ML20236D479
| ML20236D479 | |
| Person / Time | |
|---|---|
| Issue date: | 02/27/1989 |
| From: | Stello V NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| To: | |
| References | |
| FRN-54FR10138, RULE-PR-9 PR-890227, NUDOCS 8903230121 | |
| Download: ML20236D479 (4) | |
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- 89 FEB 28 A10:52 Nuclearfg'pu;latory Comission j
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- Freedom of Information Act; Appeal Authority for Deputy Executive Director AGENCY: " Nuclear Regulatory Comission.
ACTION: Final rule.
SUMMARY
- The Nuclear Regulatory Comission is amending its regulations to reflect the recent reorganization within the Office of the Executive Director for Operations. This amendment will permit a Deputy Executive Director to respond to appeals in lieu of the Executive Director for Operations.
EFFECTIVE DATE: [Upon publication)
FOR FURTHER INFORMATION CONTACT: Donnie H. Grimsley, Director, Division of Freedom of Information and Publications Services, Office of Administration, U.S. Nuclear Regulatory Comission, Washington, DC 20555.
Telephone: (301)492-8116.
SUPPLEMENTARY INFORMATION: On January 9,1989, the Nuclear Regulatory Comission (NRC) announced organizational changes within the Office of the Executive Director for Operations. In the reorganization, the Comission appointed a second Deputy Executive Director and assigned specific areas of responsibility to the two deputies. Both Deputy Executive Directors report to the Executive Director for Operations. The NRC is amending portions of its g32g121890227 h 9 54FR10138 PDR
regulations to specify that in lieu of the Executive Director for Operations, a Deputy Executive Director is authorized to respond to an appeal of a denial of a FNedom of Information Act request.
Because these are amendments dealing with agency practice 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 amendments are effective upon publication in the Federal Register. Good cause exists to dispense with the usual 30-day delay in the effective date, because these amendments are of a minor and administrative nature, dealing with the agency's reorganization.
Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action describedincategoricalexclusion10CFR51.22(c)(2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement This final rule contains no information collection requirements and therefore is not subject to the requirements of the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.).
List of Subjects in 10 CFR Part 9 Freedom of Information, Penalty, Privacy, Reporting and recordkeeping requirements.
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. 553, the NRC is adopting the following amendments to 10 CFR Part 9.
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PART 9 -- PUBLIC RECORDS
- 1. The authority citation for Part 9 continues to read in part as follows:
Authority: Sec.161, 68 Stat. 948, as amended (42 U.S.C. 2201); sec. 201, 68 Stat.1242, as amended (42 U.S.C. 5841).
- 2. In 59.29, the introductory text of paragraph (c)(1), paragraphs (c)(2),
(c)(3) and (d) are revised to read as follows:
99.29 Appeal from initial determinations.
(c)(1) If the appeal of the denial of the request for agency records is upheld in whole or in part, the Executive Director for Operations, or a Deputy Executive Director, or the Secretary of the Commission shall notify the requester of the denial, specifying --
(2) If, on appeal, the denial of a request for waiver or reduction of fees for locating and reproducing agency records is upheld in whole or in part, the Executive Director for Operations or a Deputy Executive Director shall notify the person making the request of his decision to sustain the denial, including a statement explaining why the request does not meet the requirements of 59.41.
(3) The Executive Director for Operations, or a Deputy Executive Director, or the Secretary of the Commission shall inform the requester that the denial is a final agency action and that judicial review is available in a district court of the United States in the district in which the requester resides or has a principal place of business, in which the agency records are situated, or in the District of Columbia.
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(d) The Executive Director' for Operations, or a Deputy Executive Director, or the Secretary of the Comission shall furnish copies of all appeals and written determination on appeals to the Director, Division of Freedom of Information and Publications Services. I l
i Dated at Rockville, Maryland, this 27th day of February 1989.
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For the Nuclear Regulatory Comission.
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Executive Director for Operations.
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