Revision of the NRC Enforcement Policy, 22535-22536 [2018-10350]

Download as PDF Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices NRC electronically in accordance with NRC’s E-Filing rule promulgated in August 2007 (72 FR 49139; August 28, 2007). Information about filing electronically is available on the NRC’s public website at https://www.nrc.gov/ site-help/e-submittals.html. To ensure timely electronic filing, at least 5 days prior to the filing deadline, the petitioner/requestor should contact the Office of the Secretary by email at hearingdocket@nrc.gov or by calling 22535 301–415–1677 to request a digital ID certificate and allow for the creation of an electronic docket. The information concerning this application for an export license amendment and renewal follows: NRC EXPORT LICENSE AMENDMENT AND RENEWAL APPLICATION [Description of Material] Name of applicant, date of application, date received, Application No., Docket No., and ADAMS Accession No. Diversified Scientific Services, Inc. (DSSI). February 9, 2018. February 14, 2018. XW008/05. 11005323. ML18085A690. Material type Total quantity End use Radioactive waste equivalent to Class A, B, and/or C, including oil, solvents, scintillation fluids, grease, paint chips, paint sludge, spent bead resins, powder resins, contaminated with activated carbon-14, hydrogen-3, and other mixed fission product radionuclides. The maximum activity level of all contaminants combined shall not exceed 75 Terrabecquerels (2,010 curies) per shipment. Authorization to export a total maximum quantity of 378,000 kilograms. Return of non-conforming waste and/or waste resulting from processing materials for appropriate disposition. The amendment and renewal requests: (1) An extension of the license from March 31, 2017 to March 31, 2022; (2) a change to the license point of contact; (3) a change in the name of one ultimate foreign consignee from Atomic Energy of Canada Limited to Canadian Nuclear Laboratories; 4) removal of the reference to Waste Classification as defined in 10 CFR 61.55 and reference to Table A2 values of 49 CFR 173.435 from the waste description since 10 CFR 61.55 is not applicable because treated and processed waste are to be returned to Canada; (5) removal of previous references to Import License IW012/05; (6) updated radioactivity levels; and (7) inclusion of a port of exit in the State of New York and a port of exit in State of Michigan. Dated at Rockville, Maryland, this 9th day of May 2018. For the Nuclear Regulatory Commission. David L. Skeen, Deputy Director, Office of International Programs. [FR Doc. 2018–10247 Filed 5–14–18; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2018–0082] Revision of the NRC Enforcement Policy Nuclear Regulatory Commission. ACTION: Revision to policy statement. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is publishing a revision to its Enforcement Policy (Enforcement Policy or Policy) to address the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Improvements Act). The 2015 Improvements Act amended the Federal Civil Penalties Inflation Adjustment Act (FCPIAA) of 1990, and now requires Federal agencies to adjust their maximum civil monetary penalty annually for inflation. DATES: This action was effective on January 12, 2018. ADDRESSES: Please refer to Docket ID NRC–2018–0082 when contacting the daltland on DSKBBV9HB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 20:27 May 14, 2018 Jkt 244001 NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2018–0082. Address questions about NRC dockets to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://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. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Gerry Gulla, Office of Enforcement, telephone: 301–287–9143, email: Gerald.Gulla@nrc.gov, U.S. Nuclear PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 Country of destination Canada. Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: I. Background In 1990, Congress passed the Federal Civil Penalties Inflation Adjustment Act of 1990, to provide for regular adjustment for inflation of civil monetary penalties (CMPs). As amended by the Debt Collection Improvement Act of 1996, the FCPIAA required that the head of each Federal agency review, and if necessary, adjust by regulation the CMPs assessed under statutes enforced by the agency at least once every four years. On November 2, 2015, the President of the United States signed into law the 2015 Improvements Act, which further amended the FCPIAA and requires Federal agencies to adjust their CMPs annually for inflation no later than January 15 of each year. These requirements apply to the NRC’s maximum CMP amounts for (1) a violation of the Atomic Energy Act (AEA) of 1954, as amended, or any regulation or order issued under the AEA, codified in section 2.205(j) of title 10 of the Code of Federal Regulations (CFR), ‘‘Civil Penalties’’; and (2) a false claim or statement made under the Program Fraud Civil Remedies Act, codified in 10 CFR 13.3, ‘‘Basis for Civil Penalties and Assessments.’’ Pursuant to the 2015 Improvements Act, the NRC codified on January 12, E:\FR\FM\15MYN1.SGM 15MYN1 22536 Federal Register / Vol. 83, No. 94 / Tuesday, May 15, 2018 / Notices 2018 (83 FR 1515), the revised maximum daily base CMP based on the percentage change in the consumer price index between October 2017 and October 2016. Because this revised monetary value directly impacts the CMPs assessed to NRC licensees, the NRC’s Enforcement Policy table of civil penalties requires revision. Specifically, the monetary amounts found in Section 8.0, ‘‘Table of Base Civil Penalties’’ items a—e and g. This monetary adjustment does not include item ‘‘f’’ since its monetary value is based on the estimated or actual cost of authorized disposal and not on the monetary value codified in 10 CFR 2.205(j). Accordingly, the NRC has revised its Policy to read as follows: 8.0—TABLE OF BASE CIVIL PENALTIES Table A a. Power reactors, gaseous diffusion uranium enrichment plants, and high-level waste repository .................................................. b. Fuel fabricators authorized to possess Category I or II quantities of SNM and uranium conversion facilities .............................. c. All other fuel fabricators, including facilities under construction, authorized to possess Category III quantities of SNM, industrial processors, independent spent fuel and monitored retrievable storage installations, mills, gas centrifuge and laser uranium enrichment facilities ................................................................................................................................................................. d. Test reactors, contractors, waste disposal licensees, industrial radiographers, and other large material users ........................... e. Research reactors, academic, medical, or other small material users ........................................................................................... f. Loss, abandonment, or improper transfer or disposal of regulated material, regardless of the use or type of licensee: 1. Sources or devices with a total activity greater than 3.7 × 104 MBq (1 Curie), excluding hydrogen-3 (tritium) .................... 2. Other sources or devices containing the materials and quantities listed in 10 CFR 31.5(c)(13)(i) ........................................ 3. Sources and devices not otherwise described above ............................................................................................................. g. Individuals who release safeguards information ............................................................................................................................. II. Procedural Requirements This policy statement does not contain any new or amended collection of information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Existing collection of information were approved by the Office of Management and Budget (OMB), approval numbers 3150–0010 and 3150–0136. Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number. Congressional Review Act This action is not a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). Dated at Rockville, Maryland, this 10th day of May 2018. For the Nuclear Regulatory Commission. Victor McCree, Executive Director for Operations. [FR Doc. 2018–10350 Filed 5–14–18; 8:45 am] daltland on DSKBBV9HB2PROD with NOTICES BILLING CODE 7590–01–P OVERSEAS PRIVATE INVESTMENT CORPORATION Sunshine Notice; June 6, 2018 Public Hearing TIME AND DATE: 2:00 p.m., Wednesday, June 6, 2018. VerDate Sep<11>2014 20:27 May 14, 2018 Offices of the Corporation, Twelfth Floor Board Room, 1100 New York Avenue NW, Washington, DC. STATUS: Hearing OPEN to the Public at 2:00 p.m. PURPOSE: Public Hearing in conjunction with each meeting of OPIC’s Board of Directors, to afford an opportunity for any person to present views regarding the activities of the Corporation. PROCEDURES: Individuals wishing to address the hearing orally must provide advance notice to OPIC’s Corporate Secretary no later than 5 p.m. Wednesday, May 30, 2018. The notice must include the individual’s name, title, organization, address, and telephone number, and a concise summary of the subject matter to be presented. Oral presentations may not exceed ten (10) minutes. The time for individual presentations may be reduced proportionately, if necessary, to afford all participants who have submitted a timely request an opportunity to be heard. Participants wishing to submit a written statement for the record must submit a copy of such statement to OPIC’s Corporate Secretary no later than 5 p.m. Wednesday, May 30, 2018. Such statement must be typewritten, double spaced, and may not exceed twenty-five (25) pages. Upon receipt of the required notice, OPIC will prepare an agenda, which will be available at the hearing, that identifies speakers, the subject on which each participant will speak, and the time allotted for each presentation. A written summary of the hearing will be compiled, and such summary will be made available, upon written request to PLACE: Paperwork Reduction Act Statement Jkt 244001 PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 $290,000 145,000 72,500 29,000 14,500 54,000 17,000 7,000 7,250 OPIC’s Corporate Secretary, at the cost of reproduction. Written summaries of the projects to be presented at the June 14, 2018, Board meeting will be posted on OPIC’s website. CONTACT PERSON FOR INFORMATION: Information on the hearing may be obtained from Catherine F.I. Andrade at (202) 336–8768, via facsimile at (202) 408–0297, or via email at Catherine.Andrade@opic.gov. Dated: May 11, 2018. Catherine F.I. Andrade, OPIC Corporate Secretary. [FR Doc. 2018–10405 Filed 5–11–18; 11:15 am] BILLING CODE 3210–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2018–148 and CP2018–214; MC2018–149 and CP2018–215] New Postal Products Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing for the Commission’s consideration concerning negotiated service agreements. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: May 17, 2018. SUMMARY: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER ADDRESSES: E:\FR\FM\15MYN1.SGM 15MYN1

Agencies

[Federal Register Volume 83, Number 94 (Tuesday, May 15, 2018)]
[Notices]
[Pages 22535-22536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10350]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2018-0082]


Revision of the NRC Enforcement Policy

AGENCY: Nuclear Regulatory Commission.

ACTION: Revision to policy statement.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing a 
revision to its Enforcement Policy (Enforcement Policy or Policy) to 
address the requirements of the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (2015 Improvements Act). The 
2015 Improvements Act amended the Federal Civil Penalties Inflation 
Adjustment Act (FCPIAA) of 1990, and now requires Federal agencies to 
adjust their maximum civil monetary penalty annually for inflation.

DATES: This action was effective on January 12, 2018.

ADDRESSES: Please refer to Docket ID NRC-2018-0082 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2018-0082. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Gerry Gulla, Office of Enforcement, 
telephone: 301-287-9143, email: [email protected], U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    In 1990, Congress passed the Federal Civil Penalties Inflation 
Adjustment Act of 1990, to provide for regular adjustment for inflation 
of civil monetary penalties (CMPs). As amended by the Debt Collection 
Improvement Act of 1996, the FCPIAA required that the head of each 
Federal agency review, and if necessary, adjust by regulation the CMPs 
assessed under statutes enforced by the agency at least once every four 
years.
    On November 2, 2015, the President of the United States signed into 
law the 2015 Improvements Act, which further amended the FCPIAA and 
requires Federal agencies to adjust their CMPs annually for inflation 
no later than January 15 of each year. These requirements apply to the 
NRC's maximum CMP amounts for (1) a violation of the Atomic Energy Act 
(AEA) of 1954, as amended, or any regulation or order issued under the 
AEA, codified in section 2.205(j) of title 10 of the Code of Federal 
Regulations (CFR), ``Civil Penalties''; and (2) a false claim or 
statement made under the Program Fraud Civil Remedies Act, codified in 
10 CFR 13.3, ``Basis for Civil Penalties and Assessments.''
    Pursuant to the 2015 Improvements Act, the NRC codified on January 
12,

[[Page 22536]]

2018 (83 FR 1515), the revised maximum daily base CMP based on the 
percentage change in the consumer price index between October 2017 and 
October 2016. Because this revised monetary value directly impacts the 
CMPs assessed to NRC licensees, the NRC's Enforcement Policy table of 
civil penalties requires revision. Specifically, the monetary amounts 
found in Section 8.0, ``Table of Base Civil Penalties'' items a--e and 
g. This monetary adjustment does not include item ``f'' since its 
monetary value is based on the estimated or actual cost of authorized 
disposal and not on the monetary value codified in 10 CFR 2.205(j).
    Accordingly, the NRC has revised its Policy to read as follows:

                   8.0--Table of Base Civil Penalties
                                 Table A
------------------------------------------------------------------------
 
------------------------------------------------------------------------
a. Power reactors, gaseous diffusion uranium enrichment         $290,000
 plants, and high-level waste repository................
b. Fuel fabricators authorized to possess Category I or          145,000
 II quantities of SNM and uranium conversion facilities.
c. All other fuel fabricators, including facilities               72,500
 under construction, authorized to possess Category III
 quantities of SNM, industrial processors, independent
 spent fuel and monitored retrievable storage
 installations, mills, gas centrifuge and laser uranium
 enrichment facilities..................................
d. Test reactors, contractors, waste disposal licensees,          29,000
 industrial radiographers, and other large material
 users..................................................
e. Research reactors, academic, medical, or other small           14,500
 material users.........................................
f. Loss, abandonment, or improper transfer or disposal
 of regulated material, regardless of the use or type of
 licensee:
    1. Sources or devices with a total activity greater           54,000
     than 3.7 x 104 MBq (1 Curie), excluding hydrogen-3
     (tritium)..........................................
    2. Other sources or devices containing the materials          17,000
     and quantities listed in 10 CFR 31.5(c)(13)(i).....
    3. Sources and devices not otherwise described above           7,000
g. Individuals who release safeguards information.......           7,250
------------------------------------------------------------------------

II. Procedural Requirements

Paperwork Reduction Act Statement

    This policy statement does not contain any new or amended 
collection of information subject to the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501 et seq.). Existing collection of information were 
approved by the Office of Management and Budget (OMB), approval numbers 
3150-0010 and 3150-0136.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless the document requesting 
or requiring the collection displays a currently valid OMB control 
number.

Congressional Review Act

    This action is not a rule as defined in the Congressional Review 
Act (5 U.S.C. 801-808).

    Dated at Rockville, Maryland, this 10th day of May 2018.
    For the Nuclear Regulatory Commission.
 Victor McCree,
Executive Director for Operations.
[FR Doc. 2018-10350 Filed 5-14-18; 8:45 am]
 BILLING CODE 7590-01-P


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