ML20055J039
| ML20055J039 | |
| Person / Time | |
|---|---|
| Issue date: | 02/10/1989 |
| From: | Rothschild M NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| To: | Nellis D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| Shared Package | |
| ML20055H979 | List: |
| References | |
| FRN-53FR8460, FRN-55FR843, FRN-55FR8460, RULE-PR-34, RULE-PR-34-53F8460 AC12-2-19, NUDOCS 9007310304 | |
| Download: ML20055J039 (2) | |
Text
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UNITED STATES l
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NUCLEAR REGULATORY COMMISSION g
WASHINGTON, D. C. 20Lb5 k.....
)'h FEB t 01989 MEMORANDUM FOR:
Dr. Donald O. Nellis Radiation Protection and Health Effects Branch Division of Regulatory Applications Office of Nuclear Regulatory Research FROM:
Marjorie Rothschild, Attorney Division of Rulemaking and Fuel Cycle Office of the General Counsel
SUBJECT:
COMISSION PAPER AND NOTICE OF FINAL RULEMAKING ON AMENDMENTS TO 10 CFR PART 34 (SAFETY REQUIREMENTS FORINDUSTRIALRADIOGRAPHICEQUIPMENT)
I have reviewed the above paper and the draft notice of final rulemaking transmitted to this office for initial review prior to office review and concurrence. I have previously transmitted to you a partial mark-up of the draft peper and notice containing my pryliminary comments and suggested revisions.
I have now completed my review and attached is a mark-up of the entire package containing additional comments and suggested revisions (comments in addition to those previously transmitted on the partial mark-up are noted by a double check mark). I would also like to note the following:
1)
I understand that you are planning to revise the " Analysis of Comments",
which is currently a separate document, so as to include it as part of the federal Register notice of final rulemaking. This revision would be in the i
form of a section-by-section analysis of the comments received and our analysis and response to such comments.
If that is correct. it alleviates the concerns noted on p. 11 of the notice.
Based on my review of the present i
" Analysis of Comments" I believe (as noted in my comments contained in the mark-up of that document) that in many instances, the " Staff's Response" to comments is cryptic.
For example, if the staff has decided, in response to concents opposing a particular proposed requirement, to delete that
/
requirement from the regulations, the response should state why the requirement is being deleted, and not just that it is being deleted.
Conversely, if the staff disagrees with comments opposing a requirement and has decided not to delete or change that rec,uirement, the ste " should set forth its reasons for doing so, rather than merely stating that the requirement is being retainede 2)
I have proposed some minor editorial revisions to the rule which in my view do not change its substance.
If you adopt these change.s, you may want to note somewhere in the supplementary information portion of the notice of final rulemaking that such minor changes have been n.ede.
i g73g3c4900726 34 55FR843 PDR l
Y 2
- 3) With respect to the " Authority" citation (pg. 19 of the notice of rule-making). I am coordinating with OGC-Enforcement the determination of those provisions of the amendments to Part 34, for which, if viciated, criminal penalties ;ould be imposed.
I will note any changes to that citation which are necessary on the next draft of the notice transmitted for review.
4)
It is my assumption that this package, when revised to reflect my connents and suggested revisions (as well as the others you may receive) will be transmitted to us for office review and concurrence. The present package l
transmitted for review does not contain Enclosures D., E., and F. of the draf t Commission paper.
I trust that they will be included in the package trans-t mitted for office concurrence. Enclosure D. (Environmental Assessment) is the l
most important of those enclosures in terms of our review.
If Enclosure D. is I
ready for review prior to completion of the entire package, you may want to provide it to us separately as soon as it is ready.
...r.
k 0*WU Marjorie U. Rothschild, Attorney Division of Rulemaking and Fuel Cycle Office of the General Counsel
Attachment:
As stated cc w/ attachment:
S. Treby, OGC S. Chidakel, OGC i
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