ML20212E886
| ML20212E886 | |
| Person / Time | |
|---|---|
| Issue date: | 10/10/1997 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Murphy R GENERAL ACCOUNTING OFFICE |
| Shared Package | |
| ML20013C593 | List: |
| References | |
| FRN-62FR48165, RULE-PR-19 AF66-2-006, AF66-2-6, NUDOCS 9711040093 | |
| Download: ML20212E886 (2) | |
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Mr nRobert P; Murphy tGeneral Counsel
~ General (Accounting Office Room 7175 i441 G..St..:NW Washington. 0C -20548
Dear Mr; Murphy:
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 amendu,; its regulations because NRC Form 3. " Notice to Employees."
referenced in the Code of Federal ~ Regulations, has been updated and to eliminwe 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, original signed by DKRathbun Dennis K. Rathbun. Director Office of Congressional Affairs
Enclosure:
Final Rule DISTRIBUTION:
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-c LGeneral-Counsel 'phy Mr.-Robert P. Mur
- General Accountin Office
- Room 7175 f441 G,;St., NW, WashingtonL DC L205 8
Dear Mr. Murphy:
1 Pursuant to Subtitle of the Small Business Regulatory Enforcement Fairness.
'Act of'1996.-5'U.S.C.
01, the Nuclear Regulatory Commission (NRC) is
-submitting final amendm 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 # 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 role" as defined in 5 U.S.C.
804(2). We have confirmed t is determination with the Office of Mnnagement 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.pubiished 1 the Federal Register.
Sinc rely.
Dennis
. Rathbun, Director
- 0f fice f Congressional Affairs
Enclosure:
Final Rule
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l NUCLEAR REGULATORY COMMISSION 10 CFR Part 19 RIN:
3150 AF66 Notice to Employees: Hinor Amendment
/SENCY: Nuclear Regulatory Commission.
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.
EFFECTIVE DATE:
The final rule 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 Commission, Washington DC 20555 0001, telephone 301-415-6196, e-mail MFH0NRC.C0V.
I SUPPLEMENTARY INFORKATION
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 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 Departent 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 Paducan Gaseous Diffusion Plant located in Kentucky is under the purview of Region 111 and to show a new NRC address for Region 11.
Because licensees and applicants are required to prominently post the current version of NRC Form 3. 6 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 CFP whenever NRC form : 1s 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 avafiability of any new versicns w:ll be notices in the Federal Register.
Because this is an amendment dealing with agency organization prar.tice, and 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
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.
f 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 13 listed as compatibility category "C."
Under compatibility category C, the essential 1
objectives should be adopted by the State to avoid conflicts, duplications or-gap 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 statement nor an environmental assessmeat has been prepared for this final rule.
y Paperwork Reduction Act Statement t
.This final rule does not contain a new or cmended information collection reg # rement subject to the Paper Reduction Act of 1995 (44 U.S.C. 3501 et l,
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l seq.).
Existing requirements were approved by the Office of Management and Budget, approval 3150 0044.
Public Protection Notification j
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 bec9use 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 l
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
' Af fairs. 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. 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. 55F 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 1
follows:
5 19,11 Posting of notices to wotkers.
5 i
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'e (c)(1) Each licensee and each applicant for a specific license shall prominently r?st 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 Commission.
(c)(2) Additional copies of NRC Form 3 may be obtained by writing to the Regional Administrator of the appropriate U.S. Nuclear Regulatory Connission Regional Office listed in Appendix D to Part 20 of this chapter or by calling the NRC Information and Records Management Branch at 301-415-7232.
TA Dated at Rockville, Maryland this M day of.A M 1997.
O For the Nuclear Regulatory Connission.
e L.Jostfri Cal fan ExecutgeDirectorforOperations.
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