ML20128A081

Final Rule 10CFR Part 0, Conduct of Employees;Conforming Amends, Removing Provisions Which Have Been Superseded by Recently Issued Oge Regulations Re Conduct of NRC Employees

ML20128A081
Person / Time
Issue date:	12/28/1992
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
FRN-58FR3825, RULE-PR, RULE-PR-0 NUDOCS 9302020120
Download: ML20128A081 (10)

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'93 &!! 21 "7 Z6 11UCLEAR REGULATOltY COMMISSIO!1 10 CPR Part 0 R111 3150-AE47 Conduct of Employees; Contorming Amendmentn AGEllCY : 11uclear Regulatory Commincion.

ACTIoll Final Rule. _

SUMMARY

t The 11uclonr Regulatory Commisalon ("llRC" or

" Commission") in amending its regulations governing the conduct of 111tc employees . Thin amendment removen provisionu which have been superseded by recently incued 01fice of Government Ethics (OGE) regulations, which take effect on February 3, 1993.

ErrECTIVE DATE: February 3, 1993.

FOR PURT!!ER I!1rORMATIO!1 CO!1 TACT: L. Michael Rafky, Office of the General Counsel, U.S. 11uclear Regulatory Commission, Washington, DC 205S5, telephone: 301-504-1606.

SUPPLEME!1TARY I!1rORMATIOll Background .

On August 7, 1992 (57 FR 35006), the Offico of Government Ethien published its final rule establishing covernment-wide ntandardu of conduct for executive branch employeca. These regulations, which are codified at S CPR Part 2635, take effect I

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PDR PR l 0 SOFR3825 PDR

t on February 3, 1993, and will supplant Nuclear Regulatory Commission standards of conduct regulations. Section 2635.105 of  ;

that final rule permits individual agencies to issue jointly with-OGE supplemental regulations to address particular agency needs.  ;

The purpose of this rule is to abrogate those portions of the NRC's standard of conduct regulations, codified at 10 CFR Part 0, which will be superseded by the government-wide regulations. The NRC has retained those provisions which will likely be subjects of supplemental regulations or relate to procedural issues to be addressed in forthcoming internal NRC Management Directives.

r Because the NRC is required to delete superseded provisions of 10 CFR Part 0 with no discretion in the matter, the lHIC finds, pursuant to 5 U.S.C. 553 (b) (B) , that there is good cause not to seek public comment on this rule, as such comment is unnecessary.

The rule will become effective on February 3, 1993, the date the OGE regulations take effect. The NRC also fjnds that good cause exists to waive the 30-cay deferred effective date provisions of the Administrative Procedure Act (5 U.S.C. 553 (d) (3)) . Delaying the effective date of this rule would be contrary to the public interest because it would be confusing for regulations which have been superseded-to remain in effect beyond February 3, 1993.

m Environmental. Impact: Categorical Exclusion The 11RC has dotormined that this final rulo is the type of action described in categorical exclusion 10 CPR 51.22 (c) (1) .

Thorofore, neither an environmental assessment nor an environmental impact statomont han-boon prepared for the final regulation.

Paporwork Reduction Act Statomont This final rulo contains no information collection requirements and thorofore is not subject to the requirotnants of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 at seq.).

Regulatory Analysis K

l The 11uclear Regulatory Commission is eliminating regulations that havo been superseded by the Office of Government Ethics' government-wide standards of conduct regulations. . This rule'has no significant impact on-health, safety or the environment.

There is no substantial cost to licensoos, the NRC, orLother.

Federal agencies.

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f llackiit Analynio  ;

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The llRC has determined that the backfit rule, 10 CFh 50.109, doop not apply to this final rule and that a backfit analynin la '

not required for this final rule, becauco thoco supplomontal regulationa do not involve any provisiono which would imposo backfits au dofined in 10 CPR 50.109 (a) (1) . ,

List of Subjecta Part 0 - Confliet of interont, Criminal ponalty.

For the rencono not out in the proamble-and under the authority of the Atomic Energy Act of 1954, an amended, and 5-U.S.C. 552 and 553, the llRC in adopting the following amendments to 10 CPR Part O.

PART 0-CONDUCT OF EMPLOYEES

1. The authority citation for Part 0 continuen to rohd ao followat AUT110RITY : Soca. 25, 161, 68 Stat.- 925, 948,-an amended (42 U.S.C. 2035, 2201); occ. 201, 88 Stat. 1242,:an amondod-(42-U.S.C. 5841) ; E.O.- 11222, 30 FR 6469, 3 CFR 1964-1.965 COMP , p.-

306;-5 CFR 735.104..--

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l Sections 0.735-21 and 0.735-29 also issued under 5 U.S.C. I Section 0.735-26 also issued under secs. 501, 502, 552, 55?. ]

Pub. L.95-521, 92 Stat. 1864, 1867, as amended by secs. 1, 2,  !

Pub. L. 96-28, 93 Stat. 76, 77 (18 U.S.C. 207).

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$$ 0.735 0.735-2 (Removed]  !

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

3. Section 0.735-3 is revised to read as followat

$ 0.735-3 Responsibilities and authorities. 1 The General Counsels (a) is the Designated Agency Ethics Official for NRC. ',

(b) Serven as NRC's designee to the Office of Government Ethics on matters covered by this part. .*

(c) Designates deputy counselors.

(d) Coordinates counseling services, and assures that-counseling and interpretations on questions of. conflicts of interest and other matters covered by the part are.available to ,

deputy counselors. ,

SS 0.735 0.735-6 (Removed] LL

4. Sections.0.735-4 through_0.735-6 are removed. 3

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5. Section 0.735-8 is revised to road as follows:

$ 0.735-8 Information collection requirements OMB approval.  !

This part contains no information collection requirements and therefore is not subject to the requirements of-the Paporwork Roduction Act of 1980 (44 U.S.C. 3501 et sog.).

S 0.735-20 (pomoved)

6. Section 0.735-20 is removed.

7. In 5 0.735-21 paragraph (d) is revised to road as follows: ,

S 0.735-21 Acts affecting a personal financial interest (based on 18 U.S.C. 208). ,

(d) Special exemption for special Government omployees.

Federal Personnel Manual Chapter 735, Appendix C providos that a special Government employoo should in general bo disqualified from participating as such in a matter of any type the outcome of which will have a direct and predictable offect upon the -

financial interests covered by 18 U.S.C. 208, llowever, that chapter states that the power of exemption may bo exorcised in-this situation "if the special Government employee ronders advico"

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L of a-gonoral nature from which--no preference.or advantage over::

t others might be gained by any particular1porson or' organization."

L It-is the policy of the Nuclear Regulatory Commission in

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i conformity with the foregoing, to exerciac the power of exemption .l purnuant to 18 U.S.C. 208(b) in such nituationa. The authority i to grant auch an exemption in dologated to the NRC official ,

responsibio for appointment or designation of the particular -

consultant or advisor.

8. Section 0.735-23 in revised to road as followat S 0.735-23 Activities of officers and omploycos in claims against and other mattero affecting the Government (based on 18 U.S.C. 205).

(a)(1) Nothing in 18 U.S.C.-205 provents a special covernment employco from acting as agont or attorney for another person in the performance of work under a grant by, or a contract with or for the bonofit of, the United States if the Executive ,

Director for operations cortifion in writing that the national-interont so requiron. Such cortification shall bo submitted for publication in the Federal Registor. 8 (2) The special Government employoo chall immediately notify the NRC when so donignated to act as agont-or attorney by his.privato employer.  ;

SS 0.735 0.735.25 [Romoved)

9. Sections- 0.735-24 and'0.735-25 are removed.

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10. Section 0.735-26 is revised to read as follows: t 5 0.735-26 Disqualification of former ofricers and employees in matters connected with former duties or official responsibilities; disqualification of partners of current ,

officers and employees (based on 18 U.S.C. 207). 1 The prohibitions of 18 U.S.C. 207 shall not apply --

(1) With respect to the making of communications solely for the purpose of furnishing scientific or technological information if the following procedures are observed!'

(i) The former employee proposing to make the communication solely for the purpose of furnishing scientific or technological:

information receives prior written authorization from the Executive Director for Operations. The individual shall provide to the Executive Director for Operations a written statement.that indicates l e or she is a former employee subject to post-employment restrictions under this section, that briefly summarizes the content of the proposed communication, that describes his or her involvem,ent, if any, as an NRC employee on ,

the matter to be discussed, and that certifies the communication he or she desires to make is solely for the purpose of furnishing scientific or technological information; and (ii) The Executive Director for Operations before deciding whether to authorize the communication shall consult with the counselor or deputy counselor.- The primary" factor to'be considered.by the Executive Director.for Operations is whether

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4 rocoipt of the scientific or technological information would further the agency's mission.

(2) If the Commission, in consultation with the Director of the Office of Government Ethics, makes a cortification published in the Todoral Register that the formor-omployeo han oututanding qualifications in a scientific, tecnnological, or other technical disciplino, and 30 acting with respect to e particular matter which requirns such qualifications, and that the national interont would bo sorved by the participation of the former officer or employeo. The commission under this provision may authorizo communications that are not limited to transmission of ocientific or technological information.

SS 0.735 0.735-20a (Removed)

11. Sections 0.735-27 through 0.735-20a are removed.

Subpart c (S 0.735-30) (Removed)

12. Part 0 is amended by removing Subpart c (S 0.735-30).

S 0.735-40 [Amendos)-

13. Section 0;735-40 in amended-by_romoving paragraphs (c),

(7) and (h), and redonignating paragraph (f) ' au paragraph (o) .

i SS 0.735-41 --0.735-49a= (Removed)_

.14 .- Sectiona_0.735-41 through 0.735-49a are removed.

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t subpart E (55 0.735 0.735-55) (1tomoved) {

15. Part 0 in -a:nonded by removing _ Uubpart E ($$ 0.735 O.735-55),

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Dated at Itockville, Maryland thin J/ ' day of *l *"M, 1992. .

For the lluclear Itegulatory Comminolon,

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/Jpfnen M. Thylor, .

ExgutivoDirector-forOperations.

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