[Federal Register Volume 62, Number 178 (Monday, September 15, 1997)]
[Rules and Regulations]
[Pages 48165-48166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24381]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 19
RIN 3150-AF66
Employees; Minor Amendment
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its
regulations to refer to the August 1997 NRC Form 3, ``Notice to
Employees'' or the latest version of this form provided by the
Commission. This action is necessary because the version referenced in
the Code of Federal Regulations (CFR) has been updated. This action
also eliminates the need to update the Commission's regulations every
time the form is changed.
EFFECTIVE DATE: The final rule is effective on September 15, 1997.
FOR FURTHER INFORMATION CONTACT: Mark Haisfield, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone 301-415-6196, e-mail [email protected]
SUPPLEMENTARY INFORMATION:
Background
The purpose of this amendment to 10 CFR Part 19 is to promulgate a
change to incorporate a reference to the latest NRC Form 3. NRC
regulations in Sec. 19.11, ``Posting of notices to workers,'' specify
that licensees post the January 1996 revision of NRC Form 3, ``Notice
to Employees.'' A new version of the form was issued in August 1997 to
inform industry workers that the responsibility for investigating
discrimination complaints within the Department of Labor has been
transferred from the Wage and Hour Division to the Occupational Health
and Safety Administration. Additionally, NRC Form 3 has been revised to
indicate that the Paducah Gaseous Diffusion Plant located in Kentucky
is under the purview of Region III and to show a new NRC address for
Region II. Because licensees and applicants are required to prominently
post the current version of NRC Form 3, Sec. 19.11 is being updated to
specify the use of the August 1997 version of NRC Form 3. To eliminate
the need to revise the CFR whenever NRC Form 3 is changed, Sec. 19.11
is also being revised to specify the use of later versions of NRC Form
3 that supersede the August 1997 version within 30 days of receiving
the revised NRC Form 3 from the Commission. The NRC will inform
licensees of future changes to NRC Form 3 by an administrative letter
and, in addition, the availability of any new versions will be noticed
in the Federal Register.
Because this is an amendment dealing with agency organization,
practice, and procedure, the notice and comment provisions of the
Administrative Procedure Act do not apply pursuant to 5 U.S.C.
553(b)(A). The amendment is effective upon publication in the Federal
Register. Good cause exists to dispense with the usual 30-day delay in
the effective date because the
[[Page 48166]]
amendment is of a minor and administrative nature dealing with an
update to the CFR to reference the latest version of NRC Form 3.
Compatibility of Agreement State Regulations
Under ``Policy Statement on Adequacy and Compatibility of Agreement
States,'' approved by the Commission on June 30, 1997, Sec. 19.11 is
listed as compatibility category ``C.'' Under compatibility category C,
the essential objectives should be adopted by the State to avoid
conflicts, duplications or gaps with NRC regulations. The manner in
which the essential objectives are addressed may be different than that
used by the NRC.
Environmental Impact: Categorical Exclusion
The Commission has determined that this final rule is the type of
action described in categorical exclusion 10 CFR 51.22(c)(1).
Therefore, neither an environmental impact statement nor an
environmental assessment has been prepared for this final rule.
Paperwork Reduction Act Statement
This final rule does not contain a new or amended information
collection requirement subject to the Paper Reduction Act of 1995 (44
U.S.C. 3501 et seq.). Existing requirements were approved by the Office
of Management and Budget, approval 3150-0044.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless it displays a currently
valid OMB control number.
Regulatory Analysis
A regulatory analysis has not been prepared for this final rule
because this rule is considered minor and not a substantial amendment;
it has no economic impact on NRC licensees or the public.
Small Business Regulatory Enforcement Fairness Act
In accordance with the Small Business Regulatory Enforcement
Fairness Act of 1996, the NRC has determined that this action is not a
major rule and has verified this determination with the Office of
Information and Regulatory Affairs, Office of Management and Budget.
List of Subjects in 10 CFR Part 19
Criminal penalties, Environmental protection, Nuclear materials,
Nuclear power plants and reactors, Occupational safety and health,
Radiation protection, Reporting and recordkeeping requirements, Sex
discrimination.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting
the following amendment to 10 CFR Part 19.
PART 19--NOTICES, INSTRUCTIONS AND REPORTS TO WORKERS: INSPECTION
AND INVESTIGATIONS
1. The authority citation for Part 19 continues to read as follows:
Authority: Secs. 53, 63, 81, 103, 104, 161, 186, 68 Stat. 930,
933, 935, 936, 937, 948, 955, as amended, sec. 234, 83 Stat. 444, as
amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 U.S.C 2073, 2093,
2111, 2133, 2134, 2201, 2236, 2282 2297f); sec. 201, 88 Stat. 1242,
as amended (42 U.S.C. 5841); Pub. L. 95-601, sec. 10, 92 Stat. 2951
(42 U.S.C. 5851).
2. In Sec. 19.11, paragraphs (c)(1) and (c)(2) are revised to read
as follows:
Sec. 19.11 Posting of notices to workers.
* * * * *
(c)(1) Each licensee and each applicant for a specific license
shall prominently post NRC Form 3, ``Notice to Employees,'' dated
August 1997. Later versions of NRC Form 3 that supersede the August
1997 version shall replace the previously posted version within 30 days
of receiving the revised NRC Form 3 from the Commission.
(c)(2) Additional copies of NRC Form 3 may be obtained by writing
to the Regional Administrator of the appropriate U.S. Nuclear
Regulatory Commission Regional Office listed in Appendix D to Part 20
of this chapter or by calling the NRC Information and Records
Management Branch at 301-415-7232.
* * * * *
Dated at Rockville, Maryland, this 28th day of August, 1997.
For the Nuclear Regulatory Commission.
L. Joseph Callan,
Executive Director for Operations.
[FR Doc. 97-24381 Filed 9-12-97; 8:45 am]
BILLING CODE 7590-01-P
