Revision of the NRC Enforcement Policy, 2111-2112 [2023-28968]
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2111
Rules and Regulations
Federal Register
Vol. 89, No. 9
Friday, January 12, 2024
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 2
[NRC–2023–0196]
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. This
revision addresses the requirements of
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, which requires Federal agencies
to adjust their maximum civil monetary
penalty amounts annually for inflation.
DATES: This action is effective on
January 12, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2023–0196 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–2023–0196. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions, contact the
SUMMARY:
individual listed in the FOR FURTHER
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
PDR.Resource@nrc.gov.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time, Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Susanne Woods, Office of Enforcement,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, telephone:
301–287–9446, email: Susanne.Woods@
nrc.gov.
SUPPLEMENTARY INFORMATION:
INFORMATION CONTACT
I. Discussion
In 1990, Congress passed the Federal
Civil Penalties Inflation Adjustment Act
of 1990 (FCPIAA) to provide for regular
adjustments 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 4
years.
8.0
On November 2, 2015, the President
of the United States 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. The
requirements of the 2015 Improvements
Act 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 10 CFR 13.3, ‘‘Basis for civil
penalties and assessments.’’
Pursuant to the 2015 Improvements
Act, the NRC published today in the
Rules section of the Federal Register the
revised maximum daily base CMP,
based on the percentage change in the
consumer price index between October
2021 and October 2022, and codified in
10 CFR 2.205(j). In connection with this
final rule, the NRC is publishing a
corresponding update to the NRC’s
Enforcement Policy to adjust the
monetary amounts listed in Section 8.0,
‘‘Table of Base Civil Penalties.’’ This
monetary adjustment does not include
the base civil penalty amounts listed in
item f. because those values are based
on the estimated or actual costs of
authorized disposal and are not
calculated based on the maximum daily
base CMP codified in 10 CFR 2.205(j).
Adjustments to item f. base civil penalty
amounts are being examined under a
separate effort.
Accordingly, the NRC has revised its
Enforcement Policy to read as follows:
TABLE OF BASE CIVIL PENALTIES
khammond on DSKJM1Z7X2PROD with RULES
[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 .............................................................................................................
VerDate Sep<11>2014
15:08 Jan 11, 2024
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PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
E:\FR\FM\12JAR1.SGM
12JAR1
$360,000
180,000
90,000
36,000
18,000
54,000
17,000
7,000
2112
Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations
8.0
TABLE OF BASE CIVIL PENALTIES—Continued
[Table A]
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 collections 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 a rule as defined in the
Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has
determined that it is not a ‘‘major rule’’
as defined by the Congressional Review
Act.
Dated: December 20, 2023.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023–28968 Filed 1–11–24; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 2 and 13
[NRC–2022–0045]
RIN 3150–AK73
Adjustment of Civil Penalties for
Inflation for Fiscal Year 2024
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
regulations to adjust the maximum civil
monetary penalties it can assess under
statutes enforced by the agency. These
changes are mandated by the Federal
Civil Penalties Inflation Adjustment Act
of 1990, as amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. The NRC is
amending its regulations to adjust the
maximum civil monetary penalty for a
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:08 Jan 11, 2024
Jkt 262001
violation of the Atomic Energy Act of
1954, as amended, or any regulation or
order issued under the Atomic Energy
Act from $351,424 to $362,814 per
violation, per day. Additionally, the
NRC is amending provisions concerning
program fraud civil penalties by
adjusting the maximum civil monetary
penalty under the Program Fraud Civil
Remedies Act from $13,508 to $13,946
for each false claim or statement.
DATES: This final rule is effective on
January 12, 2024.
ADDRESSES: Please refer to Docket ID
NRC–2022–0045 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly available information
related to this action by any of the
following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2022–0045. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@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 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
PDR.Resource@nrc.gov. The ADAMS
accession number for each document
referenced (if it is available in ADAMS)
is provided the first time that it is
mentioned in the SUPPLEMENTARY
INFORMATION section.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time, Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Krupskaya Castellon, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
9,000
Washington, DC 20555–0001; telephone:
301–287–9221, email:
Krupskaya.Castellon@nrc.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion
III. Rulemaking Procedure
IV. Section-by-Section Analysis
V. Regulatory Analysis
VI. Regulatory Flexibility Act
VII. Backfitting and Issue Finality
VIII. Plain Writing
IX. National Environmental Policy Act
X. Paperwork Reduction Act
XI. Congressional Review Act
I. Background
Congress passed the Federal Civil
Penalties Inflation Adjustment Act of
1990 (FCPIAA) to allow for regular
adjustment for inflation of civil
monetary penalties (CMPs), maintain
the deterrent effect of such penalties
and promote compliance with the law,
and improve the collection of CMPs by
the Federal government (Pub L. 101–
410, 104 Stat. 890; 28 U.S.C. 2461 note).
Pursuant to this authority, and as
amended by the Debt Collection
Improvement Act of 1996 (Pub. L. 104–
34, 110 Stat. 1321–373), the NRC
increased via rulemaking the CMP
amounts for violations of the Atomic
Energy Act of 1954, as amended (AEA)
(codified at § 2.205 of title 10 of the
Code of Federal Regulations (10 CFR),
‘‘Civil penalties’’) and Program Fraud
Civil Remedies Act (codified at § 13.3,
‘‘Civil penalties and assessments’’) on
four occasions between 1996 and 2008.1
On November 2, 2015, Congress
amended the FCPIAA through the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (2015 Improvements Act) (Sec.
701, Pub. L. 114–74, 129 Stat. 599). The
2015 Improvements Act required that
the head of each agency perform an
initial ‘‘catch-up’’ adjustment via
1 Adjustment of Civil Penalties for Inflation (73
FR 54671; Sept. 23, 2008); Adjustment of Civil
Penalties for Inflation (69 FR 62393; Oct. 26, 2004);
Adjustment of Civil Penalties for Inflation;
Miscellaneous Administrative Changes (65 FR
59270; Oct. 4, 2000); Adjustment of Civil Monetary
Penalties for Inflation (61 FR 53554; Oct. 11, 1996).
An adjustment was not performed in 2012 because
the FCPIAA at the time required agencies to round
their CMP amounts to the nearest multiple of
$1,000 or $10,000, depending on the size of the
CMP amount, and the 2012 percentages based on
the statutory formula were small enough that no
adjustment resulted.
E:\FR\FM\12JAR1.SGM
12JAR1
Agencies
[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Rules and Regulations]
[Pages 2111-2112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28968]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules
and Regulations
[[Page 2111]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 2
[NRC-2023-0196]
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. This revision addresses the
requirements of the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, which requires Federal agencies to adjust
their maximum civil monetary penalty amounts annually for inflation.
DATES: This action is effective on January 12, 2024.
ADDRESSES: Please refer to Docket ID NRC-2023-0196 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-2023-0196. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
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: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time, Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Susanne Woods, Office of Enforcement,
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,
telephone: 301-287-9446, 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 adjustments 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 4 years.
On November 2, 2015, the President of the United States 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. The requirements of
the 2015 Improvements Act 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 10 CFR 13.3, ``Basis for civil
penalties and assessments.''
Pursuant to the 2015 Improvements Act, the NRC published today in
the Rules section of the Federal Register the revised maximum daily
base CMP, based on the percentage change in the consumer price index
between October 2021 and October 2022, and codified in 10 CFR 2.205(j).
In connection with this final rule, the NRC is publishing a
corresponding update to the NRC's Enforcement Policy to adjust the
monetary amounts listed in Section 8.0, ``Table of Base Civil
Penalties.'' This monetary adjustment does not include the base civil
penalty amounts listed in item f. because those values are based on the
estimated or actual costs of authorized disposal and are not calculated
based on the maximum daily base CMP codified in 10 CFR 2.205(j).
Adjustments to item f. base civil penalty amounts are being examined
under a separate effort.
Accordingly, the NRC has revised its Enforcement Policy to read as
follows:
8.0 Table of Base Civil Penalties
[Table A]
------------------------------------------------------------------------
------------------------------------------------------------------------
a. Power reactors, gaseous diffusion uranium enrichment $360,000
plants, and high-level waste repository................
b. Fuel fabricators authorized to possess Category I or 180,000
II quantities of SNM and uranium conversion facilities.
c. All other fuel fabricators, including facilities 90,000
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, 36,000
industrial radiographers, and other large material
users..................................................
e. Research reactors, academic, medical, or other small 18,000
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
[[Page 2112]]
g. Individuals who release safeguards information....... 9,000
------------------------------------------------------------------------
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 collections 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 a rule as defined in the Congressional Review Act (5
U.S.C. 801-808). However, the Office of Management and Budget has
determined that it is not a ``major rule'' as defined by the
Congressional Review Act.
Dated: December 20, 2023.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2023-28968 Filed 1-11-24; 8:45 am]
BILLING CODE 7590-01-P