:

COMMISSION 1993, the date the OCE regulations tale I

effect. The NRC also finds that good Authorir7: Sees. 25.161. sa Stat. 925,94 s, 10 CFR Part 0 as amended (42 U.S C 2035,2201h sec. 201 cause exists to waive the 30-day se Stat.1242, as amended (42 U S C 584th RIN 3150-AE 47 deferTed effective date provisions of the E.O.11222,30 FR 6469,3 CFR 1964-1965 Administrative Procedure Act (5 U S.C CDMP., p. 306,5 C7R 735.104.

Conduct of Employees; Conforming 553(d)(3)). Ddaying the effective date of Sections 0.735-21 and 0.735-29 also Amendments this rule would be contrary 1o the public issued under 5 U.S C 552,553. Section actNcY: Nuclear Regulatary interest because it would bc confusing 0.735-26 also issued under secs. 501,502, for reEu!ations which have been Pubhc Law 95-521,92 Stat.1864,1867, as Commission.

n amended by sees.1. 2, Public Law 96-28. 93 suberseded to remain in effect beyond actiom Final rule.

m 6, 7 07) fe ruary 3,1993.

SUMMARY

The Nuclest Regulatory Environmental 1 opact: Categorical H 0.n5-t-0.n5-2 gnemoved)

Commission ("NRC" or " Commission") Exdusion

2. Sections 0.735-1 and 0.735-2 are i

is amending its regulations Eoverning The NRC bas determined that this

].

the tenduct of NRC employees. This Enst rule is the type of action desenbed ion 0.735-3 is nvised to read amendment removes provisions which in categorical exclusion 10 CFR g3 fojgow,'.

l have been superseded by recently 51.22(c)(1). Thenfore, neither an 5 0.n5-3 Responsibilities and authortties.

issued Office of Gosernment Ethics environmental assessment not an The Generel Counsch (alls the IOGEl regulations, which take effed on environmentalimpact statement has Designated Agency Ethics Official for February 3.1993.

been prepared for the final regulation.

NRC.

ErricTtvt DATE: February 3.1993.

Paperwork Reduction Act Statement (b) Serves egyRC's designee to the rora ruRTwim MoRhtAncw cowTAct:

Office of er:t Ethics on matters L Michael Rafky, Office of the General This final rule contains no covemd b^r

' rt.

Counsel, U.S. Nudeer Regulatory information collection requirements and (c)Ds ates deputy counselors.

Commission. Washingto... Y 20555, therefore is not subject to the (d) Coordinates counseling services, telephone. 301-504-1606.

No;rements of the Paperwork and assures that counseling and Reduction Act of1980 (44 U.S C 3501 gt g,q )-

interpretations on questions of conflicts SUPPLEWENTARY WORMADCW:

Background

ofinterest and other matters covered by Regulatory Analysis the part are aveilable to deputy On August 7.1992 f57 FR 35006), the The Nuclear ReEulatory Commission C " "8^ "'*'

Office of Government Ethics published is eliminating regulations that have been H 0.nH-4.n5 4 IRemoved) sts final rule estab!1shing government-superseded by the Office of Government wide standards of conduct for executive Ethics' government wide standards of

4. Sections 0.735-4 through 0.735-6 branch employees.These regulations, conduct regulations. This rule has no are removed.

which are codified at 5 CFR part 2635, significant impact on health, safety or

., rojgows.

5. Section 0.735-4 is revised to read 1ske eficct on February 3,1993,and will the environment. There is no substantial supplant Nuc. leer Regulatory cost Io licensees, the NRC or other 5 0.n5-4 hformation coneetion Commission $tsndards of conduct Federal agencies.

'esuirements: Cus approvst.

regulations. Secion 2635.105 of that f.nal rule permits individual agencies to Back.fil Analysis This part contains no information collection requirements and therefore is issue jointly with OGE supplemental The NRC has determined that the not subject to the requirements of the regulations to address particular agency backfit rule.10 CFR 50.109, does not Paperwork Reduction Act of 1980 (44 needs.

epply to this Enal rule and that a beck. fit U.S.C 3501 et seq ).

The purpose of this rule is to abrogate analysis is not required for this final those portions of the NRC's standard of rule, because these supplemental 5 0.n540 (Removed) mnduct regulations, codiSed at 10 CFR rPEulations do not involve soy

6. Section 0.735-20 is removed.

Part D. which will be superseded by the provisians which would impose beckSts

7. In 5 0.735-21 paragraph (d) is sovernment. wide regulations. The NRC as defined in 10 CFR 50109(e)(3 revised to read as Iollows:

.=.

3820 Federal Register / Vol. 58, No. 7 / Tuesday. January 12, 1993 / Rules and R7gulations s

i D.735-21 Acta effecting a persanal of furnishing sci 2ntific of technol ical Cubpert E eld.N.73545F I

imancist internt (bened c n is u.sn toe.

information if the following precNures!"*mond) are observed:

15. Part 0 is amended by removing (d) Specialenmption for special (1) The former employee proposing to subpan E (55 0.735-50-0.735-55).

l Government employees. Federal make the communication solely for the Dated at Rockvtlle, Maryland this 28th day -

Personnel Manual Chapter 735, purpose of furnishing scientific or of December.1P92.

Appendix C provides that a special technological information receives prior For the Nuclear Regulatory Commission.

Government employee should in general written autimrization from the kmes R Taylor, I

be disqualified from panicipating as Executive Director for~ Operations.The wy, py,c,,,jo, op,mejon,.

such in a matter of any type the individual shall provide to the

"'3#3 I

outcome of which will have a direct and Executive Director for Operations a predictable effect upon the financial written statement that indicates he or interests covered by 18 U.S.C. 208.

she is a former employee subject to post-However, that chapter states that the employment restrictions under this DEPARTMENT OF TRANSPORTATION power of exemption may be exercised in section, that briefly summarizes the this situation"sf the special content of the kreposed communication.

Mee of CommercialSpace Gos ernment employee renders advice of that describes is or her involvement,if Transponsuon t

a general nature from which no any, as an NRC employee on the matter preference or advantage over others to be discussed, and that cenifies the 14 CFR Parts 413,415 might be Eained by any panicular communication he or she desirss to person or organiution "It is the pobcy make is solely for the purpose of RIN 2105-AB96 of the Nutlear Regulatory Commission furnishing scientific or technological in conformity with the foregomg. to information; and Commercial Space Transportation; i

Removalof User Fees esercise the power of esemption (2) The Executive Director for pursuant to 1B U.S C. 20 Bib)in such Operations before deciding whether to AGEwev: Of! Ice of Commercial Space situations The authority to Frant such authorire the communication shall Transponation. DOT.

an esemption is delegated to the NRC consult with the counselor or deputy Acum Final rule.

official respcnsible for appointment or counselor. The primary factor to be l

designstion of the particular consultant c nsidertd by the Executive Director for

SUMMARY

Pursuant to the National or adsiso, e Secti$n 0 735-23 is revised to read Operations is whether receipt of the Aeronautics and Space Administration l

scentific or technologicalinformation Authorization Act. Fiscal Year 1993, the es follow s.

would funher the egency's mission.

Department of Transportation (the t

50.735-23 Actwit;e of emeers and (b)If the Commission.in consultation Depanment)is removing from the i

e nptores in claims against and otner with the Director of the Office of Commercial Space Transponation l

restters an.cting the Ge ernment (based on & ernment Ethics.mdes a Licensing Regulations the requirement u

2m cenification published in the Federal for the payment of user fees by license r

ia)(1) Ncthing in IB U.S C. 205 Register that the former employee has applicants and licensees.

ErricTivt DATE:This rule becomes l

presents a speaal Gosernment outstandmg $ualifications in a effective January 12.1993.

scientific, tec nological, or other oaIo in the technical discipline, and is actmg with ron rUR7HER isteonwarioN contact:

er e c e peformance of work under a grant by, respect to a panicular matter which Elaine Orfanos David,0ffice of the or a contract with or for the benefit c'f.

requires such qualifications, and that Assistant General Counsel for the United States if the Executive the national interest would be served by Reguletion and Enforcement. U.S Daetter for O eratiens cenifies in the paniopation of the former officer or Department of Transponation,400 P

emp! yee The Commission under this Seventh St.eet, SW., Washington, DC i$es5 c if cat nsa b-pmisi n msy authorize 20590.(202) 366-9305.

suhrnitted for pubhcation in the Federal

' * *"U*'8

$UPPLEWENTARY INToRMarloN:

I Register.

transmission et scentific or

12) The speaa! Gos err. ment emplovce shall :mmedefelv nouft the NRC w h'en technological information.

Background

so designated to act as igent or stictney 5 g o.735-27--0.735-28a (Removed)

The Depanment of Transponation (the Depanmentiis authorized to b has praate emplorer.

11. Sections 0.735-27 through 0.735-license and regulate commercial space 55 0.735 C.735-25 (Removed) 284 are removed.

launch activities pursuant to the 9 Sections 0.735-24 and 0.735-25 are Subpan C(f 0.735-30)-lRemoved)

Commercial Space Launch Act of1984 removed as amended (CSLA) (49 U.S C. app.

10 Section 0.735-26 is revised to read

12. Part 0 is amended by removing 2601-2623).The Secretary's as follows-subpart C ($ 0 735-30).

responsibilities under the CSLA are p mm by the Npanments he 60.735-26 Disquel!!ication of former 50.735.40 (A, mended) of Commencal Space Transponation omeera and emptoyees in manors

13. Section 0.735-40 is amended by (OCST).

conneelec anh1ormer dutiee or emelet enponsidiinies; d>sovatif cmon of partnera removing paragraphs (e). (g) and (h), and OCST's appropriations for fiscal year of current omcers and employees (oned redesignatmg paragraph (f) as paragraph 1991 reflected Congressional sentirnent on is U.st 2D7A (e).

that "a viable user fee structure should be established" for its reFulatory The prohibitions of 18 U.S C. 207 65 0.735-41--c.735-49s [ Removed) activities, and the Department of sh3!! not apply-(a) With respect to the making of

14. Sections 0.735-41 through 0.735-Transportation and Related Agencies communications solely for the purpose 49a are removed.

Appropriations Act (DOT

, m