ML20134M359

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Forwards Notice of Final Rule Re Max Civil Penalties & Notice of Related Rev to NRC Enforcement Policy to Be Published in Fr
ML20134M359
Person / Time
Issue date: 10/08/1996
From: Rathbun D
NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA)
To: Faircloth L, Schaefer D
HOUSE OF REP., SENATE, ENVIRONMENT & PUBLIC WORKS
Shared Package
ML20134M362 List:
References
FRN-60FR34381, RULE-PR-13, RULE-PR-2 CCS, NUDOCS 9611250055
Download: ML20134M359 (2)


Text

____._ ______ ___ _ _ _ ___ ____-. _.. - -. _

k UNITED STATES g

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NUCLEAR REQULdTORV COMMISSION

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October 8, 1996 i

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The Honorable Lauch Faircloth, Chairman Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety i

Committee on Environment and Public Works i

United States Senate Washington, DC 20510 l

Dear Mr. Chairman:

i i

Enclosed for the information of the Subcommittee are copies of a notice of final rule regarding maximum civil penalties and a notice of related revisions to the NRC's Enforcement Policy.

These documents will be published in the Federal Reaister.

In the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Debt Collection Improvement Act of 1996 (P.L.

104-134, 110 Stat. 1321-358, 373), Congress requires that the head of each Federal agency make adjustments by regulation to the agency's maximum civil penalties by october 23, 1996.

In accordance with this statutory requirement, the final rule increases the maximum civil penalty per violation under section 234 of the Atomic Energy Act of 1954 (AEA), as amended, from

$100,000 to $110,000.

As also required by the statutory formula, the final rule amends the NRC's implementing regulations for the Program Fraud Civil Remedies Act by increasing the maximum civil penalty per violation from $5,000 to $5,500.

As a result of the adjustments to the maximum civil penalty under the AEA, the NRC's Enforcement Policy is revised to reflect the new maximum civil penalty.

The revised Enforcement Policy also makes corresponding changes in the amounts of the lower base civil penalties that the Commission has approved for certain types of licensees, particularly small businesses, and certain lower severity levels.

Sincerely,

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Dennis K. Rathbun, Director Office of Congressional Affairs lf

Enclosures:

1.

Final Rule Notice 2.

Enforcement Policy Revision Notice cLr)"

cc:

Senator Bob Graham b

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l The Honorable Dan Schaefer, Chairman Subcommittee Energy and Power Committee on Commerce i

United States House of Representatives

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Washington, DC 20515 i

Dear Mr. Chairman:

Enclosed for the information of the Subcommittee are copies of a notice of final rule regarding maximum civil penalties and a notice of related revisions to the NRC's Enforcement Policy.

These documents will be published in the Federal Reaister.

In the Federal Civil Penalties Inflation Adjustment Act of 1990 i

as amended by the Debt Collection Improvement Act of 1996 (P.L.

104-134, 110 Stat. 1321-358, 373), Congress requires that the head of each Federal agency make adjustments by regulation to the agency's maximum civil penalties by October 23, 1996.

In accordance with this statutory requirement, the final rule increases the maximum civil penalty per violation under section 234 of the Atomic Energy Act of 1954 (AEA), as amended, from

$100,000 to $110,000.

As also required by the statutory formula, the final rule amends the NRC's implementing regulations for the Program Fraud Civil Remedies Act by increasing the maximum civil penalty per violation from $5,000 to $5,500.

As a result of the adjustments to the maximum civil penalty under the AEA, the NRC's Enforcement Policy is revised to reflect the new maximum civil penalty.

The revised Enforcement Policy also makes corresponding changes in the amounts of the lower base civil penalties that the Commission has approved for certain types of licensees, particularly small businesses, and certain lower severity levels.

Sincerely,

.o Dennis K. Rathbun, Director Office of Congressional Affairs

Enclosures:

1.

Final Rule Notice 2.

Enforcement Policy Revision Notice cc:

Rep. Frank Pallone

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