ML20129G191

Submits Final Rule Deleting All Ref to App C,Of 10CFR2.Final Rule Provides That NRC May Use Discretion When Determining Whether to Require Written Explanation or Statement in Reply to Notice of Violation.W/O Encl

ML20129G191
Person / Time
Issue date:	08/16/1996
From:	Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To:	Gingrich N, Gore A, Murphy R GENERAL ACCOUNTING OFFICE, HOUSE OF REP., SPEAKER OF THE HOUSE, SENATE, PRESIDENT OF THE SENATE
References
CCS, NUDOCS 9610020186
Download: ML20129G191 (3)

Text

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t UNITED STATES

'j i ;f NUCLEAR RECULATORY COMMISSION l

• WASHINGTON, D.C. 20566-0001 4

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August 16, 1996' The-Honorable Al Gore President of the United States Senate Washington, DC 20510

Dear Mr. President:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule that deletes all references to Appendix C, of 10 CFR Part 2. Appendix C " General Statement of Policy and Procedures for Enforcement Actions," was removed from the Coda of Federal Regulations because it is a Policy Statement, not a regulation, and the enforcement policy was published as'a Policy Statement on June 25, 1995. This final rule also provides that the NRC may use discretion when determining whether to require a written explanation or statement in reply to a notice of violation. When the NRC believes that the licensee or other person who receives the notice of violation has already adequately addressed all the issues contained in that notice, at the discretion of the NRC, further written responses may not be required. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.

804(2). We have confirmed this determination with the Office of Management l

and Budget.

Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public. This final rule is scheduled to become effective 60 days after publication in the Federal Reoister.

Sincerely, q gdt_ [M h~L L Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosure:

! Final Rule l Ccs2Y 9610020186 960816 PDR ORG NRCC

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p , 1 - UNITED STATES [

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NUCLEAR RE2ULATORY COMMISSION WASHINGTON, D.C. enmas anny l

• • • • • ~

, August 16, 1996 The Honorable Newt Gingrich  :

Speaker of the United States

• House of Representatives  ;

Washington, DC 20515-r

Dear Mr. Speaker:

t

. Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness j Act of 1996, 5 U.S.C.' 801,. the. Nuclear Regulatory Commission (NRC) is _

submitting a final rule that deletes.all references to Appendix C,Lof 10 CFR

-Part 2. Appendix C " General Statement of Policy and Procedures for-Enforcement Actions," was ' removed from the Code of Federal Regulations because +

it is a Policy Statemert, not'a regulation, and the enforcement policy was published as a Policy Statement on June 25,1995. This final rule also

provides that the NRC may use discretion when determining whether to require a '

written explanation or statement in reply to a notice of violation. When the NRC believes that the licensee or other person who receives the notice of- ,

violation hasialready adequately addressed all the issues contained in that  :

notice, at the discretion of the NRC,~further written responses may not be ,

required. The NRC's discretion on requiring reports responding to a notice of .

. violation will reduce the burden of preparing unnecessary reports by the- i licensees and of reviewing these reports by the NRC without compromising.

public health and safety.

We have determined that this rule ~ is not a " major rule" as defined in 5 U.S.C.  !

804(2). We have confirmed this determination with the Office of Management and Budget. t F Enclosed is a copy of the final rule, which is being transmitted to.the Office of~the Federal. Register for publication. A Regulatory Flexibility

' Certification has not been prepared for this minor, nonsubstantive amendment.-

'which has no economic impact on NRC licensees 'or the public. This final rule is scheduled to become effective 60 days..after publication' in the Federal Reaister.

Sincerely, .,

N-hI pw

• Dennis K..Rathbun, Director Office of Congressional Affairs

Enclosure:

i-Final Rule

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, p *', UNITED GTATE3 s,

'j NUCLEAR RE!!ULATORY COMMISSION ,

f WASHINGTON, D.C. 20066 0001

, August 16,.1996 ,

l Mr. Robert P. Murphy <

General Counsel

General Accounting Office Room 7175 441 G Straet, NW Washingtr,n, DC 20548

Dear Mr. Murphy:

Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule that deletes all references to Appendix C, of 10 CFR Part 2. Appendix C " General Statement of Policy and Procedures for Enforcement Actions," was removed from the Code of Federal Regulations because it is a Policy Statement, not a regulation, and the enforcement policy was published as a Policy Statement on June 25, 1995. This final rule also provides that the NRC may use discretion when determining whether to require a written explanation or statement in reply.to a notice of violation. When the NRC believes that the licensee or other person who receives the notice of violation has already adequately addressed all the issues contained in that notice, at the discretion of the NRC, further written responses may not be required. The NRC's discretion on requiring reports responding to a notice of violation will reduce the burden of preparing unnecessary reports by the licensees and of reviewing these reports by the NRC without compromising public health and safety.

We have determined that this rule is not a " major rule" as defined in 5 U.S.C.  ;

804(2). We have confirmed this determination with the Office of Management  !

and Budget.

Enclosed is a copy of the final rule, which is being transmitted to the Office of the Federal Register for publication. A Regulatory Flexibility Certification has not been prepared for this minor, nonsubstantive amendment which has no economic impact on NRC licensees or the public. This final rule is scheduled to become effective 60 days after publication in the Federal Reaister.

Sincerely, A b]%bD:<_

)

1. ~ l Dennis K. Rathbun, Director  ;

Office of Congressional Affairs '

Enclosure:

Final Rule

l l i CONGRESSIONAL CORRESPONDENCE SYSTEM l DOCUMENT PREPARATION CHECKLIST l

l 1his check list is to be submitted with each document (or group of Qs/As) sentforprocessing into the CCS.

1. BRIEF DESCRIPTION OF DOCUMENT (S) A h. . (k,

2. TYPE OF DOCUMENT X CORRESPONDENCE HEARINGS (Qs/As)

3. DOCUMENT CONTROL SENSITIVE (NRC ONLY) X NON-SENSITIVE

4. CONGNESSIONAL COMMITTEE AND SUBCOMMITTEE (if applicable)

Congressional Committee Subcommittee

5. SUBJECT CODES (A) l

(")

(C)

I

6. SOURCE OFDOCUMENTS 1 (A) SS2O (DOCUMENT NAME )  ;

(B) SCAN (C) ATTACHMENTS (D) OTHER

7. SYSTfff LOQiDATES '

(A) WStl9ff DATA OCA SENTDOCUMENT TO CCS (B)- DATE CCS RECEIVED DOCUMENT (C) DATE RETURNED TO OCA FOR ADDITIONAL INFORMATION (D) DATE RESUBMITTED BY OCA TO CCS (E) DATE ENTERED INTO CCS BY (F) DATE OCA NOTirlED THATDOCUMENT IS IN CCS COMMENTS:

RELEASE TO PDR 010050