[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]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 19

RIN 3150-AF66


Employees; Minor Amendment

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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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]
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