Clarification of NRC Civil Penalty Authority Over Contractors and Subcontractors Who Discriminate Against Employees for Engaging in Protected Activities, 63969-63975 [E7-22190]
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Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations
Appendix B to Subpart B of Part 532—
Nationwide Schedule of
Nonappropriated Fund Regular Wage
Surveys
2. Appendix B to subpart B is
amended by removing, under the State
of Illinois, ‘‘Rock Island.’’
I
Appendix D to Subpart B of Part 532—
Nonappropriated Fund Wage and
Survey Areas
3. Appendix D to subpart B is
amended for the State of Illinois by
removing the wage area listing for Rock
Island, Illinois, and revising the wage
area listing for Lake, Illinois, to read as
follows:
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I
ILLINOIS
*
*
*
Lake
Survey Area
*
*
Illinois:
Lake
Area of application. Survey area plus:
Illinois:
Cook
Rock Island
Vermilion
Iowa:
Johnson
Michigan:
Dickinson
Marquette
Wisconsin:
Dane
Milwaukee
*
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[FR Doc. E7–22263 Filed 11–13–07; 8:45 am]
BILLING CODE 6325–39–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 30, 40, 50, 52, 60, 61, 63,
70, 71, 72, and 76
RIN 3150–AH59
Clarification of NRC Civil Penalty
Authority Over Contractors and
Subcontractors Who Discriminate
Against Employees for Engaging in
Protected Activities
Nuclear Regulatory
Commission.
ACTION: Final rule.
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AGENCY:
SUMMARY: The Nuclear Regulatory
Commission (NRC or Commission) is
amending its employee protection
regulations to clarify the Commission’s
authority to impose a civil penalty upon
a non-licensee contractor or
subcontractor of a Commission licensee,
or applicant for a Commission license
who violates the NRC’s regulations by
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discriminating against employees for
engaging in protected activity. The NRC
is also amending its employee
protection regulations related to the
operation of Gaseous Diffusion Plants to
conform with the NRC’s other employee
protection regulations and to allow the
NRC to impose a civil penalty on the
United States Enrichment Corporation
(USEC or Corporation), as well as a
contractor or subcontractor of USEC.
DATES: Effective Date: The effective date
of this final rule is December 14, 2007.
FOR FURTHER INFORMATION CONTACT:
Doug Starkey, Office of Enforcement,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001;
Telephone (301) 415–3456; e-mail
drs@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Commission’s employee
protection regulations in 10 CFR 30.7,
40.7, 50.7, 52.5,1 60.9, 61.9, 63.9, 70.7,
71.9, 72.10, and 76.7 prohibit
discrimination by a Commission
licensee, applicant for a Commission
license, a holder of or applicant for a
certificate of compliance (CoC) or the
Corporation, or contractor or
subcontractor of these entities, against
employees for engaging in certain
protected activities. These regulations
identify certain enforcement actions for
violations of the requirements. The
enforcement actions are denial,
revocation, or suspension of the license
or certificate; imposition of a civil
penalty on the licensee or applicant; or
other enforcement action. While the
employee protection regulations
prohibit discrimination by a contractor
or subcontractor, they do not explicitly
provide for imposition of a civil penalty
on a contractor or subcontractor.
On January 16, 1998, the NRC issued
an enforcement action against Five Star
Products, Inc., and Construction
Products Research, Inc., contractors to
the nuclear industry, for discriminating
against one of its employees. Following
this enforcement action, the NRC
considered modifications to the NRC’s
employee protection regulations that
would clearly allow the NRC, within the
limits of its jurisdiction, to impose civil
penalties on non-licensees for
discriminating against employees who
1 This final rule amends 10 CFR 52.5(c) to
conform with the other employee protection
regulations regarding civil penalties to contractors
and subcontractors. 10 CFR 52.5(c) was not
included in the proposed rule submitted to the
Commission in SECY–05–0212 because, at that
time, 10 CFR Part 52 did not contain employee
protection provisions. 10 CFR Part 52 has since
been amended (72 FR 49352, in part, to include a
new section, 10 CFR 52.5, Employee protection.
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63969
have engaged in protected activities. At
the time that NRC took the enforcement
action against Five Star Products, Inc.,
and Construction Products Research,
Inc., the NRC was engaged in litigation
with another non-licensee, Thermal
Science, Inc., that included an issue
concerning the scope of the
Commission’s civil penalty authority
over non-licensees. Consequently, the
NRC deferred modifying the NRC’s
employee protection regulations
pending resolution of action in Thermal
Science, Inc., v. NRC (Case No.
4:96CV02281–CAS). That case was
subsequently settled.
On April 14, 2000, the NRC Executive
Director for Operations (EDO) approved
the establishment of a Discrimination
Task Group (DTG) to, among other
things, evaluate the NRC’s handling of
matters covered by its employee
protection regulations. During this
review, the DTG held 12 public
meetings and provided the public with
an opportunity to comment on its draft
report. Among other recommendations,
the DTG recommended in its report,
‘‘Policy Options and Recommendations
for Revising the NRC’s Process for
Handling Discrimination Issues,’’ dated
April 2002, that rulemaking be initiated
to allow the NRC to impose civil
penalties on contractors working for
NRC licensees. The DTG received public
comments both in favor of, and opposed
to, the recommendation that NRC
conduct a rulemaking to allow the
imposition of civil penalties against
contractors for violating the NRC’s
employee protection requirements.
The DTG’s report was forwarded to
the Commission as an attachment to
SECY–02–0166, ‘‘Policy Options and
Recommendations for Revising the
NRC’s Process for Handling
Discrimination Issues,’’ dated
September 12, 2002. On March 26, 2003,
the Commission issued a Staff
Requirements Memorandum (SRM) on
SECY–02–0166, approving the
recommendations of the DTG as revised
by the Senior Management Review
Team, subject to certain comments. The
Senior Management Review Team was
appointed by the EDO to review the
final recommendations of the DTG and
provide any additional perspectives that
could enhance the potential options.
The Commission approved, without
comment, the DTG rulemaking
recommendation regarding civil
penalties against contractors.
The NRC staff submitted a proposed
rule to amend the employee protection
regulations to exercise NRC’s authority
to impose civil penalties against
contractors and subcontractors to the
Commission on November 17, 2005
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(SECY–05–0212). In SRM–SECY–05–
0212, dated December 21, 2005, the
Commission approved the staff’s
recommendation to publish the
proposed rule, with certain changes
directed by the Commission. The
proposed rule was published in the
Federal Register on January 31, 2006
(71 FR 5015). Public comment was
requested on the proposed amendments
as well as on the draft environmental
assessment and regulatory analysis that
had been prepared on the proposed rule.
The final rule does not differ from the
recommendations in the proposed rule.
Discussion
The amendments allow the
Commission to impose civil penalties
on contractors or subcontractors for
violations of Commission employee
protection requirements. The rule
represents a significant change in
Commission policy in that, currently, a
licensee can receive a civil penalty for
the discriminatory activities of its
contractor or subcontractor, while the
contractor or subcontractor is not
subject to civil penalty enforcement
action. The amendments clarify the
NRC’s authority to impose a civil
penalty directly on contractors or
subcontractors who violate the NRC’s
employee protection regulations. This
authority derives from Section 234 of
the Atomic Energy Act, which provides
that the Commission may impose civil
penalties on any person who violates
any rule, regulation, or order issued
under any of the enumerated provisions
of the Act, or any term, condition, or
limitation of any license or certification
issued under the Act, or who commits
a violation for which a license may be
revoked. Section 11s of the Atomic
Energy Act broadly defines the term
‘‘person’’ to include any individual,
corporation, partnership, firm,
association, trust, estate, public or
private institution group, Government
agency other than the Commission, any
State or any political subdivision of, or
any political entity within a State, any
foreign government or nation or any
political subdivision of any such
government or nation, or other entity;
and any legal successor, representative,
agent, or agency of the foregoing.
In 1991, the Commission amended its
regulations to allow it to take
enforcement action against unlicensed
persons for deliberate misconduct (56
FR 40664; August 15, 1991). In so doing,
the Commission emphasized that ‘‘any
person’’ as defined in the Atomic
Energy Act necessarily encompasses
non-licensees, in order to effectuate the
purposes of the Act as it applies to
licensees. In that rulemaking, the
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Commission also noted that it may be
able to exercise its Section 234 authority
to impose civil penalties on unlicensed
persons who deliberately cause a
licensee to be in violation of
requirements.
In 1998, the NRC issued a Severity
Level I Notice of Violation without a
civil penalty to Five Star Products, Inc.
and Construction Products Research,
Inc. in response to their discrimination
against a former employee who raised
safety concerns. Five Star Products, Inc.
and Construction Products Research,
Inc. were not licensees, but supplied
safety-related basic components and
services associated with those basic
components to the nuclear industry at
the time of the discrimination.2
It is important that contractors and
subcontractors abide by the
Commission’s employee protection
regulations to effectuate the purposes of
the Act because the activities of
contractors and subcontractors can
clearly affect the safe operation of a
licensee’s facility. These amendments
allow the Commission to impose civil
penalties on any non-licensee employer
that discriminates against an employee
for engaging in protected activity, if that
employer is a contractor or
subcontractor of a licensee or the
Corporation at the time that the
employee engaged in the protected
activity that resulted in discrimination.
These amendments will serve the dual
objectives of deterring contractors and
subcontractors from violating NRC’s
employee protection regulations and
allowing employees to raise regulatory
and safety concerns without fear of
retaliation. Both of these objectives are
critical to the nuclear industry’s ability
to carry out licensed activities safely.
However, the Commission
emphasizes that the amendments do not
affect its ability to impose civil penalties
against licensees or applicants for
discrimination, nor do they diminish
the focus on licensee responsibility in
the investigative and enforcement
process. The Commission has long held
licensees to be responsible for
maintaining control and oversight of
contractor and subcontractor activities.
The modifications to the employee
protection regulations do not indicate a
change in Commission policy in this
regard, nor do they diminish the ability
of the NRC to impose civil penalties
against licensees. There may be
2 In an earlier case, CLI–93–23, 38 NRC 169, 178–
84 (1993), the Commission held that Five Star
Products is a ‘‘contractor’’ and Construction
Products Research, Inc., is a ‘‘subcontractor’’ within
the meaning of Section 211 of the Energy
Reorganization Act of 1974, as amended, and 10
CFR 50.7.
PO 00000
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instances when the Commission may
wish to issue civil penalties to the
responsible contractor or subcontractor,
or both, and the licensee. The
Commission is maintaining its policy of
emphasizing licensee responsibilities
for the actions of their contractors and
subcontractors. The Commission
believes that these amendments are
necessary and will offer additional
enhancements to the regulatory process
by allowing the Commission to exercise
its authority to impose a significant
enforcement action (i.e., civil penalty)
directly on contractors or subcontractors
who violate the NRC’s employee
protection regulations.
The NRC is not amending 10 CFR 71.9
and 72.10 to provide for imposing a
civil penalty against a holder or
applicant for a CoC, or contractor or
subcontractor of a holder or applicant
for a CoC. However, if a holder of, or
applicant for, a CoC is also a contractor
or subcontractor of a licensee or
applicant for a license, then a civil
penalty could be imposed on the holder
of, or applicant for, a CoC in its capacity
as a contractor or subcontractor.
In addition, in drafting the proposed
rule, the NRC identified that 10 CFR
76.7 does not specify the availability of
civil penalties as an enforcement action.
The Supplementary Information that
accompanied the promulgation of 10
CFR 76.7 does not indicate that this
omission was intentional.3 Therefore,
the NRC is amending 10 CFR 76.7 to
bring it into conformance with the
provisions of the other NRC’s employee
protection regulations by providing that
the Commission may impose a civil
penalty on the Corporation or a
contractor or subcontractor of the
Corporation.
The NRC has also revised the
authority citations to correctly reflect
current statutory authority.
Comment Analysis
The period for submitting comments
on the proposed rule, draft
environmental assessment, or regulatory
analysis expired on April 17, 2006. The
NRC received an e-mail from a private
citizen and one letter from Project on
Government Oversight (POGO). In
general, the comments were supportive
of the proposed rule. A summary of the
issues raised by the commenters,
followed by the NRC’s responses to the
comments, is provided below.
3 The Supplementary Information states that part
76 is based upon comparable requirements; in
particular, 10 CFR part 70, as modified for the
certification process. There is no indication that the
omission of civil penalties was intended as such a
modification (59 FR 48944; September 23, 1994).
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Comment summary. A commenter
stated that it should be a rare exception
and require Commission consultation
before the NRC staff issues an
enforcement action against a contractor
without taking some enforcement action
against the licensee. The commenter
added that the Statement of
Considerations in the final rulemaking
should include a statement that
consultation with the Commission will
be required if the NRC staff issues
enforcement action against a contractor
without taking enforcement action
against the licensee.
Response. The NRC agrees that
enforcement action will generally
continue to be taken against a licensee
for the discriminatory actions of its
contractors or subcontractors. The
modifications to the employee
protection regulations added in this
rulemaking do not indicate a change in
Commission policy in this regard or
diminish the ability of the NRC to
impose civil penalties against licensees
or applicants for discrimination, nor do
they diminish the focus on licensee
responsibility in the investigative and
enforcement process.
The NRC does not believe it is
necessary to require Commission
consultation should the staff proceed
with an enforcement action against a
contractor or subcontractor but not the
licensee. Instead, the NRC believes that
the decision about whether to take
enforcement action against a contractor
without taking some enforcement action
against the licensee should be
determined after reviewing the
circumstances surrounding the
discrimination on a case-by-case basis
using the guidance in the Enforcement
Policy and NRC Enforcement Manual.
Although the staff will not
automatically seek Commission
consultation in these circumstances, the
Enforcement Policy currently provides
that the Commission will be provided
written notification of all enforcement
actions involving civil penalties, and
that the Commission will be consulted
on any proposed enforcement action on
which the Commission requests
consultation.
Comment summary. One commenter
stated that the proposed rule should
apply to all licensees, applicants,
contractors and subcontractors,
including a holder or applicant for a
Certificate of Compliance (CoC) under
10 CFR 71.9 and 72.10.
Response. The NRC is not amending
10 CFR 71.9 or 72.10 in this rulemaking
to provide for imposing a civil penalty
against a holder or applicant for a CoC.
However, the Commission, in SRM–
SECY–05–0212, ‘‘Proposed
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Rulemaking—Clarification of the NRC
Civil Penalty Authority Over
Contractors and Subcontractors Who
Discriminate Against Employees for
Engaging in Protected Activities,’’
directed the NRC staff (although as a
low priority) to draft appropriate
legislative language to be provided in
any future legislative request to
Congress for the extension of this
rulemaking to cover those excluded
certificate holders.
Comment summary. One commenter
recommended that the proposed
amendments to 10 CFR 30.7, 40.7, 61.9,
70.7, and 71.9 be categorized at the
Agreement State Compatibility Category
C designation (meets the essential
objectives of NRC employee protection
requirements) instead of as Agreement
State Compatibility Category D (does not
need to be adopted by Agreement
States), as was proposed. In addition,
this comment stated that the NRC
should issue a policy statement to
Agreement States detailing the
obligations under Category C.
Response. The Commission in SRM–
SECY–99–002, dated March 12, 1999,
disapproved the staff’s plans to
designate 10 CFR 19.20, 30.7, 40.7, 61.9,
and 70.7 as compatibility Category C for
Agreement States. However, the
Commission provided direction to the
staff that its decision could be revisited
if the staff believed at some time in the
future that there was a regulatory
performance gap that put Agreement
State licensee employees at a higher risk
than NRC licensee employees as a result
of the present compatibility category.
The NRC staff is currently reevaluating,
under an initiative separate from this
rulemaking, the effects of the Category
D designation on Agreement State
employees. Upon completion of that
evaluation, the staff will determine
whether additional actions are
necessary regarding Agreement State
employee protection compatibility
categories. That evaluation and any
subsequent staff recommendations to
the Commission regarding compatibility
categories are separate from this
rulemaking and will not be included in
this rulemaking. Therefore, the current
compatibility Category D designation
has not been changed in this final rule.
Section-by-Section Analysis of
Substantive Changes
Sections 30.7, 40.7, 50.7, 52.5, 60.9,
61.9, 63.9, and 70.7, are amended to
provide that, in addition to imposing a
civil penalty against a Commission
licensee or applicant for a Commission
license, the Commission may impose a
civil penalty against a contractor or
subcontractor of either of these entities
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63971
for discriminating against an employee
for engaging in protected activity.
Section 71.9 is amended to provide
that, in addition to imposing a civil
penalty against a Commission licensee,
or applicant, the Commission may
impose a civil penalty against a
contractor or subcontractor of these
entities for discriminating against an
employee for engaging in protected
activity.
Section 72.10 is amended to provide
that, in addition to imposing a civil
penalty against a Commission licensee
or applicant, the Commission may
impose a civil penalty against a
contractor or subcontractor of the
licensee, or applicant.
Section 76.7 is amended to provide
that the Commission may impose a civil
penalty on the Corporation or contractor
or subcontractor of the Corporation.
Agreement State Compatibility
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ which
became effective on September 3, 1997
(62 FR 46517), NRC program elements
(including regulations) are placed into
Compatibility Categories A, B, C, D,
NRC or category Health and Safety
(H&S). Category A includes program
elements that are basic radiation
protection standards or related
definitions, signs, labels or terms
necessary for a common understanding
of radiation protection principles and
should be essentially identical to those
of the NRC. Category B includes
program elements that have significant
direct transboundary implications and
should be essentially identical to those
of the NRC. Compatibility Category C
are those program elements that do not
meet the criteria of Category A or B, but
the essential objectives of which an
Agreement State should adopt to avoid
conflict, duplication, gaps, or other
conditions that would jeopardize an
orderly pattern in the regulation of
agreement material on a nationwide
basis. Compatibility Category D are
those program elements that do not
meet any of the criteria of Category A,
B, or C, and do not need to be adopted
by Agreement States. Compatibility
Category NRC are those program
elements that address areas of regulation
that cannot be relinquished to
Agreement States under the Atomic
Energy Act, as amended, or provisions
of Title 10 of the Code of Federal
Regulations and cannot be adopted by
Agreement States. Category H&S are
program elements that are not required
for compatibility, but have a particular
health and safety role in the regulation
of agreement material and the State and
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should contain the essential objectives
of the NRC program elements.
The revisions to 10 CFR 50.7, 52.5,
60.9, 63.9, 72.10, and 76.7 are not
relevant to Agreement State programs
because these NRC regulations address
areas of exclusive NRC authority and are
designated a Compatibility Category
NRC. The revisions to 10 CFR 30.7, 40.7,
61.9, 70.7, and 71.9 are categorized as
Compatibility Category D, and therefore
do not need to be adopted by Agreement
States.
Availability of Documents
The NRC is making the documents
identified below available to interested
persons through one or more of the
following methods as indicated.
Public Document Room (PDR). The
NRC PDR is located at 11555 Rockville
Pike, Rockville, Maryland.
Rulemaking Web site (Web). The
NRC’s interactive rulemaking Web site
is located at https://ruleforum.llnl.gov.
These documents may be viewed and
downloaded electronically via this Web
site.
NRC’s Agencywide Document Access
and Management System (ADAMS). The
NRC’s PARS Library is located at
https://www.nrc.gov/readingrm/
adams.html.
Document
PDR
Web
Public Comment ........................................................................................................................
56 FR 40664 ..............................................................................................................................
Public Comment ........................................................................................................................
Final Rule—Regulatory Analysis ...............................................................................................
Final Rule—Environmental Analysis .........................................................................................
Enforcement Policy Revision .....................................................................................................
SECY–02–0166 .........................................................................................................................
SRM–SECY–02–0166 ...............................................................................................................
Proposed Rule FRN ..................................................................................................................
SECY–05–0212 .........................................................................................................................
SRM–SECY–05–0212 ...............................................................................................................
SRM–SECY–99–002 .................................................................................................................
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Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995, Public
Law 104–113, requires that Federal
agencies use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless
using such a standard is inconsistent
with applicable law or is otherwise
impractical. In this final rule, the NRC
is amending its regulations to enable the
Commission to impose civil penalties
upon non-licensee contractors and
subcontractors who discriminate against
employees for engaging in certain
protected activities. This action does not
constitute the establishment of a
standard that contains generally
applicable requirements.
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Finding of No Significant
Environmental Impact: Availability
The Commission has determined
under the National Environmental
Policy Act of 1969, Public Law 97–190
(42 U.S.C. 4321 et seq.), as amended,
and the Commission’s regulations in
Subpart A of 10 CFR Part 51, that this
rule, is not a major Federal action
significantly affecting the quality of the
human environment; and, therefore, an
environmental impact statement is not
required. The basis for this
determination is that this rulemaking
will not significantly increase the
probability or consequences of
accidents, no changes will be made in
the types of effluents that may be
released offsite, there will be no
significant increase in public radiation
exposure, nor will there be a direct nor
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reasonably foreseeable indirect effect on
the water, land, or air.
The NRC requested the views of the
States on the environmental assessment
(EA). The EA, upon which the
Commission’s finding of no significant
impact is based, is available for
examination and copying at the NRC
PDR, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. No
comments were received on the EA.
Single copies of the analysis may be
obtained from the Office of
Enforcement, U.S. Nuclear Regulatory
Commission, at 301–415–3456 or by
e-mail at drs@nrc.gov.
Paperwork Reduction Act Statement
This final rule does not contain new
or amended information collection
requirements subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing requirements were
approved by the Office of Management
and Budget, approval numbers 3150–
0017, 3150–0020, 3150–0011, 3150–
0127, 3150–0135, 3150–0199, 3150–
0009, 3150–0008, 3150–0132 and 3150–
0151.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid OMB control
number.
Regulatory Analysis
The Commission has prepared a
regulatory analysis on this final
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regulation. The analysis examined the
costs and benefits of the alternatives
considered by the Commission. No
comments were received on the
regulatory analysis. The regulatory
analysis is available for inspection in
the NRC’s PDR, 11555 Rockville Pike,
Rockville, MD 20852. Single copies of
the analysis may be obtained from the
Office of Enforcement, U.S. Nuclear
Regulatory Commission, at 301–415–
3456 or by e-mail at drs@nrc.gov.
Regulatory Flexibility Certification
In accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), the
Commission certifies that this rule does
not have a significant economic impact
on a substantial number of small entities
based on the definition of ‘‘small
entities’’ set forth in the Regulatory
Flexibility Act or the Size Standards
established by the Nuclear Regulatory
Commission (10 CFR 2.810). The
provisions only impact contractors or
subcontractors of licensees or applicants
who violate the NRC’s regulations by
discriminating against employees who
engage in protected activities.
Backfit Analysis
The Commission has determined that
the backfit rule is not required for this
final rule because these amendments do
not include any provisions that would
require backfits as defined in 10 CFR
Chapter I.
Congressional Review Act
Under the Congressional Review Act
of 1996, the NRC has determined that
this action is not a major rule and has
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63973
verified this determination with the
Office of Information and Regulatory
Affairs, Office of Management and
Budget.
Radiation protection, Reporting and
recordkeeping requirements, Scientific
equipment, Security measures, Special
nuclear material.
subcontractor of the licensee or
applicant.
*
*
*
*
*
List of Subjects
10 CFR Part 71
PART 40—DOMESTIC LICENSING OF
SOURCE MATERIAL
10 CFR Part 30
Byproduct material, Criminal
penalties, Government contracts,
Intergovernmental relations, Isotopes,
Nuclear materials, Radiation protection,
Reporting and recordkeeping
requirements.
Criminal penalties, Hazardous
materials transportation, Nuclear
materials, Packaging and containers,
Reporting and recordkeeping
requirements.
10 CFR Part 40
Criminal penalties, Government
contracts, Hazardous materials
transportation, Nuclear materials,
Reporting and recordkeeping
requirements, Source material,
Uranium.
10 CFR Part 52
Administrative practice and
procedure, Antitrust, Backfitting,
Combined license, Early site permit,
Emergency planning, Fees, Inspection,
Limited work authorization, Nuclear
power plants and reactors, Probabilistic
risk assessment, Prototype, Reactor
siting criteria, Redress of site, Reporting
and recordkeeping requirements,
Standard design, Standard design
certification.
10 CFR Part 60
Criminal penalties, High-level waste,
Nuclear materials, Nuclear power plants
and reactors, Reporting and
recordkeeping requirements, Waste
treatment and disposal.
10 CFR Part 61
Criminal penalties, Low-level waste,
Nuclear materials, Reporting and
recordkeeping requirements, Waste
treatment and disposal.
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10 CFR Part 63
Criminal penalties, High-level waste,
Nuclear power plants and reactors,
Reporting and recordkeeping
requirements, Waste treatment and
disposal.
VerDate Aug<31>2005
14:53 Nov 13, 2007
Jkt 214001
Administrative practice and
procedure, Criminal penalties,
Manpower training programs, Nuclear
materials, Occupational safety and
health, Penalties, Radiation protection,
Reporting and recordkeeping
requirements, Security measures, Spent
fuel, Whistleblowing.
10 CFR Part 76
10 CFR Part 50
Antitrust, Classified information,
Criminal penalties, Fire protection,
Intergovernmental relations, Nuclear
power plants and reactors, Radiation
protection, Reactor siting criteria,
Reporting and recordkeeping
requirements.
10 CFR Part 70
Criminal penalties, Hazardous
materials transportation, Material
control and accounting, Nuclear
materials, Packaging and containers,
10 CFR Part 72
Certification, Criminal penalties,
Radiation protection, Reporting and
recordkeeping requirements, Security
measures, Special nuclear material,
Uranium enrichment by gaseous
diffusion.
I 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 5
U.S.C. 553; the NRC is adopting the
following amendments to 10 CFR Parts
30, 40, 50, 52, 60, 61, 63, 70, 71, 72, and
76.
PART 30—RULES OF GENERAL
APPLICABILITY TO DOMESTIC
LICENSING OF BYPRODUCT
MATERIAL
1. The authority citation for part 30
continues to read as follows:
I
Authority: Secs. 81, 82, 161, 182, 183, 186,
68 Stat. 935, 948, 953, 954, 955, as amended,
sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2111, 2112, 2201, 2232, 2233, 2236, 2282);
secs. 201 as amended, 202, 206, 88 Stat.
1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); sec. 1704, 112 Stat. 2750
(44 U.S.C. 3504 note).
Section 30.7 is also issued under Pub. L.
95–601, sec. 10, 92 Stat. 2951 as amended by
Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 30.34(b) also issued
under sec. 184, 68 Stat. 954, as amended (42
U.S.C. 2234). Section 30.61 also issued under
sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
2. In § 30.7, paragraph (c)(2) is revised
to read as follows:
I
§ 30.7
Employee protection.
*
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
PO 00000
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Fmt 4700
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3. The authority citation for part 40 is
revised to read as follows:
I
Authority: Secs. 62, 63, 64, 65, 81, 161,
182, 183, 186, 68 Stat. 932, 933, 935, 948,
953, 954, 955, as amended, secs. 11e(2), 83,
84, Pub. L. 95–604, 92 Stat. 3033, as
amended, 3039, sec. 234, 83 Stat. 444, as
amended (42 U.S.C. 2014(e)(2), 2092, 2093,
2094, 2095, 2111, 2113, 2114, 2201, 2232,
2233, 2236, 2282); sec. 274, Pub. L. 86–373,
73 Stat. 688 (42 U.S.C. 2021); secs. 201, as
amended, 202, 206, 88 Stat. 1242, as
amended, 1244, 1246 (42 U.S.C. 5841, 5842,
5846); sec. 275, 92 Stat. 3021, as amended by
Pub. L. 97–415, 96 Stat. 2067 (42 U.S.C.
2022); sec. 193, 104 Stat. 2835, as amended
by Pub. L. 104–134, 110 Stat. 1321, 1321–349
(42 U.S.C. 2243); sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note).
Section 40.7 is also issued under Pub. L.
95–601, sec. 10, 92 Stat. 2951 as amended by
Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 40.31(g) also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Section 40.46 also issued under sec. 184, 68
Stat. 954, as amended (42 U.S.C. 2234).
Section 40.71 also issued under sec. 187, 68
Stat. 955 (42 U.S.C. 2237).
4. In § 40.7, paragraph (c)(2) is revised
to read as follows:
I
§ 40.7
Employee protection.
*
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant.
*
*
*
*
*
PART 50—DOMESTIC LICENSING OF
PRODUCTION AND UTILIZATION
FACILITIES
5. The authority citation for part 50 is
revised to read as follows:
I
Authority: Secs. 102, 103, 104, 105, 161,
182, 183, 186, 189, 68 Stat. 936, 937, 938,
948, 953, 954, 955, 956, as amended, sec.
234, 83 Stat. 444, as amended (42 U.S.C.
2132, 2133, 2134, 2135, 2201, 2232, 2233,
2236, 2239, 2282); secs. 201, as amended,
202, 206, 88 Stat. 1242, as amended, 1244,
1246 (42 U.S.C. 5841, 5842, 5846); sec. 1704,
112 Stat. 2750 (44 U.S.C. 3504 note).
Section 50.7 is also issued under Pub. L.
95–601, sec. 10, 92 Stat. 2951 as amended by
Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 50.10 also issued under
secs. 101, 185, 68 Stat. 955, as amended (42
U.S.C. 2131, 2235); sec. 102, Pub. L. 91–190,
83 Stat. 853 (42 U.S.C. 4332). Sections 50.13,
50.54(dd), and 50.103 also issued under sec.
108, 68 Stat. 939, as amended (42 U.S.C.
2138). Sections 50.23, 50.35, 50.55, and 50.56
E:\FR\FM\14NOR1.SGM
14NOR1
63974
Federal Register / Vol. 72, No. 219 / Wednesday, November 14, 2007 / Rules and Regulations
also issued under sec. 185, 68 Stat. 955 (42
U.S.C. 2235). Sections 50.33a, 50.55a and
appendix Q also issued under sec. 102, Pub.
L. 91–190, 83 Stat. 853 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued under
sec. 204, 88 Stat. 1245 (42 U.S.C. 5844).
Sections 50.58, 50.91, and 50.92 also issued
under Pub. L. 97–415, 96 Stat. 2073 (42
U.S.C. 2239). Section 50.78 also issued under
sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
Sections 50.80–50.81 also issued under sec.
184, 68 Stat. 954, as amended (42 U.S.C.
2234). Appendix F also issued under sec.
187, 68 Stat. 955 (42 U.S.C 2237).
6. In § 50.7, paragraph (c)(2) is revised
to read as follows:
I
§ 50.7
Employee protection.
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant.
*
*
*
*
*
PART 52—EARLY SITE PERMITS;
STANDARD DESIGN
CERTIFICATIONS; AND COMBINED
LICENSES FOR NUCLEAR POWER
PLANTS
Authority: Secs. 103, 104, 161, 182, 183,
186, 189, 68 Stat. 936, 948, 953, 954, 955,
956, as amended, sec. 234, 83 Stat. 444, as
amended (42 U.S.C. 2133, 2201, 2232, 2233,
2236, 2239, 2282); secs. 201, 202, 206, 88
Stat. 1242, 1244, 1246, as amended (42 U.S.C.
5841, 5842, 5846).
8. In § 52.5, paragraph (c)(3) is revised
to read as follows:
I
Employee protection.
*
*
*
*
*
(c) * * *
(3) Imposition of a civil penalty on the
licensee, holder of a standard design
approval, or applicant (including an
applicant for a standard design
certification under this part following
Commission adoption of final design
certification rule) or a contractor or
subcontractor of the licensee, holder of
a standard design approval, or
applicant.
*
*
*
*
*
PART 60—DISPOSAL OF HIGH-LEVEL
RADIOACTIVE WASTES IN GEOLOGIC
REPOSITORIES
9. The authority citation for part 60 is
revised to read as follows:
I
rmajette on PROD1PC64 with RULES
Employee protection.
Authority: Secs. 51, 53, 62, 63, 65, 81, 161,
182, 183, 68 Stat. 929, 930, 932, 933, 935,
948, 953, 954, as amended (42 U.S.C. 2071,
2073, 2092, 2093, 2095, 2111, 2201, 2232,
2233); secs. 202, 206, 88 Stat. 1244, 1246 (42
Jkt 214001
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant.
*
*
*
*
*
PART 61—LICENSING
REQUIREMENTS FOR LAND
DISPOSAL OF RADIOACTIVE WASTE
11. The authority citation for part 61
is revised to read as follows:
7. The authority citation for part 52
continues to read as follows:
14:53 Nov 13, 2007
§ 60.9
I
I
VerDate Aug<31>2005
10. In § 60.9, paragraph (c)(2) is
revised to read as follows:
I
*
*
§ 52.5
U.S.C. 5842, 5846); secs. 10 and 14, Pub. L.
95–601, 92 Stat. 2951 (42 U.S.C. 2021a and
5851); sec. 102, Pub. L. 91–190, 83 Stat. 853
(42 U.S.C. 4332); secs. 114, 121, Pub. L. 97–
425, 96 Stat. 2213g, 2228, as amended (42
U.S.C. 10134, 10141), and Pub. L. 102–486,
sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note).
Section 60.9 is also issued under Pub. L.
95–601, sec. 10, 92 Stat. 2951 as amended by
Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851).
Authority: Secs. 53, 57, 62, 63, 65, 81, 161,
182, 183, 68 Stat. 930, 932, 933, 935, 948,
953, 954, as amended (42 U.S.C. 2073, 2077,
2092, 2093, 2095, 2111, 2201, 2232, 2233);
secs. 202, 206, 88 Stat. 1244, 1246, (42 U.S.C.
5842, 5846); secs. 10 and 14, Pub. L. 95–601,
92 Stat. 2951 (42 U.S.C. 2021a and 5851) and
Pub. L. 102–486, sec. 2902, 106 Stat. 3123,
(42 U.S.C. 5851); sec. 1704, 112 Stat. 2750 (44
U.S.C. 3504 note).
Section 61.9 is also issued under Pub. L.
95–601, sec. 10, 92 Stat. 2951 as amended by
Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851).
12. In § 61.9, paragraph (c)(2) is
revised to read as follows:
I
§ 61.9
Employee protection.
*
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant.
*
*
*
*
*
PART 63—DISPOSAL OF HIGH-LEVEL
RADIOACTIVE WASTES IN A
GEOLOGIC REPOSITORY AT YUCCA
MOUNTAIN, NEVADA
13. The authority citation for part 63
continues to read as follows:
I
Authority: Secs. 51, 53, 62, 63, 65, 81, 161,
182, 183, 68 Stat. 929, 930, 932, 933, 935,
948, 953, 954, as amended (42 U.S.C. 2071,
2073, 2092, 2093, 2095, 2111, 2201, 2232,
2233); secs. 202, 206, 88 Stat. 1244, 1246 (42
U.S.C. 5842, 5846); secs. 10 and 14, Pub. L.
95–601, 92 Stat. 2951 (42 U.S.C. 2021a and
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Fmt 4700
Sfmt 4700
5851); sec. 102, Pub. L. 91–190, 83 Stat. 853
(42 U.S.C. 4332); secs. 114, 121, Pub. L. 97–
425, 96 Stat. 2213g, 2238, as amended (42
U.S.C. 10134, 10141), and Pub. L. 102–486,
sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note).
14. In § 63.9, paragraph (c)(2) is
revised to read as follows:
I
§ 63.9
Employee protection.
*
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant; or
*
*
*
*
*
PART 70—DOMESTIC LICENSING OF
SPECIAL NUCLEAR MATERIAL
15. The authority citation for part 70
is revised to read as follows:
I
Authority: Secs. 51, 53, 161, 182, 183, 68
Stat. 929, 930, 948, 953, 954, as amended,
sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2201, 2232, 2233, 2282, 2297f);
secs. 201, as amended, 202, 204, 206, 88 Stat.
1242, as amended, 1244, 1245, 1246 (42
U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104
Stat. 2835, as amended by Pub. L. 104–134,
110 Stat. 1321, 1321–349 (42 U.S.C. 2243);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note).
Sections 70.1(c) and 70.20a(b) also issued
under secs. 135, 141, Pub. L. 97–425, 96 Stat.
2232, 2241 (42 U.S.C. 10155, 10161). Section
70.7 is also issued under Pub. L. 95–601, sec.
10, 92 Stat. 2951 as amended by Pub. L. 102–
486, sec. 2902, 106 Stat. 3123 (42 U.S.C.
5851). Section 70.21(g) also issued under sec.
122, 68 Stat. 939 (42 U.S.C. 2152). Section
70.31 also issued under sec. 57d, Pub. L. 93–
377, 88 Stat. 475 (42 U.S.C. 2077). Sections
70.36 and 70.44 also issued under sec. 184,
68 Stat. 954, as amended (42 U.S.C. 2234).
Section 70.81 also issued under secs. 186,
187, 68 Stat. 955 (42 U.S.C. 2236, 2237).
Section 70.82 also issued under sec. 108, 68
Stat. 939, as amended (42 U.S.C. 2138).
16. In § 70.7, paragraph (c)(2) is
revised to read as follows:
I
§ 70.7
Employee protection.
*
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant.
*
*
*
*
*
PART 71—PACKAGING AND
TRANSPORTATION OF RADIOACTIVE
MATERIAL
17. The authority citation for part 71
is revised to read as follows:
I
Authority: Secs. 53, 57, 62, 63, 81, 161,
182, 183, 68 Stat. 930, 932, 933, 935, 948,
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953, 954, as amended, sec. 1701, 106 Stat.
2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092,
2093, 2111, 2201, 2232, 2233, 2297f); secs.
201, as amended, 202, 206, 88 Stat.1242, as
amended, 1244, 1246 (42 U.S.C. 5841, 5842,
5846); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
Section 71.9 also issued under Pub. L. 95–
601, sec. 10, 92 Stat. 2951, as amended by
Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851).
Section 71.97 also issued under sec. 301,
Pub. L. 96–295, 94 Stat. 789–790.
§ 72.10
18. In § 71.9, paragraph (c)(2) is
revised to read as follows:
I
Employee protection.
*
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant; or
*
*
*
*
*
PART 72—LICENSING
REQUIREMENTS FOR THE
INDEPENDENT STORAGE OF SPENT
NUCLEAR FUEL, HIGH-LEVEL
RADIOACTIVE WASTE, AND
REACTOR-RELATED GREATER THAN
CLASS C WASTE
19. The authority citation for part 72
continues to read as follows:
rmajette on PROD1PC64 with RULES
I
20. In § 72.10, paragraph (c)(2) is
revised to read as follows:
VerDate Aug<31>2005
14:53 Nov 13, 2007
Jkt 214001
PART 76—CERTIFICATION OF
GASEOUS DIFFUSION PLANTS
Authority: Sec. 161, 68 Stat. 948, as
amended, secs. 1312, 1701, as amended, 106
Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321–
349 (42 U.S.C. 2201, 2297b-11, 2297f); secs.
201, as amended, 204, 206, 88 Stat. 1244,
1245, 1246 (42 U.S.C. 5841, 5842, 5845,
5846). Sec. 234(a), 83 Stat. 444, as amended
by Pub. L. 104–134, 110 Stat. 1321, 1321–349
(42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750
(44 U.S.C. 3504 note).
Section 76.7 is also issued under Pub. L.
95–601, sec. 10, 92 Stat. 2951 as amended by
Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 76.22 is also issued
under sec.193(f), as amended, 104 Stat. 2835,
as amended by Pub. L. 104–134, 110 Stat.
1321, 1321–349 (42 U.S.C. 2243(f)). Section
76.35(j) also issued under sec. 122, 68 Stat.
939 (42 U.S.C. 2152).
22. Section 76.7 is amended by
revising paragraph (c)(2) and adding a
new paragraph (c)(3) to read as follows:
I
Authority: Secs. 51, 53, 57, 62, 63, 65, 69,
81, 161, 182, 183, 184, 186, 187, 189, 68 Stat.
929, 930, 932, 933, 934, 935, 948, 953, 954,
955, as amended; sec. 234, 83 Stat. 444, as
amended (42 U.S.C. 2071, 2073, 2077, 2092,
2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub.
L. 86–373, 73 Stat. 688, as amended (42
U.S.C. 2021); sec. 201, as amended; 202, 206,
88 Stat. 1242, as amended; 1244, 1246 (42
U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec.
10, 92 Stat. 2951, as amended by Pub. L. 102–
485, sec. 7902, 106 Stat. 3123 (42 U.S.C.
5851); sec. 102, Pub. L. 91–190, 83 Stat. 853
(42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230,
2232, 2241; sec. 148, Pub. L. 100–203, 101
Stat. 1330–235 (42 U.S.C. 10151, 10152,
10153, 10155, 10157, 10161, 10168); sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 72.44(g) also issued under secs.
142(b) and 148(c), (d), Pub. L. 100–203, 101
Stat. 1330–232, 1330–236 (42 U.S.C.
10162(b), 10168(c), (d)). Section 72.46 also
issued under sec. 189, 68 Stat. 955 (42 U.S.C.
2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230
(42 U.S.C. 10154). Section 72.96(d) also
issued under sec. 145(g), Pub. L. 100–203,
101 Stat. 1330–235 (42 U.S.C. 10165(g)).
Subpart J also issued under secs. 2(2), 2(15),
2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat.
2202, 2203, 2204, 2222, 2224 (42 U.S.C.
10101, 10137(a), 10161(h)). Subparts K and L
are also issued under sec. 133, 98 Stat. 2230
(42 U.S.C. 10153) and sec. 218(a), 96 Stat.
2252 (42 U.S.C. 10198).
I
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
licensee, applicant, or a contractor or
subcontractor of the licensee or
applicant.
*
*
*
*
*
21. The authority citation for part 76
is revised to read as follows:
I
§ 71.9
Employee protection.
*
§ 76.7
Employee protection.
*
*
*
*
*
(c) * * *
(2) Imposition of a civil penalty on the
Corporation or a contractor or
subcontractor of the Corporation.
(3) Other enforcement action.
*
*
*
*
*
Dated at Rockville, Maryland, this 7th day
of November 2007.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E7–22190 Filed 11–13–07; 8:45 am]
BILLING CODE 7590–01–P
EMERGENCY STEEL GUARANTEE
LOAN BOARD
13 CFR Part 400
[Docket No. 071031635–7636–01]
63975
changed the location of its offices and
is amending its regulations to reflect
such change.
DATES: This rule is effective November
14, 2007.
ADDRESSES: Comments may be
submitted by any of the following:
• E-mail: LoanBoard@doc.gov.
• Mail: Marcela Villalta Scott,
General Counsel, Emergency Steel
Guarantee Loan Board, U.S. Department
of Commerce, Room 5876, Washington,
DC 20230.
• Fax: 202–482–0512.
FOR FURTHER INFORMATION CONTACT:
Marcela Villalta Scott, General Counsel,
Emergency Steel Guarantee Loan Board,
at (202) 482–3843 or
LoanBoard@doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The principal offices of the
Emergency Steel Guarantee Loan
Program as set forth in 13 CFR 400.103
have changed to the U.S. Department of
Commerce, Washington, DC 20230.
Classification
Executive Order 12866
This final rule has been determined to
be exempt from Executive Order 12866.
Administrative Procedure Act
This rule is exempt from the
rulemaking requirements contained in 5
U.S.C. 553 pursuant to 5 U.S.C.
553(a)(2), as it involves a matter relating
to loans and to Board management. As
such, prior notice and an opportunity
for public comment and a delay in
effectiveness otherwise required under 5
U.S.C. 553 are inapplicable to this rule.
Regulatory Flexibility Act
Because this rule is not subject to a
requirement to provide prior notice and
an opportunity for public comment
pursuant to 5 U.S.C. 553, or any other
law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable.
List of Subjects in 13 CFR Part 400
Administrative practice and
procedure, Environmental impact
statement, Freedom of Information,
Loan Programs—Steel, Reporting and
recordkeeping requirements.
Offices of Emergency Steel Guarantee
Loan Board
Emergency Steel Guarantee
Loan Board.
ACTION: Final rule.
Dated: November 7, 2007.
Marcela Villalta Scott,
General Counsel, Emergency Steel Guarantee
Loan Board.
I
AGENCY:
SUMMARY: The Emergency Steel
Guarantee Loan Board (‘‘Board’’) has
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Fmt 4700
Sfmt 4700
For the reasons set forth in the
preamble, amend 13 CFR part 400 as
follows:
I 1. The authority citation for part 400
continues to read as follows:
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]]>Agencies
[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Rules and Regulations]
[Pages 63969-63975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22190]
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NUCLEAR REGULATORY COMMISSION
10 CFR Parts 30, 40, 50, 52, 60, 61, 63, 70, 71, 72, and 76
RIN 3150-AH59
Clarification of NRC Civil Penalty Authority Over Contractors and
Subcontractors Who Discriminate Against Employees for Engaging in
Protected Activities
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is
amending its employee protection regulations to clarify the
Commission's authority to impose a civil penalty upon a non-licensee
contractor or subcontractor of a Commission licensee, or applicant for
a Commission license who violates the NRC's regulations by
discriminating against employees for engaging in protected activity.
The NRC is also amending its employee protection regulations related to
the operation of Gaseous Diffusion Plants to conform with the NRC's
other employee protection regulations and to allow the NRC to impose a
civil penalty on the United States Enrichment Corporation (USEC or
Corporation), as well as a contractor or subcontractor of USEC.
DATES: Effective Date: The effective date of this final rule is
December 14, 2007.
FOR FURTHER INFORMATION CONTACT: Doug Starkey, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001;
Telephone (301) 415-3456; e-mail drs@nrc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Commission's employee protection regulations in 10 CFR 30.7,
40.7, 50.7, 52.5,\1\ 60.9, 61.9, 63.9, 70.7, 71.9, 72.10, and 76.7
prohibit discrimination by a Commission licensee, applicant for a
Commission license, a holder of or applicant for a certificate of
compliance (CoC) or the Corporation, or contractor or subcontractor of
these entities, against employees for engaging in certain protected
activities. These regulations identify certain enforcement actions for
violations of the requirements. The enforcement actions are denial,
revocation, or suspension of the license or certificate; imposition of
a civil penalty on the licensee or applicant; or other enforcement
action. While the employee protection regulations prohibit
discrimination by a contractor or subcontractor, they do not explicitly
provide for imposition of a civil penalty on a contractor or
subcontractor.
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\1\ This final rule amends 10 CFR 52.5(c) to conform with the
other employee protection regulations regarding civil penalties to
contractors and subcontractors. 10 CFR 52.5(c) was not included in
the proposed rule submitted to the Commission in SECY-05-0212
because, at that time, 10 CFR Part 52 did not contain employee
protection provisions. 10 CFR Part 52 has since been amended (72 FR
49352, in part, to include a new section, 10 CFR 52.5, Employee
protection.
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On January 16, 1998, the NRC issued an enforcement action against
Five Star Products, Inc., and Construction Products Research, Inc.,
contractors to the nuclear industry, for discriminating against one of
its employees. Following this enforcement action, the NRC considered
modifications to the NRC's employee protection regulations that would
clearly allow the NRC, within the limits of its jurisdiction, to impose
civil penalties on non-licensees for discriminating against employees
who have engaged in protected activities. At the time that NRC took the
enforcement action against Five Star Products, Inc., and Construction
Products Research, Inc., the NRC was engaged in litigation with another
non-licensee, Thermal Science, Inc., that included an issue concerning
the scope of the Commission's civil penalty authority over non-
licensees. Consequently, the NRC deferred modifying the NRC's employee
protection regulations pending resolution of action in Thermal Science,
Inc., v. NRC (Case No. 4:96CV02281-CAS). That case was subsequently
settled.
On April 14, 2000, the NRC Executive Director for Operations (EDO)
approved the establishment of a Discrimination Task Group (DTG) to,
among other things, evaluate the NRC's handling of matters covered by
its employee protection regulations. During this review, the DTG held
12 public meetings and provided the public with an opportunity to
comment on its draft report. Among other recommendations, the DTG
recommended in its report, ``Policy Options and Recommendations for
Revising the NRC's Process for Handling Discrimination Issues,'' dated
April 2002, that rulemaking be initiated to allow the NRC to impose
civil penalties on contractors working for NRC licensees. The DTG
received public comments both in favor of, and opposed to, the
recommendation that NRC conduct a rulemaking to allow the imposition of
civil penalties against contractors for violating the NRC's employee
protection requirements.
The DTG's report was forwarded to the Commission as an attachment
to SECY-02-0166, ``Policy Options and Recommendations for Revising the
NRC's Process for Handling Discrimination Issues,'' dated September 12,
2002. On March 26, 2003, the Commission issued a Staff Requirements
Memorandum (SRM) on SECY-02-0166, approving the recommendations of the
DTG as revised by the Senior Management Review Team, subject to certain
comments. The Senior Management Review Team was appointed by the EDO to
review the final recommendations of the DTG and provide any additional
perspectives that could enhance the potential options. The Commission
approved, without comment, the DTG rulemaking recommendation regarding
civil penalties against contractors.
The NRC staff submitted a proposed rule to amend the employee
protection regulations to exercise NRC's authority to impose civil
penalties against contractors and subcontractors to the Commission on
November 17, 2005
[[Page 63970]]
(SECY-05-0212). In SRM-SECY-05-0212, dated December 21, 2005, the
Commission approved the staff's recommendation to publish the proposed
rule, with certain changes directed by the Commission. The proposed
rule was published in the Federal Register on January 31, 2006 (71 FR
5015). Public comment was requested on the proposed amendments as well
as on the draft environmental assessment and regulatory analysis that
had been prepared on the proposed rule. The final rule does not differ
from the recommendations in the proposed rule.
Discussion
The amendments allow the Commission to impose civil penalties on
contractors or subcontractors for violations of Commission employee
protection requirements. The rule represents a significant change in
Commission policy in that, currently, a licensee can receive a civil
penalty for the discriminatory activities of its contractor or
subcontractor, while the contractor or subcontractor is not subject to
civil penalty enforcement action. The amendments clarify the NRC's
authority to impose a civil penalty directly on contractors or
subcontractors who violate the NRC's employee protection regulations.
This authority derives from Section 234 of the Atomic Energy Act, which
provides that the Commission may impose civil penalties on any person
who violates any rule, regulation, or order issued under any of the
enumerated provisions of the Act, or any term, condition, or limitation
of any license or certification issued under the Act, or who commits a
violation for which a license may be revoked. Section 11s of the Atomic
Energy Act broadly defines the term ``person'' to include any
individual, corporation, partnership, firm, association, trust, estate,
public or private institution group, Government agency other than the
Commission, any State or any political subdivision of, or any political
entity within a State, any foreign government or nation or any
political subdivision of any such government or nation, or other
entity; and any legal successor, representative, agent, or agency of
the foregoing.
In 1991, the Commission amended its regulations to allow it to take
enforcement action against unlicensed persons for deliberate misconduct
(56 FR 40664; August 15, 1991). In so doing, the Commission emphasized
that ``any person'' as defined in the Atomic Energy Act necessarily
encompasses non-licensees, in order to effectuate the purposes of the
Act as it applies to licensees. In that rulemaking, the Commission also
noted that it may be able to exercise its Section 234 authority to
impose civil penalties on unlicensed persons who deliberately cause a
licensee to be in violation of requirements.
In 1998, the NRC issued a Severity Level I Notice of Violation
without a civil penalty to Five Star Products, Inc. and Construction
Products Research, Inc. in response to their discrimination against a
former employee who raised safety concerns. Five Star Products, Inc.
and Construction Products Research, Inc. were not licensees, but
supplied safety-related basic components and services associated with
those basic components to the nuclear industry at the time of the
discrimination.\2\
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\2\ In an earlier case, CLI-93-23, 38 NRC 169, 178-84 (1993),
the Commission held that Five Star Products is a ``contractor'' and
Construction Products Research, Inc., is a ``subcontractor'' within
the meaning of Section 211 of the Energy Reorganization Act of 1974,
as amended, and 10 CFR 50.7.
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It is important that contractors and subcontractors abide by the
Commission's employee protection regulations to effectuate the purposes
of the Act because the activities of contractors and subcontractors can
clearly affect the safe operation of a licensee's facility. These
amendments allow the Commission to impose civil penalties on any non-
licensee employer that discriminates against an employee for engaging
in protected activity, if that employer is a contractor or
subcontractor of a licensee or the Corporation at the time that the
employee engaged in the protected activity that resulted in
discrimination. These amendments will serve the dual objectives of
deterring contractors and subcontractors from violating NRC's employee
protection regulations and allowing employees to raise regulatory and
safety concerns without fear of retaliation. Both of these objectives
are critical to the nuclear industry's ability to carry out licensed
activities safely.
However, the Commission emphasizes that the amendments do not
affect its ability to impose civil penalties against licensees or
applicants for discrimination, nor do they diminish the focus on
licensee responsibility in the investigative and enforcement process.
The Commission has long held licensees to be responsible for
maintaining control and oversight of contractor and subcontractor
activities. The modifications to the employee protection regulations do
not indicate a change in Commission policy in this regard, nor do they
diminish the ability of the NRC to impose civil penalties against
licensees. There may be instances when the Commission may wish to issue
civil penalties to the responsible contractor or subcontractor, or
both, and the licensee. The Commission is maintaining its policy of
emphasizing licensee responsibilities for the actions of their
contractors and subcontractors. The Commission believes that these
amendments are necessary and will offer additional enhancements to the
regulatory process by allowing the Commission to exercise its authority
to impose a significant enforcement action (i.e., civil penalty)
directly on contractors or subcontractors who violate the NRC's
employee protection regulations.
The NRC is not amending 10 CFR 71.9 and 72.10 to provide for
imposing a civil penalty against a holder or applicant for a CoC, or
contractor or subcontractor of a holder or applicant for a CoC.
However, if a holder of, or applicant for, a CoC is also a contractor
or subcontractor of a licensee or applicant for a license, then a civil
penalty could be imposed on the holder of, or applicant for, a CoC in
its capacity as a contractor or subcontractor.
In addition, in drafting the proposed rule, the NRC identified that
10 CFR 76.7 does not specify the availability of civil penalties as an
enforcement action. The Supplementary Information that accompanied the
promulgation of 10 CFR 76.7 does not indicate that this omission was
intentional.\3\ Therefore, the NRC is amending 10 CFR 76.7 to bring it
into conformance with the provisions of the other NRC's employee
protection regulations by providing that the Commission may impose a
civil penalty on the Corporation or a contractor or subcontractor of
the Corporation.
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\3\ The Supplementary Information states that part 76 is based
upon comparable requirements; in particular, 10 CFR part 70, as
modified for the certification process. There is no indication that
the omission of civil penalties was intended as such a modification
(59 FR 48944; September 23, 1994).
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The NRC has also revised the authority citations to correctly
reflect current statutory authority.
Comment Analysis
The period for submitting comments on the proposed rule, draft
environmental assessment, or regulatory analysis expired on April 17,
2006. The NRC received an e-mail from a private citizen and one letter
from Project on Government Oversight (POGO). In general, the comments
were supportive of the proposed rule. A summary of the issues raised by
the commenters, followed by the NRC's responses to the comments, is
provided below.
[[Page 63971]]
Comment summary. A commenter stated that it should be a rare
exception and require Commission consultation before the NRC staff
issues an enforcement action against a contractor without taking some
enforcement action against the licensee. The commenter added that the
Statement of Considerations in the final rulemaking should include a
statement that consultation with the Commission will be required if the
NRC staff issues enforcement action against a contractor without taking
enforcement action against the licensee.
Response. The NRC agrees that enforcement action will generally
continue to be taken against a licensee for the discriminatory actions
of its contractors or subcontractors. The modifications to the employee
protection regulations added in this rulemaking do not indicate a
change in Commission policy in this regard or diminish the ability of
the NRC to impose civil penalties against licensees or applicants for
discrimination, nor do they diminish the focus on licensee
responsibility in the investigative and enforcement process.
The NRC does not believe it is necessary to require Commission
consultation should the staff proceed with an enforcement action
against a contractor or subcontractor but not the licensee. Instead,
the NRC believes that the decision about whether to take enforcement
action against a contractor without taking some enforcement action
against the licensee should be determined after reviewing the
circumstances surrounding the discrimination on a case-by-case basis
using the guidance in the Enforcement Policy and NRC Enforcement
Manual. Although the staff will not automatically seek Commission
consultation in these circumstances, the Enforcement Policy currently
provides that the Commission will be provided written notification of
all enforcement actions involving civil penalties, and that the
Commission will be consulted on any proposed enforcement action on
which the Commission requests consultation.
Comment summary. One commenter stated that the proposed rule should
apply to all licensees, applicants, contractors and subcontractors,
including a holder or applicant for a Certificate of Compliance (CoC)
under 10 CFR 71.9 and 72.10.
Response. The NRC is not amending 10 CFR 71.9 or 72.10 in this
rulemaking to provide for imposing a civil penalty against a holder or
applicant for a CoC. However, the Commission, in SRM-SECY-05-0212,
``Proposed Rulemaking--Clarification of the NRC Civil Penalty Authority
Over Contractors and Subcontractors Who Discriminate Against Employees
for Engaging in Protected Activities,'' directed the NRC staff
(although as a low priority) to draft appropriate legislative language
to be provided in any future legislative request to Congress for the
extension of this rulemaking to cover those excluded certificate
holders.
Comment summary. One commenter recommended that the proposed
amendments to 10 CFR 30.7, 40.7, 61.9, 70.7, and 71.9 be categorized at
the Agreement State Compatibility Category C designation (meets the
essential objectives of NRC employee protection requirements) instead
of as Agreement State Compatibility Category D (does not need to be
adopted by Agreement States), as was proposed. In addition, this
comment stated that the NRC should issue a policy statement to
Agreement States detailing the obligations under Category C.
Response. The Commission in SRM-SECY-99-002, dated March 12, 1999,
disapproved the staff's plans to designate 10 CFR 19.20, 30.7, 40.7,
61.9, and 70.7 as compatibility Category C for Agreement States.
However, the Commission provided direction to the staff that its
decision could be revisited if the staff believed at some time in the
future that there was a regulatory performance gap that put Agreement
State licensee employees at a higher risk than NRC licensee employees
as a result of the present compatibility category. The NRC staff is
currently reevaluating, under an initiative separate from this
rulemaking, the effects of the Category D designation on Agreement
State employees. Upon completion of that evaluation, the staff will
determine whether additional actions are necessary regarding Agreement
State employee protection compatibility categories. That evaluation and
any subsequent staff recommendations to the Commission regarding
compatibility categories are separate from this rulemaking and will not
be included in this rulemaking. Therefore, the current compatibility
Category D designation has not been changed in this final rule.
Section-by-Section Analysis of Substantive Changes
Sections 30.7, 40.7, 50.7, 52.5, 60.9, 61.9, 63.9, and 70.7, are
amended to provide that, in addition to imposing a civil penalty
against a Commission licensee or applicant for a Commission license,
the Commission may impose a civil penalty against a contractor or
subcontractor of either of these entities for discriminating against an
employee for engaging in protected activity.
Section 71.9 is amended to provide that, in addition to imposing a
civil penalty against a Commission licensee, or applicant, the
Commission may impose a civil penalty against a contractor or
subcontractor of these entities for discriminating against an employee
for engaging in protected activity.
Section 72.10 is amended to provide that, in addition to imposing a
civil penalty against a Commission licensee or applicant, the
Commission may impose a civil penalty against a contractor or
subcontractor of the licensee, or applicant.
Section 76.7 is amended to provide that the Commission may impose a
civil penalty on the Corporation or contractor or subcontractor of the
Corporation.
Agreement State Compatibility
Under the ``Policy Statement on Adequacy and Compatibility of
Agreement State Programs'' which became effective on September 3, 1997
(62 FR 46517), NRC program elements (including regulations) are placed
into Compatibility Categories A, B, C, D, NRC or category Health and
Safety (H&S). Category A includes program elements that are basic
radiation protection standards or related definitions, signs, labels or
terms necessary for a common understanding of radiation protection
principles and should be essentially identical to those of the NRC.
Category B includes program elements that have significant direct
transboundary implications and should be essentially identical to those
of the NRC. Compatibility Category C are those program elements that do
not meet the criteria of Category A or B, but the essential objectives
of which an Agreement State should adopt to avoid conflict,
duplication, gaps, or other conditions that would jeopardize an orderly
pattern in the regulation of agreement material on a nationwide basis.
Compatibility Category D are those program elements that do not meet
any of the criteria of Category A, B, or C, and do not need to be
adopted by Agreement States. Compatibility Category NRC are those
program elements that address areas of regulation that cannot be
relinquished to Agreement States under the Atomic Energy Act, as
amended, or provisions of Title 10 of the Code of Federal Regulations
and cannot be adopted by Agreement States. Category H&S are program
elements that are not required for compatibility, but have a particular
health and safety role in the regulation of agreement material and the
State and
[[Page 63972]]
should contain the essential objectives of the NRC program elements.
The revisions to 10 CFR 50.7, 52.5, 60.9, 63.9, 72.10, and 76.7 are
not relevant to Agreement State programs because these NRC regulations
address areas of exclusive NRC authority and are designated a
Compatibility Category NRC. The revisions to 10 CFR 30.7, 40.7, 61.9,
70.7, and 71.9 are categorized as Compatibility Category D, and
therefore do not need to be adopted by Agreement States.
Availability of Documents
The NRC is making the documents identified below available to
interested persons through one or more of the following methods as
indicated.
Public Document Room (PDR). The NRC PDR is located at 11555
Rockville Pike, Rockville, Maryland.
Rulemaking Web site (Web). The NRC's interactive rulemaking Web
site is located at https://ruleforum.llnl.gov. These documents may be
viewed and downloaded electronically via this Web site.
NRC's Agencywide Document Access and Management System (ADAMS). The
NRC's PARS Library is located at https://www.nrc.gov/readingrm/
adams.html.
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Document PDR Web ADAMS
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Public Comment............................. X X ML060800443
56 FR 40664................................ X X Not Applicable
Public Comment............................. X X ML060880346
Final Rule--Regulatory Analysis............ X X ML063110473
Final Rule--Environmental Analysis......... X X ML063110454
Enforcement Policy Revision................ X X ML063110480
SECY-02-0166............................... X X ML022120479
SRM-SECY-02-0166........................... X X ML030850783
Proposed Rule FRN.......................... X X ML060120312
SECY-05-0212............................... X X ML052910161
SRM-SECY-05-0212........................... X X ML053570177
SRM-SECY-99-002............................ X X ML003751577
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Voluntary Consensus Standards
The National Technology Transfer and Advancement Act of 1995,
Public Law 104-113, requires that Federal agencies use technical
standards that are developed or adopted by voluntary consensus
standards bodies unless using such a standard is inconsistent with
applicable law or is otherwise impractical. In this final rule, the NRC
is amending its regulations to enable the Commission to impose civil
penalties upon non-licensee contractors and subcontractors who
discriminate against employees for engaging in certain protected
activities. This action does not constitute the establishment of a
standard that contains generally applicable requirements.
Finding of No Significant Environmental Impact: Availability
The Commission has determined under the National Environmental
Policy Act of 1969, Public Law 97-190 (42 U.S.C. 4321 et seq.), as
amended, and the Commission's regulations in Subpart A of 10 CFR Part
51, that this rule, is not a major Federal action significantly
affecting the quality of the human environment; and, therefore, an
environmental impact statement is not required. The basis for this
determination is that this rulemaking will not significantly increase
the probability or consequences of accidents, no changes will be made
in the types of effluents that may be released offsite, there will be
no significant increase in public radiation exposure, nor will there be
a direct nor reasonably foreseeable indirect effect on the water, land,
or air.
The NRC requested the views of the States on the environmental
assessment (EA). The EA, upon which the Commission's finding of no
significant impact is based, is available for examination and copying
at the NRC PDR, One White Flint North, 11555 Rockville Pike, Rockville,
Maryland. No comments were received on the EA. Single copies of the
analysis may be obtained from the Office of Enforcement, U.S. Nuclear
Regulatory Commission, at 301-415-3456 or by e-mail at drs@nrc.gov.
Paperwork Reduction Act Statement
This final rule does not contain new or amended information
collection requirements subject to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the
Office of Management and Budget, approval numbers 3150-0017, 3150-0020,
3150-0011, 3150-0127, 3150-0135, 3150-0199, 3150-0009, 3150-0008, 3150-
0132 and 3150-0151.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a request for information or an information collection
requirement unless the requesting document displays a currently valid
OMB control number.
Regulatory Analysis
The Commission has prepared a regulatory analysis on this final
regulation. The analysis examined the costs and benefits of the
alternatives considered by the Commission. No comments were received on
the regulatory analysis. The regulatory analysis is available for
inspection in the NRC's PDR, 11555 Rockville Pike, Rockville, MD 20852.
Single copies of the analysis may be obtained from the Office of
Enforcement, U.S. Nuclear Regulatory Commission, at 301-415-3456 or by
e-mail at drs@nrc.gov.
Regulatory Flexibility Certification
In accordance with the Regulatory Flexibility Act (5 U.S.C.
605(b)), the Commission certifies that this rule does not have a
significant economic impact on a substantial number of small entities
based on the definition of ``small entities'' set forth in the
Regulatory Flexibility Act or the Size Standards established by the
Nuclear Regulatory Commission (10 CFR 2.810). The provisions only
impact contractors or subcontractors of licensees or applicants who
violate the NRC's regulations by discriminating against employees who
engage in protected activities.
Backfit Analysis
The Commission has determined that the backfit rule is not required
for this final rule because these amendments do not include any
provisions that would require backfits as defined in 10 CFR Chapter I.
Congressional Review Act
Under the Congressional Review Act of 1996, the NRC has determined
that this action is not a major rule and has
[[Page 63973]]
verified this determination with the Office of Information and
Regulatory Affairs, Office of Management and Budget.
List of Subjects
10 CFR Part 30
Byproduct material, Criminal penalties, Government contracts,
Intergovernmental relations, Isotopes, Nuclear materials, Radiation
protection, Reporting and recordkeeping requirements.
10 CFR Part 40
Criminal penalties, Government contracts, Hazardous materials
transportation, Nuclear materials, Reporting and recordkeeping
requirements, Source material, Uranium.
10 CFR Part 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Intergovernmental relations, Nuclear power plants and
reactors, Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements.
10 CFR Part 52
Administrative practice and procedure, Antitrust, Backfitting,
Combined license, Early site permit, Emergency planning, Fees,
Inspection, Limited work authorization, Nuclear power plants and
reactors, Probabilistic risk assessment, Prototype, Reactor siting
criteria, Redress of site, Reporting and recordkeeping requirements,
Standard design, Standard design certification.
10 CFR Part 60
Criminal penalties, High-level waste, Nuclear materials, Nuclear
power plants and reactors, Reporting and recordkeeping requirements,
Waste treatment and disposal.
10 CFR Part 61
Criminal penalties, Low-level waste, Nuclear materials, Reporting
and recordkeeping requirements, Waste treatment and disposal.
10 CFR Part 63
Criminal penalties, High-level waste, Nuclear power plants and
reactors, Reporting and recordkeeping requirements, Waste treatment and
disposal.
10 CFR Part 70
Criminal penalties, Hazardous materials transportation, Material
control and accounting, Nuclear materials, Packaging and containers,
Radiation protection, Reporting and recordkeeping requirements,
Scientific equipment, Security measures, Special nuclear material.
10 CFR Part 71
Criminal penalties, Hazardous materials transportation, Nuclear
materials, Packaging and containers, Reporting and recordkeeping
requirements.
10 CFR Part 72
Administrative practice and procedure, Criminal penalties, Manpower
training programs, Nuclear materials, Occupational safety and health,
Penalties, Radiation protection, Reporting and recordkeeping
requirements, Security measures, Spent fuel, Whistleblowing.
10 CFR Part 76
Certification, Criminal penalties, Radiation protection, Reporting
and recordkeeping requirements, Security measures, Special nuclear
material, Uranium enrichment by gaseous diffusion.
0
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 5 U.S.C. 553; the NRC is
adopting the following amendments to 10 CFR Parts 30, 40, 50, 52, 60,
61, 63, 70, 71, 72, and 76.
PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF
BYPRODUCT MATERIAL
0
1. The authority citation for part 30 continues to read as follows:
Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948,
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201 as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 30.7 is also issued under Pub. L. 95-601, sec. 10, 92
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123
(42 U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68
Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
0
2. In Sec. 30.7, paragraph (c)(2) is revised to read as follows:
Sec. 30.7 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the licensee, applicant, or a
contractor or subcontractor of the licensee or applicant.
* * * * *
PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL
0
3. The authority citation for part 40 is revised to read as follows:
Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2),
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234,
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094,
2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274,
Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C.
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L.
97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec. 193, 104 Stat. 2835, as
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C.
2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 40.7 is also issued under Pub. L. 95-601, sec. 10, 92
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123
(42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68
Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec.
184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also
issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).
0
4. In Sec. 40.7, paragraph (c)(2) is revised to read as follows:
Sec. 40.7 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the licensee, applicant, or a
contractor or subcontractor of the licensee or applicant.
* * * * *
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
5. The authority citation for part 50 is revised to read as follows:
Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234,
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201,
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 50.7 is also issued under Pub. L. 95-601, sec. 10, 92
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123
(42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68
Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-
190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and
50.103 also issued under sec. 108, 68 Stat. 939, as amended (42
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56
[[Page 63974]]
also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections
50.33a, 50.55a and appendix Q also issued under sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also
issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections
50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat.
2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68
Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under
sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also
issued under sec. 187, 68 Stat. 955 (42 U.S.C 2237).
0
6. In Sec. 50.7, paragraph (c)(2) is revised to read as follows:
Sec. 50.7 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the licensee, applicant, or a
contractor or subcontractor of the licensee or applicant.
* * * * *
PART 52--EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND
COMBINED LICENSES FOR NUCLEAR POWER PLANTS
0
7. The authority citation for part 52 continues to read as follows:
Authority: Secs. 103, 104, 161, 182, 183, 186, 189, 68 Stat.
936, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as
amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); secs.
201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C.
5841, 5842, 5846).
0
8. In Sec. 52.5, paragraph (c)(3) is revised to read as follows:
Sec. 52.5 Employee protection.
* * * * *
(c) * * *
(3) Imposition of a civil penalty on the licensee, holder of a
standard design approval, or applicant (including an applicant for a
standard design certification under this part following Commission
adoption of final design certification rule) or a contractor or
subcontractor of the licensee, holder of a standard design approval, or
applicant.
* * * * *
PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC
REPOSITORIES
0
9. The authority citation for part 60 is revised to read as follows:
Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071,
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L.
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Section 60.9 is also issued under Pub. L. 95-601, sec. 10, 92
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123
(42 U.S.C. 5851).
0
10. In Sec. 60.9, paragraph (c)(2) is revised to read as follows:
Sec. 60.9 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the licensee, applicant, or a
contractor or subcontractor of the licensee or applicant.
* * * * *
PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE
WASTE
0
11. The authority citation for part 61 is revised to read as follows:
Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077,
2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat.
1244, 1246, (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601,
92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec.
2902, 106 Stat. 3123, (42 U.S.C. 5851); sec. 1704, 112 Stat. 2750
(44 U.S.C. 3504 note).
Section 61.9 is also issued under Pub. L. 95-601, sec. 10, 92
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123
(42 U.S.C. 5851).
0
12. In Sec. 61.9, paragraph (c)(2) is revised to read as follows:
Sec. 61.9 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the licensee, applicant, or a
contractor or subcontractor of the licensee or applicant.
* * * * *
PART 63--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC
REPOSITORY AT YUCCA MOUNTAIN, NEVADA
0
13. The authority citation for part 63 continues to read as follows:
Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat.
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071,
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L.
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2238, as amended (42 U.S.C. 10134, 10141), and
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
0
14. In Sec. 63.9, paragraph (c)(2) is revised to read as follows:
Sec. 63.9 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the licensee, applicant, or a
contractor or subcontractor of the licensee or applicant; or
* * * * *
PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL
0
15. The authority citation for part 70 is revised to read as follows:
Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948,
953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended,
202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42
U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 Stat. 2835, as amended
by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243); sec.
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141,
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
Section 70.7 is also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat.
939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub.
L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44
also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C.
2234). Section 70.81 also issued under secs. 186, 187, 68 Stat. 955
(42 U.S.C. 2236, 2237). Section 70.82 also issued under sec. 108, 68
Stat. 939, as amended (42 U.S.C. 2138).
0
16. In Sec. 70.7, paragraph (c)(2) is revised to read as follows:
Sec. 70.7 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the licensee, applicant, or a
contractor or subcontractor of the licensee or applicant.
* * * * *
PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL
0
17. The authority citation for part 71 is revised to read as follows:
Authority: Secs. 53, 57, 62, 63, 81, 161, 182, 183, 68 Stat.
930, 932, 933, 935, 948,
[[Page 63975]]
953, 954, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42
U.S.C. 2073, 2077, 2092, 2093, 2111, 2201, 2232, 2233, 2297f); secs.
201, as amended, 202, 206, 88 Stat.1242, as amended, 1244, 1246 (42
U.S.C. 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504
note).
Section 71.9 also issued under Pub. L. 95-601, sec. 10, 92 Stat.
2951, as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42
U.S.C. 5851).
Section 71.97 also issued under sec. 301, Pub. L. 96-295, 94
Stat. 789-790.
0
18. In Sec. 71.9, paragraph (c)(2) is revised to read as follows:
Sec. 71.9 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the licensee, applicant, or a
contractor or subcontractor of the licensee or applicant; or
* * * * *
PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE
0
19. The authority citation for part 72 continues to read as follows:
Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183,
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953,
954, 955, as amended; sec. 234, 83 Stat. 444, as amended (42 U.S.C.
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233,
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat.
688, as amended (42 U.S.C. 2021); sec. 201, as amended; 202, 206, 88
Stat. 1242, as amended; 1244, 1246 (42 U.S.C. 5841, 5842, 5846);
Pub. L. 95-601, sec. 10, 92 Stat. 2951, as amended by Pub. L. 102-
485, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L.
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135,
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241; sec. 148,
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153,
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
Section 72.44(g) also issued under secs. 142(b) and 148(c), (d),
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b),
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat.
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub.
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101,
10137(a), 10161(h)). Subparts K and L are also issued under sec.
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252
(42 U.S.C. 10198).
0
20. In Sec. 72.10, paragraph (c)(2) is revised to read as follows:
Sec. 72.10 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the licensee, applicant, or a
contractor or subcontractor of the licensee or applicant.
* * * * *
PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS
0
21. The authority citation for part 76 is revised to read as follows:
Authority: Sec. 161, 68 Stat. 948, as amended, secs. 1312, 1701,
as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-349 (42
U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204, 206, 88
Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). Sec.
234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 1321,
1321-349 (42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note).
Section 76.7 is also issued under Pub. L. 95-601, sec. 10, 92
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123
(42 U.S.C. 5851). Section 76.22 is also issued under sec.193(f), as
amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat.
1321, 1321-349 (42 U.S.C. 2243(f)). Section 76.35(j) also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).
0
22. Section 76.7 is amended by revising paragraph (c)(2) and adding a
new paragraph (c)(3) to read as follows:
Sec. 76.7 Employee protection.
* * * * *
(c) * * *
(2) Imposition of a civil penalty on the Corporation or a
contractor or subcontractor of the Corporation.
(3) Other enforcement action.
* * * * *
Dated at Rockville, Maryland, this 7th day of November 2007.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E7-22190 Filed 11-13-07; 8:45 am]
BILLING CODE 7590-01-P
