[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Notices]
[Pages 76192-76193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-31315]


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NUCLEAR REGULATORY COMMISSION

[NRC-2011-0273]


NRC Enforcement Policy

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed enforcement policy revision; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting 
comments from interested parties, including public interest groups, 
States, members of the public, and the regulated industry (i.e., 
reactor, fuel cycle, and materials licensees, vendors, and 
contractors), on proposed revisions to the NRC's Enforcement Policy 
(the Policy) and the effectiveness of the September 30, 2010 (75 FR 
60485), revisions to the Policy. The intent of this request for comment 
is to assist the NRC in revising its Enforcement Policy.

DATES: Submit comments by January 5, 2012. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to assure consideration only for comments received on or before 
this date.

ADDRESSES: Please include Docket ID NRC-2011-0273 in the subject line 
of your comments. For additional instructions on submitting comments 
and instructions on accessing documents related to this action, see 
``Submitting Comments and Accessing Information'' in the SUPPLEMENTARY 
INFORMATION section of this document. You may submit comments by any 
one of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0273. Address questions about NRC dockets to Carol Gallagher, 
telephone: (301) 492-3668; email: [email protected].
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Fax comments to: RADB at (301) 492-3446.

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

SUPPLEMENTARY INFORMATION: 

I. Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal rulemaking Web site, http://www.regulations.gov. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed.
    You can access publicly available documents related to this action 
using the following methods:
     NRC's Public Document Room (PDR): The public may examine 
and have copied, for a fee, publicly available documents at the NRC's 
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, 
which provides text and image files of the NRC's public documents. If 
you do not have access to ADAMS or if there are problems in accessing 
the documents located in ADAMS, contact the NRC's PDR reference staff 
at 1-(800) 397-4209, (301) 415-4737, or by email to 
[email protected]. The Enforcement Policy is accessible under ADAMS 
Accession No. ML093480037. The proposed revisions to the Enforcement 
Policy discussed in this notice are available under ADAMS Accession 
Number ML11259A100.
     Federal Rulemaking Web Site: Public comments and 
supporting materials related to this proposed rule can be found at 
http://www.regulations.gov by searching on Docket ID NRC-2011-0273.
    The NRC maintains the Enforcement Policy on its Web site at http://www.nrc.gov/about-nrc/regulatory/enforcement/current.html.

II. Background

    The purpose of this document is twofold: (1) To solicit comments on 
the effectiveness of the September 30, 2010, revision to the 
Enforcement Policy; and (2) to solicit comments on specific proposed 
changes to the next revision to the Policy.
    On December 30, 2009, in SECY-09-0190 (ADAMS Accession Number 
ML093200520), the staff submitted to the Commission a proposed major 
revision of the Enforcement Policy. In SECY-09-0190 the staff committed 
to provide an opportunity for public comments on the revision after it 
had been in effect for about 18 months. On August 27, 2010, in SRM-
SECY-09-0190 (ADAMS Accession Number ML102390327), the Commission 
approved the revised Policy and directed the NRC staff to evaluate 
certain items for inclusion in the next proposed revision to the 
Policy. On September 30, 2010, the NRC published the revised Policy in 
the Federal Register. The revised Policy has been in use for 
approximately one year and the staff is now soliciting comments on the 
effectiveness of the changes reflected in the September 30, 2010, 
revision.
    In addition to the direction given to the staff in SRM-SECY-09-
0190, the staff is evaluating other Policy changes that it may present 
to the Commission for approval and inclusion in the next Policy 
revision.
    The staff previously solicited comments on other SRM-SECY-09-0190 
items in documents published in the Federal Register on August 9, 2011 
(76 FR 48919), and September 6, 2011 (76 FR 54986). It was the NRC 
staff's intent that this document and the

[[Page 76193]]

August 9, 2011, and September 6, 2011, documents would each address 
different proposed changes to the Enforcement Policy. However, the 
staff acknowledges that there may be some overlap between the subject 
matter of the three documents. Therefore, interested parties who 
provided comments on the August 9, 2011, and September 6, 2011, 
documents may desire to revise their previous comments if they believe 
those comments are affected by the proposed revisions covered by this 
document. Any interested party desiring to revise their previous 
comments should do so within the comment period stated in the DATES 
section of this document.

III. Procedural Requirements

Paperwork Reduction Act Statement

    This policy statement contains 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 number 3150-0136.

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.

    Dated at Rockville, MD, this 29th day of November 2011.

    For the Nuclear Regulatory Commission.
Roy P. Zimmerman,
Director, Office of Enforcement.
[FR Doc. 2011-31315 Filed 12-5-11; 8:45 am]
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