[Federal Register Volume 72, Number 219 (Wednesday, November 14, 2007)]
[Rules and Regulations]
[Pages 63969-63975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-22190]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 30, 40, 50, 52, 60, 61, 63, 70, 71, 72, and 76

RIN 3150-AH59


Clarification of NRC Civil Penalty Authority Over Contractors and 
Subcontractors Who Discriminate Against Employees for Engaging in 
Protected Activities

AGENCY: Nuclear Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC or Commission) is 
amending its employee protection regulations to clarify the 
Commission's authority to impose a civil penalty upon a non-licensee 
contractor or subcontractor of a Commission licensee, or applicant for 
a Commission license who violates the NRC's regulations by 
discriminating against employees for engaging in protected activity. 
The NRC is also amending its employee protection regulations related to 
the operation of Gaseous Diffusion Plants to conform with the NRC's 
other employee protection regulations and to allow the NRC to impose a 
civil penalty on the United States Enrichment Corporation (USEC or 
Corporation), as well as a contractor or subcontractor of USEC.

DATES: Effective Date: The effective date of this final rule is 
December 14, 2007.

FOR FURTHER INFORMATION CONTACT: Doug Starkey, Office of Enforcement, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
Telephone (301) 415-3456; e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Commission's employee protection regulations in 10 CFR 30.7, 
40.7, 50.7, 52.5,\1\ 60.9, 61.9, 63.9, 70.7, 71.9, 72.10, and 76.7 
prohibit discrimination by a Commission licensee, applicant for a 
Commission license, a holder of or applicant for a certificate of 
compliance (CoC) or the Corporation, or contractor or subcontractor of 
these entities, against employees for engaging in certain protected 
activities. These regulations identify certain enforcement actions for 
violations of the requirements. The enforcement actions are denial, 
revocation, or suspension of the license or certificate; imposition of 
a civil penalty on the licensee or applicant; or other enforcement 
action. While the employee protection regulations prohibit 
discrimination by a contractor or subcontractor, they do not explicitly 
provide for imposition of a civil penalty on a contractor or 
subcontractor.
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    \1\ This final rule amends 10 CFR 52.5(c) to conform with the 
other employee protection regulations regarding civil penalties to 
contractors and subcontractors. 10 CFR 52.5(c) was not included in 
the proposed rule submitted to the Commission in SECY-05-0212 
because, at that time, 10 CFR Part 52 did not contain employee 
protection provisions. 10 CFR Part 52 has since been amended (72 FR 
49352, in part, to include a new section, 10 CFR 52.5, Employee 
protection.
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    On January 16, 1998, the NRC issued an enforcement action against 
Five Star Products, Inc., and Construction Products Research, Inc., 
contractors to the nuclear industry, for discriminating against one of 
its employees. Following this enforcement action, the NRC considered 
modifications to the NRC's employee protection regulations that would 
clearly allow the NRC, within the limits of its jurisdiction, to impose 
civil penalties on non-licensees for discriminating against employees 
who have engaged in protected activities. At the time that NRC took the 
enforcement action against Five Star Products, Inc., and Construction 
Products Research, Inc., the NRC was engaged in litigation with another 
non-licensee, Thermal Science, Inc., that included an issue concerning 
the scope of the Commission's civil penalty authority over non-
licensees. Consequently, the NRC deferred modifying the NRC's employee 
protection regulations pending resolution of action in Thermal Science, 
Inc., v. NRC (Case No. 4:96CV02281-CAS). That case was subsequently 
settled.
    On April 14, 2000, the NRC Executive Director for Operations (EDO) 
approved the establishment of a Discrimination Task Group (DTG) to, 
among other things, evaluate the NRC's handling of matters covered by 
its employee protection regulations. During this review, the DTG held 
12 public meetings and provided the public with an opportunity to 
comment on its draft report. Among other recommendations, the DTG 
recommended in its report, ``Policy Options and Recommendations for 
Revising the NRC's Process for Handling Discrimination Issues,'' dated 
April 2002, that rulemaking be initiated to allow the NRC to impose 
civil penalties on contractors working for NRC licensees. The DTG 
received public comments both in favor of, and opposed to, the 
recommendation that NRC conduct a rulemaking to allow the imposition of 
civil penalties against contractors for violating the NRC's employee 
protection requirements.
    The DTG's report was forwarded to the Commission as an attachment 
to SECY-02-0166, ``Policy Options and Recommendations for Revising the 
NRC's Process for Handling Discrimination Issues,'' dated September 12, 
2002. On March 26, 2003, the Commission issued a Staff Requirements 
Memorandum (SRM) on SECY-02-0166, approving the recommendations of the 
DTG as revised by the Senior Management Review Team, subject to certain 
comments. The Senior Management Review Team was appointed by the EDO to 
review the final recommendations of the DTG and provide any additional 
perspectives that could enhance the potential options. The Commission 
approved, without comment, the DTG rulemaking recommendation regarding 
civil penalties against contractors.
    The NRC staff submitted a proposed rule to amend the employee 
protection regulations to exercise NRC's authority to impose civil 
penalties against contractors and subcontractors to the Commission on 
November 17, 2005

[[Page 63970]]

(SECY-05-0212). In SRM-SECY-05-0212, dated December 21, 2005, the 
Commission approved the staff's recommendation to publish the proposed 
rule, with certain changes directed by the Commission. The proposed 
rule was published in the Federal Register on January 31, 2006 (71 FR 
5015). Public comment was requested on the proposed amendments as well 
as on the draft environmental assessment and regulatory analysis that 
had been prepared on the proposed rule. The final rule does not differ 
from the recommendations in the proposed rule.

Discussion

    The amendments allow the Commission to impose civil penalties on 
contractors or subcontractors for violations of Commission employee 
protection requirements. The rule represents a significant change in 
Commission policy in that, currently, a licensee can receive a civil 
penalty for the discriminatory activities of its contractor or 
subcontractor, while the contractor or subcontractor is not subject to 
civil penalty enforcement action. The amendments clarify the NRC's 
authority to impose a civil penalty directly on contractors or 
subcontractors who violate the NRC's employee protection regulations. 
This authority derives from Section 234 of the Atomic Energy Act, which 
provides that the Commission may impose civil penalties on any person 
who violates any rule, regulation, or order issued under any of the 
enumerated provisions of the Act, or any term, condition, or limitation 
of any license or certification issued under the Act, or who commits a 
violation for which a license may be revoked. Section 11s of the Atomic 
Energy Act broadly defines the term ``person'' to include any 
individual, corporation, partnership, firm, association, trust, estate, 
public or private institution group, Government agency other than the 
Commission, any State or any political subdivision of, or any political 
entity within a State, any foreign government or nation or any 
political subdivision of any such government or nation, or other 
entity; and any legal successor, representative, agent, or agency of 
the foregoing.
    In 1991, the Commission amended its regulations to allow it to take 
enforcement action against unlicensed persons for deliberate misconduct 
(56 FR 40664; August 15, 1991). In so doing, the Commission emphasized 
that ``any person'' as defined in the Atomic Energy Act necessarily 
encompasses non-licensees, in order to effectuate the purposes of the 
Act as it applies to licensees. In that rulemaking, the Commission also 
noted that it may be able to exercise its Section 234 authority to 
impose civil penalties on unlicensed persons who deliberately cause a 
licensee to be in violation of requirements.
    In 1998, the NRC issued a Severity Level I Notice of Violation 
without a civil penalty to Five Star Products, Inc. and Construction 
Products Research, Inc. in response to their discrimination against a 
former employee who raised safety concerns. Five Star Products, Inc. 
and Construction Products Research, Inc. were not licensees, but 
supplied safety-related basic components and services associated with 
those basic components to the nuclear industry at the time of the 
discrimination.\2\
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    \2\ In an earlier case, CLI-93-23, 38 NRC 169, 178-84 (1993), 
the Commission held that Five Star Products is a ``contractor'' and 
Construction Products Research, Inc., is a ``subcontractor'' within 
the meaning of Section 211 of the Energy Reorganization Act of 1974, 
as amended, and 10 CFR 50.7.
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    It is important that contractors and subcontractors abide by the 
Commission's employee protection regulations to effectuate the purposes 
of the Act because the activities of contractors and subcontractors can 
clearly affect the safe operation of a licensee's facility. These 
amendments allow the Commission to impose civil penalties on any non-
licensee employer that discriminates against an employee for engaging 
in protected activity, if that employer is a contractor or 
subcontractor of a licensee or the Corporation at the time that the 
employee engaged in the protected activity that resulted in 
discrimination. These amendments will serve the dual objectives of 
deterring contractors and subcontractors from violating NRC's employee 
protection regulations and allowing employees to raise regulatory and 
safety concerns without fear of retaliation. Both of these objectives 
are critical to the nuclear industry's ability to carry out licensed 
activities safely.
    However, the Commission emphasizes that the amendments do not 
affect its ability to impose civil penalties against licensees or 
applicants for discrimination, nor do they diminish the focus on 
licensee responsibility in the investigative and enforcement process. 
The Commission has long held licensees to be responsible for 
maintaining control and oversight of contractor and subcontractor 
activities. The modifications to the employee protection regulations do 
not indicate a change in Commission policy in this regard, nor do they 
diminish the ability of the NRC to impose civil penalties against 
licensees. There may be instances when the Commission may wish to issue 
civil penalties to the responsible contractor or subcontractor, or 
both, and the licensee. The Commission is maintaining its policy of 
emphasizing licensee responsibilities for the actions of their 
contractors and subcontractors. The Commission believes that these 
amendments are necessary and will offer additional enhancements to the 
regulatory process by allowing the Commission to exercise its authority 
to impose a significant enforcement action (i.e., civil penalty) 
directly on contractors or subcontractors who violate the NRC's 
employee protection regulations.
    The NRC is not amending 10 CFR 71.9 and 72.10 to provide for 
imposing a civil penalty against a holder or applicant for a CoC, or 
contractor or subcontractor of a holder or applicant for a CoC. 
However, if a holder of, or applicant for, a CoC is also a contractor 
or subcontractor of a licensee or applicant for a license, then a civil 
penalty could be imposed on the holder of, or applicant for, a CoC in 
its capacity as a contractor or subcontractor.
    In addition, in drafting the proposed rule, the NRC identified that 
10 CFR 76.7 does not specify the availability of civil penalties as an 
enforcement action. The Supplementary Information that accompanied the 
promulgation of 10 CFR 76.7 does not indicate that this omission was 
intentional.\3\ Therefore, the NRC is amending 10 CFR 76.7 to bring it 
into conformance with the provisions of the other NRC's employee 
protection regulations by providing that the Commission may impose a 
civil penalty on the Corporation or a contractor or subcontractor of 
the Corporation.
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    \3\ The Supplementary Information states that part 76 is based 
upon comparable requirements; in particular, 10 CFR part 70, as 
modified for the certification process. There is no indication that 
the omission of civil penalties was intended as such a modification 
(59 FR 48944; September 23, 1994).
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    The NRC has also revised the authority citations to correctly 
reflect current statutory authority.

Comment Analysis

    The period for submitting comments on the proposed rule, draft 
environmental assessment, or regulatory analysis expired on April 17, 
2006. The NRC received an e-mail from a private citizen and one letter 
from Project on Government Oversight (POGO). In general, the comments 
were supportive of the proposed rule. A summary of the issues raised by 
the commenters, followed by the NRC's responses to the comments, is 
provided below.

[[Page 63971]]

    Comment summary. A commenter stated that it should be a rare 
exception and require Commission consultation before the NRC staff 
issues an enforcement action against a contractor without taking some 
enforcement action against the licensee. The commenter added that the 
Statement of Considerations in the final rulemaking should include a 
statement that consultation with the Commission will be required if the 
NRC staff issues enforcement action against a contractor without taking 
enforcement action against the licensee.
    Response. The NRC agrees that enforcement action will generally 
continue to be taken against a licensee for the discriminatory actions 
of its contractors or subcontractors. The modifications to the employee 
protection regulations added in this rulemaking do not indicate a 
change in Commission policy in this regard or diminish the ability of 
the NRC to impose civil penalties against licensees or applicants for 
discrimination, nor do they diminish the focus on licensee 
responsibility in the investigative and enforcement process.
    The NRC does not believe it is necessary to require Commission 
consultation should the staff proceed with an enforcement action 
against a contractor or subcontractor but not the licensee. Instead, 
the NRC believes that the decision about whether to take enforcement 
action against a contractor without taking some enforcement action 
against the licensee should be determined after reviewing the 
circumstances surrounding the discrimination on a case-by-case basis 
using the guidance in the Enforcement Policy and NRC Enforcement 
Manual. Although the staff will not automatically seek Commission 
consultation in these circumstances, the Enforcement Policy currently 
provides that the Commission will be provided written notification of 
all enforcement actions involving civil penalties, and that the 
Commission will be consulted on any proposed enforcement action on 
which the Commission requests consultation.
    Comment summary. One commenter stated that the proposed rule should 
apply to all licensees, applicants, contractors and subcontractors, 
including a holder or applicant for a Certificate of Compliance (CoC) 
under 10 CFR 71.9 and 72.10.
    Response. The NRC is not amending 10 CFR 71.9 or 72.10 in this 
rulemaking to provide for imposing a civil penalty against a holder or 
applicant for a CoC. However, the Commission, in SRM-SECY-05-0212, 
``Proposed Rulemaking--Clarification of the NRC Civil Penalty Authority 
Over Contractors and Subcontractors Who Discriminate Against Employees 
for Engaging in Protected Activities,'' directed the NRC staff 
(although as a low priority) to draft appropriate legislative language 
to be provided in any future legislative request to Congress for the 
extension of this rulemaking to cover those excluded certificate 
holders.
    Comment summary. One commenter recommended that the proposed 
amendments to 10 CFR 30.7, 40.7, 61.9, 70.7, and 71.9 be categorized at 
the Agreement State Compatibility Category C designation (meets the 
essential objectives of NRC employee protection requirements) instead 
of as Agreement State Compatibility Category D (does not need to be 
adopted by Agreement States), as was proposed. In addition, this 
comment stated that the NRC should issue a policy statement to 
Agreement States detailing the obligations under Category C.
    Response. The Commission in SRM-SECY-99-002, dated March 12, 1999, 
disapproved the staff's plans to designate 10 CFR 19.20, 30.7, 40.7, 
61.9, and 70.7 as compatibility Category C for Agreement States. 
However, the Commission provided direction to the staff that its 
decision could be revisited if the staff believed at some time in the 
future that there was a regulatory performance gap that put Agreement 
State licensee employees at a higher risk than NRC licensee employees 
as a result of the present compatibility category. The NRC staff is 
currently reevaluating, under an initiative separate from this 
rulemaking, the effects of the Category D designation on Agreement 
State employees. Upon completion of that evaluation, the staff will 
determine whether additional actions are necessary regarding Agreement 
State employee protection compatibility categories. That evaluation and 
any subsequent staff recommendations to the Commission regarding 
compatibility categories are separate from this rulemaking and will not 
be included in this rulemaking. Therefore, the current compatibility 
Category D designation has not been changed in this final rule.

Section-by-Section Analysis of Substantive Changes

    Sections 30.7, 40.7, 50.7, 52.5, 60.9, 61.9, 63.9, and 70.7, are 
amended to provide that, in addition to imposing a civil penalty 
against a Commission licensee or applicant for a Commission license, 
the Commission may impose a civil penalty against a contractor or 
subcontractor of either of these entities for discriminating against an 
employee for engaging in protected activity.
    Section 71.9 is amended to provide that, in addition to imposing a 
civil penalty against a Commission licensee, or applicant, the 
Commission may impose a civil penalty against a contractor or 
subcontractor of these entities for discriminating against an employee 
for engaging in protected activity.
    Section 72.10 is amended to provide that, in addition to imposing a 
civil penalty against a Commission licensee or applicant, the 
Commission may impose a civil penalty against a contractor or 
subcontractor of the licensee, or applicant.
    Section 76.7 is amended to provide that the Commission may impose a 
civil penalty on the Corporation or contractor or subcontractor of the 
Corporation.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' which became effective on September 3, 1997 
(62 FR 46517), NRC program elements (including regulations) are placed 
into Compatibility Categories A, B, C, D, NRC or category Health and 
Safety (H&S). Category A includes program elements that are basic 
radiation protection standards or related definitions, signs, labels or 
terms necessary for a common understanding of radiation protection 
principles and should be essentially identical to those of the NRC. 
Category B includes program elements that have significant direct 
transboundary implications and should be essentially identical to those 
of the NRC. Compatibility Category C are those program elements that do 
not meet the criteria of Category A or B, but the essential objectives 
of which an Agreement State should adopt to avoid conflict, 
duplication, gaps, or other conditions that would jeopardize an orderly 
pattern in the regulation of agreement material on a nationwide basis. 
Compatibility Category D are those program elements that do not meet 
any of the criteria of Category A, B, or C, and do not need to be 
adopted by Agreement States. Compatibility Category NRC are those 
program elements that address areas of regulation that cannot be 
relinquished to Agreement States under the Atomic Energy Act, as 
amended, or provisions of Title 10 of the Code of Federal Regulations 
and cannot be adopted by Agreement States. Category H&S are program 
elements that are not required for compatibility, but have a particular 
health and safety role in the regulation of agreement material and the 
State and

[[Page 63972]]

should contain the essential objectives of the NRC program elements.
    The revisions to 10 CFR 50.7, 52.5, 60.9, 63.9, 72.10, and 76.7 are 
not relevant to Agreement State programs because these NRC regulations 
address areas of exclusive NRC authority and are designated a 
Compatibility Category NRC. The revisions to 10 CFR 30.7, 40.7, 61.9, 
70.7, and 71.9 are categorized as Compatibility Category D, and 
therefore do not need to be adopted by Agreement States.

Availability of Documents

    The NRC is making the documents identified below available to 
interested persons through one or more of the following methods as 
indicated.
    Public Document Room (PDR). The NRC PDR is located at 11555 
Rockville Pike, Rockville, Maryland.
    Rulemaking Web site (Web). The NRC's interactive rulemaking Web 
site is located at http://ruleforum.llnl.gov. These documents may be 
viewed and downloaded electronically via this Web site.
    NRC's Agencywide Document Access and Management System (ADAMS). The 
NRC's PARS Library is located at http://www.nrc.gov/readingrm/adams.html.

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                  Document                         PDR              Web                      ADAMS
----------------------------------------------------------------------------------------------------------------
Public Comment.............................               X                X   ML060800443
56 FR 40664................................               X                X   Not Applicable
Public Comment.............................               X                X   ML060880346
Final Rule--Regulatory Analysis............               X                X   ML063110473
Final Rule--Environmental Analysis.........               X                X   ML063110454
Enforcement Policy Revision................               X                X   ML063110480
SECY-02-0166...............................               X                X   ML022120479
SRM-SECY-02-0166...........................               X                X   ML030850783
Proposed Rule FRN..........................               X                X   ML060120312
SECY-05-0212...............................               X                X   ML052910161
SRM-SECY-05-0212...........................               X                X   ML053570177
SRM-SECY-99-002............................               X                X   ML003751577
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Voluntary Consensus Standards

    The National Technology Transfer and Advancement Act of 1995, 
Public Law 104-113, requires that Federal agencies use technical 
standards that are developed or adopted by voluntary consensus 
standards bodies unless using such a standard is inconsistent with 
applicable law or is otherwise impractical. In this final rule, the NRC 
is amending its regulations to enable the Commission to impose civil 
penalties upon non-licensee contractors and subcontractors who 
discriminate against employees for engaging in certain protected 
activities. This action does not constitute the establishment of a 
standard that contains generally applicable requirements.

Finding of No Significant Environmental Impact: Availability

    The Commission has determined under the National Environmental 
Policy Act of 1969, Public Law 97-190 (42 U.S.C. 4321 et seq.), as 
amended, and the Commission's regulations in Subpart A of 10 CFR Part 
51, that this rule, is not a major Federal action significantly 
affecting the quality of the human environment; and, therefore, an 
environmental impact statement is not required. The basis for this 
determination is that this rulemaking will not significantly increase 
the probability or consequences of accidents, no changes will be made 
in the types of effluents that may be released offsite, there will be 
no significant increase in public radiation exposure, nor will there be 
a direct nor reasonably foreseeable indirect effect on the water, land, 
or air.
    The NRC requested the views of the States on the environmental 
assessment (EA). The EA, upon which the Commission's finding of no 
significant impact is based, is available for examination and copying 
at the NRC PDR, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland. No comments were received on the EA. Single copies of the 
analysis may be obtained from the Office of Enforcement, U.S. Nuclear 
Regulatory Commission, at 301-415-3456 or by e-mail at [email protected].

Paperwork Reduction Act Statement

    This final rule does not contain new or amended information 
collection requirements 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, approval numbers 3150-0017, 3150-0020, 
3150-0011, 3150-0127, 3150-0135, 3150-0199, 3150-0009, 3150-0008, 3150-
0132 and 3150-0151.

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Regulatory Analysis

    The Commission has prepared a regulatory analysis on this final 
regulation. The analysis examined the costs and benefits of the 
alternatives considered by the Commission. No comments were received on 
the regulatory analysis. The regulatory analysis is available for 
inspection in the NRC's PDR, 11555 Rockville Pike, Rockville, MD 20852. 
Single copies of the analysis may be obtained from the Office of 
Enforcement, U.S. Nuclear Regulatory Commission, at 301-415-3456 or by 
e-mail at [email protected].

Regulatory Flexibility Certification

    In accordance with the Regulatory Flexibility Act (5 U.S.C. 
605(b)), the Commission certifies that this rule does not have a 
significant economic impact on a substantial number of small entities 
based on the definition of ``small entities'' set forth in the 
Regulatory Flexibility Act or the Size Standards established by the 
Nuclear Regulatory Commission (10 CFR 2.810). The provisions only 
impact contractors or subcontractors of licensees or applicants who 
violate the NRC's regulations by discriminating against employees who 
engage in protected activities.

Backfit Analysis

    The Commission has determined that the backfit rule is not required 
for this final rule because these amendments do not include any 
provisions that would require backfits as defined in 10 CFR Chapter I.

Congressional Review Act

    Under the Congressional Review Act of 1996, the NRC has determined 
that this action is not a major rule and has

[[Page 63973]]

verified this determination with the Office of Information and 
Regulatory Affairs, Office of Management and Budget.

List of Subjects

10 CFR Part 30

    Byproduct material, Criminal penalties, Government contracts, 
Intergovernmental relations, Isotopes, Nuclear materials, Radiation 
protection, Reporting and recordkeeping requirements.

10 CFR Part 40

    Criminal penalties, Government contracts, Hazardous materials 
transportation, Nuclear materials, Reporting and recordkeeping 
requirements, Source material, Uranium.

10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Nuclear power plants and 
reactors, Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements.

10 CFR Part 52

    Administrative practice and procedure, Antitrust, Backfitting, 
Combined license, Early site permit, Emergency planning, Fees, 
Inspection, Limited work authorization, Nuclear power plants and 
reactors, Probabilistic risk assessment, Prototype, Reactor siting 
criteria, Redress of site, Reporting and recordkeeping requirements, 
Standard design, Standard design certification.

10 CFR Part 60

    Criminal penalties, High-level waste, Nuclear materials, Nuclear 
power plants and reactors, Reporting and recordkeeping requirements, 
Waste treatment and disposal.

10 CFR Part 61

    Criminal penalties, Low-level waste, Nuclear materials, Reporting 
and recordkeeping requirements, Waste treatment and disposal.

10 CFR Part 63

    Criminal penalties, High-level waste, Nuclear power plants and 
reactors, Reporting and recordkeeping requirements, Waste treatment and 
disposal.

10 CFR Part 70

    Criminal penalties, Hazardous materials transportation, Material 
control and accounting, Nuclear materials, Packaging and containers, 
Radiation protection, Reporting and recordkeeping requirements, 
Scientific equipment, Security measures, Special nuclear material.

10 CFR Part 71

    Criminal penalties, Hazardous materials transportation, Nuclear 
materials, Packaging and containers, Reporting and recordkeeping 
requirements.

10 CFR Part 72

    Administrative practice and procedure, Criminal penalties, Manpower 
training programs, Nuclear materials, Occupational safety and health, 
Penalties, Radiation protection, Reporting and recordkeeping 
requirements, Security measures, Spent fuel, Whistleblowing.

10 CFR Part 76

    Certification, Criminal penalties, Radiation protection, Reporting 
and recordkeeping requirements, Security measures, Special nuclear 
material, Uranium enrichment by gaseous diffusion.

0
For the reasons set out in the preamble and under the authority of the 
Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 
1974, as amended; and 5 U.S.C. 552 and 5 U.S.C. 553; the NRC is 
adopting the following amendments to 10 CFR Parts 30, 40, 50, 52, 60, 
61, 63, 70, 71, 72, and 76.

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF 
BYPRODUCT MATERIAL

0
1. The authority citation for part 30 continues to read as follows:

    Authority: Secs. 81, 82, 161, 182, 183, 186, 68 Stat. 935, 948, 
953, 954, 955, as amended, sec. 234, 83 Stat. 444, as amended (42 
U.S.C. 2111, 2112, 2201, 2232, 2233, 2236, 2282); secs. 201 as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Section 30.7 is also issued under Pub. L. 95-601, sec. 10, 92 
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 
(42 U.S.C. 5851). Section 30.34(b) also issued under sec. 184, 68 
Stat. 954, as amended (42 U.S.C. 2234). Section 30.61 also issued 
under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).


0
2. In Sec.  30.7, paragraph (c)(2) is revised to read as follows:


Sec.  30.7  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the licensee, applicant, or a 
contractor or subcontractor of the licensee or applicant.
* * * * *

PART 40--DOMESTIC LICENSING OF SOURCE MATERIAL

0
3. The authority citation for part 40 is revised to read as follows:

    Authority: Secs. 62, 63, 64, 65, 81, 161, 182, 183, 186, 68 
Stat. 932, 933, 935, 948, 953, 954, 955, as amended, secs. 11e(2), 
83, 84, Pub. L. 95-604, 92 Stat. 3033, as amended, 3039, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2014(e)(2), 2092, 2093, 2094, 
2095, 2111, 2113, 2114, 2201, 2232, 2233, 2236, 2282); sec. 274, 
Pub. L. 86-373, 73 Stat. 688 (42 U.S.C. 2021); secs. 201, as 
amended, 202, 206, 88 Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 
5841, 5842, 5846); sec. 275, 92 Stat. 3021, as amended by Pub. L. 
97-415, 96 Stat. 2067 (42 U.S.C. 2022); sec. 193, 104 Stat. 2835, as 
amended by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 
2243); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Section 40.7 is also issued under Pub. L. 95-601, sec. 10, 92 
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 
(42 U.S.C. 5851). Section 40.31(g) also issued under sec. 122, 68 
Stat. 939 (42 U.S.C. 2152). Section 40.46 also issued under sec. 
184, 68 Stat. 954, as amended (42 U.S.C. 2234). Section 40.71 also 
issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237).


0
4. In Sec.  40.7, paragraph (c)(2) is revised to read as follows:


Sec.  40.7  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the licensee, applicant, or a 
contractor or subcontractor of the licensee or applicant.
* * * * *

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
5. The authority citation for part 50 is revised to read as follows:

    Authority: Secs. 102, 103, 104, 105, 161, 182, 183, 186, 189, 68 
Stat. 936, 937, 938, 948, 953, 954, 955, 956, as amended, sec. 234, 
83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 
2232, 2233, 2236, 2239, 2282); secs. 201, as amended, 202, 206, 88 
Stat. 1242, as amended, 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Section 50.7 is also issued under Pub. L. 95-601, sec. 10, 92 
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 
(42 U.S.C. 5851). Section 50.10 also issued under secs. 101, 185, 68 
Stat. 955, as amended (42 U.S.C. 2131, 2235); sec. 102, Pub. L. 91-
190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.13, 50.54(dd), and 
50.103 also issued under sec. 108, 68 Stat. 939, as amended (42 
U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56

[[Page 63974]]

also issued under sec. 185, 68 Stat. 955 (42 U.S.C. 2235). Sections 
50.33a, 50.55a and appendix Q also issued under sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also 
issued under sec. 204, 88 Stat. 1245 (42 U.S.C. 5844). Sections 
50.58, 50.91, and 50.92 also issued under Pub. L. 97-415, 96 Stat. 
2073 (42 U.S.C. 2239). Section 50.78 also issued under sec. 122, 68 
Stat. 939 (42 U.S.C. 2152). Sections 50.80-50.81 also issued under 
sec. 184, 68 Stat. 954, as amended (42 U.S.C. 2234). Appendix F also 
issued under sec. 187, 68 Stat. 955 (42 U.S.C 2237).


0
6. In Sec.  50.7, paragraph (c)(2) is revised to read as follows:


Sec.  50.7  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the licensee, applicant, or a 
contractor or subcontractor of the licensee or applicant.
* * * * *

PART 52--EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND 
COMBINED LICENSES FOR NUCLEAR POWER PLANTS

0
7. The authority citation for part 52 continues to read as follows:

    Authority: Secs. 103, 104, 161, 182, 183, 186, 189, 68 Stat. 
936, 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as 
amended (42 U.S.C. 2133, 2201, 2232, 2233, 2236, 2239, 2282); secs. 
201, 202, 206, 88 Stat. 1242, 1244, 1246, as amended (42 U.S.C. 
5841, 5842, 5846).


0
8. In Sec.  52.5, paragraph (c)(3) is revised to read as follows:


Sec.  52.5  Employee protection.

* * * * *
    (c) * * *
    (3) Imposition of a civil penalty on the licensee, holder of a 
standard design approval, or applicant (including an applicant for a 
standard design certification under this part following Commission 
adoption of final design certification rule) or a contractor or 
subcontractor of the licensee, holder of a standard design approval, or 
applicant.
* * * * *

PART 60--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN GEOLOGIC 
REPOSITORIES

0
9. The authority citation for part 60 is revised to read as follows:

    Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2228, as amended (42 U.S.C. 10134, 10141), and 
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Section 60.9 is also issued under Pub. L. 95-601, sec. 10, 92 
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 
(42 U.S.C. 5851).


0
10. In Sec.  60.9, paragraph (c)(2) is revised to read as follows:


Sec.  60.9  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the licensee, applicant, or a 
contractor or subcontractor of the licensee or applicant.
* * * * *

PART 61--LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE 
WASTE

0
11. The authority citation for part 61 is revised to read as follows:

    Authority: Secs. 53, 57, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2073, 2077, 
2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 Stat. 
1244, 1246, (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 95-601, 
92 Stat. 2951 (42 U.S.C. 2021a and 5851) and Pub. L. 102-486, sec. 
2902, 106 Stat. 3123, (42 U.S.C. 5851); sec. 1704, 112 Stat. 2750 
(44 U.S.C. 3504 note).
    Section 61.9 is also issued under Pub. L. 95-601, sec. 10, 92 
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 
(42 U.S.C. 5851).


0
12. In Sec.  61.9, paragraph (c)(2) is revised to read as follows:


Sec.  61.9  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the licensee, applicant, or a 
contractor or subcontractor of the licensee or applicant.
* * * * *

PART 63--DISPOSAL OF HIGH-LEVEL RADIOACTIVE WASTES IN A GEOLOGIC 
REPOSITORY AT YUCCA MOUNTAIN, NEVADA

0
13. The authority citation for part 63 continues to read as follows:

    Authority: Secs. 51, 53, 62, 63, 65, 81, 161, 182, 183, 68 Stat. 
929, 930, 932, 933, 935, 948, 953, 954, as amended (42 U.S.C. 2071, 
2073, 2092, 2093, 2095, 2111, 2201, 2232, 2233); secs. 202, 206, 88 
Stat. 1244, 1246 (42 U.S.C. 5842, 5846); secs. 10 and 14, Pub. L. 
95-601, 92 Stat. 2951 (42 U.S.C. 2021a and 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 114, 121, Pub. L. 97-
425, 96 Stat. 2213g, 2238, as amended (42 U.S.C. 10134, 10141), and 
Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).


0
14. In Sec.  63.9, paragraph (c)(2) is revised to read as follows:


Sec.  63.9  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the licensee, applicant, or a 
contractor or subcontractor of the licensee or applicant; or
* * * * *

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
15. The authority citation for part 70 is revised to read as follows:

    Authority: Secs. 51, 53, 161, 182, 183, 68 Stat. 929, 930, 948, 
953, 954, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2201, 2232, 2233, 2282, 2297f); secs. 201, as amended, 
202, 204, 206, 88 Stat. 1242, as amended, 1244, 1245, 1246 (42 
U.S.C. 5841, 5842, 5845, 5846). Sec. 193, 104 Stat. 2835, as amended 
by Pub. L. 104-134, 110 Stat. 1321, 1321-349 (42 U.S.C. 2243); sec. 
1704, 112 Stat. 2750 (44 U.S.C. 3504 note).
    Sections 70.1(c) and 70.20a(b) also issued under secs. 135, 141, 
Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). 
Section 70.7 is also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5851). Section 70.21(g) also issued under sec. 122, 68 Stat. 
939 (42 U.S.C. 2152). Section 70.31 also issued under sec. 57d, Pub. 
L. 93-377, 88 Stat. 475 (42 U.S.C. 2077). Sections 70.36 and 70.44 
also issued under sec. 184, 68 Stat. 954, as amended (42 U.S.C. 
2234). Section 70.81 also issued under secs. 186, 187, 68 Stat. 955 
(42 U.S.C. 2236, 2237). Section 70.82 also issued under sec. 108, 68 
Stat. 939, as amended (42 U.S.C. 2138).


0
16. In Sec.  70.7, paragraph (c)(2) is revised to read as follows:


Sec.  70.7  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the licensee, applicant, or a 
contractor or subcontractor of the licensee or applicant.
* * * * *

PART 71--PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL

0
17. The authority citation for part 71 is revised to read as follows:

    Authority: Secs. 53, 57, 62, 63, 81, 161, 182, 183, 68 Stat. 
930, 932, 933, 935, 948,

[[Page 63975]]

953, 954, as amended, sec. 1701, 106 Stat. 2951, 2952, 2953 (42 
U.S.C. 2073, 2077, 2092, 2093, 2111, 2201, 2232, 2233, 2297f); secs. 
201, as amended, 202, 206, 88 Stat.1242, as amended, 1244, 1246 (42 
U.S.C. 5841, 5842, 5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 
note).
    Section 71.9 also issued under Pub. L. 95-601, sec. 10, 92 Stat. 
2951, as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 (42 
U.S.C. 5851).
    Section 71.97 also issued under sec. 301, Pub. L. 96-295, 94 
Stat. 789-790.


0
18. In Sec.  71.9, paragraph (c)(2) is revised to read as follows:


Sec.  71.9  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the licensee, applicant, or a 
contractor or subcontractor of the licensee or applicant; or
* * * * *

PART 72--LICENSING REQUIREMENTS FOR THE INDEPENDENT STORAGE OF 
SPENT NUCLEAR FUEL, HIGH-LEVEL RADIOACTIVE WASTE, AND REACTOR-
RELATED GREATER THAN CLASS C WASTE

0
19. The authority citation for part 72 continues to read as follows:

    Authority: Secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 183, 
184, 186, 187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 
954, 955, as amended; sec. 234, 83 Stat. 444, as amended (42 U.S.C. 
2071, 2073, 2077, 2092, 2093, 2095, 2099, 2111, 2201, 2232, 2233, 
2234, 2236, 2237, 2238, 2282); sec. 274, Pub. L. 86-373, 73 Stat. 
688, as amended (42 U.S.C. 2021); sec. 201, as amended; 202, 206, 88 
Stat. 1242, as amended; 1244, 1246 (42 U.S.C. 5841, 5842, 5846); 
Pub. L. 95-601, sec. 10, 92 Stat. 2951, as amended by Pub. L. 102-
485, sec. 7902, 106 Stat. 3123 (42 U.S.C. 5851); sec. 102, Pub. L. 
91-190, 83 Stat. 853 (42 U.S.C. 4332); secs. 131, 132, 133, 135, 
137, 141, Pub. L. 97-425, 96 Stat. 2229, 2230, 2232, 2241; sec. 148, 
Pub. L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10151, 10152, 10153, 
10155, 10157, 10161, 10168); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note).
    Section 72.44(g) also issued under secs. 142(b) and 148(c), (d), 
Pub. L. 100-203, 101 Stat. 1330-232, 1330-236 (42 U.S.C. 10162(b), 
10168(c), (d)). Section 72.46 also issued under sec. 189, 68 Stat. 
955 (42 U.S.C. 2239); sec. 134, Pub. L. 97-425, 96 Stat. 2230 (42 
U.S.C. 10154). Section 72.96(d) also issued under sec. 145(g), Pub. 
L. 100-203, 101 Stat. 1330-235 (42 U.S.C. 10165(g)). Subpart J also 
issued under secs. 2(2), 2(15), 2(19), 117(a), 141(h), Pub. L. 97-
425, 96 Stat. 2202, 2203, 2204, 2222, 2224 (42 U.S.C. 10101, 
10137(a), 10161(h)). Subparts K and L are also issued under sec. 
133, 98 Stat. 2230 (42 U.S.C. 10153) and sec. 218(a), 96 Stat. 2252 
(42 U.S.C. 10198).


0
20. In Sec.  72.10, paragraph (c)(2) is revised to read as follows:


Sec.  72.10  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the licensee, applicant, or a 
contractor or subcontractor of the licensee or applicant.
* * * * *

PART 76--CERTIFICATION OF GASEOUS DIFFUSION PLANTS

0
21. The authority citation for part 76 is revised to read as follows:

    Authority: Sec. 161, 68 Stat. 948, as amended, secs. 1312, 1701, 
as amended, 106 Stat. 2932, 2951, 2952, 2953, 110 Stat. 1321-349 (42 
U.S.C. 2201, 2297b-11, 2297f); secs. 201, as amended, 204, 206, 88 
Stat. 1244, 1245, 1246 (42 U.S.C. 5841, 5842, 5845, 5846). Sec. 
234(a), 83 Stat. 444, as amended by Pub. L. 104-134, 110 Stat. 1321, 
1321-349 (42 U.S.C. 2243(a)); sec. 1704, 112 Stat. 2750 (44 U.S.C. 
3504 note).
    Section 76.7 is also issued under Pub. L. 95-601, sec. 10, 92 
Stat. 2951 as amended by Pub. L. 102-486, sec. 2902, 106 Stat. 3123 
(42 U.S.C. 5851). Section 76.22 is also issued under sec.193(f), as 
amended, 104 Stat. 2835, as amended by Pub. L. 104-134, 110 Stat. 
1321, 1321-349 (42 U.S.C. 2243(f)). Section 76.35(j) also issued 
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152).


0
22. Section 76.7 is amended by revising paragraph (c)(2) and adding a 
new paragraph (c)(3) to read as follows:


Sec.  76.7  Employee protection.

* * * * *
    (c) * * *
    (2) Imposition of a civil penalty on the Corporation or a 
contractor or subcontractor of the Corporation.
    (3) Other enforcement action.
* * * * *

    Dated at Rockville, Maryland, this 7th day of November 2007.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
 [FR Doc. E7-22190 Filed 11-13-07; 8:45 am]
BILLING CODE 7590-01-P