ML23151A376

PR-000 - 62FR16053 - Removal of 10 CFR Part 0 - Conduct of Employees

ML23151A376
Person / Time
Issue date:	04/04/1997
From:	Callan L NRC/EDO
To:
References
PR-000, 62FR16053
Download: ML23151A376 (1)

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DOCUMENT DATE:

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REFERENCE:

KEYWORD:

ADAMS Template: SECY-067 04/04/1997 PR-000 -62FR16053 - REMOVAL OF 10 CFR PART O -

CONDUCT OF EMPLOYEES PR-000 62FR16053 RULEMAKING COMMENTS Document Sensitivity: Non-sensitive - SUNSI Review Complete

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STATUS OF RULEMAKING PROPOSED RULE:

PR-000 OPEN ITEM (Y/N) N RULE NAME:

REMOVAL 'OF 10 CFR PART O -

CONDUCT OF EMPLOYEES PROPOSED RULE FED REG CITE:

62FR16053 PROPOSED RULE PUBLICATION DATE:

04/04/97 NUMBER OF COMMENTS:

0 ORIGINAL DATE FOR COMMENTS:

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EXTENSION DATE:

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FINAL RULE FED. REG. CITE: 62FR16053 FINAL RULE PUBLICATION DATE: 04/04/97 NOTES ON: REMOVING PROVISIONS CONCERNDlG THE ncONDUCT OF EMPLOYEESR FROM THE STATUS CFR SINCE OGE ISSUED REGS THAT SUPERSEDE REMAINING SUBSTANTIVE PR F RULE: OVISION IN NRC'S REGS.

/S/'D BY EDO.

FILE ON Pl.

HISTORY OF THE RULE PART AFFECTED: PR-000 RULE TITLE:

REMOVAL OF 10 CFR PART O -

CONDUCT OF EMPLOYEES PROPOSED RULE SECY PAPER:

FINAL-RULE SECY PAPER:

CONTACTl: PAMELA URBAN CONTACT2:

PROPOSED RULE SRM DATE:

FINAL RULE SRM DATE:

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DATE PROPOSED RULE SIGNED BY SECRETARY:

DATE FINAL RULE I

I SIGNED BY SECRETARY:

03/20/97 STAFF CONTACTS ON THE RULE MAIL STOP: O-15Bl8 PHONE: 415-1619 MAIL STOP :

PHONE :

DOCKET NO. PR-000 (62FR16053)

In the Matter of REMOVAL OF 10 CFR PART O - CONDUCT OF EMPLOYEES DATE DOCKETED 4/14/97 DATE OF DOCUMENT 03/20/97 TITLE OR DESCRIPTION OF DOCUMENT FEDERAL REGISTER NOTICE - FINAL RULE

(7590-01-Pl NUCLEAR REGULA TORY COMMISSION 10 CFR Part 0 RIN 3150-AF67 Removal of 10 CFR Part O - Conduct of Employees DOCKETED L'SNRC

°97 APR 14 A 7 :S 7 OFFICE Cr s:::-rRi=- fARY DOCKETl~iG i *s.:.RV.CE BRA~CH AGENCY: Nuc!ear Regulatory Commission.

DOCKET NGM3EH PR 0 PROPOSED RULE

( b1 FR I b ;5_3_) _,_

ACTION: Final rule.

SUMMARY

The Nuclear Regulatory Commission (NRC) is amending its regulations to remove the provisions concerning the "Conduct of Employees" from the Code of Federal Regulations (CFR). This part of the Commission's regulations is no longer applicable because the Office of Government Ethics (OGE) issued executive branch-wide regulations (on exemptions and waivers for financial interests) that supersede the only remaining substantive provision in the NRC' s regulations at 10 CFR Part 0.

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JI I I 9 q 1 EFFECTIVE DATE: T-t:lili tiRal rule is eUeoti1w1e on the data gf publieation.

FOR FURTHER INFORMATION CONTACT: Pamela Urban, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, telephone (301 l 415-1619.

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SUPPLEMENTARY INFORMATION:

The Nuclear Regulatory Commission (NRC) Is amending its regulations to remove the provisions in 10 CFR Part O in their entirety. On December 18, 1996 (61 FR 66830), the Office of Government Ethics (OGE) issued executive branch-wide regulations on exemptions and waivers for financial interests under 18 U.S.C. 208(b)

(codified at 5 CFR 2640). The portion of the OGE regulations on exemptions under 18 USC 208(b)(2) supersedes the only remaining substantive provision in Part O of the NRC's regulations ( 10 CFR Part 0. 735-2).

Background

On August 7, 1992 (57 FR 35006), the OGE published its final rule establishing government-wide standards of conduct for executive branch emp,loyees. The regulations, which are codified at 5 CFR Part 2635, took effect on February 3, 1993, and supplanted a major portion of the NRC's standards of conduct regulations. On January 12, 1993 (58 FR 3825), the NRC published a final rul.!J that amended Part O to remove those provisions of the :

NRC's standard of conduct regulations which were to be replaced by the government-wide regulations on February 3, 1993.

On May 25, 1993 (58 FR 29951), the NRC further amended Part O,(in compliance with the OGE regulations) to remove NRC internal procedures and delegations of authority on standards of conduct and to place them in internal NRC Management Directives.

In accordance with OGE's issuance of the final rule regarding 18 U.S.C. 208(b) exemptions and waivers (6 CFR 2640), the Commission is issuing this final rule withdrawing 1 O CFR Part O in its entirety.

Because the Commission is required to delete the superseded provisions of 10 CFR Part O relating to 208(b)(2) exemptions, with no discretion in the matter, the NRC finds, 2

pursuant to 5 U.S.C. 553(b)(B), that there is good cause not to seek public comment on this rule, as such comment is unnecessary. Furthermore, for the reasons stated above, the NRC finds, pursuant to 5 U.S.C. 553(d)(3), that good cause exists to make this rule effective upon publication of this notice.

Environmental Impact: Categorical Exclusion The NRC has determined that this final rule Is the type of action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore, neither an environmental assessment nor an environmental Impact statement has been prepared for this final regulation.

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. 1995 (44 U.S.C. 3501 et seq.).

Regulatory Analysis A regulatory analysis has not been prepared for this final rule because the NRC is eliminating regulations that have been superseded by the Office of Government Ethics' issuance of executive branch-wide regulations on exemptions and waivers for financial interests under 18 U.S.C. 208(b). This rule has no impact on health, safety*or the environment. There is no cost to licensees, the NRC, or other Federal agencies.

Backfit Analysis The NRC has determined that the backfit rule, 10 CFR 50. 109, does not apply to this 3

I final rule because the deletion of these regulations does not involve any provisions that would impose backfits as defined in 10 CFR 50. 109(a)( 1).

List of Subjects in 10 CFR Part 0 Conflict of interest, Criminal penalties.

PART O - [REMOVED]

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954 (42 U.S.C. 2201), as amended; the Energy Reorganization Act of 1974 (42 U.S.C. 5841 ), as amended; 5 U.S.C. 552 and 553; and 5 CFR Part 2640, the NRC is removing 10 CFR Part O from its regulations.

Dated at Rockville, Maryland this 2..0 ~

day of t1,,{~, 1997.

For the Nuclear Regulatory Commission.

L.Jo~

Executive Director for Operations.

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