ML20134M370
| ML20134M370 | |
| Person / Time | |
|---|---|
| Issue date: | 10/08/1996 |
| From: | Rathbun D NRC OFFICE OF CONGRESSIONAL AFFAIRS (OCA) |
| To: | Gingrich N, Gore A, Murphy R GENERAL ACCOUNTING OFFICE, HOUSE OF REP., SENATE |
| Shared Package | |
| ML20134M362 | List: |
| References | |
| FRN-60FR34381, RULE-PR-13, RULE-PR-2 CCS, NUDOCS 9611250060 | |
| Download: ML20134M370 (4) | |
Text
.- . - . - _ . - - -
oC I
g -4 UNITED STATES
'g.
j 2
NUCLEAR RERUL'ATORY COMMISSION
- CACHINSTcN. O.C. soses 4001 !
%.,***** j October 8, 1996 j The Honorable Al Gore President of the United States Senate Washington, D.C. 20510
Dear Mr. President:
Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is submitting a final rule that will adjust the Commission's monetary civil penalties for inflation. The NRC is also submitting a related notice of revision to the NRC Enforcement Policy.
The final rule action is mandated by 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, codified at 28 U.S.C. 2461 note).
The first required adjustments are limited to 10% of the amount of the existing penalty. Thus, the NRC is adjusting by regulation the maximum civil penalty that can be imposed under section 234 of the Atomic Energy Act of 1954 (AEA), as amended, from $100,000 to $110,000. The NRC is also adjusting the maximum civil penalty that can be imposed for false claims or statements under the Program Fraud Civil Remedies Act from $5,000 to $5,500.
The revision to NRC's Enforcement Policy involves conforming changes that I reflect the increase in the maximum civil penalty under section 234 of the AEA. The revision also includes corresponding increases of 10% in the lesser amounts that the Commission, as a matter of policy, has approved as base civil penalties for certain types of licensees, particularly smaller businesses, and for violations that are assessed at lower severity levels.
We have determined that neither the final rule nor the revision to the NRC Enforcement Policy is a " major rule" as defined in 5 U.S.C. 804(2). We have confirmed this determination with the Office of Management and Budget.
l Enclosed are copies of the notice of the final rule and the revision to the NRC Enforcement Policy, which are being transmitted to the Federal Register l for publication. The supplementary information in the notice for publication j of the final rule in the Federal Register includes the regulatory analysis for i the final rule. The final rule and the revision to the NRC Enforcement Policy j are scheduled to become effective 30 days after publication.
- Sincerely, 0& $
i Dennis K. Rathbun, Director Office of Congressional Affairs
Enclosures:
- 1. Final Rule
- 2. Policy Statement Revision j
9611250060 961000 PDR PR 2 60FR34381 PDR i
- - - . = _ . -- - .-- .-
_ _. .. __ _ - _ ~.- - _ . _ _.. __ _ . _ _ _ - - _ _ _ - - - -
I
'[ % UNITEID STA~fE8 i e 8 NUCLEAR RECLULATORY COMMISSION j- '
- 3, E* ,
WASHINGTON, D.C. 20056 4001 l 5
j .g. [ October 8, 1996 i The Honorable Newt Gingrich 1 i Speaker of the United States House !
j of Representatives
- Washington, D.C. 20515 f
Dear Mr. Speaker:
I r .
l l Pursuant' to Subtitle E of the Small. Business Regulatory Enforcement Fairness ,
i Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission (NRC) is J
! submitting a final rule that will adjust the Commission's monetary civil '
l penalties for inflation. The NRC is also submitting a related notice of revision to the NRC Enforcement Policy.
t l l The final rule action is mandated by the Federal Civil Penalties Inflation l Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of
- 1996 (P.L. 104-134, 110 Stat. 1321-358, 373, codified at 28 U.S.C. 2461 note).
The first required adjustments are limited to 10% of the amount of the existing penalty. Thus, the NRC is adjusting by regulation the maximum civil i penalty that can be imposed under section 234 of the Atomic Energy Act of 1954 i (AEA), as amended, from $100,000 to $110,000. The NRC is also adjusting the maximum civil penalty that can be imposed for false claims or statements under
! the Program Freud Civil Remedies Act from $5,000 to $5,500.
J
} The revision to NRC's Enforcement Policy involves conforming changes that j reflect the increase in the maximum civil penalty under section 234.of the i AEA. The revision also inc'ludes corresponding increases of 10% in the lesser ,
amounts that the Commission, as a matter of policy, has approved as base civil l penalties for certain types of license'es, particularly smaller businesses, and
- for violations that are assessed at lower severity levels.
t We have determined that neither the final rule nor the revision to the NRC
- Enforcement Policy is a " major rule" as defined in 5 U.S.C. 804(2). We have
- confirmed this determination with the Office of Management and Budget.
(
I Enclosed are copies of the notice of the final rule and the revision to the NRC Enforcement Policy, which are being transmitted to the Federal Register
- for publication. The supplementary information in the notice for publication
- of the final rule in the Federal Register includes the regulatory analysis for j the final rule. The final rule and the revision to the NRC Enforcement Policy
- are scheduled to become effective 30 days after publication.
j Sincerely,
/~
! Dennis K. Rathbun, Director l 1
Office of Congressional Affairs
Enclosures:
- 1. Final Rule
{ 2. Policy Statement Revision i i
i i
j p arg l ,
- [
3 t-
{ ,
UNITED 8TA1 ES NUCLEAR RE2ULATORY COMMISSICN
- g a WASHINGTON, D.C. 3000H001 1
- %.....+ October 8, 1996 4
l Mr. Robert P. Murphy j General Counsel l General Accounting Office Room 7175 ;
441 G Street, N.W.
]
Washington, DC 20548 i
Dear Mr. Murphy:
s
[ Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness
! Act of 1996, 5 U.S.C. 801, the Nuclear Regulatory Commission-(NRC) is j submitting a final rule that will adjust the Commission's monetary civil penalties for inflation. The NRC is also submitting a related notice of
- revision to the NRC Enforcement Policy.
l j The final rule action is mandated by the Federal Civil Penalties Inflation i Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of
- 1996 (P.L. 104-134, 110 Stat. 1321-358, 373, codified at 28 U.S.C. 2461 note).
f The first required adjustments are limited to 10% of the amount of the
- existing penalty. Thus, the NRC is adjusting by regulation the maximum civil i penalty that can be imposed under section 234 of the Atomic Energy Act of 1954 i (AEA), as amended, from $100,000 to $110,000. The NRC is also adjusting the l maximum civil penalty that can te imposed for false claims or statements under j the Program Fraud Civil Remedies Act from $5,000 to $5,500.
l The revision to NRC's Enforcement Policy involves conforming changes that reflect the increase in the maximum civil penalty under section 234 of the j AEA. The revision also includes corresponding increases of 10% in the lesser
- amounts that the Commission, as a matter of policy, has approved as base civil i penalties for certain types of licensees, particularly smaller businesses, and for violations that are assessed at lower severity levels.
4 i We have determined that neither the final rule nor the revision to the NRC
! Enforcement Policy is a " major rule" as defined in 5 U.S.C. 804(2). We have i confirmed this determination with the Office of Management and Budget.
Enclosed are copies of the notice of the final rule and the revision to the i NRC Enforcement Policy, which are being transmitted to the Federal Register
) for publication. The supplementary information in the notice for publication i
2 ,
l of the final rule in the Federal Register includes the regulatory analysis for the final rule. The final rule and the revision to the NRC Enforcement Policy are scheduled to become effective 30 eays after publication.
Sincerely, MA Dennis K. Rathbun, Director .
Office of Congressional Affairs l
Enclosures:
- 1. Final Rule
- 2. Policy Statement Revision I l
i I
l
.