SECY-24-0009, Enclosure 4 - Federal Register Notice
| ML23038A220 | |
| Person / Time | |
|---|---|
| Issue date: | 01/25/2024 |
| From: | David Pelton NRC/OE |
| To: | |
| Shared Package | |
| ML22318A121 | List: |
| References | |
| SECY-24-0009 | |
| Download: ML23038A220 (5) | |
Text
[7590-01-P]
NUCLEAR REGULATORY COMMISSION
[NRC-2023-0xxx]
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 r evision to
its Enforcement Policy (Policy) to incorporate multiple changes approved by the
Commission.
DATES: This revision is effective on [INSERT DATE OF PUBLICATION IN THE
FEDERAL REGISTER]. The NRC is not soliciting comments on this revision to its Po licy
at this time.
ADDRESSES: Please refer to Docket ID NRC-2023-0xxx when contacting the NR C
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-2022-0205. 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 INF ORMATION
CONTACT section of this document.
- NRCs Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the ADAM S Public
Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select Begin Web-based ADAMS Search. For problems wit h ADAMS, please
contact the NRCs Public Document Room (PDR) reference staff at 1-800-397-4209,
301-415-4737, or by e-mail to PDR.Resource@nrc.gov.
- NRCs PDR: You may examine and purchase copies of public documents, by
appointment, at the NRCs PDR, Room P1 B35, One White Flint Nor th, 11555 Rockville
Pike, Rockville, Maryland 20852. To make an appointment to visi t the PDR, please send
an email to PDR.Resource@nrc.gov or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. eastern time, Monday through Friday, ex cept Federal holidays.
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:
I. Discussion
The mission of the NRC is to license and regulate the Nations civilian use of
byproduct, source, and special nuclear material to ensure adequ ate protection of public
health and safety, promote the common defense and security, and protect the
environment. The NRC supports this mission through its use of i ts Enforcement Policy
2 (Policy). Adequate protection is presumptively assured by compl iance with the NRCs
regulations, and the Policy contains the basic procedures used to assess and disposition
apparent violations of the NRCs requirements.
The NRC initially published the Policy in the Federal Register on October 7, 1980
(45 FR 66754). Since its initial publication, the Policy has be en revised on a number of
occasions to address changing requirements and lessons learned. The most recent
Policy revision is dated January 13, 2023. That revision incorp orated changes the
monetary amounts listed in Section 8.0, Table of Base Civil Pe nalties. This revision
meets the requirements of the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015 Improvements Act), which req uires Federal
agencies to adjust their civil monetary penalties annually for inflation no later than
January 15 of each year.
This current revision to the Policy is a staff initiative to in corporate lessons
learned along with miscellaneous clarifications and additions. These revisions include
clarifying and relocating the current Policy on lost or missing sources to a new separate
section; removing the significance determination process qualit ative color descriptions;
revising guidance on miscellaneous actions involving individual s; adding a new section
for independent spent fuel storage installations; revising seve ral severity level violation
examples, including examples for import/export activities, lice nsed reactor operators,
materials operations, and fuel cycle operations; and sunsetting Interim Enforcement
Policy 9.2, Enforcement Discretion for Permanent Implant Brach ytherapy Medical Event
Reporting (10 CFR 35.3045), for permanent implant brachytherap y medical reporting
requirements.
The NRC provided an opportunity for the public to comment on th ese Policy
revisions in a document published in the Federal Register on December 3, 2020,
(85 FR 78046). The NRC received multiple comments from Enercon Talisman, the
3 Nuclear Energy Institute, and Louisiana Energy Services, LLC. T hese comments and the
disposition of them are included in enclosure 1. The revision t o the Policy and
enclosures is available in ADAMS under Accession Numbers:
Memo: ML22318A123
Enclosure 1: ML22318A130
Enclosure 2: ML22318A132
Enclosure 3: ML22318A138
Enclosure 4: ML23038A220
II. Paperwork Reduction Act Statement
This policy statement does not contain any new or amended colle ction of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq).
Existing collections of informat ion 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 require d 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 Ac t (5 U.S.C. 801-
808). However, the Office of Management and Budget has determin ed that it is not a
4 major rule as defined by the Congressional Review Act.
Dated:Month,day,year
FortheNuclearR egulatory Commission.
DanielH.Dorman, Executive Director for Operations.
5