ML20198H628
| ML20198H628 | |
| Person / Time | |
|---|---|
| Issue date: | 08/28/1997 |
| From: | Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-62FR48165, RULE-PR-19 AF66-2-002, AF66-2-2, NUDOCS 9709220045 | |
| Download: ML20198H628 (6) | |
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USNRC NUCLEAR REGULATORY COMMISSION W SEP 12 A8:22 10 CFR Part 19 OFFOL . 1 Fir RIN: 3150 AF66 (((f si. .*yhp kI(5h{
Notice to Employees: Minor Amendment COCKET NIMBER AGENCY: Nuclear Regulatory Commission. PROPOSED RULE Pfl 19
((o 9 FR 4gI65)
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Commission (NRC) is amending its regulations to refer to the August 1997 NRC Form 3. " Notice to Employees or the latest version of this form provided by the Commission. This action is necessary because the version referenced in the Code of Federal Regulations (CFR) has been updated. This action also eliminates the need to update the Commission's regulations every time the form is changed.
/& /19'1 EFFECTIVE-DATE: The final rule is effective on th^ date it is p211:Scd in the Tcdc el Reyinei FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory Commission. Washington. DC 20555-0001. O telephone 301-415-6196.- e-mail MFH@NRC. GOV. l Lald 86 ilHill)Hll,Ril 9709220045 970828
])s /I 62 48165 PDR M * &M 9//5/91 nt&,.wn ni&S
u SUPPLEMENTARY INFORMATION
Background
The purpose of this amendment to 10 CFR Part 19 is to promulgate a change to incorporate a reference to the latest NRC Form 3. NRC regulations in 5 19.11. " Posting of notices to workers." specify that licensees post the
-January 1996 revision of NRC Form 3. " Notice to Employees." A new version of the form was issued in August 1997 to inform industry workers that the responsibility for investigating discrimination complaints within the Department of Labor has been transferred from the Wage and Hour Division to the Occupational Health and Safety Administration. Additionally. NRC Form 3 has been revised to indicate that the Paducah Gaseous Diffusion Plant located in Kentucky is under the purview of Region III and to show a new NRC address for Region II. Because licensees and applicants are required to prominently post the current version of NRC Form 3. l 19.11 is being updated to specify the use of the August 1997 version of NRC Form 3. To eliminate the need to revise the CFR whenever NRC Form 3 is changed, i 19.11 is also being revised to specify the use of later versions of NRC Form 3 that supersede the August 1997 version within 30 days of receiving che revised NRC Form 3 from the Commission. The NRC will inform licensees of future changes to NRC Form 3 by an administrative letter and. in addition, the availability of any new versions will be noticed in the Federal Register.
a Because this is an amendment dealing with agency organization, practice, and procedure, the notice and comment provisions of the Administrative Procedure Act do not apply pursuant to 5 U.S.C. 553(b)(A). The amendment is effective upon publication in the Federal Register. Good cause exists to 2
-dispense with'the usual 30 day delay in the effective date because the amendment is of a minor and administrative nature dealing with an update to-
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the CFR to reference-the latest' version of NRC Form 3.
Compatibility )f Agreement State Regulations
- Under " Policy Statement on Adequacy and Compatibility of Agreement-States," approved by the Commission on June-30,1997. I 13.11 is listed as
-compatibility category "C." Under compatibility category C, the enential objectives should be adopted by the State to avoid conflicts. duplications or-gaps with NRC regulations. The manner in which the essential objectives are addressed may be different than that used by the NRC.
Environmental Impact: Categorical Exclusion-The Commission has determined that this final rule is the type of action described in categorical exclusion 10 CFR-51.22(c)(1). Therefore, neither an environmentar impact statement nor-an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This final rule does not contain a new or amended information collection requirement subject to the Paper Reduction Act of 1995 (44 U.S.C. 3501 et 3
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seq.). Existing requirements were approved by the Of fice of Management and Budget, approval 3150-0044.
Public Protection Notification The NRC may not conduct or sponsor. and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.
Regulatory Analysis A regulatory analysis has not been prepared for this final rule because this rule is considered minor and not a substantial amendment; it has no economic impact on NRC licensees or the public.
Small Business Regulatory Enforcement Fairness Act In accordance with the Small Business Regulatory Enforcement Fairness Act cf 1996, the NRC has determined that tnis action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs. Office of Management and Budget.
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List of Subjects 10 CFR Part-19 Criminal. penalties. Environmental protection. Nuclear materials. Nuclear power plants and reactors. Occupational safety and health. Radiation
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protection. Peporting and recordkeeping requirements. Sex discrimination.
For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended: the Energy Reorganization Act of 1974, as amended: and 5 U.S.C. 552 and 553: the NRC is adopting the following amendment to 10 CFR Part 19.
PART 19--NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION AND INVESTIGATIONS
- 1. The authority citation for Part 19 continues to read as follows:
AUTHORITY: Secs. 53. 63. 81. 103. 104. 161.-186. 68 Stat. 930. 933.
935. 936.-937, 948, 955, as amended, sec. 234. 83 Stat. 444, as amended sec. 1701. 106 Stat. 2951, 2952. 2953 (42-U.S.C 2073. 2093, 2111, 2133, 2134, 2201, 2236, 2282 2297f): sec. 201. 88 Stat. 1242, as amended (42 U.S.C. 5841): Pub.
L.95-601, sec. 10. 92 Stat. 2951 (42 U.S.C. 5851).
- 2. In 519.11. paragraphs (c)(1) and (c)(2) are revised to read as follans:
1 19.11 Posting of notices to workers.
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a (c)(1) Each licensee and each applicant for a specific license shall prominently post NRC Form 3. " Notice to Employees." dated August 1997. Later versions of NRC Form 3 that supersede the August 1997 version shall replace the previously posted version within 30 days of receiving the revised NRC Form 3 from the Commission.
(c)(2) Additional copies of NRC Form 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Commission Regional Office listed in Appendix 0 to Part 20 of this chapter or by calling the NRC Information and Records Management Branch at 301-415-7232.
'N Dated at Rockville. Maryland this 3 day of A L g 1997.
For the Nuclear Regulatory Commission.
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L. Jos ~ Calfan Execut Director for Operations.
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