ML20212E895
| ML20212E895 | |
| Person / Time | |
|---|---|
| Issue date: | 10/10/1997 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Gore A SENATE, PRESIDENT OF THE SENATE |
| Shared Package | |
| ML20013C593 | List: |
| References | |
| FRN-62FR48165, RULE-PR-19 AF66-2-007, AF66-2-7, NUDOCS 9711040095 | |
| Download: ML20212E895 (2) | |
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i October 10, 1997 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 Comission'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 Managemant and Budget.
Enclosed is a copy of the final rule that is being transmitted to the Ofiice of the Federal Register for publication. This final rule will become e.fective 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:
E00 R/F RAulua.k 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 0 see previous concurrence OFFICE RDB:0RA* RDB:DRA* l 0:0RA* l 0:0CA n ,. l NAME MHaisfield SBahadur JMurphy ORathb6fb OATE 7/31/97 8/07/97 8/10/97 b//o /97 0FFICIAL RECORD COPY (RESFileCode)RESfA i
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97}10 19 62FR48165 PDR-Q \ \ sH O U W -
4 The Honorable Al Gore President of the Unite States Senate Washington, DC 20510
Dear Mr. President:
Pursuant to Subtitle E of ie Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 801, he Nuclear Regulatory Comission (NRC) is submitting final amendments .o the Commission's rules in 10 CFR Part 19. The NRC is amending its regulati s because NRC Form 3. " Net's tv0aployees."
referenced in the Code of Fed ral Regulations, has been updated and to elimint.te the need to update t e Federal Register 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 de ermination with the Office of Management and Budget.
Enclosed is a copy of the final rule hat is being transmitted to the Office of the Federal Register for publicati n. This final rule will become effective when it is published in 'che ederal Register.
Sincerely.
Dennis K. Rat bun. Director Office of Cong essional Affairs
Enclosure:
Final Rule DISTRIBUTION:
ED0 R/F RAuluck FCostanzi LRiani DOCUMENT NAME:0:\HAISFIEL\ FORM 3\CGL FAIR indicate in the box: * " = Copy without attach-To mentreceive a copy
/ enclosure "E"of= this Copy document,tachment/
wit 1A t enclosure "N" No copy _
0FFICE RDB:DRA J JPE:DRs , , D:QRff/f4/ l D:BCA l l NAME HHaisfield 65/LWSBahadur M 7 JMd(fRfI DRathbun DATE 7 /.y /97 SJ/97 S/(//97 / A97 0FFICIAL RECORD COPY (RES File Code) RES
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', NUCLEAR REGULATORY COMISSION 10 CFR Part 19 RIN: 3150 AF66 Notice to Emp19yees; Minor Amen h nt AGENCY: ' Nuclear Regulatory Comission.
3 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 Comission. 'fhis 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 F1RTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Comission. Washint.on, DC 20555 0001, telephone 301-415 6196. e md's HFH@NRC. GOV.
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l SUPPLD M ARY INFORW. TION '
s Background j n
i
- The purpose of this amendment to 10 CFR Part 19 is to promulgate a ;
changt to incorporate a reference to the latest NRC Fom 3. NRC regulations in i 19.11. " Posting of notices to workers," specify that licensees post the
-January 1996 revision of RF N C om 3. " Notice to Egloyees " A new version of
. the fom was issued in August 1997 to infom industry workers that the responsibility for investigating discrimination complaints within the
' Department of Labor has been transferred from the Wege 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. I 19.11 is being updated to specify the use of the August 1997 version of NRC Fom 3. To eliminate the need to revise the CFP. 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 ,
l 1997 version within 30 days of receiving the revised NRC Form 3 from the Comission.- The NRC will inform licensees of future changes to NRC Form 3 by ;
an administrative letter and. in addition, the availability of any new I versions will be noticed in the Federal Register. ,
l l - Because this is an. amendment dealing with agency organization, practice.
I 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 7
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e dispensewitht$ usual 30-daydelayintheeffectivedatebecausethe amendment is of a minor and administrative nature dealing with an update to the CFR to reference the latest version of NRC Form 3.
Cogatibility of Agreement State Regulatims j Under " Policy Statement on Adequacy and Cogatibility 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 statement nor an environmental assessment has been l 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 l
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1 seq.). Existing requirements were approved by the Office of Management and i Budget, approval 3150 0044. ,
Public Protection Notification The NRC may not conduct or sponsor, and a persen is-rot required to respond to, a collection of information unless it displays a currently valid OMB control nud>er.
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 accor(ance 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.
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-List of Subjects 1
. Criminal penalties. Environmental protection, Nuclear materials. Nuclear .
power plants and reactors,- Occupational safety and health, Radiation ,
protection Renortinctanti recordkeeping requirements, Sex discrimination. .
For the reasons. set out in the preenble and under the authority of the Atomic Energy Act of 1954, as amended: the inergy Reorganization Act of 1974, .
as amenied: and 5 U.S.C. 552 and 553: the NRC is adopting the following [
amendment to 10 CFR Part 19. 1 PART 19 -NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION
. AD 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. mec. 234, 83 Stat. 444, as amended, sec.
L 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C 2073, 2093, 2111. 2133, 2134, 2201, l
2236, 2282 2297f): sec. 201. 88 Stat.1242, as amended (42 U.S.C. 5841): Pub.
l l., 95 601, sec, 10, 92 Stat. 2951 (42 U.S.C. 5851),
- 2. In. 6- 19.11, paragraphs (c)(1) and -(c)(2) are revised to read as follows-L i 19.11' Posting of. notices to workers.
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l (c)(1) Each licensee and each applicant for a specific license shall i
. crominently post' NRC Forn 3, " Notice to Enployees." dated August 1997. Later versions of NRC forn 3 that supersede the August 1997 version shall replace .
l the previously posted version within 30 days of receiving the revised NRC Forn 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 l Comission 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.
Dated at Rockville, Maryland this 2,.ft, day of A,2_.41997.
O For the Nuclear Regulatory Comission.
DV2]L L. Jos CalTan Execut Director for Operations.
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