[Federal Register Volume 60, Number 126 (Friday, June 30, 1995)]
[Rules and Regulations]
[Page 34380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15951]
[[Page 34379]]
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Part III
Nuclear Regulatory Commission
_______________________________________________________________________
10 CFR Part 2
Enforcement Actions Policy and Procedure: Final Rule and Notice
Federal Register / Vol. 60, No. 126 / Friday, June 30, 1995 / Rules
and Regulations
[[Page 34380]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 2
Policy and Procedure for Enforcement Actions; Removal
AGENCY: Nuclear Regulatory Commission.
ACTION: Policy statement.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is removing its
General Statement of Policy and Procedure for Enforcement Actions
(Enforcement Policy) from the Code of Federal Regulations because the
Enforcement Policy is not a regulation.
DATES: This action is effective on June 30, 1995.
Submit comments on or before August 14, 1995. Comments received
after this date will be considered if it is practical to do so but the
Commission is able to assure consideration only for comments received
on or before this date.
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 FURTHER INFORMATION CONTACT: James Lieberman, Director, Office of
Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555
(301) 415-2741.
SUPPLEMENTARY INFORMATION: On May 13, 1994, the NRC's Executive
Director for Operations established a review team to assess the NRC
enforcement program. The review team report, NUREG-1525, \1\
``Assessment of the NRC Enforcement Program,'' was published in April
1995. The team report, in Recommendation II. G-3, recommended that the
Enforcement Policy be removed from the Code of Federal Regulations
(CFR) because the Enforcement Policy is not a regulation.
\1\ Copies of NUREG-1525 may be purchased from the
Superintendent of Documents, U.S. Government Printing Office, P.O.
Box 37082, Washington, DC 20013-7082. Copies are also available from
the National Technical Information Service, 5285 Port Royal Road,
Springfield, Virginia 22161. A copy is also available for inspection
and copying for a fee in the NRC Public Document Room, 2120 L
Street, NW. (Lower Level), Washington, DC 20555-0001.
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The NRC Enforcement Policy has been codified at 10 CFR Part 2,
Appendix C to provide widespread dissemination of the Commission's
Enforcement Policy. However, after the Commission first published the
Enforcement Policy on October 7, 1980 (45 FR 66754), the Commission has
maintained that the NRC Enforcement Policy is a policy statement and
not a regulation. The Commission's reason for having a policy statement
rather than a rule was explained in the Statement of Considerations
that accompanied the publication of the 1982 Enforcement Policy. The
Commission stated then:
An underlying basis of this policy that is reflected throughout
it is that the determination of the appropriate sanction requires
the exercise of discretion such that each enforcement action is
tailored to the particular factual situation. In view of the
discretion provided, the enforcement policy is being adopted as a
statement of general policy rather than as a regulation,
notwithstanding that the statement has been promulgated with notice
and comment procedures. A general statement of policy will permit
the Commission maximum flexibility in revising the policy statement
and it is expected that the statement, especially the supplement,
will be revised as necessary to reflect changes in policy and
direction of the Commission (47 FR 9989; March 9, 1992).
For the same reasons, the Commission continues to hold the view
that the Enforcement Policy is a policy statement. However, at least
one court, in considering whether an enforcement policy was a policy
statement or a regulation, noted that if the policy were published in
the CFR, it would be properly treated as a regulation because the CFR
is reserved for documents ``having general applicability and legal
effect.'' (Brock v. Cathedral Bluffs Shale Oil Co., 796 F.2d 533, 539
(D.C. Cir. 1986) citing 44 U.S.C. 1510 (1982)).
Therefore, because the Enforcement Policy is not a regulation, the
Commission is removing it from the Code of Federal Regulations.
Revisions of the Enforcement Policy will continue to be published in
the Federal Register.
To ensure widespread dissemination, the Enforcement Policy will be
provided to licensees, made available on an electronic bulletin board,
and published as NUREG-1600, ``General Statement of Policy and
Procedure for NRC Enforcement Actions.''
Paperwork Reduction Act Statement
This policy statement contains no information collection
requirements and, therefore, is not subject to the Paperwork Reduction
Act of 1980 (44 U.S.C. 3501 et seq.).
List of Subjects in 10 CFR Part 2
Administrative practice and procedure, Antitrust, Byproduct
material, Classified information, Environmental protection, Nuclear
materials, Nuclear power plants and reactors, Penalties, Sex
discrimination, Source material, Special nuclear material, Waste
treatment and disposal.
PART 2--RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND
ISSUANCE OF ORDERS
1. The authority citation for part 2 continues to read, in part, as
follows:
Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42
U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat.
409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C.
5841)* * *.
Appendix C to Part 2 [Removed]
2. Appendix C to Part 2 is removed.
Dated at Rockville, MD, this 23rd day of June, 1995.
For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 95-15951 Filed 6-29-95; 8:45 am]
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