ML20207E812

Discusses Applicability of New Proposed Rule 10CFR73.57 Re Requirements for Licensee Access to & Use of FBI Criminal History Data.No Backfit Analysis & Determination Necessary Because New Rule Direct Response to Congressional Mandate

ML20207E812
Person / Time
Issue date:	12/30/1986
From:	Sniezek J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:	Beckjord E, Jennifer Davis, Harold Denton NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS), Office of Nuclear Reactor Regulation, NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML19310E127	List: ML20204G579 ML20205F299 ML20207B348 ML20207E812 ML20207S675 ML20207S684 ML20207S696 ML20207S748 ML20207S967 ML20207S972 ML20207S983 ML20207S995 ML20207T007 ML20207T022 ML20207T044 ML20207T063 ML20207T079 ML20207T095 ML20207T101 ML20207T116 ML20207T135 ML20207T149 ML20207T192 ML20207T233 ML20207T244 ML20207T257 ML20207T269 ML20207T300 ML20207T314 ML20207T337
References
FRN-51FR40438, RULE-PR-73 AC27-2-54, NUDOCS 8701050147
Download: ML20207E812 (2)

Text

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MEMORANDUM FOR: Harold R. Denton, Director, NRR '

John G. Davis, Director, NMSS Eric S. Beck.iord, Director, RES AM i

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James M. Taylor, Director, IE //f Patricia G. Norry, Director, ADM //(,

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FROM: James H. Sniezek Deputy Executive Director Regional Operations and Generic Requirements

SUBJECT:

APPLICABILITY OF RACKFIT P.ULE IN CASES OF NEW COMPLIANCE WITH PUBLIC LAW On November 7,1986, the Comission published a new proposed rule 10 CFR 73.57 concernino requirements for licensee access to and use of FBI criminal history data (51 FR 20438). Because the rulemaking was a direct response to a legis-lative mandate reoutring that the NPC assure such licensee access, the rule-making activity conducted by the NRC staff was not subject to the requirements 6

of 10 CFR 50.109. No backfit analysis and detemination was necessary. The key element in this circumstance that excepts the rulemaking from treatment under 10 CFR 50.I09 is that the new rule is in direct response to a Congres-sional mandate, not the product of a Comission initiative. Also important is that the scope of the new NPC rule is limited to the Congressional mandate, with no additional elements initiated by the Commission.

Similarly, a regulatory guide containing new or revised guidance limited to the scope of the new NRC rule would also be excepted from the specific requirements of 10 CFP 50.109. However, such a proposed rule and any new guidance imple-menting the rule would be subject to CPGP review. Any proposed new or modified generic staff position is subject to CPGR review. The purpose of the CRGR review is to obtain an agency-level review and recomendation that any proposed new staff position (rule in this case) will fulfill the purpose for which it is intended, and that the costs of implementing are appropriately considered in selecting among available alternatives.

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2 MCIi.;988 Any subsequent changes to the " criminal history" rule, or to staff guidance interpreting the rule, which are initiated by the NRC after a final rule is first issued, will in analysis and 50.109(a) general be will (3) determination subject to the backfit rule; i.e., a 50.109(c) be required.

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James H. Sniezek Deputy Executive Director Regional Operations and Generic Requirements .

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