[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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  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the Commission's regulations is no longer applicable because the Office 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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