ML20148M874
| ML20148M874 | |
| Person / Time | |
|---|---|
| Issue date: | 06/04/1997 |
| From: | Golden B NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | James Holloway NRC OFFICE OF THE CONTROLLER |
| Shared Package | |
| ML20148M448 | List: |
| References | |
| FRN-62FR29194, RULE-PR-170, RULE-PR-171 AF55-2-036, AF55-2-36, NUDOCS 9706250279 | |
| Download: ML20148M874 (2) | |
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NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555< & 1 8
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l MEMORANDUM TO: James Holloway, Jr.
Office of the Chief Financial Officer
. 1 FROM: Betty Golden [skj Md!rb/n. l Rules and Directives Branch ,
Division of Administrative Services Office of Administration
SUBJECT:
REGULATORY HISTORY PROCEDURES -
REVISION OF FEE SCHEDULES; 100% FEE RECOVERY, i FY 1997 (10 CFR PARTS 170 AND 171) l l
In a memorandum dated April 5,1985 (copy attached), the Executive Director for Operations established procedures for ensuring that a complete regulatory history is compiled for each rulemaking action undertaken by an office under his purview. These i procedures are applicable to any proposed or final rule submitted for publication in the Federal Register after April 5,1985. Briefly, these procedures require that-Documents of central relevance to a rulemaking be maintained, and identified for a source of access; and An index of documents comprising the regulatory history be developed and submitted to the Rules and Directives Branch (RDB) within 60 days after the rulemaking is completed.
The rulemaking that amends the licensing, inspection, and annual fees charged to its applicants and licensees, was published on May 29,1997 (62 FR 29194). You should forward the completed index for this notice to the RDB (T6-D59) by August 4,1997. In your transmittal memorandum to NUDOCS. olease include the title of the rule. the complete Federal Reaister citation. and a listina of all parts affected by the document.
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1 James Holloway, Jr. (
You should place the designator "AF55-2"in the upper right-hand corner of each document centrally relevant to the rulemaking, including the transmittal memorandum, that you send to the Nuclear Document System (NUDOCS), Mail Stop OWFN P1-17.
Each document transmitted to NUDOCS that can be made available to the public should be marked "PDR"in the upper right-hand corner of the front page. Documents that cannot be made available to the public should be marked "CF"(Central Files) in the upper right-hand corner of the first page. In addition, CF documents should be grouped after the PDR documents to streamline the microfiching process.
Check all attachments to each document marked "PDR" to ensure that no cocuments to ,
be withheld are inadvertently released. SECY Papers concerning rulemaking issues are generally released to the public. The Staff Requirements Memorandum (SRM) '
generally ccntains instructions from SECY that indicate when and if a SECY Paper, the SRM, and Commission vote sheets may be made available to the public. Any questions concerning the release of any SECY Paper, SRM, or Commissioner vote sheet must be coordinated with the Office of the Secretary. Commission vote sheets may be released to the public if so stated on the vote sheet. Commission vote sheets and SECY Papers that are to be withheld, should be marked " Central Files oniv."
Approximately two weeks after you submit the documents to the NUDOCS you should receive a computer printout listing the documents you submitted to the NUDOCS. If
( you do not receive this printout within two or three weeks, call the Customer Support System, IRM, (415-1234), you will then be transferred to NUDOCS. You should forward a copy of this printout, which comprises the regulatory history index, to the RDB.
If you cannot meet the August .4,1997, deadline, please let me know. If you have any questions, please call me at 415-6863.
Attachment:
As stated t
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NUCLEAR REGULATORY COMMISSION WASHING 1ON, D.C. 20684 l l
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t APR 0 51985 i MEMORANDUM FGR: Robert B. Minogue, Director Office of Nuclear Regulatory Research 1
! Harold R. Denton, Director Office of Nuclear Reactor Regulation F
' l John G. Davis. Director Office of Nuclear Material Safety & Safeguards James M. Taylor. Director i
- Office of Inspection and Enforcement i
l Patricia G. Norry. Director i l
- Office of Administration 1
Guy H. Cunningham, III l Executive Legal Director i
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i G. Wayne Kerr, Director Office of State Programs .
! Clemens J. Heltemes, Jr. Director Office for Analysis and Evaluation of Operational Data i
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- James R. Shea, Director
! Office of International Programs FROM: William J. Dircks Executive Director for Operations j
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SUBJECT:
REGULATORY HISTORY PROCEDURES In a February 15,1985 memorandum to Chairman Palladino, issued jointly with the Office of General Counsel. I informed the Chairman that procedures would be developed for the creation of a regulatory history of each j proposed and final rulemaking initiated by the offices reporting to the EDO.
1 This memorandum outlines the individual office responsibilities for the L
implementation of the regulatory history procedures. The objective of the regulatory history is to ensure that all documents of central relevance to a l
particular rulemaking are identified and accessible. This will facilitate the resolution of any issues that may arise concerning the interpretation of a particular regulation., The following procedures will be applicable to any .
proposed or f' nal rule submitted to the Federal Register for mblication 1
j after the date of this memorandum. The Rules and Procedures franch. Office ,
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of Mministratio% will provide further information on these procedures, as
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necessary, in the periodic revision cf the NRC Regulations Handbook,
- j. NUREG/BR-0053.
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Program Office Responsibilities j
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!' Each office that sponsors a proposed or final rulemaking shall ensure that:
l 1. all documents of central relevance to the factual basis, coverage, meaning, and historical development of the rulemaking are identified, and maintained during the course of the i rulemaking. Although the Project Manager's judgment will be
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necessary in some instances to determine whether specific
- documents are of " central relevance" to a rulemaking, the following documents should be included:
i the Office of Nuclear Regulatory Research (RES) Independent j Review Package (containing the RES reconnendations on whether ,
to proceed with the rulemaking, the sponsoring Office's
,' recomendation to proceed with rulemaking, and the evaluation of the rulemaking proposal against the six criteria required for i( the RES Independent Review) ,
i l . prior drafts of the rulemaking transmitted for interoffice
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review formal Office coments on the drafts submitted for interoffice
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review source documents relied upon in preparing the draft rule (e.g.
' research studies, consensus standards endorsed in the draft rule) documents which synthesize or organize data in a form relied upon in the draft rule 1
. supporting documentation such as the regulatory analysis, the Cost Analysis Group Report, environmental assessment or d environmental impact statement, regulatory flexibility analysis, and OMB Clearance Package t
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public comments submitted in response to a Petition for Rulemaking, an Advanced Notice of Proposed Rulemaking, or a Notice of Proposed Rulemaking i
.. Committee to Review Generic Requirements (CRG.R) minutes and recoamendations concerning the draft rule .
. the ACRS coments on the draft rule F
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, . the Comission Paper transmitting the draft rule to the l
Comission or the memorandum transmitting the rule to the l
EDO for approval
. the transcript or sumary of the Comission meeting or briefing j on consideration of the draft rule
! . the Staff Requirements memo containing the Comission a recommendations on the draft rule
. the Federal Register Notice for the rule (Petition for
. Rulemaking, Advanced Notice of Proposed Rulemaking, Notice of Proposed Register noticeRulemaking, issued concerning Finalthe Rule, rule or any)other Federal
. any other documents of central relevance (e.g. interagency ;
correspondence, agreement state correspondence) l 4
Documents that fall within any of the above categories must l be typewritten rather than handwritten to permit conversion !
into microfiche by the Document Control System (DCS). If the
( only record of substantive office review coments on a draft rule are contained as handwritten annotations on the draft itself, the Project Manager should sumarize these coments in a typed note to the file.
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- 2. At the completion of a particular rulemaking action, i.e.
publication of the proposed or final rule, the project manager
> shall compile an index of all documents that comprise the regulatory history file. The Project Manager is responsible for identifying a source of access for each. document i!sted, i
For internal documents, this will require the Project Manager to ascertain whether each document listed is available in the DCS. The Project Manager must ensure that any internal document not already available in the DCS is placed in the DCS, and that !
the record's accession nuder is identified for each document on the index. In the case of published documents (e.g. NURESS.
NTIS publications, books, articles, etc.), it will be sufficient to include the bibliographic citation for that document. The Project Manager shall forward the completed index to the Rules !
and Procedures Branch. Office of Administration, within sixty days after the completion of the rulemaking. The title of the index, and the file, should be the name of the rule and applicable NRC citation (e g,10 CFR Part 50) as it appears in the Federal Register notic 7. the federal Register citation and date of s
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Office of Administration
! The Rules and Procedures Branch Office of Administration, will be j responsible for ensuring that a completed index of the documents comprising the regulatory history has been compiled for each proposed and final !
rulemaking. The Rules and Procedures Branch is also responsible for retaining I l
- the index and for disseminating copies of the index to interested NRC offices.
i gipeeWiman1.Dirclis l
William J. Dircks I Executive Director for Operations l
! cc: Herzel H.E. Plaine, GC 4
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