[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





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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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