ML20128N898

Forwards for Signature,Direct Final Rule, Deletion of Outdated Refs & Minor Change

ML20128N898
Person / Time
Issue date:	08/07/1996
From:	Morrison D NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
Shared Package
ML20128N048	List: ML20128N043 ML20128N059 ML20128N095 ML20128N184 ML20128N220 ML20128N266 ML20128N312 ML20128N323 ML20128N336 ML20128N357 ML20128N391 ML20128N427 ML20128N505 ML20128N569 ML20128N580 ML20128N677 ML20128N689 ML20128N698 ML20128N705 ML20128N713 ML20128N729 ML20128N742 ML20128N765 ML20128N781 ML20128N874 ML20128N898 ML20128N955 ML20128P015 ML20128P087 ML20128P096 ML20128P128 ML20128Q192 ML20128Q203 ML20128Q264
References
FRN-61FR43406, FRN-61FR43409, RULE-PR-2, RULE-PR-51 AF43-2-034, AF43-2-34, NUDOCS 9610170062
Download: ML20128N898 (24)

Text

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PDR. 4'l y UNITED STATES g , ' NUCLEAR REGULATORY COMMISSION l e f WASHINGTON, D.C. 30666 4 001 0

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August 7, 1996 l MEMORANDUM T0: James M. Tay1or' r Executive Director for Operations .~ )

FRON: David L. Morrison, Director '

-b' Office of Nuclear Regulatory ResearchM.g ///W

SUBJECT:

DIRECT FINAL RULE: " DELETION OF OUTDATED REFERENCES AND MINOR CHANGE" Attached for your signature is a Direct Final Rule, and accompanying proposed rule, to be published in the Federal Reaister that amend the regulations by deleting all references to Appendix C, of 10 CFR Part 2. Appendix C is a policy statement and~1.s not a regulation. Although the staff believes that

. these changes are administrative in nature, a " Direct Final Rule" will be used  !

to allow for the possibility for public comment. If no significant issues are raised, the rule would become final on the specified date. If a significant i issue is. raised, the rule would revert to a proposed rule and comments '

will be evaluated prior to issuing a final' rule.

Backaround:

The staff has removed Appendix C, " General Statement of Policy and Procedures for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995) inasmuch as the Enforcement Policy is a Policy Statement, not a regulation.

The enforcement policy, " General Statement of Policy and Proceduras for NRC Enforcement Actions -- Enforcement Policy," was published as a Policy Statement on June 30, 1995 (60 FR 34381). It was also published as NUREG-1600 ,

in July 1995. There are two sections (10 CFR 2.8(b) and 51.10(d)) in the regulations that st.ill reference Appendix C to Part 2. This rulemaking dea tes both outdated references. This rulemaking also amends 5 2.201,

" Notice of Violation," to provide that the NRC may use discretion when

-determining whether to require a written explanation or statement in reply to a notice of violation. When the NRC believes that the licensee or other person who received the notice of violation has already adequately addressed all the issues contained in that notice, further written responses may not be required.

Backftt Analvsis:

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The. staff-has determined that a backfit analysis is not required for this direct final rule because these amendments do not involve any provisions which 7 would_ impose backfits as defined in 10 CFR Part 50.109(a)(1).  !

96 01 062 961009 -

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Attachment I federal Register Notices of Final Rulemaking and Proposed Rulemaking 1

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[7590-01-P]

$ NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2 and 51  !

l RIN 3150-AF43 Deletion of Outdated References and Minor Change ,

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AGENCY: Nuclear Regulatory Commission.

I ACTION: Direct final rule. ,

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SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations 4

to delete all references to Appendix C, of 10 CFR Part 2. Appendix C " General j l

Statement of Policy and Procedures for Enforcement Actions," was removed from I the Code of Federal Regulations because it is a Policy Statement, not a regulation, and the enforcement policy was published as a Policy Statement on June 30, 1995. This direct final rule also provides that the NRC may use discretion when determining whether to require a written explanation or i statement in reply to a notice of violation. When the NRC believes that the licensee or other person who receives the notice of violation has already adequately addressed all the issues contained in that notice, at the l discretion of the NRC, further written responses may not be required.

DATE: This final rule is effective on [ insert date 60 days after publication]

unless significant adverse comments are received by the NRC. Comments should  !

be' submitted by [ insert date 30 days after publication]. If the effective date is delayed, timely notice will be published in the Federal Register.

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ADDRESSES: Mail written comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, 20555-0001. ATTN: Docketing and Service Branch. '

Hand deliver comments to: 11555 Rockville Pike, Rockville, MD, between 7:30 am and 4:15 pm Federal workdays. {

For info ~rmation on submitting comments electronically, see the discussion under Electronic Access in the Supplementary Information Section.

Copies of comments received may be examined or copies for a fee, at the NRC Public Document Room, 2120 L Street NW. (Lower Level), Washington, DC..

FOR FURTHER INFORMATION CONTACT: M. L. Au, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-6181. E-Mail: INTERNET:MLA9NRC.G0V.

SUPPLEMENTARY INFORMATION:

, Background The NRC has removed Appendix C, " General Statement of Policy and Procedures for NRC Enforcement Actions," from 10 CFR Part 2 (60 FR 34380; June 30, 1995) inasmuch as the Enforcement Policy is a Policy Statement, not a regulation. The enforcement policy, " General Statement of Policy and i

Procedures for NRC Enforcement Actions -- Enforcement Policy," was published as a Policy Statement on June 30, 1995 (60 FR 34381). It was also published as NUREG-1600 in July 1995. There are two sections.(10 CFR 2.8(b) and 51.10(d)) in the Commission's regulations that still reference Appendix C to

, Part 2. This rulemaking deletes both outdated references.

2 I

4 This rulemaking also amends i 2.201, " Notice of Violation," to provide that the NRC may use discretion when determining whether to require a written '

explanation or statement in reply to a notice of violation. When the NRC believes that the licensee or other person who received the notice of  ;

violation"nas already adequately addressed all the issues contained in that notice, further written responses may not be required.

Discussion I. Deletion of outdated reference to Appendix C to 10 CFR Part 2 Section 2.8 Information collection requirements: OMB approval.

j Section 2.8(a) currently states that the Office of Management and Budget I (OMB) has approved the information collection requirements contained in Part 2. Section 2.8(b) states that the approved information collection requirements appear in Appendix C to 10 CFR Part 2. Because Appendix C has been removed from Part 2, there are no longer any information collection requirements in this part. Thus, 5 2.8 is amended to state that there are no information collection requirements' contained in this part. It should be 4

noted that any burden for the information collections related to enforcement actions is currently associated with the policy statement (June 30, 1995; 60 FR 34380), rather than with Part 2.

Section 51.10 Purpose and scope of subpart: application of regulations of Council on Environmental Quality.

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I Section 51.10(d) currently states, "These actions include issuance of notices, orders, and denials of requests for action pursuant to Subpart B of Part 2 of this chapter, matters covered by Part 15 and Part 160 of this chapter, and any other matters covered by Appendix C to Part 2 of this r chapter." Because Appendix C to 10 CFR'Part 2 haf Deen deleted, this sentence is incorrect. Thus, 5 51.10(d) is amended by deleting the reference to Appendix C to 10 CFR Part 2. Enforcement-related actions identified in the former Appendix C to 10 CFR Part 2 will be added as examples to the list of j actions in 5.51.10(d).

II. Grant of discretion to Commission to require a written explanation in reply to a notice of violation  :

,Section 2.201 Notice of violation.

Section 2.201(a) states that, in response to a notice of violation, a licensee or other person subject to the jurisdiction of the Commission to whom a notice of violation has been sent will be required to submit a written statement in reply, including corrective steps that have been taken, and the date when full compliance will be achieved. However, when a licensee or other person has already adequately addressed the issues contained in the notice of violation in writing, the licensee or other person has already, in effect, responded to the violation and a further written statement may be unnecessary.

Therefore, i 2.201(a) is amended to replace the existing phrase "will require" with "may require." This change grants the NRC discretion when determining whether to require the submittal of a written explanation or statement when 4

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. the NRC believes that a licensee or other person has already adequately addressed all the issues contained in that notice of violation.

Electronic Access ',

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Comments may be submitted electronically, in either ASCII text or Wordperfect format- (version 5.1 or later), by calling the NRC Electronic Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed using a personal computer, a modem, and one of the commonly available communications software packages, or directly via Internet.

If using a personal computer and modem, the NRC rulemaking subsystem on FedWorld can be accessed directly by dialing the toll free number 1-800-303- ]

9672. Communication software parameters should be set as follows: parity to  !

none, data bits to 8, and stop bits to I (N,8,1). Using ANSI e VT-100 terminal emulation, the NRC NUREGs and RegGuides for Comment subsystem can then be accessed by selecting the " Rules Menu" option from the "NRC Main Menu." For further information about options available for NRC at FedWorld, consult the " Help /Information Center" from the "NRC Main Henu." Users will l

find the "FedWorld Online User's Guide's" particularly helpful. Many NRC 1 subsystems and data bases also have a " Help /Information Center" option that is tailored to the particular subsystem.

The NRC subsystem on FedWorld can also be accessed by a direct dial phone number for the main FedWorld BBS, 703-321-3339, or by using Telnet via Internet: fedworld. gov. If using 703-321-3339 to contact FedWorld, the NRC subsystem will be accessed from the main FedWorld menu by selecting the

" Regulatory, Government Administration and State Systems," then selecting I

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" Regulatory Information Hall ." At that point, a menu will be displayed that has an option "U.S. Nuclear Regulatory Commission" that will take you to the NRC Online main menu. The NRC Online area also can be accessed directly by typing <"/go nrc" at a FedWorld command line. If you access NRC from C

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FedWorld's main menu, you may return to FedWorld by selecting the " Return to FedWorld" option from the NRC Online Main Menu. However, if you access NRC at FedWorld by using NRC's toll-free number, you will have full access to all NRC systems but you will not have access to the main FedWorld system.

If you contact FedWorld using Telnet, you will see the NRC area and menus, including the Rules menu. Although you will be able to download documents and leave messages, you will not be able to write comments or upload files (comments). If you contact FedWorld using FTP, all files can be j accessed and downloaded but uploads are not allowed; all you will see is a list of files without descriptions (normal Gopher look). An index file listing all files within a subdirectory, with descriptions, is included.

There is a 15-minute limit for FTP access.

Although FedWorld can be accessed through the World Wide Web, like FTP, that mode or'

• provides access for downloading files and does not display the NRC Rules Henu.

For more information on NRC bulletin boards call Mr. Arthur Davis, Systems Integration and Development Branch, NRC, Washington, DC 20555, telephone (301) 415-5780; e-mail AXD30nrc. gov.

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Procedural Background Because NRC considers this action noncontrovers.a1 and routine, we are approving it without seeking public comments'on proposed amendments. This(

action will become effective on (60 days after publication in the' Federal Register). However, if the NRC receives significant adverse comments by (30 days after. publication in the Federal Register), then the NRC will publish a document that withdraws this action and will address the comments received in response to the requested revisions which have been proposed for approval and

- are being concurrently published in the proposed rules section of this Federal.

a Register. Comments will be addressed in the final rule on this proposal. The

{ NRC will not initiate a second comment period on this action.

Environmental Impact: Categorical Exclusion

! I The NRC has determined that this direct final rule is the type of action described as.a categorical exclusion in 55 51.22(c)(1) and 51.22(c)(2).

Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this direct final rule.

Paperwork Reduction Act Statement for Direct Final Rule This direct final rule does not contain a new or amended information-

! collection requirement subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing information collections were approved by the 3 Office of Management and Budget, approval numbers 3150-0136 and 3150-0021.

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Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to 4

respond to, a collection of information unless it displays a currently valid

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OMB control number.

Regulatory Analysis

This direct final . rule deletes outdated references to an appendix which previously has been deleted from the Commission regulations and provides'that i

the NRC may use discretion regarding the submittal of a written response from a licensee if the NRC believes that the licensee or other person has already adequately addressed all the issues contained in a notice of violation.

Deleting the outdated references will have no impact on licensees, the NRC, or the public. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burdens of preparing unnecessary reports by licensees and of reviewing these reports by the NRC without compromising the public health and safety. However, it is impossible to quantify the amount of reduction in burden because the number of discretions to be authorized cannot be estimated. Therefore, the burden under the direct final rule would be at most equal, but probably less than, the burden under the existing regulations.

-This constitutes the regulatory analysis for the direct final rule.

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I Small Business Regulatory Enforcement Act in accordance with the Sma11' Business Regulatory Enforcement' Fairness Act of 1996, the NRC has determined that this action is not a major rule and' has verified this determination with the Office of Information and Regulatory '

Affairs of OMB.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50.109, does not apply to this rule, because these amendments do not involve any provisions that would impose backfits as defined ~in 10 CFR 50.109(a)(1). Therefore, a backfit analysis is not required for this direct final rule.

List of Subjects 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material,.

Special nuclear material, Waste treatment and disposal.

10 CFR Part 51 Administrative practice and procedure, Environmental Impact statement, Nuclear power plants and reactors, Reporting and recordkeeping requirements.

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For-reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended, the Energy Reorganization Act of 1974 as amended, and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2 and 51. -

PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCE OF ORDERS

1. The authority citation for-part 2 is revised as follows:

AUTHORITY: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C.

2201, 2231); sec. 191, as amended, Pub. L.87-615, 76 Stat. 409 (42 U.S.C.

2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552.

Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933, 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134,' 2135); sec.114(f), Pub. L.97-425, 96 Stat. 2213, as amended (42 U.S.C.10134(f)); sec.102, Pub. L.91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Sections 2.102, 2.103, 2.104, 2.105, 2.721 also issued under secs. 102, 103', 104, 105, 183, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132', 2133, l 2134,-2135, 2233, 2239). Section 2.105 also issued under Pub. L.97-415, 96 l I

Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. I 1

161b,-1, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 l l

U.S.C. 2201 (b), (i),.(o), 2236, 2282);-sec. 206, 88 Stat 1246 (42 U.S.C.

5846). Sections 2.600-2.606 also issued under sec. 102, Pub. L.91-190, 83 Stat 853, as amended (42 U.S.C. 4332). Sections 2.700a, 2.719 also issued l

.under 5 U.S.C. 554. Sections 2.754,'2.760, 2.770, 2.780 also issued under 5 10

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U.S.C. 557. Section-2.764 also issued under secs. 135, 141, Pub. L.97-425, -

96 Stat. 2232, 2241'(42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552.

Sections 2.800 and 2.808 also issued under 5 U.S.C. 553. Section 2.809 also~

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' issued under 5 U.S.C. 553 and sec. 29, Pub. L.85-256, 71 Stat. 579, as amended-(42 U.S.C. 2039). Subpart K also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239); sec. 134, Pub. L.97-425, 96 Stat. 2230 (42 U.S.C. 10154).

4 Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239).

Appendix A also issued under sec. 6, Pub. L.91-560, 84 Stat. 1473 (42 U.S.C.

2135).- Appendix B also_ issued under sec. 10, Pub. L.99-240, 99 Stat. 1842 (42 U.S.C. 2021b et seq.). j

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2. Section 2.8 ir ravised to read as follows:

L 5 2.8 Information collection reauirements: OMB approval.

J This part contains no information collection requirements and therefore l'

is not subject to requirements of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

3. In i 2.201, paragraph (a) is revised to read as follows:

5 2.201 Notice of violation.

(a) In response.to an alleged violation of any provision of the Act or this. chapter or the conditions of a license or an order issued by the Commission, the' Commission may serve on the licensee or other person subject to the jurisdiction of the commission a written notice t.f violation; a 11

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.~ - -. . -. . . - . -. . . - - - .- . - _ . ._ _. -_ . -

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separate notice may be omitted if an order pursuant to 5 2.202 or demand for information pursuant to i 2.204 is issued that otherwise identifies the 'l apparent violation. The notice of violation will concisely state _the alleged violation and may . require that the licensee or other person submit, within db r  :

days of the date of tne nor.fcd 'or other specified time, a written explanation or statement in reply if the Commission believes that the licensee has not already addressed all the issues contained in the notice of violation,

. including: ,

(1) Corrective steps which have been taken by the_ licensee or other person and the results achieved; (2) Corrective steps which will be taken;-and (3) The date when full compliance will be achieved. ,

I PART"51--ENVIRONMENTAL PROTECTION REGULATIONS FOR DOMESTIC LICENSING a

AND RELATED REGULATORY FUNCTIONS l

4. The authority citation for Part.51 continues to read as follows:

AUTHORITY: Sec. 161, 68 Stat. 948, as amended, sec. 1701, 106 Stat.  !

2951, 2952, 2953, (42 U.S.C. 2201, 2297f); secs. 201, as amended, 202, 88 Stat. 1242, as amended, 1244 (42 U.S.C. 5841, 5842). Subpart A also issued under National Environmental Policy Act of 1969, secs.102,104,105, 83 Stat.  ;

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853-854, as amended (42 U.S.C. 4332, 4334, 4335); and Pub. L.95-604, Title II,.92_ Stat. 3033-3041; and sec. 193,' Pub. L. 101-575, 104 Stat. 2835_(42 U.S.C. 2243). -Sections 51.20, 51.30, 51.60, 51.80. and 51.97 also issued 12

l under secs. 135, 141, Pub. L.97-425, 96 Stat. 2232, 2241, and sec. 148, Pub.

1 L. 100-203, 101-Stat. 1330-223 (42 U.S.C. 10155,.10161, 10168). Section 51.22  ;

also issued under sec. 274, 73 Stat. 688, as amended by 92 Stat. 3036-3038 (42 l U.S.C. 2021) and under Nuclear Waste Policy Act of 1982, sec 121, 96 Stat. r[

2228 (42 U.S.C. 10141). Sections 51.43, 51.67, and 51.109 also under Nuclear Waste Policy Act of 1982, sec 114(f), 96 Stat. 2216, as amended (42 U.S.C. l

' 10134(f)).

5. In i 51.10, paragraph (d) is revised to read as follows:

5 51.10 Purpose and scope of subpart: Applications of regulations of Council 1

on Environmental Quality

• * * *

• 1 l (d) Commission actions initiating or relating to administrative or judicial civil or criminal enforcement actions or proceedings are not subject i

4 to Section 102(2) of NEPA. These actions include issuance of notices of

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violation, orders, and denials of requests for action pursuant to Subpart B of H

)

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• i Part 2 of this chapter; matters covered by Part 15 and Part 160 of this chapter;-and issuance of confirmatory action letters, bulletins, generic

' letters', notices of deviation, and ' notices of nonconformance.

~

. r Dated at Rockville, Maryland, this day of- - , 1996.

For the Nuclear Regulatory Commission. l l

I l

James M. Taylor,  !

l Executive Director for Operations.

i 1

.I 4

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Part 2 of this chapter; matters covered by Part 15 and Part 160 of.this chapter; and issuance of confirmatory action letters, bulletins, generic letters, notices of deviation, and notices of nonconformance.

Dated at Rockville, Maryland, this day ot , 1996. 1 For the Nuclear Regulatory Commission. 1 i

James M. Taylor, Executive Director for Operations.

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RECORD NOTE: A copy of the Direct Final Rule and Proposed Rule was sent to OIG for information on APRIL 10, 1996.

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Part 2 of this chapter; matters covered by Part 15 and Part 160 of this chapter; and issuance of confirmatory action letters, bulletins, generic letters, notices 'of deviation, and notices of nonconformance.

,9 Dated at Rocknlle, Maryland, this day of ,71'996.

For the Nuclear Regulatory Commissiorp/

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James M. Taylor,  !

ExecutiveDirectorforoferations. j

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RECORD NOTE: A copy of the Direct Final Rule and Proposed Rule was sent to OIG/for information on APRIL 10, 1996.

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g' ~ t , UNITED STATES j

• NUCLEAR REGULATORY COMMISSION cc: Morris e wasuinaTON, D.C. 20555-0001 Martin May 2, 1996 hie dm

.P' MEMORANDUM T0: David L. Morrison, Direct >r ' #

f-Office 'of Nuclear Regulatory Research FROM: Carl J. Paperiello, Director V Office of Nuclear Material Safety and Safeguards

SUBJECT:

NHSS CONCURRENCE ON DIRECT FINAL RULE FOR PARTS 2 AND 51 We have reviewed the direct final rule " Deletion of Outdated References and Minor Change" and we concur.

CONTACT: Kevin Ramsey, NMSS/IMNS 415-7887

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O *4 UNITED STATES j j NUCLEAR REGULATORY COMMISSION e WASHINGTON, D.C. 205150001 f p May 10, 1996 l

,_ MlMORANDUM T0: David L. Morrison, Director Office of Nuclear Regulatory Research  !

l FROM: William T. Russell, Director Office of Nuclear Reactor Regulatiort' 4

SUBJECT:

0FFICE CONCURRENCE ON DIRECT FINAL RULE - PARTS 2 AND 51 ,

DELETION OF OUTDATED REFERENCE AND MINOR CHANGE The Office of Nuclear Reactor Regulation concurs with the direct final rule for Parts 2 and 51 that will delete outdated references and provide a minor clarification in Part 2.

I Ir_b u 31 'l v l 'i $ { f. ._

6 1

I From: Thomas Heavey I To: MLA  !

Date: 5/10/96 3:10pm - -

Subject:

DIRECT FINAL RULE - PARTS 2 & 51 '  ;

l As there are no resource or budget impacts associated with the above rule, OC concurs.- y

-Tom Heavey l 1

CC: . DJC2,KLO,JDE 1

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g j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 20565-4001

\**s**/ m 1 I 1935 MEMORANDUM T0: David L. Morrison _ Director .

Office of Nuclear Regulatory Research, , ._

FROM: David L. Meyer, Chief d4%"

Rules Review and Directives Branch Division of Freedom of Information and Publications Services

-Office of Administration

SUBJECT:

0FFICE CONCURRENCE ON A DIRECT FINAL RULE AND PROPOSED RULE REGARDING DELETION OF OUTDATED REFFRENCES AND MIN 0R CHANGE The Office of Administration concurs, subject to the comments provided, on the direct final rule and proposed re' regarding deletion of outdated references and minor change. We have attacheu a erked copy of the package that presents our comments.

We have included the Regulatory Flexibility Certification statement in the proposed rule. Please include as part of the statement the reasons for the certification. The statement must include detailed information on the number and type of small entities involved and the effect of the rule on them.

We have forwarded copies of the direct final rule and proposed rule to the Information and Records Management Branch, Office of Information Resources Managerwent, for their comment and concurrence concerning the paperwork management aspects of these rulemaking actions. We have requested that they respond directly to you.

If you have any questions concerning this matter, please have a member of your staff contact Betty K. Golden, 415-6863, or Michael T. Lesar, 415-7163, Rules Review Section, Division of Freedom of Information and Publications Services.

Attachments:

1. Direct final rule

2. Proposed rule

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>R REG ,

e & UNITED STATES l g g NUCLEAR REGULATORY COMMISSION o 4" WASHINGTON, D.C. 20566-0001 l

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• • • • • May 2, 1996 MEMORANDUM TO: Markley L. Au -

Regulation Development Branch "

Division of Renulatory >nplications Of ce of Nuclear _ Regitl tory Researc_h FROM: niaIo. hief Information and Records Management Branch Office of Information Resources Management

SUBJECT:

10 CFR PARTS 2 AND 51, " DELETION OF OUTDATED REFERENCES AND )

MINOR CHANGES," DIRECT FINAL RULE AND PROPOSED RULE i We have reviewed the subject Direct Final Rule for compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and request that the )

Paperwork Reduction Act Statement (PRAS) be replace ( with the attached, l revised PRAS. Should you require further assistance, please contact me at 415-7233 or e-mail BJS1.

Attachment:

As stated cc: T. Martin, RES H. T. Lesar, ADM i

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S is ' C-i l 2 9 g g,

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[ k UNITED STATES l C j NUCLEAR REGULATORY COMMISSION ]

p WASHINGTON, D.C. 20555-4001 l k . . . . . ,o '

April 10,1996 ,

r MEMORANDUM T0: William T. Russell, Director '

Office of Nuclear Reactor Re.gulation Carl J. Paperiello, Director' ,

Office of Nuclear Material Safety and Safeguards j l

James Lieberman, Director gws I Office of Enforcement cp David L. Meyer, Chief Rules Review and Directives Branch Division of Freedom of Information and Publications Services Office of Administration William J. Olmstead, Associate General Counsel for Licensing and Regulation '

Office of the General Counsel Gerald F. Cranford, Director ,

Office of Information Resources Manageme t l FROM: David L. Morrison, Director Office of Nuclear Regulatory se c

SUBJECT:

0FFICE CONCURRENCE ON A DIRECT FINAL RULE - PARTS 2 AND 51 DELETION OF OUTDATED REFERENCES AND MINOR CMANGE Your concurrence is requested on this direct final rule package and accompanying proposed rule (Attachments).

The following is a summary of this request:

1.

Title:

Direct Final Rule, " Deletion of Outdated References and Minor Change"

2. Task Leader: M. L. Au, DRA/RES - 415-6181

3. Cognizant Individuals: Geoffrey Cant, OE Stuart Treby, OGC Mike Lesar, ADM  ;

Beth St. Mary, IRM ,

4. Requested Action: Concurrence

5. Requested Completion Date: 30 days from the date of memorandum y v ?*

.L*) v I M 'l gp.