ML20212E331

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Forwards Regulatory Documents Comprising Regulatory History of Notice of Final Rulemaking Entitled, Notice to Employees:Minor Amend Which Amends 10CFR19 (AF66-2).Notice Published in Fr on 970915
ML20212E331
Person / Time
Issue date: 10/30/1997
From: Haisfield M
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20013C593 List:
References
FRN-62FR48165, RULE-PR-19 AF66-2-001, AF66-2-1, NUDOCS 9711030156
Download: ML20212E331 (1)


Text

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NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C. 2%55401

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/0/3*/97 MEMORANDUM TO: Nuclear Document System (NUDOCS)

FROM: Mark Haisfield, Regulations Developmenc Branch .

Division of Regulatory Applications /'

Office of Nuclear Regulatory Research

SUBJECT:

REGULATORY HISTORY (62 FR 48165) 1 Attached for your processing are the regulatory documents ccmprising the regulatory history of the Notice of Final Rulemaking entitled ' Notice to Employees: Minor Amendment" which amends 10 CFR Part 19 (AF66 2). This notice was published in the Federal Reaiste.t on September 15. 1997 (62 FR 48165).

If you have any questions or if I can be of further assistance, please call me at 415-6196,

Attachment:

Regulatory History Documents for PDR -- 6 Documents Regulatory History Documents for CF -- 15 Documents ,

(including this cover memo)

Distribution: '

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USNRC NUCLEAR REGULATORY COMMISSION

'97 SEP 12 A8:22 10 CFR Part 19 cppq gg gg, 2, r g RUUAW L % ;ea RIN: 3150 AF66 ADJUDiCATf 6 MAFF Notice to Employe- Minor Amendment i;0Cr(ET NUMBER AGENCY: Nuclear Regulatory Commission PROPOSED RULE PR 19

((o 9 FR t]gl65)

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.

/$ /197 EFFECTIVE DATE: The final rule is effective on th^ dat^ it i; p Ali;h;d ir, the ridccel Rugin ci, FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-6196, e mail MFH@NRC, GOV.

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SUPPLEMENTARY INFORMATION

Background

The purpose of this amendment to 10 CFR Part 19 is to prviulgate a ,

change to incorporate a reference to the latest NRC Form 3. NRC regulations in 619.11,

  • 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 Xentucky is under the purview of Region 111 and to show a new NRC address

,or i c on II. Because licensees and applicants are required to prominently pest the ;urrent version of NRC Form 3. I 19.111s 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 the 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.

Because this is an amendment dealing with agency organization, practice.

an't 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

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  • - 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 f the CFR to reference the latest version of NRC Form 3.

Compatibility of Agreement State Regulations -

under " Policy Statement on Adequacy and Compatibility of Agreement ,

States." approved by the Commission on June 30,1997. I 19.11 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 wiich the essential objectives are  ;

addressed may be different than that used by the NRC. l j

Environmental Impact: Categorical Exclusion 4

- The Commission has- determined tnat this final rule is the type of action ,

described in categorical exclusion 10 CFR 51.22(c)(1), Therefore, neither an ,

environmental impact statement nor an environmental assessment has been

. prepared for this final rule.

i Paperwork Reduction Act Statement This- final rule does not contain a new or amended information collection requirement subject'to the Paper Reaue ~ Act of 1995 (44 U.S.C. 3501 et--

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seq.L; Existing requirements were approved by the Of fice of Management;and Budget, approval 3150-0044.

1 Public Protection Notification l

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 rulc because this, rule in (onsidered 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 s Act'of 1996, the NRC has' determined that this 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. Occupa,ional safety and health. Radiation protection. Reporting and recordkeepine 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 619.11, paragraphs (c)(1) and (c)(2) are revised to read as follows:

I 19.11 Posting of notices to workers.

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(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 Comission.

(c)(2) Additional copies of NRC Form 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Comission 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, Dated at Rockville Maryland this M day of 1997.

For the Nuclear Regulatory Commission.

L. Josh -CalFan Execut e Director for Operations, 6