Institutional Radiation Safety Committee--Nuclear Regulatory Commission. Final rule

The Nuclear Regulatory Commission (NRC) is amending its regulations regarding hospitals licensed to use radioactive byproduct material for human applications. Currently, such a license requires that the hospital have a Medical Isotopes Committee to review clinical aspects of the use of radioactive materials within the hospital. The amendment requires instead a Radiation Safety Committee with a simplified membership that will focus on the radiation safety of workers and the general public. The rule change acknowledges the Food and Drug Administration's role in regulating the safety and effectiveness of radioactive drugs with respect to the patient. The membership of the new Radiation Safety Committee will include the hospital management and the nursing staff in decisions affecting radiation safety at the hospital and will be easier for smaller hospitals to recruit.     

License terms for medical use licenses--NRC. Final rule

The Nuclear Regulatory Commission is amending its regulations pertaining to the medical use of byproduct material to eliminate the 5-year term limit for medical use licenses. License terms for licenses issued under these regulations will be set by policy. Other materials licenses are issued for up to 10 years. The NRC will issue some licenses for shorter terms if warranted by the individual circumstances of license applicants. The amendment reduces the administrative burden of license renewals on a 5-year cycle for both NRC and licensees and supports NRC's goal of streamlining the licensing process.     

Medical use of byproduct material; policy statement, revision. Nuclear Regulatory Commission. Final policy statement; revision

The Nuclear Regulatory Commission (NRC) is revising its 1979 policy statement on the medical use of byproduct material. These revisions are one component of the Commission's overall program for revising its regulatory framework for medical use, including its regulations that govern the medical use of byproduct material. The overall goals of this program are to focus NRC regulation of medical use on those medical procedures that pose the highest risk and to structure its regulations to be risk-informed and more performance-based, consistent with NRC's "Strategic Plan for Fiscal Year 1997-Fiscal Year 2002." The policy informs NRC licensees, other Federal and State agencies, and the public of the Commission's general intentions in regulating the medical use of byproduct material.     

Medical use of byproduct material; draft policy statement--NRC. draft policy statement

The Nuclear Regulatory Commission (NRC) is proposing, for formal comment, revisions of its 1979 policy statement on the medical use of byproduct material. These proposed revisions are one component of the Commission's overall program, as previously announced in the Federal Register, for revising its regulatory framework for medical use, including its regulations that govern the medical use of byproduct material. The overall goals of this program are to focus NRC regulation of medical use on those medical procedures that pose the highest risk and to structure its regulations to be risk-informed and performance-based, where appropriate, consistent with NRC's "Strategic Plan for Fiscal Year 1970 Fiscal Year 2002".     

Medical use of byproduct material: issues and request for public input--NRC. Request for public input on rule development

The U.S. Nuclear Regulatory Commission (NRC) has developed a program for revising the regulations governing the medical use of byproduct material. The decision to revise this regulation resulted from the NRC Strategic Assessment and Rebaselining Initiative (SA), a process involving identification of the direction-setting issues and associated options for the future of NRC activities. This notice describes the NRC's program for revising the medical use regulation; notifies the public of the availability of documents associated with this action on the NRC Technical Conference Forum and through the NRC Public Document Room; and solicits informal public input on development of proposed rule language and associated documents. The Commission plans to formally propose specific rulemaking text for public comment during summer of 1998.     

Medical use of byproduct material; proposed revision--NRC. Proposal rule

The Nuclear Regulatory Commission (NRC) is proposing a revision of its regulations governing the medical use of byproduct material. The proposed rule is one component of the Commission's overall program for revising its regulatory framework for medical use. The overall goals of this program are to focus NRC's regulations on those medical procedures that pose the highest risk to workers, patients, and the public, and to structure its regulations to be risk-informed and more performance-based, consistent with the NRC's "Strategic Plan for Fiscal Year 1997-Fiscal Year 2002". A notice in this issue of the Federal Register announcing the Commission's proposed revision of its 1979 "Medical use Policy Statement" for public comment is published elsewhere.     

Receipt of byproduct and special nuclear material--NRC. Final rule

The Nuclear Regulatory Commission is amending its regulations governing the condition of licenses for production and utilization facilities to allow a reactor licensee to receive back byproduct and special nuclear material that is produced by operating the reactor after that material has been sent off-site for processing, such as compaction or incineration.     

Medical use of byproduct material; public meetings--NRC. Notice of public meetings

The Nuclear Regulatory Commission has developed a proposed rulemaking for a comprehensive revision of its regulations governing the medical use of byproduct material in 10 CFR Part 35, "Medical Use of Byproduct Material," and a proposed revision of its 1979 Medical Use Policy Statement (MPS). Throughout the development of the proposed rule and MPS, the Commission solicited input from the various interests that may be affected by these proposed revisions. The Commission now plans to solicit comments on the proposed rule and MPS through two mechanisms--publishing the documents in the Federal Register for public comment (scheduled for August 1998); and convening three facilitated public meetings, during the public comment period, to discuss the Commission's proposed resolution of the major issues. The public meetings will be held in San Francisco, California, on August 19-20, 1998; in Kansas City, Missouri, on September 16-17, 1998; and in Rockville, Maryland, on October 21-22, 1998. All meetings will be open to the public. Francis X. Cameron, Special Counsel for Public Liaison, in the Commission's Office of the General Counsel, will be the convener and facilitator for the meetings.     

The Green New Deal Must Preserve the Existing Nuclear Fleet

Abstract

As the largest source of carbon-free energy in the United States, nuclear energy must play a vital role in reducing emissions. This article suggests the Green New Deal, an ambitious federal proposal to address climate change, should aim to preserve the existing nuclear fleet by authorizing states to establish zero emission credit (“ZEC”) programs. The ZEC programs will provide credits, in the form of revenue, for the carbon-free attribute of nuclear energy. This article posits the ZEC programs should be based on a model ZEC program developed by the Federal Energy Regulatory Commission and explicitly authorized by amendment of the Federal Power Act to avoid issues of preemption.     

Medical administration of radiation and radioactive materials--NRC. Final rule

The Nuclear Regulatory Commission is amending its regulations to clarify that the medical administration of radiation or radioactive materials to any individual, even an individual not supposed to receive a medical administration, is regulated by the NRC's provisions governing the medical use of byproduct material rather than by the dose limits in the NRC's regulations concerning standards for protection against radiation. The rule does not represent a change in policy, but is necessary to indicate clearly that this is the NRC's policy and to clarify the relationship of NRC's regulations.     

Regulator-Required Corporate Compliance Program Audits

This paper critically examines the ability of compliance program audits to provide adequate assurance of compliance system performance. The empirical evidence comes from the use of compliance program audits in monitoring compliance with enforceable undertakings agreed upon between companies (that have allegedly breached the law) and the Australian Competition and Consumer Commission and the Australian Securities and Investments Commission. The evidence suggests that the primary value of compliance program audits in this context is as a management review that induces better compliance. Nevertheless, it may be the formal regulatory expectation of verification (and the belief that it is possible) that gives the compliance review its power to encourage management to listen and respond to auditors' recommendations for improvement.
The danger is that the review aspect of the audit will be captured by management concerns. This is evident in a tendency for the audit methodology to focus on management systems at the expense of forensic investigation of harm done (or likely to be done) to consumers and investors, and in a failure to seek out public opinion and input. This style of audit undermines the basic regulatory objective of democratic accountability for corporate responsibility. I conclude by using the literature on critical social audits to show that there is, nonetheless, significant potential for compliance program audits to open corporate management to democracy, and to make some suggestions as to how this might be possible.     

欧盟卡特尔案件宽大制度及启示

欧盟宽大制度是一种减轻或免除卡特尔行为人罚款责任的制度。自1996年欧盟引入该项制度以来,现已历经2002年和2006年两次修改。现行宽大制度包括罚款全额免除和部分减免两方面：前者适用于最先提供可使欧盟委员会展开调查或发现违法行为证据的企业;后者适用于提供对欧盟委员会已掌握之证据具有显著附加价值证据的企业。同时,为保证宽大制度的有效实施,欧盟在宽大制度程序保障机制及规制机关自由裁量权控制等方面做出了完善规定。     

论行政复议制度修改的若干问题

现行《行政复议法》自1999年实施以来,对行政机关的依法行政起到了重要的推动作用,不仅对维护公民、法人、其它组织的合法权益发挥了重要的救济作用,而且对解决行政争议也起到了重要的支撑作用。但是,随着经济社会的不断发展,现行行政复议制度在某些方面已不能完全适应新时期、新形势下行政复议工作的需要。因此,早在2010年,全国人大就将《行政复议法》的修改列入了年度立法计划,在党的十八大之后,对《行政复议法》的修改已经正式启动。《行政复议法》的修改,是我国行政法制建设的一件大事,也是加强社会管理和创新的一项重要举措。本文拟就《行政复议法》修改中的一些重大问题浅谈一些思考。期盼完善行政复议制度,使其发挥更大更好的作用。     

Civilian Health and Medical Program of the Uniformed Services (CHAMPUS); expanded active duty dependents dental benefit plan--DoD. Final rule

The rule establishes an expanded dental program for dependents of active duty members of the Uniformed Services. The amendment specifically describes: the legislative authority for expansion of dental benefits outside the United States; the continuation of dental benefits for active duty survivors; eligibility for pre-adoptive wards; the enhanced benefit structure; enrollment and eligibility requirements; premium cost-sharing; and benefit payment levels. The provisions of this rule will provide military families with the high quality of care they desire at an affordable price.     

Immigration and Naturalization Service--nonimmigrant alien (H-1) nurses; state license or examination requirements. Final rule

This final rule requires nonimmigrant nurses to possess a valid state license to practice nursing in the United States or to have successfully passed the screening examination given by the Commission on Graduates of Foreign Nursing Schools in order to qualify for an "H-1" nonimmigrant visa classification. Proof of having met either requirement is necessary before the Service will approve the visa petition. This amendment to the regulations is necessary to ensure that only those nonimmigrant nurses who are fully qualified to perform services of the "exceptional nature" required by section 101(a)(15)(H)(i) of the Act are admitted under this classification.     

Federal sector equal employment opportunity. Final rule

The Equal Employment Opportunity Commission is publishing this final rule to implement the amendment of section 501 of the Rehabilitation Act, under the Rehabilitation Act Amendments of 1992. This rule continues the movement towards full integration of individuals with disabilities into the Federal workforce.     

Measurement of the activity of radiopharmaceutical dosages: Nuclear Regulatory Commission. Proposed rule

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations on human uses of byproduct material, to require specific medical licensees to (1) Measure the total activity of each radiopharmaceutical dosage, except those containing less than 10 microcuries or a pure beta-emitting radionuclide, before it is administered to a patient; (2) verify that smaller dosages contain less than 10 microcuries; and (3) keep a record of the measurements. The assary of each radiopharmaceutical dosage before it is administered to a patient is currently required as a condition for a specific license. Measurement of the total activity of radiopharmaceutical dosage helps to protect patients from unnecessary radiation resulting from errors in labeling, calculating or dispensing dosages. The purpose of this rulemaking is: (1) To simplify licensing by replacing a condition that appears in all medical licenses with one regulation, and (2) To enhance patient radiation safety by minimizing potential misadministrations caused by not measuring the patient dosage.     

中俄继承法若干问题比较

俄罗斯民法典第三部分于 2 0 0 1年 11月 1日在国家杜马通过 ,2 0 0 2年 11月 14日经联邦委员会批准。该法典的继承编用 5章 75条对继承权进行了规定 ,其对遗产范围的确定、法定继承人的顺序、接受和放弃继承的期限、遗产的执行和管理以及特殊形式遗产的继承等方面都规定得较为详细 ,且与我国现行继承法有较大差异。中国现行的继承法制定得比较早 ,对继承法存在的问题以及解决的途径不少学者已经进行了研究。为此 ,在介绍俄罗斯民法典继承编规定的同时 ,将其与我国现行继承法进行比较 ,以期对今后我国继承法的修订有所参考和借鉴。     

Private Land Mobile Radio Services; amendment of the commission's rules concerning mobile station, control point and control system authorization procedures for common user systems for a certain MHz frequency--Federal Communications Commission. Final rule

The Commission is amending its rules and regulations in Part 90--Private Land Mobile Radio Service, by adopting a new temporary licensing procedure for special mobile radio systems (SMRS's) and multiple licensed mobile relay stations operating in the 806-821 and the 851-866 megahertz (MHz) bands. This new system of licensing will benefit radio users by enabling them to begin operations more quickly than in the past, and will not in any way lessen the ability of the Commission to determine whether an applicant is eligible and otherwise possesses the necessary qualifications to be permanently licensed to operate in these bands. This new system is a part of the Commission's on-going program for reviewing its rules and regulations and eliminating unnecessary burdens on licensees to facilitate the administration of the Private Land Mobile Radio Service.     

Quality management program and misadministrations; NRC override of OMB disapproval of NRC information collection request--Nuclear Regulatory Commission. Final rule

The Commission has voted to override the Office of Management and Budget (OMB) disapproval of the information collection requirements imposed in the final rule entitled "Quality Management Program and Misadministrations" (July 25, 1991; 56 FR 34104). As part of this final rule, the Commission is amending its regulations to reflect OMB's assignment of a new control number to these information collection requirements. The Commission reevaluated the need for this final rule and the information collection requirements it contains. The Commission continues to believe that its requirements for written quality management programs and misadministration reports, if complied with, have a reasonable likelihood of decreasing misadministrations (e.g., wrong dose or wrong patient) with a small incremental cost to licensees. Without the reporting and recordkeeping requirements, it would not be possible to implement and enforce these regulations effectively.