ML20149D810
| ML20149D810 | |
| Person / Time | |
|---|---|
| Issue date: | 02/10/1993 |
| From: | Cant G NRC OFFICE OF ENFORCEMENT (OE) |
| To: | Nelson R NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML19352C239 | List: |
| References | |
| FRN-59FR19147, RULE-PR-30 NUDOCS 9405060112 | |
| Download: ML20149D810 (1) | |
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MEMORANDUM FOR:
bert Nelson Low' Level Waste Management Branch
~ Office of Nuclear Materials' Safety and Safeguards FROM:
Geoffrey D.
Cant Enforcement Specialist Office of Enforcement
SUBJECT:
PROPOSED RULE ON PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADIOACTIVE e
WASTE We have reviewed the subject proposed rule, published February 2, 1993 (58 FR 6730), and note that changes are.needed in the package to comply with the memorandum of February 1, 1993 from H.
L.
Thompson, Jr. on preparation of'rulemaking documents. (Copy attached).
The paragraphs in the authority citations, beginning "For the purposes of Sec. 223, should be deleted.
All such paragraphs were deleted in.the final rule " Clarification of-Statutory Authority for Purposes of Criminal Enforcement".(57 FR 55062, November 24, 1992).
We have also examined the sections that are revised in your.rulemaking and do not believe that they call for any changes to the new Criminal Penalties sections, e.g.,
S 30.64, added by the previously cited rule.
If you have any questions concerning this, please call me-at 504-1 3283.
N 7
eoffrey D.
Cant Enforcement-Specialist Office of Enforcement
Enclosure:
as stated cc:
J.
Lieberman, OE P.
H.
Lohaus, NMSS D.
L. Meyer, ADm L
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umTao s*ATES NUCLEAR REGULATORY COMMISSION monwarow.o. c. nasse
- f February 1,1993 MEMORANDUM FOR:
Gerald F. Cranford Office of Information Resources Management Eric S.
Beckjord, Director Office of Nuclear Regulatory Research Robert M. Bernero, Director Office of Nuclear Materials Safety and Safeguards Thomas E. Murley, Director Office of Nuclear Reactor Regulation Edward L. Jordan, Director Office for Analysis and Evaluation of Operational Data Patricia G.
Norry, Director Office of Administration Ronald M. Scroggins, Deputy Chief Financial Officer / Controller FROM:
Hugh L. Thompson, Jr.
Deputy Executive Director for Nuclear Materials Safety, Safeguards and Operations Support
SUBJECT:
PREPARATION OF RULEMAKING DOCUMENTS The Commission has amended its regulations to clarify the applicability of criminal penalty provisions of the Atomic Energy Act to willful violations of certain of the Commission's regulations. (57 FR 55062, November 24, 1992)
This clarification adopts a standard format that adds to each appropriate part a section that addresses criminal penalties.
This is important to ensure criminal penalties are applicable to appropriate regulations.
The new " Criminal Penalties" sections contain a statement that for the purposes of Section 223 of the Act all the regulations in the part are "... issued under one or more of sections 161b, 1611, or 161o," except as otherwise noted in.a separate paragraph."
(See example in Enclosure 1)
For the new approach to be effective, it is important that all regulations promulgated from now on have an appropriate. criminal penalty statement.
3.5LLlW-91 Dp
9 Multiple Addressees To accomplish this, all proposed and final rules should be reviewed by the Office of Enforcement (OE) for potential changes to the Criminal Penalties provisions.
At the same time, OE will review the rule to determine if changes to the Enforcement Policy are warranted.
The EDO Procedures Manual will be changed to reflect this requirement.
ug
. Thomps D p ty Execut a
rector or Nuclear Ma erials, Safety, Safeguards and Operations Support
Enclosure:
As stated cc:
J. Taylor, EDO J.
Sniezek, DEDR W. Parler, OGCN J. Blaha, AO B. Hayes, OI S. Chilk, SECY
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i
.~
S 34.63 criminal penalties.
(a)
Section 223 of the Atomic Energy Act of.1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under Sections 161b, 1611, or 161o of the Act.
For purposes of Section 223, all the regulations in Part 34 are issued under~one or more of Sections 161b, 1611, or 161o, except for the sections listed in paragraph (b) of this section.
(b)
The regulations in Part 34 that are not issued under Sections 161b, 1611, or 161o for the purposes of Section.223 are as follows:
SS 34.1, 34.2, 34.3, 34.8, 34.11, 34.51, 34.61, and 34.63.
.