ML20198G826

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Forwards Mgt Directive 5.6 Integrated Materials Performance Evaluation Program. Ltr Supercedes That Which Previously Provided on 971010.NRC Determined That MD 5.6 Not Major Rule, as Defined in 5 Usc 804(2)
ML20198G826
Person / Time
Issue date: 11/23/1998
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
References
NUDOCS 9812290178
Download: ML20198G826 (6)


Text

'

The Honorabla N:wt Gingrich Sprak:r of th] United Stat::s House of R: pres:ntatives Washington, DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1966, 5 U.S.C. 801, the U.S. Nuclear Regulatory Commission (NRC) is submitting the enclosed Management Directive 5.6 (MD 5.6), Integrated Materials Performance Evaluation Program (IMPEP). Note, this letter supercedes that which was previously provided October 10,1997.

Under Section 274 of the Atomic Energy Act of 1954, as amended, the NRC is authorized to enter into agreements with the Governor of any State, whereby the State is authorized as an Agreement State (A/S) to regulate the use of reactor-produced isotopes (byproduct materials),

source materials, special nuclear materials in quantities not sufficient to form a critical mass, uranium mill tailings, and the disposal of low-level radioactive waste. The NPC periodically reviews each A/S program and actions taken by the State under its Agreement to ensure compliance with Section 274 of the Act. Under MD 5.6, the radiation control program reviews are performed in an integrated manner, using common performance indicators, to ensure that the public health and safety is beir.g adequately protected. The objectives of IMPEP are to:

(1) establish the process by which NRC conducts its periodic assessment to determine the adequacy of NRC regional and A/S licensing and inspection programs; (2) provide NRC and A/S management with a more systematic and integrated approach to evaluate the strengths and weaknesses cf their nuclear material licensing and inspection programs; and (3) provide significant input in the regulatory decision-making process and indicate areas in which NRC and i

A/S should dedicate more resources or management attention.

We have determined that MD 5.6 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.

A Notice of issuance was published in the Federal Reaister on October 16,1997, informing the public of the availability of MD 5.6.

Sincerely, Original signed by DKRathbun g22g8 Mf((

Dennis K. Rathbun, Director PDR Office of Congressional Affairs

Enclosure:

As stated 1

Y'O Distributi'ok!

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  • ldentical letters (attached) sent to: The Honorable Al Gore and Robert Murphy DOCUMENT NAME: G:\\KXS\\SBREFA. ROV l
  • See previous concurrence.

Ts recive a copy of this document, indicate in the box: "C" = Coph4t3 0u( attachment /enciesure "E" = Copy with attachment / enclosure

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DRathhtlp DATE 12/12/97*

12/15/97*

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OSP FILE CODE: SP-S-16; SP-l-2; SP-C-12

Tho Honorable Newt Gingrich Speaksr of tha United St:t::s Houss of Riprasentativss Washington, DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory nforcement Fairness Act of 1966, 5 U.S.C. 801, the U.S Nuclear Regulatory Commission RC)is submitting the enclosed Management Directive 5.6 (MD 5.6), Integrated Material Performance Evaluation Program (IMPEP). Note, this letter supercedes that which was pr viously provided October 10,1997.

Under Section 274 of the Atomic Energy Act of 1954, a amended, the NRC is authorized to enter into agreements with the Govemor of any State, hereby the State is authorized as an Agreement State (A/S) to regulate the use of reactor-p uced isotopes (byproduct materials),

source materials, special nuclear materials in quantitie not sufficient to form a critical mass, uranium mill tailings, and the disposal of low-level radi active waste. The NRC periodically reviews each A/S program and actions taken by the S ate under its Agreement to ensure compliance with Section 274 of the Act. Under M.D. f.6, the radiation control program reviews are performed in an integrated manner, using comm performance indicators, to ensure that j

the public health and safety is being adequately prot cted. The objectives of IMPEP are to: (1) establish the process by which NRC conducts its pe odic assessment to determine the adequacy of NRC regional and A/S licensing and in etion programs; (2) provide NRC and i

A/S management with a more systematic and integr ted approach to evaluate the strengths and weaknesses of their nuclear material licensing nd inspection programs; and (3) provide significant input in the regulatory decision-making ocess and indicate areas in which NRC and A/S should dedicate more resources or managem t attention.

We have determined that M.D. 5.6 is not a " major ule," as defined in 5 U.S.C 804(2). We have confirmed this determination with the Office of Ma agement and Budget.

A Notice of issuance was published in the Federail Reaister on October 16,1997, informing the public of the availability of M.D. 5.6.

Sincerely l

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated Distribution:

i DIR RF EDO RF DCD (SP03)

SDroggitis SCrockett, OGC Virgilio PDR (YES_.y'_ NO

)

FCameron, OGC MLesar, ADM MPEP File DMeyer, ADM SBREFA File ongressional File

  • ldentical letters (attached) sent t : The Honorable Al Gore and Robert Murphy DOCUMENT NAME: G:\\KXS\\SBREFA. ROV n To facehe a cop r of this document, Indicate in the box: "C" = M witout a ment /enck sure "E" = Copi with attachment / enclosure "N" = No copy I

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NAME KSchneider:nb PHLonabi '

l RLBangart DRathbun DATE 12/a/97 12/)') /97

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OSP FILE CODE: SP-S-16; SP-l-2; SP-C-12 NOTE: W P 5.1 ISK TO RRDB M/S T-6-D59 W/THREE OPIES OF ENCLOSURE

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i UNITED STATES

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NUCLEAR REGULATORY COMMISSION 4

WASHINGTON, D.c. enana anni November 23, 1998 The Honorable Newt Gingrich Speaker of the United States House of Representatives Washington, DC 20515

Dear Mr. Speaker:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1966, 5 U.S.C. 801, the U.S. Nuclear Regulatory Commission (NRC) is submitting the enclosed Management Directive 5.6 (MD 5.6), Integrated Materials Performance Evaluation Program (IMPEP). Note, this letter supercedes that which was previously provided October 10,1997.

Under Section 274 of the Atomic Energy Act of 1954, as amended, the NRC is authorized to enter into agreements with the Governor of any State, whereby the State is authorized as an Agreement State (NS) to regulate the use of reactor-produced isotopes (byproduct materials),

source materials, special nuclear materials in quantities not sufficient to form a critical mass, uranium mill tailings, and the disposal of low-level radioactive waste. The NRC periodically reviews each NS program and actions taken by the State under its Agreement to ensure compliance with Section 274 of the Act. Under MD 5.6, the radiation control program reviews are performed in an integrated manner, using common performance indicators, b ensure that the public health and safety is being adequately protected. The objectives of IMPEP are to:

(1) establish the process by which NRC conducts its periodic assessment to determine the adequacy of NRC regional and NS licensing and inspection programs; (2) provide NRC and NS management with a more systematic and integrated approach to evaluate the strengths and weaknesses of their nuclear material licensing and inspection programs; and (3) provide significant input in the regulatory decision-making process and indicate areas in which NRC and NS should dedicate more resources or management attention.

We have determined that MD 5.6 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.

A Notice of issuance was published in the Federal Reaister on October 16,1997, informing the public of the availability of MD 5.6.

Sincerely, 1

Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated i

J

_.7 o

Lenqk UNITED STATES

5 NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. asseMem November 23, 1998 y

The Honorable Al Gore President of the United States Senate Washington, DC 20510 Dear Mr. President-Pursuant to Subtitle E of the Small Business Regulatory Enforcement Faimess Act of 1966, 5 U.S.C. 801, the U.S. Nuclear Regulatory Commission (NRC) is submitting the enclosed Management Directive 5.6 (MD 5.6), Integrated Materials Performance Evaluation Program (IMPEP). Note, this letter supercedes that which was previously provided October 10,1997.

Under Section 274 of the Atomic Energy Act of 1954, as amended, the NRC is authorized to enter into agreements with the Governor of any State, whereby the State is authorized as an Agreement State (NS) to egulate the use of reactor-produced isotopes (byproduct materials),

source materials, special nuclear materials in quantities not sufficient to form a critical mass, uranium mill tailings, and the disposal of low-level radioactive waste. The NRC periodically reviews each NS program and actions taken by the State under its Agreement to ensure compliance with Section 274 of the Act. Under MD 5.6, the radiation control program reviews I

are performed in an integrated manner, using common performance indicators, to ensure that the public health and safety is being adequately protected. 'he objectives of IMPEP are to:

(1) establish the process by which NRC conducts its periodic assessment to determine the adequacy of NRC regional and NS licensing and inspection programs; (2) provide NRC and NS management with a more systematic and integrated approach to evaluate the strengths and weaknesses of their nuclear material licensing and inspection programs; and (3) provide i

significant input in the regulatory decision-making process and indicate areas in which NRC and NS should dedicate more resources or management attention.

We have determined that MD 5.6 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.

A Notice of issuance was published in the Federal Reaister on October 16,1997, informing the public of the availability of MD 5.6.

Sincerely, W

J Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated

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UNITED STATE' g

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NUCLEAR REGULATORY LvMMISSION 2

WASHINGTON, D.C. 30006 4 001

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November 23, 1998 Mr. Robert P. Murphy General Counsel General Accounting Office 441 G Street, NW, Room 7175 Washington, DC 20548

Dear Mr. Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1966, 5 U.S.C. 801, the U.S. Nuclear Regulatory Commission (NRC) is submitting the enclosed Management Directive 5.6 (MD 5.6), Integrated Materials Performance Evaluation Program (IMPEP). Note, this letter supercedes that which was previously provided October 10,1997.

Under Section 274 of the Atomic Energy Act of 1954, as amended, the NRC is authorized to enter into agreements with the Governor of any State, whereby the State is authorized as an Agreement State (NS) to regulate the use of reactor-produced isotopes (byproduct materials),

source materials, special nuclear materials in quantities not sufficient to form a critical mass, uranium mill tailings, and the disposal of low level radioactive waste. The NRC periodically reviews each NS program and actions taken by the State under its Agreement to ensure compliance with Section 274 of the Act. Under MD 5.6, the radiation control program reviews are performed in an integrated manner, using common performance indicators, to ensure that the public health and safety is being adequately protected. The objectives of IMPEP are to:

(1) establish the process by which NRC conducts its periodic assessment to determine the adequacy of NRC regional and NS licensing and inspection programs; (2) provide NRC and NS management with a more systematic and integrated approach to evaluate the strengths and weaknesses of their nuclear material licensing and inspection programs; and (3) provido significant input in the regulatory decision-making process and indicate areas in which NRC and NS should dedicate more resoJrces or management attention.

We have determined that MD 5.6 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.

A Notice of issuance was published in the Federal Reaister on October 16,1997, informing the public of the availability of MD 5.6.

Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

As stated

i U.S. NUCLEAR REGULATORY COMMISSION

}

l TN: DT-97-19 To:

NRC Management Directives Custodians l

Subject:

Transmittal of Directive 5.6," Integrated Materie't Performance Evaluation Program (IMPEP)"

4 I

Purpose:

Directive and Handbook 5.6 are being revised to include the i

evaluation criteria for the non-common performance indicators and

)

the final Policy Statement on Adequacy and Compatibii%y of j

Agreement State Programs approved by the Commis., ion on June 30, j

1997.

l Office of Origin:

Office of State Programs and Office of Nuclear Material Safety and Safeguards i

l

Contact:

Kathleen Schneider,415-2320 George Deegan,415-7834 l

Date Approved:

September 12,1995 (Revised: November 25,1997) l Volume:

5 Governmental Relations and Public Affs:rs Directive:

5.6 Integrated Materials Performanc. Evaluation j

Program (IMPEP)

Availability:

U.S. Government Printing Office, e-mail internet:amchride@gpo.go(v202) 512-2409 or O

OFFICE OF ADMINISTRATION