ML20212E871
| ML20212E871 | |
| Person / Time | |
|---|---|
| Issue date: | 10/10/1997 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Gingrich N HOUSE OF REP., SPEAKER OF THE HOUSE |
| Shared Package | |
| ML20013C593 | List: |
| References | |
| FRN-62FR48165, RULE-PR-19 AF66-2-005, AF66-2-5, NUDOCS 9711040089 | |
| Download: ML20212E871 (2) | |
Text
{{#Wiki_filter:___-__-_ - _ - _ g-2 ' october 10, 1997 t /W The Honorable Newt Gingrich Speaker-of-the United States House of Representatives Washington DC 20515
Dear Mr. Speaker:
Pursuant to Subtitle E cf the Small Business Regulatory Enfcrcement 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. . e have determined that this rule is not a " major rule" as defined in 5 U.S.C. W804(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, original signed by DKRathbun Dennis K. Rathbun. Director Office of Congressional Affairs
Enclosure:
Final Rule QJSTRIBUTION: E00 R/F RAuluck FCostanzi LRiani DOCUMENT NAME:0:WAISFIEL\\ 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
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RDB:0RA* 0:0RA* 0:GCA, y l NAME MHaisfield SBahadur JMurphy DRathb0n n / v/97 [0 ATE 7/31/97 8/07/97 8/10/97 f 0FFJCIAL RECORD COPY (RES File Code) RES d A 9710goe9971030~ y 19 62FR48165 PDR q ; g u Q oWi
+ 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 10 CFR Part 19. The NRC is amending its regulations because NRC Form 3. " Notice to.Employes." referenced in the Code of\\ Federal Regulations, has been updated and to eliminate the need'to upda(e the Federal Register every time the for s changed in the future. We have determined that this tule is not-a " major rule" as defined in 5 U.S.C. 804(2). We have confirmed thig determination with 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 publication. This final rule will become effective when it is published in the Federal Register. Sincerel. Dennis K.'\\Rathbun. Director -Office of Congressional Affairs \\
Enclosure:
Final Rule N DISTRIBUTION: \\ EDO R/F \\ RAuluck 's FCostanzi- \\ LRiani N DOCUMENT NAME:0:\\HAISFIEL\\ FORM 3\\CGL FAIR \\ To receive a. copy of this documept,. indicate'in the box: \\"C" = Copy without attach-ment / enclosure "E" = Copy wLtJM4ttachment/enclosur_e "N".= No copy 0FFICE RDB:DRA 4 O B:DRA,, Im D:pR&fff D:0CA NAME MHaisfield ir@Y SBahadur e JWL fy ' DRathbun i DATE-7/h /97 YY 7/97
- fr79/97-
/ /97 0FFICIAL RECORD COPY -(RES File Code) RES b i
[7590 01.P) 1 ? NUCLEAR REGUI.ATORY COMMISSION 10 CFR Part 19 RIN:E3150.AF66 Notice to Employees; Minor Amenchent AGENCY: Nuclear Regulatory Comission. ACTION: Final rule.-
SUMMARY
- - The Nuclear Regulatory Comission (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 Comission's regulations every time the form is changed.
EFFECTIVE DATE: The final role is effective on the date it is published in the Federal Register. FOR FURTHER INFORMATION CONTACT: Mark Haisfield. Office of Nuclear Regulatory Research. U.S. Nuclear Regulatory Comission. Wasnington. DC 20555-0001. telephone 301-415-6196. e-mail MFH@NRC. GOV. _.ge.Kf2 t o O '-{ r
SUPPLEMENTARY INFORMATION s
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 i 19.11. " Posting of notices to workers." specify that licensees post the A new version of January 1996 revision of NRC Form 3. " Notice to Employees." 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 Diffusien 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. I 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 the revised NRC Form 3 from the The NRC will inform licensees of future changes to NRC Form 3 by Comission. 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 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 r. t i amendment is of a minor and administrative nature dealing with an update to the CFR to reference the latest version of NRC Form 3. Conpatibility of Agreement Stcte Regulations Under " Policy Statement on Adequacy and Compatibility of Agreement States." approved by the Com.ission on June 30. 1997. 9 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 impatt 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 ) l
seq.). Existing requirements were approved by the Office 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 of 199';. 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 I ~
.s,. \\* . List of Subjects g. 10 CFR Part 19 1 Criminal penalties. Environmental protection. Nuclear materials. Nuclear power plants and reactors. Occupational safety and health. Radiation 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 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. 63 Stat, 930, 933, 935, 936. 937, 948.-955, as amended, sec. 234, 83 Stat. 444, as amended, sec. f 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 i 19.11. paragraphs (c)(1) and (c)(2) are revised to read as follows: I 19.11 Posting of notices to workers. 5
'[ (c)(1) Each licensee and each applicant for a specific license shall prominently post NRC Form 3. " Notice to Employees." dated August 1997. Later I 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 301-415-7232. by calling the NRC Information and Records Management Branch at Y Dated at Rockville. Maryland this M day of.AwJ 1997. O For the Nuclear Regulatory Comission. DT2]L L. Jos Calfan Execut Director for Operations. e 6 _}}