ML20195J832
| ML20195J832 | |
| Person / Time | |
|---|---|
| Issue date: | 03/03/1998 |
| From: | Shelton B NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20195J731 | List: |
| References | |
| FRN-63FR15740, RULE-PR-1, RULE-PR-110, RULE-PR-15, RULE-PR-16, RULE-PR-2, RULE-PR-4, RULE-PR-7, RULE-PR-76, RULE-PR-9 AF89-2-004, AF89-2-4, NUDOCS 9811250077 | |
| Download: ML20195J832 (9) | |
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. .g 44- UNITED STATES p
- j. NUCLEAR REGULATORY COMMISSION
- ? WASHINGTON, D.C. 2056Mio01
%.....[ March 3,1998 MEMORANDUM TO: David L. Meyer, Chief Rules and Directives Branch Offi e of Administralp FROM: n o. hief Record anagement Branch '
Office of tlie Chiefinformation Officer
SUBJECT:
REQUEST FOR COMMENT AND CONCURRENCE ON A FINAL RULE ENTITLED " STATEMENT OF ORGANIZATION AND GENERAL INFORMATION; MINOR AMENDMENTS" 10 CFR PARTS 1,2,4,7,9, 15,16,76, AND 110 The Office of the Chief Information Officer (OClO) has reviewed the subject final rule and concurs in it. However, we recommend that the editorial changes marked on the attached be made prior to publishing the rule. Should you require further information, please contact Doris J. Curseen at 415-5876 or e-mail DJF3.
Attachment:
As stated.
cc w/att: L. Moorin, CIO g120077_981119 1 63FR15740 pop Q$llON .
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Because these amendments deal with agency practice and procedures, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C.
553(b)(A).- The amendments are effective upon publication in the Federal Registen Good (
cause exists to dispense with the usual 30-day delay in the effective date because these amendments are of a minor and administrative nature, dealing with the agency's reorganization.
Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described in categorical exclusion 10 CFR 51.22 (c) (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This final rule cor f ains no information collection requirements and, therefore, is not j, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
List of Subjects 10 CFR Part 1 Organization and functions (Government Agencies)
I 10 CFR Pad 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 4 Administrative practice and procedure, Blind, Buildings, Civil rights, Employment, Equal l-employment oppodunity, Federal aid programs, Grant programs, Handicapped, Loan programs, Reporting and recordkeeping requirements, Sex discrimination.
10 CFR Part 7 Advisory committees, Sunshine Act.
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database,' ensures that the LSS meets the requirements of 10 CFR Part 2, Subpart J, !
conceming the use of the LSS in the Commission's high-level waste licensing proceedings, and provides technical oversight of DOE in the design, development, and operation of the LSS.
- 8. A new undesignated center heading and a new 91.31 are added to read as follows: l Chief Financial Officer
. $ 1.31 Office of the Chief Financial Officer. l
- The Office of the Chief Financial Officer--
(a) Oversees all financial management activities relating to NRC's programs and operations and provides advice to the Chairman on financial management matters; (b) Develops and transmits the NRC's budget estimates to the Office of Management and i Budget (OMB) and Congress; (c) Establishes financial management policy including accounting principles and standards for the agency and provides policy guidance to senior managers on the budget and all other financial rnanagement activities; (d) Provides an agencyyide management control program for financial and program k managers that establishes internal control processes and provides for timely corrective actions regarding material weaknesses that are disclosed to comply with the Federal Manager's FinancialIntegrity Act of 1982; (e) Develops and manages an agencywide planning, budgeting, and performance management process; (f) Develops and maintains an integrated agency accounting and financial management system, including an accounting system, and financial reporting and internal controls; (g) Directs, manages, and provides policy guidance and oversight of agency financial management personnel activities and operations; (h) Prepares and transmits an annual financial management report to the Chairman and the Director, Office of Management and Budget, including an audited financial statement; (i) Monitors the financial execution of NRC's budget in relation to actual expenditures, controls the use of NRC funds to ensure that they are expended in accordance with applicable laws and financial management principles, and prepares and submits to the Chairman timely cost and performance reports; (j) Establishes, maintains, and oversees the implementation of license fee polices and
8 425,'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 issued under 5 U.S.C. 553 and sec. 29, Pub. L.
85s256,71 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).
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).
.12.~ In 9 2.802, paragraphs (b), (e), and (g) are revised to read as follows:
i 2.802 Petition for rulemaking. 1
- (b) A prospective petitioner may consult with the NRC before filing a petition for ruiemaking by writing the Director, Division of Administrative Servipes, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555 tention: Chief, Rules and &
Directives Granch. A prospective petitioner also may telephone the Rules and Directives Branch on (301) 4154163 or toll free on (800) 368-5642.
(e) If it is determined that the petition includes the information required by paragraph (c) of this section and is complete, the Director, Division of Administrative Services, or ciesignee, i
. will assign a docket number to the petition, will cause the petition to be formally docketed, and i will deposit a copy of the docketed petition in the Commission's Public Document Room. Public comment may be requested by publication of a notice of the docketing of the petition in the l l Federal Register or, in appropriate cases, may be invited for the first time upon publication in the Federal Register of a proposed rule developed in response to the petition. Publication will j- be limited by the requirements of section 181 of the Atomic Energy Act of 1954, as amended, l and may be limited by order of the Commission.
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i (g) The Directo , Division of Administrative Services, Office of Administration, will prepare on a semiannual basis a summary of petitions for rulemaking before the Commission, including
- the status of each petition. A copy of the report will be available for public inspection and
' copying for a fee in the Commission's Public Document Room, 2120 L Street, NW.,
Washington, DC 20555-0001.
A
, i o, 1 10-
- be addressed to the U.S. Nuclear Regulatory Commission, Washington, DC 20555. k ~
Communications and reports may be delivered in person to the Commission's offices at 11555 Rockville Pike, Rockville, Maryland 20852-2738.
PART 7 - ADVISORY COMMITTEES
- 17. The authority citation for Part 7 continues to read as follows:
Authority: Sec.161,68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 88 Stat.
1242, as amended (42 U.S.C. 5841); Pub. L.92-463,86 Stat. 770 (5 U.S.C. App.).
18.L in 6 7.22, paragraphs (a) and (b) are revised to read as follows:
$ 7.22 Fiscal and administrative responsibilities.
l (a) The Office of the Chief Financial Officer shall keep such records as will fully disclose the disposition of any funds that may be at the disposal of NRC advisory committees.
(b) The Office of the Chief Information Officer shal1 keep such records as will fully i disclose the nature and extent of activities of NRC advisory committees. -
PART 9 - PUBLIC RECORDS
- 19. The authority citation for Part 9 continues to read as fcl lows:
AUTHORITY: Sec.161,68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201,68 Stat.
1242,'as amended (42 U.S.C. 5841).
Subpart A also issued under 5 U.S.C. 552; 31 U.S.C. 9701; Pub. L.99-570. Subpart B also issued under 5 U.S.C. 552a. Subpart C also issued under 5 U.S.C. 552b.
$ 9.53 [ Amended)
- 20. In S 9.53, paragraph (a), remove the words " Director, Office of Administration" and !
" Director, or his designee" each time they appear, and add in their place the words " Freedom of Information Act and Privacy Act Officer," and in paragraph (b), remove the words " Director, Office of Administration" each time they appear, and add in their place the words " Freedom of Information Act and Privacy Act Officer."
. S 9.54 [ Amended)
- 21. In S 9.54, paragraph (b), remove the words " Director, Office of Administration" and I add in their place the words " Freedom of Information Act and Privacy Act Officer."
l
I1 l 9.60 [ Amended)
- 22. In 9 9.60, paragraph (a), remove the words " Director, Office of Administration or his
' designee," and add in their place the words " Freedom of information Act and Privacy Act Officer."
l 9.65 [ Amended]
. 23. In 9 9.65, in paragraph (a), the introductory text, and paragraph (b), remove the words " Director, Office of Administration, or the Director's designee" each time they appear, and add in their place the words " Freedom of Information Act c.nd Privacy Act Officer" and remove the words "the Assistant inspector General for Audits."
- $ 9.66 Determinations authorizing or denying correction of records; appeals.
24 in 9 9.66,. paragraph (a)(1), the introductory text, and in paragraphs (a)(2) and (a)(3), remove the words " Director, Office of Administration, or the Director's Designee" and odd in their place the words " Freedom of Information Act and Privacy Act Officer," in
^
- paragraph (c)(2), remove the words " Director, Office of Administration," and add in their place the words " Freedom of Information Act and Privacy Act Officer," in paragraphs (a)(1) and (a)
(2) remove the words " Assistant inspector General for Audits," each time they appear, and revise paragraph (b) to read as follows:
(b) Appeals from initialadverse determinations. If an individual's request to amend l or correct a record has been denied, in whole or in part, the individual may appeal that action and request a final review and determination of that individual's request by the Inspector General or the Executive Director for Operations, as appropriate. An appeal of an initial determination must be filed within 60 days of the receipt of the initial determination. The appeal must be in writing and addressed to the Freedom of Informatiop and Privacy Act Officer, p U.S. Nuclear Regulatory Commission, Washington DC 20555, for subm*sion to the appropriate V
. appellate authority for a final determination. The appeal should clearly state on the envelope i
and in the letter " Privacy Act Correction Appeal." The NRC does not consider an appeal that is not marked as indicated in this paragraph as received until it is actually received by the Inspector General or Executive Director for Operations. Requests for final review must set forth the specific item of information sought to be corrected or amended and should include, where 1
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Lappropriate, documents supporting the correction er amendment.
.'l- 9.59. [ Amended]
.25.1 In 6 9.69, paragraph (a), remove the words,? Director, Office of Administration, or his 4 designee". and add in their place. the words "Freedorr, of Information Act and Privacy Act
- Officer." 'i
($ 9.85 [ Amen'ded]
J26; in $ 9.85; remove the words. " Director, Division of Freedom of Information and Publications Services" and add in their place the words " Freedom of Information Act'and Privacy Act Officer.
PART 15 - DEBT COLLECTION PROCEDURES l
- 27. The authority citation for Part 15 continues to read as follows:
j ; AUTHORITY: Secs. 161,186,68 Stat. 948,955, as amended (42 U.S.C. 2201,2236)
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L amended (31 U.S.C. 3711,371713718); sec 1, Pub.'L.97-258,96 Stat. 972 (31 U.S.C.3713);
. y
. sec. 5, Pub. L.89-508, 80 Stat. 308, in amended (31 U.S.C. 3716); Pub. L.97-365, 96 Stat.
!: 1749 (31 U.S.C. 3719); Federal Claims Colledion Standards,'4 CFR 101-105.
.28. Section 15.3 is' revised to read as folivas:
, t 15,3 Communications'. j
- Unless otherwise specified, all communications co,,cerning the regulations in this part
.: should be addressed to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC LeCb \
l
'20555 9,TTN: Rulemakings and Adjudications Staff. Communications may be delivered in
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person to the Commission's offices located at 11555 Rockville Pike, One White Flint North,
,; ; Rock' v ille, Maryland 20852.--MN -
y s p 129. In 615.35, the introductory text of paragraph (c)is revised to read as follows:
p, 4515.35 Payments.
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t (cl To whom payment is made. Payment of a debt is made by check, electronic transfer, draft, or money order payable to the United States Nuclear Regulatory Commission and mailed or delivered to the Division of Accounting and Finance, Off he Chief Financial
- Officer, U.S;. Nuclear Regulatory Commission, Washington, DC 20555, unless payment is --- k E
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+ + - ' -- rer ,, =
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14 (e) l (3) Copies of NRC Form 3 may be obtained by writing to the gign ligtfpce ll t in appendix D to part 20 of this chapter or by contacting the NRC Informet!= e= Amrtr , " ' '
- Ma egem-fBranch.
PART iiO - EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL
- 34. The authority citation for Part 110 continues to read as follows:
AUTHORITY: Secs. 51,53,54,57,33,64,65,81,82,103,104,109,iii,126,127,128, 129,161,181,182,183,187,189, 68 Scat. 929, 936, 931, 932, 933, 936, 937, 948, 953, 954, l
955,956, as amended (42 U.S.C. 2071,2073,2074,2077,2092-2095,2111,2112,2133, l 2134,2139,2139a,2141,2154-2158,2201,2231-2233,2237,2239); sec. 201,88 Stat.1242, as amended (42 U.S.C. 5841); sec. 5, Pub. L.101-575,104 Stat 2835 (42 U.S.C.1243).
1 Sections 110.1(b)(2) and 110.1(b)(3) also issued under Pub. L. 96-92, 93 Stat. 710 (22 U.S.C. 2403). Section 110.11 also issued under sec.122,68 Stat. 939 (42 U.S.C. 2152) and secs. 54c and 57d.,88 Stat. 473,475 (42 U.S.C. 2074). Section 110.27 also issued under sec. 309(a), Pub. L.99-440. Section 110.50(b)(3) also issued under sec.123,92 Stat.142 (42 U.S.C. 2153). Section 110.51 also issued under sec.184,68 Stat. 954, as amended (42 ;
U.S.C. 2234). Section 110.52 also issued under sec.186,68 Stat. 955 (42 U.S.C. 2236).
Sections 110.80-110.113 also issued under 5 U.S.C. 552,554. Sections 110.130-110.135 also
- issued under 5 U.S.C. 553. Sections 110.2 and 110.42 (a)(9) also issued under sec. 903, Pub.
- L.102-496 (4? U.S.C. 2151 et seq.). I i
- r I' ,
15-
- 35. In 9110.131, paragraph (a) is revised to read as follows:
$ 110.131 Petition for rulemaking.
(a)' A petiiion for rulemaking should be addressyd to the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555 ttention: Rulemakings and Adjudications Staff.
- Dated at Rockville, Maryland, this . day of V 998. L~ l For the' Nuclear Regulatory Commission.
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I.. Joseph Callan, Executive Director for Operations.
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