ML20149K763
| ML20149K763 | |
| Person / Time | |
|---|---|
| Issue date: | 01/04/1995 |
| From: | Bradley Jones NRC |
| To: | Mccausland J NRC |
| Shared Package | |
| ML20149C780 | List: |
| References | |
| FRN-61FR52388, RULE-PR-20, RULE-PR-32, RULE-PR-35, RULE-PR-36, RULE-PR-39 AF46-1-015, AF46-1-15, NUDOCS 9707300137 | |
| Download: ML20149K763 (1) | |
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&F 46 -l PDAL From: Bradley W. Jones (BWJ)
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To:
JMM2 Date: Wednesday, January 4, 1995 10:16 am
Subject:
Additional comment on Rulemaking I have had the opportunity to discuss the rulemaking changes and comments I provided to you yesterday with OGC management.
The initial reaction is, as I indicated, that we can no longer be relying on our previous notice and comment process (now 2 and 1/2 years ago) as meeting our obligations under the APA.
While we may be able to publish the rules as " interpretive" as I suggested yesterday, there is some question (still unresolved by the courts) as to whether rules adopted under this exemption have as much force and effect as rules adopted after notice and comment. This could result in the definitions being challenged in, for example, an enforcement action.
A question is therefore raised as to whether there is an urgent need to have these become immediately effective, or whether we can wait another sixty days to finalize the rule.
Presumably, if these are really non-controversial, we won't have any significant comments and we can turn the proposed around to publish in final form almost as soon as the comment period is over.
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9707300137 970711 PDR PR 20 61FR52388 PDR 1707300/37
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