ML20212E347
| ML20212E347 | |
| Person / Time | |
|---|---|
| Issue date: | 09/03/1997 |
| From: | Bahadur S NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES) |
| To: | Meyer D NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML20013C593 | List: |
| References | |
| FRN-62FR48165, RULE-PR-19 AF66-2-003, AF66-2-3, NUDOCS 9711030160 | |
| Download: ML20212E347 (12) | |
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Septeter 3,1997 g{d '.]
MEMORANDUM 10: David L. Heyer. Chief Rules and Directives Branch Division of Administrative Services Office of Administration FROM: Sher Bahadur. Acting Chief Regulation Development Branch Division of Regulatory Applications Office of Nuclear Regulatory Research
SUBJECT:
IMPLEMENTATIONOFACTION~BY1HEEXECUTIVEDIRECTORFOR-OPERATIONS: FINAL RULE 4
On August 28. 1997, the Executive Director for Operations approved the final rule titled. " Notice to Employees: Minor Amendment" amending 10 CFR Part 19.
Please implement the E00's actions (not before September 8. 1997) by arrc.iging
~ for publication of the attached final rule in the Federal Reaister.
Also attached are the SBREFA letters for transmittal to OCA.
Attachments:
- 1. Federal Register Notice of Final Rule
+ 11 Co)ies & Diskette
- 2. SBREFA .etters
- 3. Approved for Publication Distribution:
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NbCLEAR REGULATORY COMMISSION 10 CFR Part 19
.RIN: 3150 AF66 Notice to Employees: Minor Amendment l AGENCY: Nuclear Regulatory Commission, ACTION:. Final rule.
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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. Tliis action also eliminates the need to update the Commission's regulations every time the form is changed. ,
EFFECTIVE DATE: The final rule is effective on the date it is published in the Federal Register.
i FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear Regulatory Research,;U.S. Nuclear Regulatory Comission, Washington. DC 20555-0001.
- elephone 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 promulgate a change to incorporate a reference to the latest NRC Form 3. NRC regulations
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in 5 19.11. " Posting of notices to workers." specify that licensees post the January 1996 revision of NRC Form 3. "Notic' to Employees." A new version of t% 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 111 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, 5 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 wrienever NRC Form 3 is changed, 519.11 is also being revised to specify the use of later versions of NRC Form 3 that supersede the August 1997 version within 30 dcys 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, and procedure, the notice and coment provisions of the Administrative l Procedure Act do not apply pursuant to 5 U.S.C. 553(b)(A).. The amendment is effectiveuponpubl[cationintheFederalRegister. Good cause exists to 2
l 1
e 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 .
the CFR to reference the latest version of NRC Form 3.
Compatib111ty 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 essential 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 environmental impact stetement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This fiqal 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
4 seq.). Existing- requirements were approved by the Office of Management and Budget. approval 3150-0044.
Public Protection Notification The NRC may not conduct or sp"onsor, 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 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.
4
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. Reporting 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 Las 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 follows:
5 19.11 Posting of notices to workers.
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i (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.
'd Dated at Rockville. Maryland this M day of Awi 1997.
O For the Nuclear Regulatory Commission.
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L.Jos4HCalfan ExecutheDirectorforOperations.
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ATTACliMENT 2 SBREFA LETTERS
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- ...a Mr. Robert P. Murphy General Counsel General Accounting Office - -
Room 7175 441 G. St. NW.
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 Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in 10 CFR Part 19. The NRC is amending its regulations because NRC Form 3. " Notice to Employees."
referenced in the Code of Federal Regulations. has been updated and to eliminate the need to update the Commission's regulations every time'the form is changed in the future.
We have determined that this rule 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.
c.nclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. This final rule will become effective when it is published in the Federal Register.
Sincerely.
Dennis K. Rathbun. Director Office of Congressional Affairs
Enclosure:
Final Rule
n e
Mr. Robert P. Murphy General Counsel General Accounting Office Room 7175 '
441 G. St.. NW.
Washington, DC 20548
Dear Mr. Murphy:
Pursuant ..to Subtitle E of the Small Business Regulatory Enforecar,t Fairness Act of 1996. 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting . final amendments to the Commission's rules in 10 CFR Part 19. The NRC is amending its regulations because NRC Form 3. " Notice to Employees."
referenced in the Code of Federal Regulations, has been updated and to eliminate the need to update the Commission's regulations every time the form is changed in the future.
We have determined that this rule 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.
Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register fer publication. This final rule will become effective when it.is published in the Federal Register.
Sincerely.
Dennis K. Rathbun. Director Office of Congressional Affairs
Enclosure:
Final Rule DISTRIBUTION:
EDO R/F RAuluck FCostanzi LRiani DOCUMENT HAME:0:\HAISFIEL\FORH3\CGL FAIR To receive a copy of this document, indicate in the box: "C" = Copy without attach-ment / enclosure "E" = Copy with attachment /erclosure "N" = No copy o see previous concurrence l0FFICE RDB:DRA* RDB:DRA* D:DRA* l 0:0CA lNAME MHaisfield SBahadur JMurphy DRathbun lDATE 7/31/97 8/07/97 8/10/97 / /97 0FFICIAL RECORD COPY (RES File Code) RES ._
l
Mr. Robert P. Murphy-
-General Counsel General Accountin Office Room 7175 441 G. St., NW, Washington. DC 205 8
Dear Mr. Murphy:
Pursuant to Subtitle of the Small Business.Rogolatoqv Enforcement Fairness Act of 1996. 5 U.S.C. 01, the Nuclear Regulatory Commission (NRC) is submitting final amend >nts to the Commission's rules in 10 CFR Part 19. The NRC is amending its reg 'ations because NRC Form 3. " Notice to Employees."
referenced in the Code o' Federal Regulations, has been updated and to eliminate the need to upd te the Federal Register every time the form is changed in the future.
We have determined that thi rule is not a " major rule" as defined in 5 U.S.C.
-804(2). We have confirmed t is determination with the Office of Management and Budget.
Enclosed is a copy of the fina rule that is being transmitted to the Office of the Federal Register for pub'ication. This final rule will become effective when it is published the Federal Register.
Sinc rely.
Dennis . Rathbun. Director Office f Congressional Affairs
Enclosure:
Final' Rule DISTRIBUTIO'h EDO R/F RAuluck FCostanzi LRiani DOCUMENT NAME:0:\HAISFIEL\ FORM 3\CGL FAIR l@ receive a copy of this documgr)t, indicate in the ox: "C" - Copy without attach-ment / enclosure 'E" = Copy wierattachment/ enclosure "N" = No copy 0FFICE RDB:DRA /J SB:DRA , s D:DNA \ l D:0CA NAME MHaisfield /,v//*' SBahadur X ' JMMAy ' \ DRathbun DATE 7 /3//97 '
8/7 /97 f //# /97 \ / /97 0FFICIAL RECORD COPY (RES File Code) RES
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. NUCLEAR REGULATORY COMMISSION
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4 WASHINGTON, D.C. 30606 4001 ;
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The Honorable Al Gore -
President of the United' States Senata __ .
Washington, DC 20510
Dear tir. President:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in 10 CFR Part 19. The NRC is amending its regulations because NRC Form 3. " Notice to Employees,"
referenced in the Code of Federal Regulations, has been updated and to eliminate the need to update the Comission*s regulations every time the form is changed in the future.
We have determined that this rule 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.
Enclosed is a copy of the final rule that is being transmitted to the Office-of the Federal Register for publication. This final rule will become effective when it is published in the Federal Register.
Sincerely, Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosure:
Final Rule
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 Fairness Act of 1996. 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in 10 CFR Patt 19. The NRC is amending its regulations because NRC Form 3, " Notice to Employees,"
referenced in the Code of Federal Regulations, has been updated and to eliminate the need to update the Commission's regulations every time the form is changed in the future.
We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
804(2). He have confirmed this determination with the Office of Management and Budget.
Enclosed in a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. This final rule will become effective when it is published in the Federal Register.
Sincerely.
Dennis K. Rathbun. Director Office of Congressional Affairs
Enclosure:
Final Rule QlSTRIBUTION:
EDO R/F RAuluck FCostanzi LRiant DOCUMENT NAME:0:\HAISFIEL\ FORM 3\CGL FAIR To receive a copy of this document, indicate in the box: "C" = Copy without attach-ment / enclosure "E" = Copy with attachment / enclosure "N" = No copy
- see previous concurrence 10FFICE RDB:DRA* RDB:DRA* 0:DRA* 0:0CA NAME HHaisfield SBahadur JMurphy DRathbun DATE 7/31/97 8/07/97 8/10/97 / /97 0FFICIAL RECORD COPY (RES File Code) RES
1 The Honorable Al Gore President of the Unite States Senate Washington. DC 20510 s
Dear Mr. President:
Pursuant to Subtitle E of e Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801. he fuclear Regulator submitting final amendments o tne Commission's y Commission (NRC) is NRC is amending its regulati s because NRC Form rules in 10 CFR Part 19. The
- 3. " Notice to Employees."
refercnced in the Code of Fed ral Regulations, has been updated and to eliminate the need to u changed in the future. pdate t e Federal Register every time the form is We have determined that this rule is not a " major rule" as defined in 5 U.S.C.
804(2). We have confirmed this de ermination with the Office of Management and Budget.
Enclosed is a copy of the final rule ' hat is beino tresmitted to the Office t of the Federal Register for publicati n. This final ' le will become effective when it is published in the ederal Register.
Sincerely.
Dennis K. Rat bun. Director Office of Cong essional Affairs
Enclosure:
Final Rule OISTRIBUTION:
E00 R/F RAuluck FCostanzi LRiani DOCUMENT NAME:0:\HAISFIEL\ FORM 3\CGL FAIR To receive a ccpy of this document indicate in the box: " " = Copy without attach-ment / enclosure "E" = Copy wit dttachment/ enclosure "N" No copy 0FFICE RDB:DRA A@ E:DRA , l. D:DFf/j4/ 0:BGA NAME MHaisfteld 6 5/(.9 'SBahadur T W JMtM#1y (
' DRathbun DATE 7 /3 /97 S/ 7 /97 ,9/U/9/ / XS7 0FFICIAL RECORD COPY (RES File Code) RES
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['* t UNITED STATES g }t NUCLEAR REGULATORY COMMISSION '
WASHINGTON. D.C. 20066 4 001
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The Honorable Newt Gingrich ,
Speaker of the United States House of Representatives -
Washington, DC 20515
Dear Mr. Speaker:
Rtrsuant to Subtitle E of t. Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801. toe Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in 10 CFR Part 19. The NRC is amending its regulations because NRC Form 3. " Notice to Employen."
referenced in the Code of Federal Regulations, has been updated and to eliminate the need to update the Commission's regulations every time the form is changed in the future.
We have determined that this rule 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.
Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. This final rule will become effective when it is published in the Federal Register.
Sincerely.
Dennis K. Rathbun. Director Office of Congressional Affairs
Enclosure:
Final Rule W
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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 1996. 5 U.S.C. 801. the Nuclear Regulatory Commission (NRC) is submitting final amendments to the Commission's rules in 16 rER_part 19. The NRC is amending its regulations because NRC Form 3. " Notice to Employees,"
referenced in the Code of Federal Regulations, has been updated and to eliminate the need to update the Ccmmission's regulations every time the form is changed in the future.
>We have determined that this rule 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.
Enclosed is a copy of the final rule that is being transmitted to the Office of the Federal Register for publication. This final rule will become effective when it is published in the Federal Register.
Sincerely.
Dennis K. Rathbun. Director Office of Congressional Affairs
Enclosure:
Final Rule DISTRIBUTION:
EDO R/F RAuluck FCostanzi LPiani DOCUMENT NAME:0:\HAISFIEL\FuRM3\CGL FAIR To receive a copy of this document indicate in the box: "C" = Copy without attach-ment / enclosure "E" = Copy with attachment / enclosure "N" = No copy 0 see previous concurrence OFFICE RDB:DRA* RDB:0RA* l 0:DRA* D:0CA l NAME Mdaisfield SBahadur JMurphy DRathbun
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DATE. 7/31/97 8/07/97 8/10/97 / /97 OFFICIAL RECORD COP F (RES File Code) RES
TheHonorableNewkGingrich Speaker of the Uni ed States House of Represe tatives Washington DC 20 5 ,
Dear Mr. Speaker:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 8 1. the Nuclear Regulatory Commission (NRC) is~
submitting final amend ts to the Commission's rules'in~10 CFR Part 19. The NRC is amending its regu tions because NRC Form 3. " Notice to Employees."
referenced in the Code of Federal Regulations, has been updated and to eliminate the need to upda e the Federal Register every time the form is changed in the future.
We have determine.1 that this "i.le is not a " major rule" as defined in 5 U.S.C.
804(2). We have confirmed th determination wit;1 the Office of Management and Budget.
Enclosed is a copy of the final le that is being transmitted to the Office of the Federal Register for publi tion. This final rule will become effective when it is published in ie Federal Register.
Sincere y, Dennis K. Rathbun. Director Office of ongressional Affairs
Enclosure:
Final Rule DISTRIBUTION:
EDO R/F RAuluck FCostanzi LRiani DOCUMENT NAME:0:\HAISFIEL\ FORM 3\CGL FAIR To receive a copy of this documept,. indicate in the bov.: "C" = Copy without attach-ment / enclosure "E" = Copy wltJMttachment/enclosur.e "N = No copy 0FFICE RDB:DRA 4 ADB:0RA , jm D:pR&&/ D(0CA NAME MHais field 'Xe F Y SBahadur C JMQfL f fy ' DRAthbun
.DATE 7/>/ /97 5'-]/97 fr79/97 / \/97 _
0FFICIAL RECORD COPY '
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D ATTACHMENT 3 APPROVED FOR PUBLICATION I
l4 Anoroved For Publication The Commission delegated to the E00 (10 CFR 1.31(c)) the authority to develop and promulgate rules as defined in the' APA (5 U.S.C. 551 (4)) subject to the limitations in NRC Management Directive 9.17. Organization and Functions.
Office of the Executive Director for Operations, paragraphs 0213, 038. 039.
and 0310.
The attached final rule entitled. " Notice to Employees; Minor Amendment."
amends 10 CFR Part 19 because NRC Form 3. " Notice to Employees." referenced in the Code of Federal Regulations, has been updated and to eliminate the need to update the Commission's regulations every time the form is changed in the future. -
This final rule does not constitute a significant question of policy, nor does it amend regulations contained in 10 CFR Parts 7. 8. or 9 Subpart C concerning matters of policy. I therefore, find that this rule is within the scope of my rulemaking authority and am proceeding to issue it.
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a-Date L. Joseph @1Jan Executive D'rfector for Operations
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