Policy and Procedure for Enforcement Actions; Radiation Protection Programs

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

(301) 415-2741.

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 301-415-5780; E-mail AXD[email protected].

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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