ML20236T783
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- JM 0 61987 MEMORANDUM FOR: . Richard E. Cunningham, Director Division of Fuel Cycle and Material Safety Office of Nuclear Material Safety and Safeguards FROM: Patricia G. Norry, Lirector Office of Administration
SUBJECT:
RADIATION THERAPY: QUALITY ASSURANCE AND PENALTIES FOR NEGLIGENCE The Office of Administration concurs in the package that- presents an Advance Notice of Proposed Rulemaking and a proposed or final rule for Commission consideration concerning misadministration of radiation therapy. We have enclosed a marked copy of those portions of the package on which we have comments.
We have made a number of editorial and format corrections to the final rule that are necessary to con; ply with the publication requirements of the Office of the Federal Register. In particular, we hcve added needed language to the Summary, inserted the current authority citation for Part 35, corrected amendatory language,:and corrected the presentation of some of the amendments. We have also supplied added or revised language needed
-to comply with various other requirements for publication of a rulemaking document. including-the requirements of the Administrative Procedure Act, the Paperwork Reduction Act, and the Commission's Regulatory Analysis and Backfit. requirements. Please note that the suggested language concerning waiver of Administrative,e- Procedcre Act requirements and the Backfit Analysis
_'must be coordinated with the Office of the General Counsel.
On December 9, 1985 (50 FR 50241), the NRC adopted the size standards that the agency would use in place of the Small Business Administration's size standards for making determinations required by the Regulatory Flexibility
'Act. We have' corrected the Regulatory Flexibility Certification statement in the final rule to reflect the SRC standards. ;
We have forwarded a: copy of the final rule to the Records Managtm. Branch, Office of Information and Resources Management, for their comment / concurrence concerning paperwork management aspects of this rulemaking proceeding.
l 7 Please note that the information collection requirements that are conteined l
in the final rule cannot be made effective until they have been reviewed and i
approved by the Office of Management and Budget. A period of 60 days is required for 0MB review. Because a portion of the contemplated requirements
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may not be made effective pending OMB review and because your office intends to receive comment on the rule, we suggest that the rule be forwarded to the Commission as a proposed rule, not as a final rule.
871202008s 871201 PDR PR PDR 35 52FR36942
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Richard E. Cunningham If you have any questions, please have a member of your staff contact Michael T. Lesar, Acting Chief, Rules and Procedures Branch, Division of Rules and Records on extension 27758.
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Lb Patricia G. Norry, Direc r Office of Administration
Enclosures:
As stated 8
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