NRC Enforcement Policy, 5838-5840 [2013-01672]

Download as PDF 5838 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Notices Aeronautics and Space Administration, Washington, DC 20546–0001. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Frances Teel, NASA Clearance Officer, NASA Headquarters, 300 E Street SW., JF000, Washington, DC 20546, Frances.C.Teel@nasa.gov. SUPPLEMENTARY INFORMATION: I. Abstract In accordance with the President’s initiative to create opportunities to advance science, technology, engineering, and mathematics (STEM) education, this clearance request pertains to the collection of information associated with the administration of electronic application/registration/ volunteer forms, parental consent forms, media release forms, safety rules acknowledgement forms, and participant feedback forms for the NASA Great Moonbuggy Race. This vehicular engineering experience connects classroom training to tangible activities that enable practical application of STEM disciplines, cultivates innovative thinking, and embraces teamwork. This event is inspired by the original lunar rover that piloted across the Moon’s surface in the early 1970’s during Apollo 15, 16, and 17 missions. Participation is voluntary and targets high school and college students. Registration is required to participate. II. Method of Collection Electronic and Paper. tkelley on DSK3SPTVN1PROD with III. Data Title: NASA Great Moonbuggy Race. OMB Number: 2700–XXXX. Type of review: Existing collection in use without OMB Control Number. Affected Public: Individuals or households, local government, private sector. Estimated Number of Respondents: 1,765. Estimated Time per Response: Variable. Estimated Total Annual Burden Hours: Estimated Total Annual Cost: $16,460.00. IV. Request for Comments Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of NASA, including whether the information collected has practical utility; (2) the accuracy of NASA’s estimate of the burden (including hours and cost) of the VerDate Mar<15>2010 17:13 Jan 25, 2013 Jkt 229001 proposed collection of information; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including automated collection techniques or the use of other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB approval of this information collection. They will also become a matter of public record. http://www.nsf.gov/nsb/notices/. Point of contact for this meeting is: Dedric Carter, 4201Wilson Blvd., Arlington, VA 22230. Telephone: (703) 292–8002. Ann Bushmiller, Senior Counsel to the National Science Board. [FR Doc. 2013–01813 Filed 1–24–13; 4:15 pm] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0014] Frances Teel, NASA PRA Clearance Officer. NRC Enforcement Policy [FR Doc. 2013–01648 Filed 1–25–13; 8:45 am] AGENCY: BILLING CODE 7510–13–P NATIONAL SCIENCE FOUNDATION National Science Board Sunshine Act Meetings; Notice The National Science Board’s Executive Committee, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n–5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of a teleconference for the transaction of National Science Board business and other matters specified, as follows: DATE AND TIME: Thursday, January 31, 2013, 8:30–9:00 a.m. EST. SUBJECT MATTER: (1) Chairman’s opening remarks; and (2) Discussion of agenda for February 2013 meeting. STATUS: Open. LOCATION: This meeting will be held by teleconference at the National Science Board Office, National Science Foundation, 4201Wilson Blvd., Arlington, VA 22230. A public listening room will be available for this teleconference meeting. All visitors must contact the Board Office [call 703– 292–7000 or send an email message to nationalsciencebrd@nsf.gov] at least 24 hours prior to the teleconference for the public room number and to arrange for a visitor’s badge. All visitors must report to the NSF visitor desk located in the lobby at the 9th and N. Stuart Streets entrance on the day of the teleconference to receive a visitor’s badge. UPDATES AND POINT OF CONTACT: Please refer to the National Science Board Web site www.nsf.gov/nsb for additional information. Meeting information and updates (time, place, subject matter or status of meeting) may be found at PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 Nuclear Regulatory Commission. ACTION: Policy revision; issuance and request for comments. The U.S. Nuclear Regulatory Commission (NRC) is issuing a revision to its Enforcement Policy (Enforcement Policy or Policy) to incorporate changes directed by the Commission, to make other changes proposed and evaluated by the staff, and to make minor edits. DATES: This revision is effective on January 28, 2013. Comments on this revision should be submitted on or before February 27, 2013, and will be considered by the NRC before the next Enforcement Policy revision. SUMMARY: You may access information and comment submissions related to this revision to the Policy by searching http://www.regulations.gov under Docket ID NRC–2013–0014. You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0014. Address questions about NRC dockets to Carol Gallagher; telephone: 301–492–3668; email: Carol.Gallagher@nrc.gov. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and ADDRESSES: E:\FR\FM\28JAN1.SGM 28JAN1 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Notices Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Nicole Coleman, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 301– 415–1048, email: Nicole.Coleman@nrc.gov. SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments tkelley on DSK3SPTVN1PROD with A. Accessing Information Please refer to Docket ID NRC–2013– 0014 when contacting the NRC about the availability of information for this revision of the Policy. You may access information related to this revision of the Policy, which the NRC possesses and is publicly available, by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0014. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access public documents online in the NRC Library at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, 301–415–4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. The NRC Enforcement Policy is available in ADAMS under Accession No. ML12340A295. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The NRC maintains the Enforcement Policy on its Web site at http://www.nrc.gov/ about-nrc/regulatory/enforcement/ enforce-pol.html. B. Submitting Comments Please include Docket ID NRC–2013– 0014 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in you comment submission. The NRC will post all comment VerDate Mar<15>2010 17:13 Jan 25, 2013 Jkt 229001 submissions at http:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Background The purpose of this Policy revision is to: (1) Incorporate changes directed by the Commission in the Staff Requirements Memorandum (SRM), SRM–SECY–09–0190, ‘‘Revisions to the Nuclear Regulatory Commission Enforcement Policy,’’ December 30, 2009 (ADAMS Accession No. ML093200520);(2) make other changes proposed and evaluated by the staff; and (3) make minor edits. On December 30, 2009, in SECY–09– 0190, the NRC staff submitted to the Commission a proposed major revision of the Enforcement Policy. In SECY–09– 0190, the NRC staff committed to provide an opportunity for public comments on the revision after it had been in effect for about 18 months. In SRM–SECY–09–0190, the Commission approved the revised Policy and directed the NRC staff to evaluate certain items for inclusion in the next proposed revision to the Policy. On September 30, 2010 (75 FR 60485), the NRC published the revised Policy in the Federal Register. In addition to the direction given to the NRC staff in SRM–SECY–09–0190, the NRC staff evaluated other Policy changes that were presented to the Commission for approval and inclusion in the 2012 Policy revision. The NRC staff solicited comments on proposed changes to the Policy in documents published in the Federal Register on September 6, 2011 (76 FR 54986), and December 6, 2011 (76 FR 76192). III. Summary of Substantive Changes to the Enforcement Policy 1. Credit for Fuel Cycle Licensee Corrective Action Programs The NRC is revising Section 2.3.2, Non-Cited Violation, to provide fuel PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 5839 cycle licensees (and all other licensees or nonlicensees) with credit for a corrective action program (CAP) for certain severity level (SL) IV violations. Presently, this CAP credit for certain SL IV violations is only available to power reactor licensees. This revision would allow fuel cycle licensees (and all other licensees or nonlicensees) with credit for an NRC-approved CAP to have NRCidentified SL IV violations treated as noncited violations (NCVs) if certain other criteria are met. 2. Noncited Violation Credit to Nonlicensees The NRC is revising Section 2.3.2.b, All Other Licensees, to clarify that NCVs may also be issued to nonlicensees when they meet the NCV criteria stated in Section 2.3.2.b. 3. Civil Penalties The NRC is making several changes to Section 2.3.4, Civil Penalty, related to the civil penalty assessment process. Under the current Policy, the NRC will assess at least a base civil penalty for violations involving loss of control of radioactive materials. The NRC is revising the Policy to remove such language. The intent is to maintain the existing lost source policy to issue at least a civil penalty while giving the NRC staff the flexibility to disposition those cases where a licensee has lost NRC regulated material, but took immediate action to recover it, in a timely manner, with little or no risk to the public while the material was not in the licensee’s control. In such cases where loss of control is the issue, rather than actual loss of material, the normal civil penalty assessment process would be used. Notwithstanding the normal civil penalty assessment process, the Policy will also allow the use of discretion and imposition of a civil penalty in cases in which a licensee has lost required control of its regulated radioactive material. The NRC is revising the Policy to also provide criteria and examples for the use of daily civil penalties. This revision will provide factors for the NRC staff to consider when evaluating the appropriateness of daily civil penalties for continuing violations of at least moderate significance (i.e., at least a SL III). The NRC is revising the Policy to point out that civil penalties are considered for SL I, II, and III violations. However, this revision emphasizes that the civil penalty process described in Section 2.3.4 should be followed to determine the appropriateness of any civil penalty. E:\FR\FM\28JAN1.SGM 28JAN1 5840 Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Notices The NRC is also adding a new section, Section 4.3.1, Civil Penalties to Individuals Who Release Safeguards Information, to provide an assessment tool for the NRC staff to determine civil penalties for violations of unauthorized release of safeguards information (SGI) by individuals. The NRC is also revising Section 8.0, Table of Base Civil Penalties, to include a base civil penalty of $3,500 for individuals who release SGI. 4. Orders The NRC is revising Section 2.3.5, Orders, to clarify that Orders may be immediately effective, without prior opportunity for a hearing, whenever the NRC determines that the public health, safety interest, or common defense and security so requires, or if the violation or conduct causing the violation is willful. 5. Inaccurate and Incomplete Information The NRC is adding a new Section 2.3.11, Inaccurate and Incomplete Information, to provide guidance to the NRC staff for issues involving inaccurate and incomplete information. The wording for this new section is taken essentially verbatim from the November 28, 2008, version of the Policy, Section IX, Inaccurate and Incomplete Information. This section was not included in the September 30, 2010, revision to the Policy. 6. Reporting of Defects The NRC is adding a new Section 2.3.12, Reporting of Defects and Noncompliance, to provide guidance to the NRC staff for issues involving contractors that supply products or services for use in nuclear activities. The wording for this new section is taken essentially verbatim from the November 28, 2008, version of the Policy, Section X, Enforcement Action Against Nonlicensees. This section was not included in the September 30, 2010, revision to the Policy. tkelley on DSK3SPTVN1PROD with 7. Predecisional Enforcement Conference The NRC is revising Section 2.4.1, Predecisional Enforcement Conference, in its entirety to provide clear and consistent guidance that allows licensees and individuals to respond to apparent violations before final escalated enforcement action is taken. The revised text states, in part, that to the extent practicable, the NRC will consider the licensee’s response before taking enforcement action. VerDate Mar<15>2010 17:13 Jan 25, 2013 Jkt 229001 8. Alternative Dispute Resolution The NRC is revising Section 2.4.3, Alternative Dispute Resolution, to update the alternative dispute resolution guidance. 9. Enforcement Actions Involving Individuals The NRC is revising Section 4.0, Enforcement Actions Involving Individuals, to provide guidance for handling potentially damaging or disqualifying information involving an individual’s trustworthiness and reliability, which may affect an individual’s unescorted access authorization to licensee facilities. 10. Violation Examples The NRC is revising Section 6.0, Violation Examples, by adding several new violation examples and revising several of the current examples. The sub-sections within Section 6.0 that are being revised include the violation examples related to licensed operators, facility construction (parts 50 and 52 of Title 10 of the Code of Federal Regulations (10 CFR), licensees and fuel cycle facilities), emergency preparedness, inaccurate and incomplete information, and failure to make a required report. The NRC is adding violation examples related to export and import activities. 11. Glossary The NRC is revising the following definitions in Section 7.0, Glossary: actual consequences, apparent violation, lost source policy, substantial potential for exposures or releases in excess of the applicable limits in 10 CFR part 20, and traditional enforcement. The NRC is also adding definitions for certificate holders and nonlicensees for purposes of the Policy. 12. Table of Base Civil Penalties In Section 8.0, Table A, Table of Base Civil Penalties, the NRC is revising the title of Category ‘‘c’’ by replacing the wording ‘‘Fuel fabricators authorized to possess Category III quantities of SNM [special nuclear material] * * *’’ with the wording ‘‘All other fuel fabricators, including facilities under construction * * *’’. This change will ensure that Table A addresses fuel facilities under construction. IV. Procedural Requirements Paperwork Reduction Act Statement This Policy statement 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 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 requirements were approved by the Office of Management and Budget (OMB), Approval Number 3150–0136. 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. Congressional Review Act In accordance with the Congressional Review Act of 1996, the NRC has determined that this action is not a major rule and has verified this determination with the Office of Information and Regulatory Affairs of OMB. For the Nuclear Regulatory Commission. Dated at Rockville, Maryland, this 22nd day of January 2013. Andrew L. Bates, Acting Secretary of the Commission. [FR Doc. 2013–01672 Filed 1–25–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 50–151; NRC–2013–0017] Notice of License Termination for University of Illinois Advanced TRIGA Reactor, License No. R–115 The U.S. Nuclear Regulatory Commission (NRC) is noticing the termination of Facility Operating License No. R–115, for the University of Illinois Advanced TRIGA Reactor (ATR). The NRC has terminated the license of the decommissioned ATR, at the Nuclear Research Laboratory (NRL) on the campus of the University of Illinois (U of IL) in Urbana, Illinois, and has released the site for unrestricted use. The licensee requested termination of the license in a letter to the NRC dated October 9, 2012 (ADAMS Accession Number ML12345A245). The ATR provided training for Nuclear Engineering students and various services for researchers in other departments at the U of IL. The University ceased operation of the facility in 1998, and the reactor fuel was removed in 2004. In 2007, the NRC approved the NRL Decommissioning Plan (DP) which required complete removal of the reactor, systems, and demolition of the facility. The NRL underwent decommissioning activities from October 2011 through May 2012. In July E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Notices]
[Pages 5838-5840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01672]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0014]


NRC Enforcement Policy

AGENCY: Nuclear Regulatory Commission.

ACTION: Policy revision; issuance and request for comments.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
revision to its Enforcement Policy (Enforcement Policy or Policy) to 
incorporate changes directed by the Commission, to make other changes 
proposed and evaluated by the staff, and to make minor edits.

DATES: This revision is effective on January 28, 2013. Comments on this 
revision should be submitted on or before February 27, 2013, and will 
be considered by the NRC before the next Enforcement Policy revision.

ADDRESSES: You may access information and comment submissions related 
to this revision to the Policy by searching http://www.regulations.gov 
under Docket ID NRC-2013-0014. You may submit comments by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0014. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov.
     Email comments to: Rulemaking.Comments@nrc.gov. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677. For additional direction on 
accessing information and submitting comments, see ``Accessing 
Information and

[[Page 5839]]

Submitting Comments'' in the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Nicole Coleman, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555; telephone: 
301-415-1048, email: Nicole.Coleman@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0014 when contacting the NRC 
about the availability of information for this revision of the Policy. 
You may access information related to this revision of the Policy, 
which the NRC possesses and is publicly available, by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0014.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access public documents online in the NRC Library at 
http://www.nrc.gov/reading-rm/adams.html. To begin the search, select 
``ADAMS Public Documents'' and then select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, please contact the NRC's Public 
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to pdr.resource@nrc.gov. The ADAMS accession number for each 
document referenced in this document (if that document is available in 
ADAMS) is provided the first time that a document is referenced. The 
NRC Enforcement Policy is available in ADAMS under Accession No. 
ML12340A295.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852. The NRC maintains the 
Enforcement Policy on its Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/enforce-pol.html.

B. Submitting Comments

    Please include Docket ID NRC-2013-0014 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in you 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Background

    The purpose of this Policy revision is to: (1) Incorporate changes 
directed by the Commission in the Staff Requirements Memorandum (SRM), 
SRM-SECY-09-0190, ``Revisions to the Nuclear Regulatory Commission 
Enforcement Policy,'' December 30, 2009 (ADAMS Accession No. 
ML093200520);(2) make other changes proposed and evaluated by the 
staff; and (3) make minor edits.
    On December 30, 2009, in SECY-09-0190, the NRC staff submitted to 
the Commission a proposed major revision of the Enforcement Policy. In 
SECY-09-0190, the NRC staff committed to provide an opportunity for 
public comments on the revision after it had been in effect for about 
18 months. In SRM-SECY-09-0190, the Commission approved the revised 
Policy and directed the NRC staff to evaluate certain items for 
inclusion in the next proposed revision to the Policy. On September 30, 
2010 (75 FR 60485), the NRC published the revised Policy in the Federal 
Register.
    In addition to the direction given to the NRC staff in SRM-SECY-09-
0190, the NRC staff evaluated other Policy changes that were presented 
to the Commission for approval and inclusion in the 2012 Policy 
revision.
    The NRC staff solicited comments on proposed changes to the Policy 
in documents published in the Federal Register on September 6, 2011 (76 
FR 54986), and December 6, 2011 (76 FR 76192).

III. Summary of Substantive Changes to the Enforcement Policy

1. Credit for Fuel Cycle Licensee Corrective Action Programs

    The NRC is revising Section 2.3.2, Non-Cited Violation, to provide 
fuel cycle licensees (and all other licensees or nonlicensees) with 
credit for a corrective action program (CAP) for certain severity level 
(SL) IV violations. Presently, this CAP credit for certain SL IV 
violations is only available to power reactor licensees. This revision 
would allow fuel cycle licensees (and all other licensees or 
nonlicensees) with credit for an NRC-approved CAP to have NRC-
identified SL IV violations treated as noncited violations (NCVs) if 
certain other criteria are met.

2. Noncited Violation Credit to Nonlicensees

    The NRC is revising Section 2.3.2.b, All Other Licensees, to 
clarify that NCVs may also be issued to nonlicensees when they meet the 
NCV criteria stated in Section 2.3.2.b.

3. Civil Penalties

    The NRC is making several changes to Section 2.3.4, Civil Penalty, 
related to the civil penalty assessment process. Under the current 
Policy, the NRC will assess at least a base civil penalty for 
violations involving loss of control of radioactive materials. The NRC 
is revising the Policy to remove such language. The intent is to 
maintain the existing lost source policy to issue at least a civil 
penalty while giving the NRC staff the flexibility to disposition those 
cases where a licensee has lost NRC regulated material, but took 
immediate action to recover it, in a timely manner, with little or no 
risk to the public while the material was not in the licensee's 
control. In such cases where loss of control is the issue, rather than 
actual loss of material, the normal civil penalty assessment process 
would be used. Notwithstanding the normal civil penalty assessment 
process, the Policy will also allow the use of discretion and 
imposition of a civil penalty in cases in which a licensee has lost 
required control of its regulated radioactive material.
    The NRC is revising the Policy to also provide criteria and 
examples for the use of daily civil penalties. This revision will 
provide factors for the NRC staff to consider when evaluating the 
appropriateness of daily civil penalties for continuing violations of 
at least moderate significance (i.e., at least a SL III).
    The NRC is revising the Policy to point out that civil penalties 
are considered for SL I, II, and III violations. However, this revision 
emphasizes that the civil penalty process described in Section 2.3.4 
should be followed to determine the appropriateness of any civil 
penalty.

[[Page 5840]]

    The NRC is also adding a new section, Section 4.3.1, Civil 
Penalties to Individuals Who Release Safeguards Information, to provide 
an assessment tool for the NRC staff to determine civil penalties for 
violations of unauthorized release of safeguards information (SGI) by 
individuals. The NRC is also revising Section 8.0, Table of Base Civil 
Penalties, to include a base civil penalty of $3,500 for individuals 
who release SGI.

4. Orders

    The NRC is revising Section 2.3.5, Orders, to clarify that Orders 
may be immediately effective, without prior opportunity for a hearing, 
whenever the NRC determines that the public health, safety interest, or 
common defense and security so requires, or if the violation or conduct 
causing the violation is willful.

5. Inaccurate and Incomplete Information

    The NRC is adding a new Section 2.3.11, Inaccurate and Incomplete 
Information, to provide guidance to the NRC staff for issues involving 
inaccurate and incomplete information. The wording for this new section 
is taken essentially verbatim from the November 28, 2008, version of 
the Policy, Section IX, Inaccurate and Incomplete Information. This 
section was not included in the September 30, 2010, revision to the 
Policy.

6. Reporting of Defects

    The NRC is adding a new Section 2.3.12, Reporting of Defects and 
Noncompliance, to provide guidance to the NRC staff for issues 
involving contractors that supply products or services for use in 
nuclear activities. The wording for this new section is taken 
essentially verbatim from the November 28, 2008, version of the Policy, 
Section X, Enforcement Action Against Nonlicensees. This section was 
not included in the September 30, 2010, revision to the Policy.

7. Predecisional Enforcement Conference

    The NRC is revising Section 2.4.1, Predecisional Enforcement 
Conference, in its entirety to provide clear and consistent guidance 
that allows licensees and individuals to respond to apparent violations 
before final escalated enforcement action is taken. The revised text 
states, in part, that to the extent practicable, the NRC will consider 
the licensee's response before taking enforcement action.

8. Alternative Dispute Resolution

    The NRC is revising Section 2.4.3, Alternative Dispute Resolution, 
to update the alternative dispute resolution guidance.

9. Enforcement Actions Involving Individuals

    The NRC is revising Section 4.0, Enforcement Actions Involving 
Individuals, to provide guidance for handling potentially damaging or 
disqualifying information involving an individual's trustworthiness and 
reliability, which may affect an individual's unescorted access 
authorization to licensee facilities.

10. Violation Examples

    The NRC is revising Section 6.0, Violation Examples, by adding 
several new violation examples and revising several of the current 
examples. The sub-sections within Section 6.0 that are being revised 
include the violation examples related to licensed operators, facility 
construction (parts 50 and 52 of Title 10 of the Code of Federal 
Regulations (10 CFR), licensees and fuel cycle facilities), emergency 
preparedness, inaccurate and incomplete information, and failure to 
make a required report. The NRC is adding violation examples related to 
export and import activities.

11. Glossary

    The NRC is revising the following definitions in Section 7.0, 
Glossary: actual consequences, apparent violation, lost source policy, 
substantial potential for exposures or releases in excess of the 
applicable limits in 10 CFR part 20, and traditional enforcement. The 
NRC is also adding definitions for certificate holders and nonlicensees 
for purposes of the Policy.

12. Table of Base Civil Penalties

    In Section 8.0, Table A, Table of Base Civil Penalties, the NRC is 
revising the title of Category ``c'' by replacing the wording ``Fuel 
fabricators authorized to possess Category III quantities of SNM 
[special nuclear material] * * *'' with the wording ``All other fuel 
fabricators, including facilities under construction * * *''. This 
change will ensure that Table A addresses fuel facilities under 
construction.

IV. Procedural Requirements

Paperwork Reduction Act Statement

    This Policy statement 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 (OMB), Approval Number 3150-0136.

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.

Congressional Review Act

    In accordance with the Congressional Review Act of 1996, the NRC 
has determined that this action is not a major rule and has verified 
this determination with the Office of Information and Regulatory 
Affairs of OMB.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 22nd day of January 2013.
Andrew L. Bates,
Acting Secretary of the Commission.
[FR Doc. 2013-01672 Filed 1-25-13; 8:45 am]
BILLING CODE 7590-01-P