ML20198M136

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Submits Comments Re Changes to Deliberate Misconduct Rule, 10CFR30.10,40.10,50.5,60.11,61.9b,70.10,72.12,110.7b & Parts 52 & 71
ML20198M136
Person / Time
Issue date: 06/14/1996
From: Bangart R
NRC OFFICE OF STATE PROGRAMS (OSP)
To: Morrison D
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20198L674 List:
References
FRN-57FR1890, FRN-63FR1890, RULE-PR-110, RULE-PR-150, RULE-PR-30, RULE-PR-32, RULE-PR-40, RULE-PR-50, RULE-PR-52, RULE-PR-60, RULE-PR-61, RULE-PR-70, RULE-PR-71, RULE-PR-72 AF35-2-037, AF35-2-37, NUDOCS 9801200001
Download: ML20198M136 (1)


Text

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  • %,,,,,[ ' June 14, 1996 HEMORANDUM TO: David L. Morrison, Director Office of Nuclear Regulatory Research FROM: Richard L. Bangart, Director / 7 LAf< fgjf Office of State Programs [/t j (

SUBJECT:

PROPOSED RULE - CFIANGES TO DELIBERATE MISCONDUCT RU ,

10 CFR 30.10, 40.10, 50.5, 60.11, 61.9b, 70.10, 72.1 ,

110.7b, AND PARTS 52, AND 71 (WITS-960007)

Ws have reviewed the subject document and would like to offer the following comments for your consideration.

1. The Federal Reaister Notice In the Background section on pages 4-5, the sentence should be revised as follows:

Inaddition,10CFR150.2makestheruleapplicablejopersons conducting activities witMn-NRCis hidfj6fec]pfocity jurisdiction, undee-reo4 proc 44y-w4th~4~ n-Aji4ement-54

les fee (enlo_fgNRCfnfaf ~ 10 C 150.20).
2. A section on compatibility should be added to read as follows:

Comnatibility of Aareement State Reaulations This rule is designated a Division-3 matter of compatibility with respect to Agreemant State regulations because the rule desis primarily with procedural catters regarding issuance of orders and civil penalties to unlicensed persons fcr deliberate misconduct. In addition to license applicants, these changes expand applicability of the rule to include individuals or persons such as contractors, consultants and their employees. Such matters are addressed individually by States through each State's administrative code. Division-3 regulations are appropriate for Agreement States to adopt, but do not require.

any degree of uniformity between NRC and Agreement State rules. Agreement States are not required to adopt the regulatory approach identified in Division-3 regulations.

/ Nith the addition of the changes as recommended above, we concur in this

/ proposed rule. We appreciate the opportunity to review and comment on this rulemaking action.

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.,*..../ June 17, 1996 MEMORANDUM TO: David L. Morrison, Director Office of Nuclear Regulatory Research /

William T. Russell, Director C

FROM:

OfficeofNuclearReactorRegulatio[nJ-M, g(

SUBJECT:

NRR REVIEW OF PROPOSED RULE: CHANGES TO THE DELIBERATE MISCONDUCT RULE NRR has reviewed the subject proposed rule package as requested by your June 3, 1996, memorandum, and concurs with the proposed rulemaking. However, we'recomecnd you conside* renumbering the new section to be included in Part 52, placing it in "Subpart D-Violatiens" at 552.115.

CONTACT: Michael Case, NRR/DRPM 415-1059 4

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i MEMORANDUM 10: David L. Morrison, Director

- Office of Nuclear Regulatory Research '

TROM: Carl J. Paperiello, Director OfficeofNuclearMaterialSafety[-6.'J~'!L[

and Safeguards

SUBJECT:

PROPOSED RULE - CHANGES TO THE DEllBERATE MISCONDUCT RULE I am responding to your June 3, 1996, memorandum requesting review and i

concurrence on proposed rulemaking to amend the regulations that established the Deliberate Misconduct Rule, effective date September 16, 1991. The Office of Nuclear Material Safety and Safeguards concurs, if references to the

" Certificates of Registration" are added to the proposed Section 30.16, and if i references to the " quality assurance program approvals" are added to the proposed Section 71.6b. Attached is a markup centaining corrections and additions for use in finalizing the proposed rule. These modifications will 1

align the proposed rule to the rulemaking plan.

CONTACT: Steven L. Baggett, NMSS/lMNS (301) 415-7273 e cx w.).i A l

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