ML20036C522
| ML20036C522 | |
| Person / Time | |
|---|---|
| Issue date: | 06/08/1993 |
| From: | Lessler L NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19342B852 | List: |
| References | |
| FRN-58FR29951, RULE-PR, RULE-PR-0 AE65-2-001, AE65-2-1, NUDOCS 9306210367 | |
| Download: ML20036C522 (4) | |
Text
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,E NUCLEAR REGULATORY COMMISSION n
UNITED STATES
'3-8 WASHINGTON D.C. 20555
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AE65-2 j
June 8, 1993 l
MEMORANDUM FOR:
NUDOCS Document Control Desk P1 White Flint FROM:
Linda Lessler Office of the General Counse1~
SUBJECT:
DOCUMENTS COMPRISING REGULATORY HISTORY FOR FINAL RULE ENTITLED " REPEAL OF NRC STANDARDS OF CONDUCT REGULATIONS (10 CFR PART 0)
The enclosed documents comprise the regulatory history of a final rule published at 58 FR 29951.
Also enclosed is a copy of the index of documents for the final rule which has been sent to Michael Lesar in the Rules Review and Directives Branch.
The designator "AE65-2" 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 9306210367 930608 A'
PDR PR^
SOFR29951 PDR
AE65-2 REGULATORY HISTORY INDEX FOR FINAL RULE REPEAL OF NRC STANDARDS OF CONDUCT REGULATIONS 10 CFR PART 0 58 FR 29951 May 25, 1993 Documents for PDR 5/23/93 Federal Register Notice, 58 FR 29951, " Repeal of NRC Standards of Conduct Regulations" (Final Rule)
Documents for Central Files 4/30/93 Memorandum for Trip Rothschild from Michael Lesar, subject: Review of Final Rule on the Repeal of NRC Standards of Conduct Regulations 5/10/93 Memorandum for Michael T.
Lesar from Brenda Jo Shelton, subject: Request for Comment and Concurrence on the Final Rule, "10 CFR Part 0: Repeal of Standards of Conduct Regulations" 5/11/93 Memorandum for James M. Taylor, EDO, from James A.
Fitzgerald, OGC, subject: Repeal of 10 CFR Part 0 undated Draft Federal Register Notice, 10 CFR Part 0, Repeal of NRC Standards of Conduct Regulations
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29951 Rulos and Regulationo r****
Vol. 58, No. 99 Tuesday, May 25,1993 j
l l
This section of the FE.DERAL REGISTER place them in intamal agency adopting the following amendments to l
contahs regulatory oocumen:s having 9eneral documents. See 5 CFR $ 2635.105 10 CFR part O.
applicab&ty and legal affect, most of mtuch (1992). Having now issued the necessary are keyed as and codified h the Code of Management Directives and Handbooks, PART D-CONDUCT OF EMPLOYEES l
h*dy, 'Qyjsgo
- NRC is deleting the applicable 1.%e authority citation for pan 0 is Sh "d*
delegations of authority from, and other revised to read as follows:
The Code of Feeral Regulations is sold by Portions of,its remaining regulations in Authority: secs. 25,161 68 Stat. 925' 201*
948' the Superintendent of Documents. Pr6ces of 10 CFR part O. Because NRCis required M N U.Sc 20$5,2203 sec as new books are listed h the first FEDERAL to delete those portions of to CFR part sa stat.1242, as amended (42 U.Sc 5641)~-
REGISTER issue of sa$ week.
O that have been superseded by OGE E.O.11222,30 FR 6469,3 CFR 1964-1965 regulations. NRC finds, pursuant to 5 COMP., p. 306: 5 CFR 735.104.
U.S.C. 553(b)(B), that there is good sections o.735-21 and 0.735-29 also NUCLEAR REGULATORY cause not to seek public comment on issued under 5 U.Sc 552,553.
COMMISSION this rule, as such comment is l
90.735-3 [Remned) 10 CFR Part 0 unnecessary.
- 2. Section 0.735-3 is removed.
Environmental Lnpact: Categorical
- 3. Section 0.735-21 is revised to read gg g
Exclusion as follows:
1 Repeal of NRC Standards of Conduct NRC has determined that this final 3 0.735-21 Acts effecGng a personal Regulations rule is the type of action described in nnancial intere st (bas ed on 18 U.S.C. 208).
AGENCY: Nuclear Regulatory categorical exclusion 10 CFR (a) Exemption ofremote or l
Commission.
51.22(c)(1). Therefon, neuer an inconsequentialfinoncialinterests. (1) envir nmental assessment nor an ACDON: Final rule' in accordance with the provisions of 18 environmentalimpact statement has U.S.C 208(b)(2), the NRC has exempted
SUMMARY
- The Nuclear Regulatory been prepared for the final regulation.
the following financialinterests from 18 Commission (NRC)is amending its Paperwork Reduction Act Statement U.S.C. 20B(a) upon the ground that such regulations to repeal those delegations interests are too remote or too of authority and other miscellaneous This final rule contains no inconsequential to affect the integrity of regulations in 10 CFR part 0 that are information collection requirements and its employees' services:
now contained in NRC intemal thenfore is not subject to the (1) Financial interests in an enterprise Management Directives and Handbooks requirements of the Paperwork in the form of shares in the ownership or are no longer necessary.These Reducdon Act of1980 (44 U.S.C. 3501 thereof, including preferred and internal documents were issued et seq.).
common stocks whether voting or following the promulgation of Regulatory Analysis convoting, and warrants to purchase government-wide ethics regulations by such shares; the Office of Govemment Ethics (OGE).
The Nuclear Regulatory Commission (ii) Financial interests in an enterprise f
The new OGE regulations have largely is eliminating ngulations that have been in the form of bonds, notes, or other supplanted NRC's own ethics superseded by the Office of Government evidence ofindebtedness; regulations.
Ethics' govemment-wide standards of (iii) Investments in State or local EFFECTIVE DATE: June 24,1993' C nduct regulations.This rule has no government bonds and investments in significant impact on health, safety or shares of a widely held diversified FOR FURTHER INFORMATION CONTACT: L.
the environment. There is no substantial mutual fund or lated investment Michael Rafky, Office of the General cost to licensees. NRC or other Federal company, excep Idings in mutual Counsel, U.S. Nuclear Regulatory agencies.
Investment funds or regulated Commission, % ashington, DC 20555, teleP one: 301-504-1606' Backfit Analysis investment companies dealing primarily h
in atomic energy stocks: Pmvided, That SUPPLEMENTARY INFORMADON:
NRC has determined that the backSt in the case of paragraph (a)(1) (i) and (ii) rule,10 CFR 50.109, does not apply to of this section:
Background
this final rule and that a backfit analysis (A) The total market value of the On August 7,1992 (57 FR 35006), the is not required for this final rule, financial interests described in said Office of Government Ethics published because these deletions of regulations subdivisions with respect to any its final rule establishing govemment.
do not lavolve any provisions which individual enterprise does not exceed wide standards of conduct wr executive would impose backfits as defined in 10
$1000: and branch employees. These regulations.
CFR 50.109(a)(1).
(B)The holdings in any class c.f which are codified at 5 CFR part 2635*
List of Subjects in to CFR Part 0 shares, or bonds, or other evidences of took effect on February 3,1993, and indebtedness, of the enterprise do not supplanted a substantial portion of Conflict ofinterest, Criminal exceed 1 percent of the dollar value of Nuclear Regulatory Commission Penalties.
the outstanding shares, or bonds or standards of conduct ngulations.
For the reasons set out in the other evidences of indebtedness in said OGE asked the Commission to remove preamble and under the authority of the class.
Its intamal procedures and delegations Atomic Energy Act of1954, as amended,
- 12) Where a person covered by this of authority from to CFR part 0 and and 5 U.S.C. 552 and 553, NRCis exemption is a member of a group
29952 Federal Regist:r / Vol. 58. No. 99 / Tuisday, May 25, 1993 / Rules cnd Regulations organized for the purpose ofinvesting in person'or organ!zation."It is the policy FoR FURTHER INFORMATION CONTACT:
equity or debt securities, the interest of of the Nuclear Regulatory Commission Claude A. Rollin, Counsel Legal such person in any enterprise in which in conformity with the foregoing to Division (202-898-3985).
t the group holds securities shall be based exercise the power of exemption SUPPLEMENTARY INFORMATION:
upon said person a equity share of the pursuant to 18 U.S.C. 208(b)in such holdings of the group in that enterprise. situations.
Paperwork Reduction Act (3) For purposes of paragraph (a)(1) of No collections ofinf'ormation this section, computations of dollar
$ 0.735-22 (Removed) pursuant to section 3504(hl of the value of financialinterests in
- 4. Section 0.735-22 is removed.
Paperwork Reduction Act (44 U.S.C.
co orations shall be by means of:
3501 et seq.) are contained in this (i Market value in the case of stocks 50.735-23 [ Removed]
listed on national exchanges; or
- 5. Section 0.735-23 is removed.
notice. Consequently, no information has been submitted to the Office of i
e
$0.735-26 (Removed)
Management and Dudget for review.
s a repo d by the National Daily Quotation Service in the case of
- 6. Secdon 0.735-26 is removed.
Background
unlisted stocks; or Annex A (Removed)
On December 19,1991, the Federal (iii) By means of net book value (i.e.
assets less liabilities)in the case of
- 7. Annex A to 10 CFR part 0 is Deposit Insurance Corporation removed' Improvement Act of 1991 (FDICIA).
stocks not covered by the preceding two Pub. L.102-242,105 Stat. 2236 was categories. With respect to debt Dated at Rockville, Maryland this 12th day securities, face value shall be used for of May,1993.
signed into law. Section 311 of FDICIA, inter alia, amended certain provisions of valuation purposes.
For the Nuclear Regulatory Commission.
sections 3,7 and 11 of the Federal (4) The dollar value and percentage of James M. Taylor, Deposit Insurance Act (the FDI Act),12 financia1 interests listed above in Executhe Directorfor Opemtions.
U.S.C.1813,1817,1821, which govern paregraph (a)(1) of this section shall be
[FR Doc. 93-123c2 Filed 5-24-93,8.45 aml the extent ofinsurance coverage computed as of the date on which the sumo coot nwew provided by the FDIC for deposits in employee first participated personally FDIC insured institutions. Some of and substantially in any particular those statutory amendments were matter, within the meaning of 18 U.S.C.
FEDERAL DEPOSIT INSURANCE effective as of December 19.1991, others 208(a). relating to the enterprise CORPORATION became effective on December 19,1992, concerned. The dollar value and and still other amendments will become percentage so computed shall govern 12 CFR Part 330 effective on December 19,1993.
during the entire period that the On October 13,1992, the FDIC's RW 3064-ABot employee participates in the particular Board of Directors authorized the matter unless, after the date of Deposit insurance Coverage publication, for comment, of certain computation, the employee, or other proposed amendments to the FDIC's person or organization referred to in AGENCY: Federal Depos.t Insurance deposit insurance regulations (12 CFR i
pcrograph (a) of this section acquires an Corporation (FDIC).
part 330). The proposed amendments, additionalinterest in the same ACTION: Final rule.
which we're pnmarily to implement the enterprise. In the event of such statutory changes noted above, were subsequent acquisition, the dollar value SUWARY:The FDIC has adopted final ublished in the Federal Register (57 and percentage shall be recomputed as amendments to its deposit insurance hR 49026) on October 29,1992.The of the date of the subsequent regulations which specify the extent of roposed amendments were published acquisition. If, as a result of the insurance coverage provided by the
[or a 60-day comment period which subsequent acquisition, the dollar value FDIC for deposit accounts in FDIC-closed on December 28,1992.The FDIC and percentage computed exceeds the insured institutions. Most of the final received a total of 144 comment letters limitations described in paragraph (a)(1) amendments are required to implement that were carefully reviewed and of this section, the general exemption section 311 of the Federal Deposit considered by FDIC staff members. The provided therein shall no longer be Insurance Corporation Improvement Act comment letters were from many applicable and an ad hoc exemption of 1991, which amended vanous different sources, including insured rnust be sought in accordance with the provisions of the FederalDeposit depository institutions, bank and thrift provisions of 18 U.S.C. 208(b)(1).
Insurance Act governing deposit holding companies, trade associations, (b) Special exemption for special insurance coverage. The FDIC is also corporations, law firms, rnembers of Government employees. Federal adopting other amendments to its Congress, government agencies and Personnel Manual Chapter 735, deposit insurance regulations that the various other persons and entities.
Appendix C provides that a special FDiC believes are necessary to further Those comment letters are summarized Government employee should in general clarify the extent of deposit insurance throughout the following discussion of be disqualified from participating as provided by the Federal Deposit the final amendments.
such in a matter of any type the Insurance Act and the FDIC's outcome of which will have a direct and regulations. The intended effect of this Rig 9s and Capacities predictable effect upon the financial amendment is to make the FDIC's Under the amended statutory interests covered by 18 U.S.C. 208.
regulations consistent with the statutory provisions, deposit insurance is still However, that chapter states that the provisions governing insurance based upon the ownership " rights and power of exemption may be exercised in coverage.
capacities"in which deposit accounts this situation "if the special EFFECT7VE DATE:This regulation is are maintained 1n FDIC-insured Government employee renders advice of effective on June 24,1993, except institutions. Although section 311'of a general nature from which no
$$ 330s1(j). 330.10(a),330.12(c),
FDICIA deleted the " rights and preference or advantage over others 330.12(d)(3), and 330.13 which are capacities" provisions from section 3(m) might be gained by any particular effective December 19,1993.
of the FDI Act,12 U.S.C.1813(m),it