[Federal Register Volume 62, Number 65 (Friday, April 4, 1997)]
[Rules and Regulations]
[Page 16053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8547]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 62, No. 65 / Friday, April 4, 1997 / Rules
and Regulations
[[Page 16053]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 0
RIN 3150-AF67
Conduct of Employees; CFR Part Removal
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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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the Commission's regulations is no longer applicable because the Office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.
EFFECTIVE DATE: This final rule is effective on April 4, 1997.
FOR FURTHER INFORMATION CONTACT: Pamela Urban, Office of the General
Counsel, U.S. Nuclear Regulatory Commission, Washington, D.C. 20555-
0001, telephone (301) 415-1619.
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 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 0 of the NRC's regulations (10 CFR 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, 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 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 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 internal NRC Management Directives.
In accordance with OGE's issuance of the final rule regarding 18
U.S.C. 208(b) exemptions and waivers (5 CFR 2640), the Commission is
issuing this final rule removing 10 CFR part 0 in its entirety.
Because the Commission is required to delete the superseded
provisions of 10 CFR part 0 relating to 208(b)(2) exemptions, with no
discretion in the matter, the NRC finds, 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 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 0--[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 0 from
its regulations.
Dated at Rockville, Maryland this 20th day of March 1997.
For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 97-8547 Filed 4-3-97; 8:45 am]
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