ML20045C300

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Discusses Established Procedures for Ensuring That Complete Regulatory History Compiled for Each Rulemaking Action Undertaken by Ofc Under EDO Purview,Per 850405 Memo
ML20045C300
Person / Time
Issue date: 09/06/1991
From: Lesar M
NRC OFFICE OF ADMINISTRATION (ADM)
To: Mate J
NRC OFFICE OF NUCLEAR REGULATORY RESEARCH (RES)
Shared Package
ML20044B504 List:
References
FRN-58FR21904, RULE-PR-50, RULE-PR-52 AD80-2-005, AD80-2-5, NUDOCS 9306220332
Download: ML20045C300 (2)


Text

{{#Wiki_filter:. [ g Rt2 gjo UNITED STATES g y g NUCLEAR REGULATORY COMMISSION <E WASHINGTON, D, C. 20555 4 J 9 ,o SEP - 61991 MEMORANDUM FOR: Joseph Mate Office Nuclear Regulatory Research FROM: Michael T. Lesar, Chief Rules Review Section Regulatory Publications Branch Division of Freedom af Information and Publications Services Office of Administration

SUBJECT:

NOTIFICATION OF INCIDENTS In a memorandum dated April 5,1985 (copy enclosed), the Executive Director for Operations established procedures for ensuring that a complete regulatory history is compiled for each rulemaking action undertaken by an office under his purview. These procedures are applicable to any proposed or final rule submitted for publication in the Federal Register after April 5,1985. Briefly, these procedures require that -- Documents of central relevance to a rulemaking_ be maintained, and identified for a source of access; and An index of documents comprising the regulatory history be developed and submitted to the Regulatory Publications Branch (RPB) within 60 days after the rulemaking is completed. If The final rule that revises material licensee reporting requirements for byproduct, source, and special nuclear matprial regarding the incidents related to radiation safety was published in the Federal Register on Augu' 16, 1991. You should forward the completed index for the final rule to RPB ' November 5, 1991. To assist you in preparing the list of documents centrally relevant to this rule, place the designator "AC91-1" in the upper right-hand ourner the transmittal memorandum, of the first page of each document, including (NUDOCS), Mail Stop P1-37. that you send to the Nuclear Document System Each document submitted to NUDOCS that can be made available to the public should be marked "PDR" in the upper right-hand corner of the first page. Documents that cannot be made available to the public should be marked "CF" (Central Files) in the upper right-hand corner of the first page. In addition, CF documents should be grouped after the PDR documents in order to streamline the microfiching process. 9306220332 930506 PDR PR 50 5BFR21904 PDR

F 4 Joseph 14 ate 2 You should be sure to check all attachments to each document marked "PDR" to ensure that no documents to be withheld are inadvertently released. Examples of documents to be withheld (which sometiraes are attached to documents that are released routinely) include Commission vote sheets and_ SECY Papers. In no case should a Commission vote sheet be released. Under Connissicn procedures, release of SECY Papers requires the concurrence of a majority of the Commissioners. Accordingly, the release of any SECY Paper must be coordinated with the Office of the Secretary. All Commission vote sheets, and any SECY Paper that is to be withheld, should be clearly marked " Central Files only." Approximately two weeks after you submit the documents to the t UDOCS you should receive a computer printout listing the documents you submitted to the

NUDOCS, If you do not receive the printout within two or three weeks, call the NUDOCS hotline, extension 28603, and request the printout. You should forward a copy of this printout, which comprises the regulatory history.index, to the RPB.

If you have any questioris concerning this matter, please call me (extension 17758) or Alzonia Shepard of my staff (extension 27651). A Michael T. Lesar, Chief Rules Review Section Regulatory Publications Branch Diyision of Freedom of Information end Publications Services Of,fice of Administration

Enclosure:

As stated 3

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UNITED STATES / NUCLEAR REGULATORY COMMISSION o -{' WASHINGTON. D. C. 20556 I (....*,/ APR 0 51985 - j u MEMORANDUM FOR: Robert B. Minogue, Director 'l Office of Nuclear Regulatory Research-Harold R Denton, Director Office of Nuclear Reactor Regulation John G. Davis, Director Office of Nuclear Material Safety & Safeguards l James M. Taylor, Director Office of Inspection and Enforcement Patricia G. Norry, Director { Office of Administration Guy H. Cunningham, III Executive Legal Director G. Wayne Kerr, Director Office of State Programs Clemens J. Heltemes, Jr., Director Office for Analysis and Evaluation of Operational Data James R. Shea, Director Office of International Programs FROM: William J. Dircks Executive Director for Operations

SUBJECT:

REGULATORY HISTORY PROCEDURES In a February 15, 1985 memorandum to Chairman Palladino, issued jointly with the Office of General Counsel, I infortned the Chairman that procedures would be developed for the creation of a regulatory history of each proposed and final rulemaking initiated'by the offices reporting to the EDO. This memorandum outlines the individual office responsibilities for the implementation of the regulatory history procedures. The objective of the regulatory history-is to ensure that all documents of central relevance to a particular rulemaking are identified and accessible. This will facilitate the resolution of any issues that may arise concerning the-interpretation of a particular regulation. The following procedures will be applicable to any ~ i proposed or final rule submitted to the Federal Register for publication after the date of this memorandum. The Rules and Procedures Branch, Office Y s x u

I ~ 4 2-of Administration, will provide further information on these procedures, as necessary, in the periodic revision of the NRC Regulations Handbook, NUREG/BR-0053. Program Office Responsibilities Each office that sponsors a proposed or final rulemaking shall ensure that: 1. all documents of central relevance to the factual basis, coverage, meaning, and historical development of the rulemaking are identified, and maintained during the course of the rulemaking. Although the Project Manager's judgment will be necessary in some instances to determine whether specific documents are of " central relevance" to a rulemaking, the following documents should be included: the Office of Nuclear Regulatory Research (RES) Independent Review Package (containing the RES recomendations on whether to proceed with the rulemaking, the sponsoring Office's recomendation to proceed with rulemaking, and the evaluation of the rulemaking proposal against the six criteria required for theRESIndependentReview) prior drafts of the rulemaking transmitted for interoffice review formal Office coments on the drafts submitted for interoffice review source documents relied upon in preparing the draft rule (e.g., research studies, consensus standards endorsed in the draft rule) documents which synthesize or organize data in a form relied upon in the draft rule supporting documentation such as the regulatory analysis, the Cost Analysis Group Report, environmental assessment or environmental impact statement, regulatory flexibility analysis, and OMB Clearance, Package public comments submitted in response to a Petition for Rulemaking, an Advanced Notice of Proposed Rulemaking, or a Notice of Proposed Rulemaking Comittee to Review Generic Requirements (CRGR) minutes and recomendations concerning the draft rule the ACRS coments on the draft rule

r: 43 .g. the Comission Paper transmitting the draf t rule to the Comission or the memorandum transmitting the rule to the ED0 for approval the transcript or sumary of the Comission meeting or briefing on consideration of the draft rule the Staff Requirements memo containing the Comission recomendations on the draft rule . the Federal Register Notice for the rule (Petition for Rulemaking, Advanced Notice of Proposed Rulemaking, Notice of Proposed Rulemaking, Final Rule, or any other Federal Register notice issued concerning the rule) any other documents of central relevance (e.g. interagency correspondence, agreement state correspondence) Documents that fall within any of the above categories must be typewritten rather than handwritten to permit conversion into microfiche by the Document Control System (DCS). If the only record of substantive office review consnents on a draft rule are contained as handwritten annotations on the draft itself, the Project Manager should sumarize these coments in a typed note to the file. 2. At the completion of a particular rulemaking action, i.e. publication of the proposed or final rule, the project manager shall compile an index of all documents that comprise the regulatory history file. The Project Manager is responsible for identifying a source of access for each document listed. For internal documents, this will require the Project Manager to ascertain whether each document listed is available in the DCS. The Project Manager must ensure that any internal document not already available in the DCS is placed in the DCS, and that the record's accession number is identified for each document on the index. In the case of published documents (e.g. NUREGS, NTIS publications, books, articles, etc.), it will be sufficient to include the bibliographic citation for that document. The Project Manager shall forward the completed index to the Rules and Procedures Branch Office of Administration, within sixty days af ter the completion of the rulemaking. The title of the index, and the file, should be the name of the rule and applicable NRC citation (e.g.10 CFR Part 50) as it appears in the Federal Register notice, the Federal Register citation and date of ) publication.

~ _. t Of fice of Administration The Rules and Procedures Branch, Office of Administration, will be responsible for ensuring that a completed index of the documents comprising the regulatory history has been compiled for each proposed and final rulemaking. The Rules and Procedures Branch is also responsible for retaining the index and for disseminating copies of the index to interested NRC offices. (sipesWilliam L Ditch William J. Dircks Executive Director for Operations cc: Herzel H.E. Plaine, GC DISTRIBUTION FXCameron WJ0lmstead OELD R/F OELD S/F Regs R/F Central File EDO R/F EDO 223 HDircks JRoe TRehm VStello Regional Administrators j PJi s WBesaw [ I' g......:..../yj((,::.... 4f: FC

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