96-31220. Policy and Procedure for Enforcement Actions; Radiation Protection Programs

[Federal Register Volume 61, Number 238 (Tuesday, December 10, 1996)]
[Notices]
[Pages 65128-65129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-31220]



Federal Register / Vol. 61, No. 238 / Tuesday, December 10, 1996 / 
Notices

[[Page 65128]]



NUCLEAR REGULATORY COMMISSION

[NUREG-1600]


Policy and Procedure for Enforcement Actions; Radiation 
Protection Programs

AGENCY: Nuclear Regulatory Commission.

ACTION: Policy statement: amendment.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending its 
``General Statement of Policy and Procedure for NRC Enforcement 
Actions'' to add an example for categorizing the significance of 
failure to report an exceedance of the dose constraint established in 
10 CFR 20.1101(d), or failure to take corrective action for such an 
exceedance. By a separate action published in this issue of the Federal 
Register, the Commission has issued a final rule amending 10 CFR Part 
20 to add Sec. 20.1101(d), which establishes the requirements for 
reporting and taking corrective action. This modification to the 
Enforcement Policy reflects that amendment.

DATES: This action is effective on the day that the addition of 
Sec. 20.1101(d) to 10 CFR Part 20 becomes effective. Comments are due 
on or before January 9, 1997.

ADDRESSES: Send written comments to: The Secretary of the Commission, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555. ATTN: 
Docketing and Service Branch. Hand deliver comments to: 11555 Rockville 
Pike, Rockville, Maryland, between 7:45 am and 4:15 pm, Federal 
workdays. Copies of comments received may be examined at the NRC Public 
Document Room, 2120 L Street, NW (Lower Level), Washington, DC. For 
information on submitting comments electronically, see the discussion 
under Electronic Access in the Supplementary Information Section.

FOR FURTHER INFORMATION CONTACT: James Lieberman, Director, Office of 
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555 
[phone].

SUPPLEMENTARY INFORMATION: The Commission's ``General Statement of 
Policy and Procedure for NRC Enforcement Actions'' (Enforcement Policy 
or Policy) was first issued on September 4, 1980. Since that time, the 
Enforcement Policy has been revised on a number of occasions. On June 
30, 1995 (60 FR 34381), the Enforcement Policy was revised in its 
entirety and was also published as NUREG-1600. The Policy recognizes 
that violations have differing degrees of safety significance. As 
reflected in the severity levels, safety significance includes actual 
safety consequence, potential safety consequence, and regulatory 
significance.
    The rulemaking to add Sec. 20.1101(d) establishes a dose constraint 
for radiation dose to members of the public from air emissions of 
radionuclides from NRC licensed facilities other than power reactors. 
As noted in the Statements of Consideration for that rulemaking, the 
dose constraint is not a dose limit, but is a limit in the sense that 
exceedance triggers requirements to make a report to NRC and promptly 
take corrective action to ensure against a recurrence. Consistent with 
this rulemaking, the Commission has determined that a failure to make 
the required report or promptly take corrective action as required 
should be categorized at Severity Level IV. As defined in the 
Enforcement Policy, Severity Level IV violations are of less than 
significant regulatory concern but more than minor concern; i.e., if 
left uncorrected, they could lead to a more serious concern.
    Therefore, ``Supplement IV--Health Physics (10 CFR Part 20)'' of 
the Policy is being modified. Example D.8. is renumbered as Example 
D.9., and a new Example D.8. is added to provide an example of a 
violation categorized at Severity Level IV involving failure to report 
an exceedance of the dose constraint established in Sec. 20.1101(d), or 
failure to take corrective action for an exceedance.

Electronic Access

    Comments may be submitted electronically in either ASCII text or 
WordPerfect format (version 5.1 or later) by calling the NRC Electronic 
Bulletin Board (BBS) on FedWorld. The bulletin board may be accessed 
using a personal computer, a modem, and one of the commonly available 
communications software packages, or directly via Internet. Background 
documents on the related rulemaking also are available, as practical, 
for downloading and viewing on the bulletin board.
    If using a personal computer and modem, the NRC rulemaking 
subsystem on FedWorld can be accessed directly by dialing the toll free 
number 800-303-9672. Communication software parameters should be set as 
follows: parity to none, data bits to 8, and stop bits to 1 (N,8,1). 
Using ANSI or VT-100 terminal emulation, the NRC rulemaking subsystem 
can then be accessed by selecting the ``Rules Menu'' option from the 
``NRC Main Menu.'' Users will find the ``FedWorld Online User's 
Guides'' particularly helpful. Many NRC subsystems and data bases also 
have a ``Help/Information Center'' option that is tailored to the 
particular subsystem.
    The NRC subsystem on FedWorld also can be accessed by a direct-dial 
telephone number for the main FedWorld BBS, 703-321-3339, or by using 
Telnet via Internet: fedworld.gov. If using 703-321-3339 to contact 
FedWorld, the NRC subsystem will be accessed from the main FedWorld 
menu by selecting the ``Regulatory, Government Administration and State 
Systems,'' then selecting ``Regulatory Information Mall.'' At that 
point, a menu will be displayed that has an option ``U.S. Nuclear 
Regulatory Commission'' that will take the user to the NRC online main 
menu. The NRC online area also can be accessed directly by typing ``/go 
nrc'' at a FedWorld command line. If NRC is accessed from FedWorld's 
main menu, the user may return to FedWorld by selecting the ``Return to 
FedWorld'' option from the NRC online main menu. However, if NRC is 
accessed at FedWorld by using NRC's toll-free number, the user will 
have full access to all NRC systems, but will not have access to the 
main FedWorld system.
    If FedWorld is contacted using Telnet, the user will see the NRC 
area and menus, including the Rules Menu. Although the user will be 
able to download documents and leave messages, he or she will not be 
able to write comments or upload files (comments). If FedWorld is 
contacted using FTP, all files can be accessed and downloaded, but 
uploads are not allowed. Only a list of files will be shown without 
descriptions (normal Gopher look). An index file listing all files 
within a subdirectory, with descriptions, is available. There is a 15-
minute time limit for FTP access.
    Although FedWorld also can be accessed through the World Wide Web, 
like FTP, that mode only provides access for downloading files and does 
not display the NRC Rules Menu.
    For more information on NRC bulletin boards, call Mr. Arthur Davis, 
Systems Integration and Development Branch, NRC, Washington, DC 20555-
0001, telephone [phone]; E-mail [e-mail].

Paperwork Reduction Act Statement

    This policy statement does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). Existing requirements were approved by the 
Office of Management and Budget,

[[Page 65129]]

approval number 3150-0011. The approved information collection 
requirements contained in this policy statement appear in Section 
VII.C.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid OMB control number.

Small Business Regulatory Enforcement Fairness Act

    In accordance with the Small Business Regulatory Enforcement 
Fairness Act of 1996, the NRC has determined that this action is not a 
major rule and has verified this determination with the Office of 
Information and Regulatory Affairs, Office of Management and Budget.
    Accordingly, the NRC Enforcement Policy is amended as follows:
General Statement of Policy and Procedure for NRC Enforcement Actions
    In Supplement IV, paragraph D(8) is renumbered as paragraph D(9) 
and a new paragraph D(8) is added to read as follows:

Supplement IV--Health Physics (10 CFR Part 20)

    D. Severity Level IV--Violations involving for example:
* * * * *
    8. A failure to report an exceedance of the dose constraint 
established in 10 CFR 20.1101(d) or a failure to take corrective action 
for an exceedance, as required by 10 CFR 20.1101(d); or
    9. Any other matter that has more than a minor safety, health, or 
environmental significance.
* * * * *
    Dated at Rockville, Maryland, this 3rd day of December 1996.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 96-31220 Filed 12-9-96; 8:45 am]
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