AUTHORITY: Secs. 25, 161, 68 Stat. 9925, 948, as amended (42 U.S.C. 2035, 2201); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); E.O. 12674, 54 FR 15159, 3 CFR, 1989 Comp., p. 215, as modified by E.O. 12731, 55 FR 42547, 3 CFR, 1990 Comp., p. 306, 5 CFR 2635.105 and 2635.402(d)(1). Section 0.735-2, also issued under 5 U.S.C. 552, 553.

SOURCE: 31 FR 4502, Mar. 17, 1966, unless otherwise noted.

EDITORIAL NOTE: Nomenclature changes to part 0 appear at 56 FR 29407, June 27, 1991.

Subpart A-General

$0.735-1 Cross-reference to employee ethical conduct standards and financial disclosure regulations. Employees of the Nuclear Regulatory Commission (NRC) are subject to the executive branch-wide Standards of Ethical Conduct at 5 CFR part 2635, the NRC regulation at 5 CFR part 5801 which supplements the executive branch-wide standards, and the executive branch-wide financial disclosure regulations at 5 CFR part 2634.

[59 FR 17460, Apr. 13, 1994]

Subpart B-Conflict of Interest
Restrictions

$0.735-2 Exemptions for financial interests.

(a) Exemption of remote or inconsequential financial interests. (1) In accordance with the provisions of 18 U.S.C. 208(b)(2), the NRC has exempted the following financial interests from 18 U.S.C. 208(a) upon the ground that such interests are too remote or too incon

sequential to affect the integrity of its employees' services:

(i) Financial interests in an enterprise in the form of shares in the ownership thereof, including preferred and common stocks whether voting or nonvoting, and warrants to purchase such shares;

(ii) Financial interests in an enterprise in the form of bonds, notes, or other evidence of indebtedness;

(iii) Investments in State or local government bonds and investments in shares of a widely held diversified mutual fund or regulated investment company, except holdings in mutual investment funds or regulated investment companies dealing primarily in atomic energy stocks; Provided, That in the case of paragraph (a)(1) (i) and (ii) of this section:

(A) The total market value of the financial interests described in said subdivisions with respect to any individual enterprise does not exceed $1000; and

(B) The holdings in any class of shares, or bonds, or other evidences of indebtedness, of the enterprise do not exceed 1 percent of the dollar value of the outstanding shares, or bonds or other evidences of indebtedness in said class.

(2) Where a person covered by this exemption is a member of a group organized for the purpose of investing in equity or debt securities, the interest of such person in any enterprise in which the group holds securities shall be based upon said person's equity share of the holdings of the group in that enterprise.

(3) For purposes of paragraph (a)(1) of this section, computations of dollar value of financial interests in corporations shall be by means of:

market

(i) Market value in the case of stocks listed on national exchanges; or (ii) Over-the-counter quotations as reported by the National Daily Quotation Service in the case of unlisted stocks; or

(iii) By means of net book value (i.e. assets less liabilities) in the case of stocks not covered by the preceding two categories. With respect to debt securities, face value shall be used for valuation purposes.

(4) The dollar value and percentage of financial interests listed above in para

graph (a)(1) of this section shall be

computed as of the date on which the

employee first participated personally

and substantially in any particular

matter, within the meaning of 18

U.S.C. 208(a), relating to the enterprise

concerned. The dollar value and per-

centage so computed shall govern dur-

ing the entire period that the employee

participates in the particular matter

unless, after the date of computation,

the employee, or other person or orga-

nization referred to in paragraph (a) of

this section acquires an additional in-

terest in the same enterprise. In the

event of such subsequent acquisition,

the dollar value and percentage shall

be recomputed as of the date of the

subsequent acquisition. If, as a result

of the subsequent acquisition, the dol-

lar value and percentage computed ex-

ceeds the limitations described in para-

graph (a)(1) of this section, the general

exemption provided therein shall no

longer be applicable and an ad hoc ex-

emption must be sought in accordance

with the provisions of 18

208(b)(1).

U.S.C.

(b) Special exemption for special Gov-

ernment employees. Federal Personnel

Manual Chapter 735, Appendix C pro-

vides that a special Government em-

ployee should in general be disqualified

from participating as such in a matter

of any type the outcome of which will

have a direct and predictable effect

upon the financial interests covered by

18 U.S.C. 208. However, that chapter

states that the power of exemption

may be exercised in this situation "if

the special Government employee ren-

ders advice of a general nature from

which no preference or advantage over

others might be gained by any particu-

lar person or organization." It is the

policy of the Nuclear Regulatory Com-

mission in conformity with the fore-

going to exercise the power of exemp-

tion pursuant to 18 U.S.C. 208(b) in such

situations.

[58 FR 29951, May 25, 1993. Redesignated and

amended at 59 FR 17460, Apr. 13, 1994]

1.42 Office of Nuclear Material Safety and Safeguards.

1.43 Office of Nuclear Reactor Regulation. 1.45 Office of Nuclear Regulatory Research. 1.47 NRC Regional Offices.

Subpart C-NRC Seal and Flag

1.51 Description and custody of NRC seal.
1.53 Use of NRC seal or replicas.
1.55 Establishment of official NRC flag.
1.57 Use of NRC flag.

1.59 Report of violations.

AUTHORITY: Sec. 23, 161, 68 Stat. 925, 948, as amended (42 U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L. 95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat. 1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 1980, 45 FR 40561, June 16, 1980.

SOURCE: 52 FR 31602, Aug. 21, 1987, unless otherwise noted.

Subpart A-Introduction

$1.1 Creation and authority.

(a) The Nuclear Regulatory Commission was established by the Energy Reorganization Act of 1974, as amended, Pub. L. 93-438, 88 Stat. 1233 (42 U.S.C. 5801 et seq.). This Act abolished the Atomic Energy Commission and, by section 201, transferred to the Nuclear Regulatory Commission all the licensing and related regulatory functions assigned to the Atomic Energy Commission by the Atomic Energy Act of 1954, as amended, Pub. L. 83-703, 68 Stat. 919 (42 U.S.C. 2011 et seq.). These functions included those of the Atomic Safety and Licensing Board Panel. The Energy Reorganization Act became effective January 19, 1975 (E.O. 11834).

(b) As used in this part:

Commission means the five members of the Nuclear Regulatory Commission or a quorum thereof sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974, as amended.

NRC means the Nuclear Regulatory Commission, the agency established by

title II of the Energy Reorganization Act of 1974, as amended, comprising the members of the Commission and all offices, employees, and representatives authorized to act in any case or mat

ter.

[52 FR 31602, Aug. 21, 1987, as amended at 56 FR 29407, June 27, 1991]

§1.3 Sources of additional information.

(a) A statement of the NRC's organization, policies, procedures, assignments of responsibility, and delegations of authority is in the Nuclear Regulatory Commission Manual and other elements of the NRC's Management Directives System, including local directives issued by Regional Offices. Letters/memoranda delegations of authority are also issued from time to time that have not yet been incorporated into the Manual, parts of which are republished periodically. Copies of the Manual and other delegations of authority are available for public inspection and copying for a fee at the NRC Public Document Room, 2120 L Street, NW., Washington, DC, and at each of NRC's Regional Offices. Information may also be obtained from the Office of Public Affairs or from Public Affairs Officers at the Regional Offices. In addition, "NRC Functional Organization Charts" (NUREG-0325) contains detailed descriptions of the functional responsibilities of NRC's offices. It is revised annually and is available for public inspection at the NRC Public Document Room or for purchase from the Superintendent of Documents, U.S. Government Printing Office, P.O. Box 37082, Washington, DC 20013-7082; or from the National Technical Information Service, Springfield, VA 22161.

(b) Commission meetings are open to the public, as provided by the Government in the Sunshine Act, unless they fall within an exemption to the Act's openness requirement and the Commission also has determined that the public interest requires that those particular meetings be closed. Information concerning Commission meetings may be obtained from the Office of the Secretary.

(c) Information regarding the availability of NRC records under the Free