ML20128P015
| ML20128P015 | |
| Person / Time | |
|---|---|
| Issue date: | 08/06/1996 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Gingrich N, Gore A, Murphy R GENERAL ACCOUNTING OFFICE, HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, PRESIDENT OF THE SENATE |
| Shared Package | |
| ML20128N048 | List:
|
| References | |
| FRN-61FR43406, FRN-61FR43409, RULE-PR-2, RULE-PR-51 AF43-2-037, AF43-2-37, NUDOCS 9610170110 | |
| Download: ML20128P015 (9) | |
Text
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- UNITED STATES j
j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 go 4
i Mr. Robert P. Murphy. ./ l General Counsel )
General Accounting Office Room 7175 441 G Street, NW Washington, DC 20548
Dear Mr. Murphy:
i Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness ,
Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is i submitting a final rule that deletes all references to Appendix C, of 10 CFR Part 2. Appendix C " General Statement of Policy and Procedures for Enforcement Actions," was removed from 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 25, 1995. This final rule also provides 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 receives the notice of violation has already adequately addressed all the issues contained in that notice, at the discretion of the NRC, further written responses may not be required. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
804(2). We have confirmed this determination with the Office of Management and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public. This final rule is scheduled to become effective 60 days after publication in the Federal Reaister.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule s
9610170110 961009
. - . . -. -- - - - - - = - . . - - -- . - . . . - .
Mr.; Robert P. Hurphy'
' General Counsel' <
' General Accounting "
Office cRoomL7175 1441 G' Street, NW.
Washington,-DC' 20548
Dear Mr. Murphy:
' ~
Pursuant to Subtitle E of- the Small Business; Regulatory Enforcement Fairness i Act of 1996,15 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is -
- submitting.a final rule that deletes all. references to Appendix C, of 10 CFR Part 2. Appendix C " General' Statement of Policy and Procedures for i i Enforcement Actions," was. removed from 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 25, 1995. This final rule also:
provides'that the NRC may use discretion when deterinining whether to require a L written explanation or statement in reply.to a notice of violation. When the i .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 discretion of the NRC,.further written responses may not be
-required. The NRC's discretion on requiring reports responding to a notice of
- violation will reduce the burden of. preparing unnecessary reports by the-licensees and of reviewing these reports by the NRC without compromising j
public health and safety.
l . We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
l '804(2). We have confirmed this determination with the Office of Management and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office
!' of the Federal Register for publication. A Regulatory Flexibility t Certification has not been prepared for this minor, nonsubstantive amendment
! which has no economic impact on NRC licensees or the public. This final rule-is scheduled to become effective 60 days after publication in the Federal l
Reaister.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule DISTRIBUTION:
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"d'I UNITED STATES "
j ~j NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20066 4001 q,,,4 , '
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The Honorable Newt Gingrich 4 Speaker of Liie iMied States -
House of Representatives Washington, DC 20515
Dear Mr. Speaker:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness
- Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule that deletes all references to Appendix C, of 10 CFR Part 2. Appendix C " General Statement of Policy and Procedures for Enforcement-Actions," was removed from 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 25, 1995. This final rule also provides 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 receives the notice of l
violation has already adequately addressed all the issues contained in that notice, at the. discretion of the NRC, further written responses may not be required. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising j public health and safety.
l We have det' ermined that this rule is not a " major rule" as defined in 5 U.S.C.
l 804(2). We have confirmed this determination with the Office of Management i and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. - A Regulatory Flexibility Certification has not been prepared.for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public. This final rule is scheduled to become effective 60 days after publication in the Federal Register.
Sincerely, u Dennis K. Rathbun, Director l Office of Congressional Affairs L
l
Enclosure:
L Final Rule-L I.
l' 1 - _
y a
- The Honorable Newt Gingrich ,
Speaker of-the United States- 1 House - of. Representatives Washington, DC 20515 4
4
Dear Mr. Speaker:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness e Act of.1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a; final rule that deletes all references to ~ Appendix C, of 10 CFR i Part 2. Appendix C " General Statement of Policy and Procedures for. -
! Enforcement Actions," was removed from the Code of Federal. Regulations becagse it is a Policy Statement, not a regulation, and the enforcement policy wasi
. published as a Policy Si.atement on June 25, 1995. This final rule also
- provides 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
, _ RC believes that the licensee.or other person who receives the notice of N
, violation has already. adequately addressed all the issues contained ~ in that notice, at the discretion of'the NRC, further written responses may not ba
- required. The NRC's discretion on requiring reports responding to a notice of violation.will reduce the burden.of preparing unnecessary reports by the
!1icensees and of reviewing'these reports by the NRC without compromising i public health and safety. !
. We have determined that this rule is not a " major rule" as defined in 5.U.S.C. !
804(2). We have confirmed this determination with the Office of Management and Budget. i l
Enclosed'is a copy of the final rule, which is being transmitted to the Office of. the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment
- which has no economic impact on NRC licensees or the public. This final rule is scheduled to become effective '60 days after publication in the Federal i
Reaister.-
i
- Sincerely, 1
i-
, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule i
- DISTRIBUTION
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[w t UNITED STATES s* j 2
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 0001
. .....,o The Honorable Al Gore .'
President of the United - --
l States Senate -
l Washington, DC 20510 1
Dear Mr. President:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness j Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is I submitting a final rule that deletes all references to Appendix C, of 10 CFR Part 2. Appendix C " General Statement of Policy and Procedures for Enforcement Actions," was removed from 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 25, 1995. This final rule also provides 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 *e licensee or other person who receives the notice of violation has if..eady adequately addressed all the issues contained in that notice, at the discretion of the NRC, further written responses may not be required. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
f04(2). We have confirmed this determination with the Office of Management and Budget.
Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public. This final rule is scheduled to become effective 60 days after publication in the Federal Register.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
' Final Rule
- m
- s. p
'The Honorable Al Gore President. of the United
- States" Senate'-
. Washington, ' DC : 20510 '
Dear Mr. President:
- .Pursuast to' Subtitle E of the Small Business Regulatory Enforcement Fairness
,, Act of 1996,-5 U.S.C. 801, the Nuclear Regulatory Commission (NRC).is
- . submitting a-final rule that deletes all references to Appendix C, of-10 CFR l i Part 2. Appendix C " General
- Statement of Policy and. Procedures for !
. Enforcement Actions," was removed from the Code of. Federal Regulations becaus,e )
.it'is a Policy Statement, not a regulation, and the enforcement' policy wasf j
. published as a Policy Statement on June 25. 1995. This final rule also -
- t L provides that the NRC may use discretion when determining whether to require 2 - - -
written explanation or. 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 i notice, at the discretion of the NRC, further written responses may not be
[
required. -The NRC's discretion on requiring reports responding to a notice of violation.will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising a public health and safety. .
4 i We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
]- 804(2). . We have confirmed this determination with the Office of Management
- and Budget.
I Enclosed is a copy'of the final rule,'which is being transmitted to the Office !
of the Federal Register for publication. A Regulatory Flexibility '
' Certification has-not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public. This final rule is scheduled. to become effective 60 days' after publication in the Federal Reaister.
l.
i Sincerely, I
Dennis K. Rathbun, Director
- Office of Congressional Affairs
Enclosure:
r Final . Rule i
i DISTRIBUTION:
i Central r/f RDB s/f. PNorian CGallagher 4
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J. Taylor Notices:
A notice to the Commission that the ED0 has signed this rule is attached for inclusion in the next Daily Staff Notes (Attachment 2).
Coordination: -
C The _0ffices of Administraticn, Nuclear Material Safety and Safeguards, Nucrlear Reactor Regulation, Information Resource Management, Office of Enforcement concur in these amendments. The Office of General Counsei iias ho' legal objection. Prior te publication of the rule, the NRC staff will obtain from the Office of Mar.4gement and Budget a determination whether this final rule is a " major rule" under_ the Small Business Regulatory Enforcement Fairness Act.
No resources required for implementation of this final rule.
Attachments:
- 1. Federal Register Notice of Final Rulemaking + 3 Copies & Diskette
- 2. Daily Staff Notes Item
- 3. Approved for Publication
- 4. Congressional Review Letters (Regulatory Enforcement Fairness Act of 1996)
DISTRIBUTION:
Central f/c RDB r/f RDB s/f FCostanzi PNorian LRiani CGallagher DOCUMENT NAME:0:\AU\P2FR.EDO *See previous concurrence OFC *RDB:DRA *RDB:DRA *0GC D:DRA a NAME MAu:ayw SBahadur STreby BMorris'DM##
DATE 07/29/96 07/29/96 08/01/96 ib/1k/96 0FC D:RESjdhf NAME DMorrfson l DATE' 9'/h/96 0FFICE RECORD COPY RES FILE CODE:
L _ _ _ . - - - .
J. Taylor Notices:
A notice to the Commission that the EDO has signed this rule is attached for
- inclusion in the next Daily Staff Notes (Attachment 2).
Coordination: -
~
The Offices of Administration, Nuclear Material Safety and Sa'feguards, Nuciear Reactor Regulation, Information Resource Management, Offic of Enforcement concur in these amendments. The Office of Gene. 41 cutiis has no legal objection. -No resources required for implementation of his final rule.
Attachments:
- 1. Federal Reaister Notice of Final Rulemaking + 3 Copies & Diskette
- 2. Daily Staff Notes Item
- 3. Approved for Publication
- 4. Congressional Review Letters
-(Regulatory Enforcement Fairness Act of 1996)
DISTRIBLITION:
Central f/c RDB r/f RDB s/f FCostanzi PNorian LRiani CGallagher DOCUMENT NAME :\AU\P2FR.EDO M OFC q MB:DRA RDB:DRA D
OGCk h D:DRA NAME k MAu:ayw SBahadur M_ STreby BMorris DATE [ ? /27/96 7/ 19 96 8/\/96 / /96 0FC / D:RES N6dE DMorrison
,dATE / /96
_f 0FFICE RECORD COPY RES FILE CODE:
J. Taylor Coordination:
The Offices of Administration, Nuclear Material Safety and Safeguards, Nuclear Reactor Regulation, Information Resource Management, Office of Enforcement concur in these amendments. The Office of General Counsel has no legal
, objection. No resources required for implementation of this final rule.
1 Attachments.
- 1. Federal Register Notice of Final -
Pulemaking + 3 Copies & Diskette
- 2. Daily Staff Notes Item '
i
- 3. Approved for Publication
- 4. Congressional Review Letters
, (Regulatory Enforcement Fairness Act of 1996)
I l
d 1
DISTRIBUTION:
Central f/c RDB r/f RDB s/f l FCostanzi PNorian LRiani l CGallagher DOCUMENT NAME:0:\AU\P2FR.E00 0FC RDB:DRA ,.RDB:DRA OGC D:DRA NAME 'MAu:aNM*d SBahadur STreby BMorris DATE ) h.A/96 b / /96 / /96 / /96 0FC D:RES pt NAME DMorrison DATE / /96 0FFICE RECORD COPY RES FILE CODE: ;
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