83 FR 22535 - Revision of the NRC Enforcement Policy
NUCLEAR REGULATORY COMMISSION Federal Register Volume 83, Issue 94 (May 15, 2018)
Federal Register Volume 83, Issue 94 (May 15, 2018)
| Page Range | 22535-22536 | |
| FR Document | 2018-10350 |
[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)] [Notices] [Pages 22535-22536] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10350] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2018-0082] Revision of the NRC Enforcement Policy AGENCY: Nuclear Regulatory Commission. ACTION: Revision to policy statement. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing a revision to its Enforcement Policy (Enforcement Policy or Policy) to address the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Improvements Act). The 2015 Improvements Act amended the Federal Civil Penalties Inflation Adjustment Act (FCPIAA) of 1990, and now requires Federal agencies to adjust their maximum civil monetary penalty annually for inflation. DATES: This action was effective on January 12, 2018. ADDRESSES: Please refer to Docket ID NRC-2018-0082 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0082. Address questions about NRC dockets to Jennifer Borges; telephone: 301-287- 9127; email: [email protected]. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Gerry Gulla, Office of Enforcement, telephone: 301-287-9143, email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Background In 1990, Congress passed the Federal Civil Penalties Inflation Adjustment Act of 1990, to provide for regular adjustment for inflation of civil monetary penalties (CMPs). As amended by the Debt Collection Improvement Act of 1996, the FCPIAA required that the head of each Federal agency review, and if necessary, adjust by regulation the CMPs assessed under statutes enforced by the agency at least once every four years. On November 2, 2015, the President of the United States signed into law the 2015 Improvements Act, which further amended the FCPIAA and requires Federal agencies to adjust their CMPs annually for inflation no later than January 15 of each year. These requirements apply to the NRC's maximum CMP amounts for (1) a violation of the Atomic Energy Act (AEA) of 1954, as amended, or any regulation or order issued under the AEA, codified in section 2.205(j) of title 10 of the Code of Federal Regulations (CFR), ``Civil Penalties''; and (2) a false claim or statement made under the Program Fraud Civil Remedies Act, codified in 10 CFR 13.3, ``Basis for Civil Penalties and Assessments.'' Pursuant to the 2015 Improvements Act, the NRC codified on January 12, [[Page 22536]] 2018 (83 FR 1515), the revised maximum daily base CMP based on the percentage change in the consumer price index between October 2017 and October 2016. Because this revised monetary value directly impacts the CMPs assessed to NRC licensees, the NRC's Enforcement Policy table of civil penalties requires revision. Specifically, the monetary amounts found in Section 8.0, ``Table of Base Civil Penalties'' items a--e and g. This monetary adjustment does not include item ``f'' since its monetary value is based on the estimated or actual cost of authorized disposal and not on the monetary value codified in 10 CFR 2.205(j). Accordingly, the NRC has revised its Policy to read as follows: 8.0--Table of Base Civil Penalties Table A ------------------------------------------------------------------------ ------------------------------------------------------------------------ a. Power reactors, gaseous diffusion uranium enrichment $290,000 plants, and high-level waste repository................ b. Fuel fabricators authorized to possess Category I or 145,000 II quantities of SNM and uranium conversion facilities. c. All other fuel fabricators, including facilities 72,500 under construction, authorized to possess Category III quantities of SNM, industrial processors, independent spent fuel and monitored retrievable storage installations, mills, gas centrifuge and laser uranium enrichment facilities.................................. d. Test reactors, contractors, waste disposal licensees, 29,000 industrial radiographers, and other large material users.................................................. e. Research reactors, academic, medical, or other small 14,500 material users......................................... f. Loss, abandonment, or improper transfer or disposal of regulated material, regardless of the use or type of licensee: 1. Sources or devices with a total activity greater 54,000 than 3.7 x 104 MBq (1 Curie), excluding hydrogen-3 (tritium).......................................... 2. Other sources or devices containing the materials 17,000 and quantities listed in 10 CFR 31.5(c)(13)(i)..... 3. Sources and devices not otherwise described above 7,000 g. Individuals who release safeguards information....... 7,250 ------------------------------------------------------------------------ II. Procedural Requirements Paperwork Reduction Act Statement This policy statement does not contain any new or amended collection of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collection of information were approved by the Office of Management and Budget (OMB), approval numbers 3150-0010 and 3150-0136. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. Congressional Review Act This action is not a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). Dated at Rockville, Maryland, this 10th day of May 2018. For the Nuclear Regulatory Commission. Victor McCree, Executive Director for Operations. [FR Doc. 2018-10350 Filed 5-14-18; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices 22535
NRC electronically in accordance with site-help/e-submittals.html. To ensure 301–415–1677 to request a digital ID
NRC’s E-Filing rule promulgated in timely electronic filing, at least 5 days certificate and allow for the creation of
August 2007 (72 FR 49139; August 28, prior to the filing deadline, the an electronic docket.
2007). Information about filing petitioner/requestor should contact the The information concerning this
electronically is available on the NRC’s Office of the Secretary by email at application for an export license
public website at http://www.nrc.gov/ hearingdocket@nrc.gov or by calling amendment and renewal follows:
NRC EXPORT LICENSE AMENDMENT AND RENEWAL APPLICATION
[Description of Material]
Name of applicant, date of
application, date received, Country of
Application No., Material type Total quantity End use destination
Docket No., and
ADAMS Accession No.
Diversified Scientific Serv- Radioactive waste equivalent to Authorization to export Return of non-conforming waste and/or waste resulting Canada.
ices, Inc. (DSSI). Class A, B, and/or C, including a total maximum from processing materials for appropriate disposition.
February 9, 2018. oil, solvents, scintillation fluids, quantity of 378,000 The amendment and renewal requests: (1) An exten-
February 14, 2018. grease, paint chips, paint sludge, kilograms. sion of the license from March 31, 2017 to March 31,
XW008/05. spent bead resins, powder res- 2022; (2) a change to the license point of contact; (3)
11005323. ins, contaminated with activated a change in the name of one ultimate foreign con-
ML18085A690. carbon-14, hydrogen-3, and signee from Atomic Energy of Canada Limited to Ca-
other mixed fission product nadian Nuclear Laboratories; 4) removal of the ref-
radionuclides. The maximum ac- erence to Waste Classification as defined in 10 CFR
tivity level of all contaminants 61.55 and reference to Table A2 values of 49 CFR
combined shall not exceed 75 173.435 from the waste description since 10 CFR
Terrabecquerels (2,010 curies) 61.55 is not applicable because treated and proc-
per shipment. essed waste are to be returned to Canada; (5) re-
moval of previous references to Import License
IW012/05; (6) updated radioactivity levels; and (7) in-
clusion of a port of exit in the State of New York and
a port of exit in State of Michigan.
Dated at Rockville, Maryland, this 9th day NRC about the availability of Regulatory Commission, Washington,
of May 2018. information regarding this document. DC 20555–0001.
For the Nuclear Regulatory Commission. You may obtain publicly-available SUPPLEMENTARY INFORMATION:
David L. Skeen, information related to this document
Deputy Director, Office of International using any of the following methods: I. Background
Programs. • Federal Rulemaking Website: Go to In 1990, Congress passed the Federal
[FR Doc. 2018–10247 Filed 5–14–18; 8:45 am] http://www.regulations.gov and search Civil Penalties Inflation Adjustment Act
BILLING CODE 7590–01–P for Docket ID NRC–2018–0082. Address of 1990, to provide for regular
questions about NRC dockets to Jennifer adjustment for inflation of civil
Borges; telephone: 301–287–9127; monetary penalties (CMPs). As amended
NUCLEAR REGULATORY email: Jennifer.Borges@nrc.gov. For
COMMISSION by the Debt Collection Improvement Act
technical questions, contact the of 1996, the FCPIAA required that the
[NRC–2018–0082] individual listed in the FOR FURTHER head of each Federal agency review, and
INFORMATION CONTACT section of this if necessary, adjust by regulation the
Revision of the NRC Enforcement document. CMPs assessed under statutes enforced
Policy • NRC’s Agencywide Documents by the agency at least once every four
AGENCY: Nuclear Regulatory Access and Management System years.
Commission. (ADAMS): You may obtain publicly- On November 2, 2015, the President
ACTION: Revision to policy statement.
available documents online in the of the United States signed into law the
ADAMS Public Documents collection at 2015 Improvements Act, which further
SUMMARY: The U.S. Nuclear Regulatory http://www.nrc.gov/reading-rm/ amended the FCPIAA and requires
Commission (NRC) is publishing a adams.html. To begin the search, select Federal agencies to adjust their CMPs
revision to its Enforcement Policy ‘‘ADAMS Public Documents’’ and then annually for inflation no later than
(Enforcement Policy or Policy) to select ‘‘Begin Web-based ADAMS January 15 of each year. These
address the requirements of the Federal Search.’’ For problems with ADAMS, requirements apply to the NRC’s
Civil Penalties Inflation Adjustment Act please contact the NRC’s Public maximum CMP amounts for (1) a
Improvements Act of 2015 (2015 Document Room (PDR) reference staff at violation of the Atomic Energy Act
Improvements Act). The 2015 1–800–397–4209, 301–415–4737, or by (AEA) of 1954, as amended, or any
Improvements Act amended the Federal email to pdr.resource@nrc.gov. regulation or order issued under the
Civil Penalties Inflation Adjustment Act • NRC’s PDR: You may examine and AEA, codified in section 2.205(j) of title
(FCPIAA) of 1990, and now requires purchase copies of public documents at 10 of the Code of Federal Regulations
daltland on DSKBBV9HB2PROD with NOTICES
Federal agencies to adjust their the NRC’s PDR, Room O1–F21, One (CFR), ‘‘Civil Penalties’’; and (2) a false
maximum civil monetary penalty White Flint North, 11555 Rockville claim or statement made under the
annually for inflation. Pike, Rockville, Maryland 20852. Program Fraud Civil Remedies Act,
DATES: This action was effective on FOR FURTHER INFORMATION CONTACT: codified in 10 CFR 13.3, ‘‘Basis for Civil
January 12, 2018. Gerry Gulla, Office of Enforcement, Penalties and Assessments.’’
ADDRESSES: Please refer to Docket ID telephone: 301–287–9143, email: Pursuant to the 2015 Improvements
NRC–2018–0082 when contacting the Gerald.Gulla@nrc.gov, U.S. Nuclear Act, the NRC codified on January 12,
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![22536 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices
2018 (83 FR 1515), the revised NRC’s Enforcement Policy table of civil estimated or actual cost of authorized
maximum daily base CMP based on the penalties requires revision. Specifically, disposal and not on the monetary value
percentage change in the consumer the monetary amounts found in Section codified in 10 CFR 2.205(j).
price index between October 2017 and 8.0, ‘‘Table of Base Civil Penalties’’ Accordingly, the NRC has revised its
October 2016. Because this revised items a—e and g. This monetary Policy to read as follows:
monetary value directly impacts the adjustment does not include item ‘‘f’’
CMPs assessed to NRC licensees, the since its monetary value is based on the
8.0—TABLE OF BASE CIVIL PENALTIES
Table A
a. Power reactors, gaseous diffusion uranium enrichment plants, and high-level waste repository .................................................. $290,000
b. Fuel fabricators authorized to possess Category I or II quantities of SNM and uranium conversion facilities .............................. 145,000
c. All other fuel fabricators, including facilities under construction, authorized to possess Category III quantities of SNM, indus-
trial processors, independent spent fuel and monitored retrievable storage installations, mills, gas centrifuge and laser ura-
nium enrichment facilities ................................................................................................................................................................. 72,500
d. Test reactors, contractors, waste disposal licensees, industrial radiographers, and other large material users ........................... 29,000
e. Research reactors, academic, medical, or other small material users ........................................................................................... 14,500
f. Loss, abandonment, or improper transfer or disposal of regulated material, regardless of the use or type of licensee:
1. Sources or devices with a total activity greater than 3.7 × 104 MBq (1 Curie), excluding hydrogen-3 (tritium) .................... 54,000
2. Other sources or devices containing the materials and quantities listed in 10 CFR 31.5(c)(13)(i) ........................................ 17,000
3. Sources and devices not otherwise described above ............................................................................................................. 7,000
g. Individuals who release safeguards information ............................................................................................................................. 7,250
II. Procedural Requirements PLACE: Offices of the Corporation, OPIC’s Corporate Secretary, at the cost
Twelfth Floor Board Room, 1100 New of reproduction.
Paperwork Reduction Act Statement Written summaries of the projects to
York Avenue NW, Washington, DC.
This policy statement does not STATUS: Hearing OPEN to the Public at be presented at the June 14, 2018, Board
contain any new or amended collection 2:00 p.m. meeting will be posted on OPIC’s
of information subject to the Paperwork PURPOSE: Public Hearing in conjunction website.
Reduction Act of 1995 (44 U.S.C. 3501 with each meeting of OPIC’s Board of CONTACT PERSON FOR INFORMATION:
et seq.). Existing collection of Directors, to afford an opportunity for Information on the hearing may be
information were approved by the any person to present views regarding obtained from Catherine F.I. Andrade at
Office of Management and Budget the activities of the Corporation. (202) 336–8768, via facsimile at (202)
(OMB), approval numbers 3150–0010 PROCEDURES: Individuals wishing to 408–0297, or via email at
and 3150–0136. address the hearing orally must provide Catherine.Andrade@opic.gov.
Public Protection Notification advance notice to OPIC’s Corporate Dated: May 11, 2018.
Secretary no later than 5 p.m. Catherine F.I. Andrade,
The NRC may not conduct or sponsor, Wednesday, May 30, 2018. The notice OPIC Corporate Secretary.
and a person is not required to respond must include the individual’s name, [FR Doc. 2018–10405 Filed 5–11–18; 11:15 am]
to, a collection of information unless the title, organization, address, and
BILLING CODE 3210–01–P
document requesting or requiring the telephone number, and a concise
collection displays a currently valid summary of the subject matter to be
OMB control number. presented.
Oral presentations may not exceed ten POSTAL REGULATORY COMMISSION
Congressional Review Act (10) minutes. The time for individual [Docket Nos. MC2018–148 and CP2018–214;
This action is not a rule as defined in presentations may be reduced MC2018–149 and CP2018–215]
the Congressional Review Act (5 U.S.C. proportionately, if necessary, to afford
all participants who have submitted a New Postal Products
801–808).
timely request an opportunity to be AGENCY: Postal Regulatory Commission.
Dated at Rockville, Maryland, this 10th day heard.
of May 2018. Participants wishing to submit a ACTION: Notice.
For the Nuclear Regulatory Commission. written statement for the record must
Victor McCree,
SUMMARY: The Commission is noticing a
submit a copy of such statement to recent Postal Service filing for the
Executive Director for Operations. OPIC’s Corporate Secretary no later than Commission’s consideration concerning
[FR Doc. 2018–10350 Filed 5–14–18; 8:45 am] 5 p.m. Wednesday, May 30, 2018. Such negotiated service agreements. This
BILLING CODE 7590–01–P statement must be typewritten, double notice informs the public of the filing,
spaced, and may not exceed twenty-five invites public comment, and takes other
(25) pages. administrative steps.
Upon receipt of the required notice,
DATES: Comments are due: May 17,
OVERSEAS PRIVATE INVESTMENT OPIC will prepare an agenda, which
daltland on DSKBBV9HB2PROD with NOTICES
will be available at the hearing, that 2018.
CORPORATION
identifies speakers, the subject on which ADDRESSES: Submit comments
Sunshine Notice; June 6, 2018 Public each participant will speak, and the electronically via the Commission’s
Hearing time allotted for each presentation. Filing Online system at http://
A written summary of the hearing will www.prc.gov. Those who cannot submit
TIME AND DATE: 2:00 p.m., Wednesday, be compiled, and such summary will be comments electronically should contact
June 6, 2018. made available, upon written request to the person identified in the FOR FURTHER
VerDate Sep<11>2014 20:27 May 14, 2018 Jkt 244001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 E:\FR\FM\15MYN1.SGM 15MYN1](https://thefederalregister.org/doc/83_FR_22629/page/2.svg)
Document Created: 2018-05-15 00:33:57
Document Modified: 2018-05-15 00:33:57
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Revision to policy statement. | |
| Dates | This action was effective on January 12, 2018. | |
| Contact | Gerry Gulla, Office of Enforcement, telephone: 301-287-9143, email: [email protected], U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 83 FR 22535 |
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