Revision of the NRC Enforcement Policy, 2445-2446 [2020-00305]

Download as PDF Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Notices estimated for the following four forms per year: NIJ CTP Body Armor Agreement: Estimated 100 responses at 15 minutes every year; NIJ CTP Body Armor Build Sheet: Estimated 100 responses at 2 hours every year; NIJ CTP Manufacturing Location Notification: Estimated 100 responses at 15 minutes each every year; NIJ CTP Listee Notification: Estimated 100 responses at 15 minutes every year; Testing laboratories provide responses to the laboratory agreement form and are therefore considered respondents in this case. There are currently four laboratories that participate in the NIJ CTP, which renew their status with the NIJ CTP roughly every two years. NIJ Approved Laboratory Application and Agreement: Estimated 4 responses at 8 hours every two years, or a total of 16 hours on average per year. 6. An estimate of the total public burden (in hours) associated with the collection: 366 hours the first year and 328.5 hours per year in subsequent years. If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE, 3E.405A, Washington, DC 20530. Dated: January 10, 2020. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice. [FR Doc. 2020–00526 Filed 1–14–20; 8:45 am] BILLING CODE 4410–AT–P Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314. STATUS: Closed. MATTERS TO BE CONSIDERED: Committee Chair’s opening remarks; Approval of prior meeting minutes; Update on NSF’s Fiscal Year 2021 budget passback and budget request to Congress. In addition, the Committee on Strategy will discuss NSF’s approach to the FY2020 Current Plan in response to appropriations language. CONTACT PERSON FOR MORE INFORMATION: Point of contact for this meeting is: Kathy Jacquart, 2415 Eisenhower Avenue, Alexandria, VA 22314. Telephone: (703) 292–7000. You may find meeting information and updates (time, place, subject matter or status of meeting) at https:// www.nsf.gov/nsb/meetings/ notices.jsp#sunshine. Please refer to the National Science Board website at www.nsf.gov/nsb for general information. Chris Blair, Executive Assistant to the National Science Board Office. [FR Doc. 2020–00595 Filed 1–13–20; 11:15 am] BILLING CODE 7555–01–P jbell on DSKJLSW7X2PROD with NOTICES Sunshine Act Meeting; National Science Board; Correction The National Science Board, 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 amends the notice of the scheduling of a teleconference for the transaction of National Science Board business to add an agenda item. The original notice was published in the Federal Register on January 7, 2020 at 85 FR 728. TIME AND DATE: Closed teleconference of the Committee on Strategy of the National Science Board, to be held Monday, January 13, 2020 from 4:00– 5:00 p.m. EST. PLACE: This meeting will be held by teleconference at the National Science VerDate Sep<11>2014 17:18 Jan 14, 2020 Jkt 250001 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 ‘‘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, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–287–9143, email: Gerald.Gulla@ nrc.gov. SUPPLEMENTARY INFORMATION: NUCLEAR REGULATORY COMMISSION I. Discussion [NRC–2019–0242] 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 to address the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. 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 is effective on January 15, 2020. ADDRESSES: Please refer to Docket ID NRC–2019–0242 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–2019–0242. Address SUMMARY: NATIONAL SCIENCE FOUNDATION 2445 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 In 1990, Congress passed the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), 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 signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (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 § 2.205(j) of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Civil Penalties’’; and (2) a false claim or statement made under the Program Fraud Civil Remedies Act, codified in § 13.3, ‘‘Basis for Civil Penalties and Assessments.’’ E:\FR\FM\15JAN1.SGM 15JAN1 2446 Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Notices Pursuant to the 2015 Improvements Act, today the NRC published in the Rules section of the Federal Register a revision to § 2.205(j), increasing the maximum CMP for a violation of the AEA to $303,471 per violation, per day. This adjustment requires a corresponding revision to the NRC Enforcement Policy. Specifically, the maximum CMP amount found in Section 8.0, ‘‘Table of Base Civil Penalties’’ of the NRC Enforcement Policy is being updated to $300,000, consistent with the NRC’s existing practice of rounding the maximum CMP amount codified in § 2.205(j) down to the nearest multiple of $10,000. Lesser CMP amounts in the table of base civil penalties are also being adjusted to maintain the same proportional relationship amongst the penalty amounts, except for item ‘‘f.’’, which is based on the estimated or actual cost of authorized disposal and not on the monetary value codified in § 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. 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. III. Congressional Review Act This action is not a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). Dated in Rockville, Maryland, this 31st day of December, 2019. For the Nuclear Regulatory Commission. Margaret M. Doane, Executive Director for Operations. [FR Doc. 2020–00305 Filed 1–14–20; 8:45 am] jbell on DSKJLSW7X2PROD with NOTICES POSTAL REGULATORY COMMISSION [Docket No. ACR2019; Order No. 5400] Postal Service Performance Report and Performance Plan ACTION: Postal Regulatory Commission. Notice. VerDate Sep<11>2014 17:18 Jan 14, 2020 Jkt 250001 Comments are due: February 28, 2020. Reply Comments are due: March 13, 2020. DATES: Submit comments electronically via the Commission’s Filing Online system at http:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. ADDRESSES: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Request for Comments III. Ordering Paragraphs BILLING CODE 7590–01–P AGENCY: On December 27, 2019, the Postal Service filed the FY 2019 Performance Report and FY 2020 Performance Plan with its FY 2019 Annual Compliance Report. This notice informs the public of the filing, invites public comment, and takes other administrative steps. SUMMARY: I. Introduction Each year the Postal Service must submit to the Commission its most recent annual performance plan and annual performance report. 39 U.S.C. 3652(g). On December 27, 2019, the Postal Service filed its FY 2019 Annual Report to Congress in Docket No. PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 $300,000 150,000 75,000 30,000 15,000 54,000 17,000 7,000 7,500 ACR2019.1 The FY 2019 Annual Report includes the Postal Service’s FY 2019 annual performance report (FY 2019 Report) and FY 2020 annual performance plan (FY 2020 Plan). FY 2019 Annual Report at 18–37. The FY 2020 Plan reviews the Postal Service’s plans for FY 2020. The FY 2019 Report discusses the Postal Service’s progress during FY 2019 toward its four performance goals: • High-Quality Service • Excellent Customer Experiences • Safe Workplace and Engaged Workforce • Financial Health Each year, the Commission must evaluate whether the Postal Service met the performance goals established in the annual performance plan and annual performance report. 39 U.S.C. 3653(d). The Commission may also ‘‘provide recommendations to the Postal Service related to the protection or promotion of public policy objectives set out in’’ title 39. Id. Since Docket No. ACR2013, the Commission has evaluated whether the Postal Service met its performance goals in reports separate from the Annual Compliance Determination.2 The 1 United States Postal Service FY 2019 Annual Report to Congress, Library Reference USPS–FY19– 17, December 27, 2019 (FY 2019 Annual Report). 2 See Docket No. ACR2013, Postal Regulatory Commission, Review of Postal Service FY 2013 Performance Report and FY 2014 Performance Plan, July 7, 2014; Docket No. ACR2014, Postal Regulatory Commission, Analysis of the Postal Service’s FY 2014 Program Performance Report and FY 2015 Performance Plan, July 7, 2015; Docket No. ACR2015, Postal Regulatory Commission, Analysis of the Postal Service’s FY 2015 Annual Performance Report and FY 2016 Performance Plan, May 4, 2016; E:\FR\FM\15JAN1.SGM 15JAN1

Agencies

[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Notices]
[Pages 2445-2446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00305]


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NUCLEAR REGULATORY COMMISSION

[NRC-2019-0242]


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 to address the requirements of the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015. 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 is effective on January 15, 2020.

ADDRESSES: Please refer to Docket ID NRC-2019-0242 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-2019-0242. 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 ``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, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, 
telephone: 301-287-9143, email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Discussion

    In 1990, Congress passed the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (FCPIAA), 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 signed into law the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (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 Sec.  2.205(j) of title 10 of the Code of Federal 
Regulations (10 CFR), ``Civil Penalties''; and (2) a false claim or 
statement made under the Program Fraud Civil Remedies Act, codified in 
Sec.  13.3, ``Basis for Civil Penalties and Assessments.''

[[Page 2446]]

    Pursuant to the 2015 Improvements Act, today the NRC published in 
the Rules section of the Federal Register a revision to Sec.  2.205(j), 
increasing the maximum CMP for a violation of the AEA to $303,471 per 
violation, per day. This adjustment requires a corresponding revision 
to the NRC Enforcement Policy. Specifically, the maximum CMP amount 
found in Section 8.0, ``Table of Base Civil Penalties'' of the NRC 
Enforcement Policy is being updated to $300,000, consistent with the 
NRC's existing practice of rounding the maximum CMP amount codified in 
Sec.  2.205(j) down to the nearest multiple of $10,000. Lesser CMP 
amounts in the table of base civil penalties are also being adjusted to 
maintain the same proportional relationship amongst the penalty 
amounts, except for item ``f.'', which is based on the estimated or 
actual cost of authorized disposal and not on the monetary value 
codified in Sec.  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         $300,000
 plants, and high-level waste repository................
b. Fuel fabricators authorized to possess Category I or          150,000
 II quantities of SNM and uranium conversion facilities.
c. All other fuel fabricators, including facilities               75,000
 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,          30,000
 industrial radiographers, and other large material
 users..................................................
e. Research reactors, academic, medical, or other small           15,000
 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.......           7,500
------------------------------------------------------------------------

II. 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.

III. Congressional Review Act

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

    Dated in Rockville, Maryland, this 31st day of December, 2019.

    For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-00305 Filed 1-14-20; 8:45 am]
 BILLING CODE 7590-01-P