ML20137T265

Final Rule,Removing 10CFR0, Conduct of Employees

ML20137T265
Person / Time
Issue date:	03/20/1997
From:	Callan L NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
FRN-62FR16053, RULE-PR, RULE-PR-0 NUDOCS 9704160047
Download: ML20137T265 (4)

Text

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USNRC NUCLEAR REGULATORY COMMISSION 97 nrR 14 g7;57 i 10 CFR Part 0 0FFICE OF SECRE TARY )

DOCKET?iG & SERV:CE 1i eRANCif RIN 3150-AF67 Removal of 10 CFR Part 0 - Conduct of Employees DOCKET NUMSER

. AGENCY: Nuclear Regulatory Commission.

PROPOSED RULE E0 0

[bDFRl60 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 This part of the Commission's regulations is no longer applicable because the Office of Government Ethics (OGE) issued executive branch wide regulations (on exemptio.;e ;nd waivers for financial interests) that supersede the only remaining substantive provision in the NRC's regulations at 10 CFR Part O.

agit 6 1991 \

EFFECTIVE DATE: Th4 H:! =!c !: effect'= 0- the &'a cf -d!bt sa.  !

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FOR FURTHER INFORMATION CONTACT: Pameia Urban, Office of the General Counsel,

- U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-0001, telephone 1301) 415-(/

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SUPPLEMENTARY INFORMATION: The Nuclear Regulatory Commission (NRC) is amending Its regulations to remove the provisions in 10 CFR Part 0 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 financialinterests 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 re'Tiaining substantiva provision in Part 0 of the NRC's j 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 employees. The regulations, wh!th are codified at 5 CFR Part 2635, took effect on February 3,1993, and sufsplanted 6 major portion of the NRC's standards of conduct regulations. On January 12,1993 (C3 FR I i

3825), the NRC published a final rule that amended Part 0 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 I

, amended Part 0 (in compliance with the OGE regulations) to remove NRC internal procedures and delegations of authority on standards of conduct and to place them in i

i internal NRC Management Directivas, l I .

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' in accordance with OGE's issuance of the final rule regarding 18 U.S.C. 208(b) l I

exemptions and walvers (5 CFR 2640), the Commission is issuing this final rule l l

withdrawing 10 CFR Part 0 in its entirety. I l

Because the Commission is required to delete the superseded piovisions of 10 CFR l Part 0 relating to 208(b)(2) exemptions, with no discretion in the matter, the NRC find 5, ]

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i 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.

I 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.).

Re0ulatory Analysis A regulatory analysis has not been prepared for this final rule because the NRC is eGminating regulations that have been superseded by the Office of Government Ethics' issuance of executivo 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 1

environment. There is no cost to licensees, the NRC, or other Federal agencies.

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Backfit Analysis The NRC has determined that the backfit rule,10 CFR 50.109, does not apply to this 3

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i final rule because the deletion of these regulations does not involve any provisions that -

t would impose backfits as defined in 10 CFR 50.109(a)(1).

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

. PART O - [ REMOVED)

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For the reasons set out in the preamble and under the authority of the Atomic Energy l 1

! ' 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 l'

removing 10 CFR Part 0 from its regulations.

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? -d Dated at Rockville, Maryland this 2.O' day of ,,1997.

For the Nuclear Regulatory Commission.

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, f i L. Joseppallan,

/ Executive Director for Operations.

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