ML20214G239
| ML20214G239 | |
| Person / Time | |
|---|---|
| Issue date: | 10/14/1986 |
| From: | Norry P NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Olmstead W NRC OFFICE OF THE GENERAL COUNSEL (OGC) |
| Shared Package | |
| ML20213F620 | List:
|
| References | |
| FRN-50FR21072, RULE-PR-2 AB78-1-093, AB78-1-93, NUDOCS 8705260470 | |
| Download: ML20214G239 (2) | |
Text
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- 0 UNITED STATES E' NUCLEAR REGULATORY COMMISSION L j'ij~ ,h WASHINGTON, D. C. 20555
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OCT 141986 MEMORANDUM FOR: William J. Olmstead Assistant General Counsel for Rulemaking and Fuel Cycle Office of the General Counsel FROM: Patricia G. Norry, Director Division of Rules and Records Office of Administration
SUBJECT:
0FFICE OF ADMINISTRATION REVIEW 0F FINAL RULE ADDING TO 10 CFR PART 2 PROCEDURES CONCERNING DISCLOSURE OF INFORMATION The Office of Administration concurs with the final rule, " Adjudications; Special Procedures for Resolving Conflicts Concerning the Disclosure or Nondisclosure of Information," that would add new procedures to 10 CFR Part 2, Subpart G, subject to the following comments.
The difficult-to-address comments were well addressed, particularly by comparing the new procedures with existing ones in 10 CFR 9 2.744 Further, the new procedures are clearly stated and easy to read. Two comments mentioned on page 10 do not seem to have been addressed directly, i.e., whether the proposed procedures are self-defeating, and whether the standards for what constitutes an inspection or investigation are vague. Although we are not able to offer suggestions for their resolution, we mention this only in the event that they may have been overlooked.
Recently, we have begun referencing the NRC Size Standards in any Regulatory flexibility Act Statement or Certification in a rulemaking (see page 35);
these standards were published December 19, 1985 (50 FR 50241).
A new Appendix B was added to 10 CFR Part 2, " Commission Policy on Regulatory Waste Below Regulatory Concdrn," by final rule published August 29, 1986 (51 FR 30839). We have referenced this appendix in the authority citation (page 37).
We observed that amendatory instruction 4 (page 39) reads as though Q 2.781 is now part of the Code of Federal Regulations. Should the "Ex Parte and Separation of Functions" rule that would add this section not become effective prior to the effective date of these procedures, instruction 4 would have to be changed to reflect this.
8705260470 870520 PDR PR ,
2 50FR21072 PDR
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's William J. Olmstead O a.
Finally, the Freedom of Information and Privacy Act Branch, Division of Rules and Records, has reviewed and noted its responsibilities under this draft final rule.
W'$
Patricia G. Norry, Dire or Office of Administration
Enclosure:
Marked-up copy of the draft final rule i
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