Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62485

Southern Nuclear Operating Company, 

Inc., Docket Nos. 50–348 and 50–364, 

Joseph M. Farley Nuclear Plant, Units 1 

and 2, Houston County, Alabama 

Date of amendments request: August 

29, 2003, as supplemented by letters 

dated November 11, 2003, and May 5, 

June 10, August 5, August 25, and 

September 27, 2004. 

Brief Description of amendments: The 

amendments revised Technical 

Specifications Limiting Condition of 

Operation 3.9.3, ‘‘Containment 

Penetrations.’’ The changes allow the 

equipment hatch to be open during core 

alterations and/or during movement of 

irradiated fuel assemblies within 

containment. 

Date of issuance: September 30, 2004. 

Effective date: As of the date of 

issuance and shall be implemented 

within 30 days from the date of 

issuance. 

Amendment Nos.: 165 and 157. 

Facility Operating License Nos. NPF–

2 and NPF–8: Amendments revise the 

Technical Specifications.

Date of initial notice in Federal 

Register: November 12, 2003 (68 FR 

64137). 

The supplements dated November 11, 

2003, and May 5, June 10, August 5, 

August 25, and September 27, 2004, 

provided clarifying information that did 

not change the scope of the August 29, 

2003, application nor the initial 

proposed no significant hazards 

consideration determination. 

The Commission’s related evaluation 

of the amendments is contained in a 

Safety Evaluation dated September 30, 

2004. 

No significant hazards consideration 

comments received: No. 

Southern Nuclear Operating 

Company, Inc., Docket Nos. 50–348 and 

50–364, Joseph M. Farley Nuclear Plant, 

Units 1 and 2, Houston County, 

Alabama 

Date of amendments request: August 

25, 2004, as supplemented by letter 

dated September 27, 2004. 

Brief Description of amendments: The 

amendments address the control room 

habitability guidance of Regulatory 

Guide 1.196, ‘‘Control Room 

Habitability at Light-Water Nuclear 

Power Reactors,’’ by revising Limiting 

Condition for Operation 3.7.10, ‘‘Control 

Room Emergency Filtration/

Pressurization System (CREFS)’’ and TS 

5.5.11, ‘‘Ventilation Filter Testing 

Program. The amendments also add a 

new section, TS 5.5.18, ‘‘Control Room 

Integrity Program (CRIP).’’

Date of issuance: September 30, 2004. 

Effective date: As of the date of 

issuance and shall be implemented 

within 30 days from the date of 

issuance. 

Amendment Nos.: 166, 158. 

Facility Operating License Nos. NPF–

2 and NPF–8: Amendments revise the 

Technical Specifications. 

Date of initial notice in Federal 

Register: August 31, 2004 (69 FR 

53095). The supplement dated 

September 27, 2004, provided clarifying 

information that did not change the 

scope of the August 25, 2004, 

application nor the initial proposed no 

significant hazards consideration 

determination. 

The Commission’s related evaluation 

of the amendments is contained in a 

Safety Evaluation dated September 30, 

2004. 

No significant hazards consideration 

comments received: No. 

Union Electric Company, Docket No. 

50–483, Callaway Plant, Unit 1, 

Callaway County, Missouri

Date of application for amendment:

April 8, 2004, as supplemented by letter 

dated September 24, 2004. 

Brief description of amendment: The 

amendment revises requirements in the 

technical specifications to adopt the 

provisions of Industry/Technical 

Specification Task Force (TSTF) change 

TSTF–359, ‘‘Increase Flexibility in 

Mode Restraints.’’ The availability of 

TSTF–359 for adoption by licensees was 

announced in the Federal Register on 

April 4, 2003 (68 FR 16579). 

Date of issuance: October 8, 2004. 

Effective date: October 8, 2004, and 

shall be implemented within 90 days of 

the date of issuance. 

Amendment No.: 164. 

Facility Operating License No. NPF–

30: The amendment revised the 

Technical Specifications. 

Date of initial notice in Federal 

Register: May 11, 2004 (69 FR 26194). 

The additional information provided 

in the supplemental letter dated 

September 24, 2004, does not expand 

the scope of the application as noticed 

and does not change the NRC staff’s 

original proposed no significant hazards 

consideration determination. 

The Commission’s related evaluation 

of the amendment is contained in a 

Safety Evaluation dated October 8, 2004. 

No significant hazards consideration 

comments received: No. 

Wolf Creek Nuclear Operating 

Corporation, Docket No. 50–482, Wolf 

Creek Generating Station, Coffey 

County, Kansas 

Date of amendment request: February 

9, 2004, as supplemented by the letter 

dated September 14, 2004. 

Brief description of amendment: The 

amendment revises requirements in the 

technical specifications to adopt the 

provisions of Industry/Technical 

Specification Task Force (TSTF) change 

TSTF–359, ‘‘Increase Flexibility in 

Mode Restraints.’’

Date of issuance: October 7, 2004. 

Effective date: October 7, 2004, and 

shall be implemented within 90 days of 

the date of issuance. 

Amendment No.: 155. 

Facility Operating License No. NPF–

42. The amendment revised the 

Technical Specifications. 

Date of initial notice in Federal 

Register: March 16, 2004 (69 FR 

12373). 

The additional information provided 

in the supplemental letter dated 

September 14, 2004, does not expand 

the scope of the application as noticed 

and does not change the NRC staff’s 

original proposed no significant hazards 

consideration determination. 

The Commission’s related evaluation 

of the amendment is contained in a 

Safety Evaluation dated October 7, 2004.

No significant hazards consideration 

comments received: No.

Dated in Rockville, Maryland, this 18th 

day of October 2004.

For the Nuclear Regulatory Commission. 

Ledyard B. Marsh, 

Director, Division of Licensing Project 

Management, Office of Nuclear Reactor 

Regulation.

[FR Doc. 04–23664 Filed 10–25–04; 8:45 am] 

BILLING CODE 7590–01–P

NUCLEAR REGULATORY 

COMMISSION 

[NUREG–1600] 

Revision of the NRC Enforcement 

Policy

AGENCY: Nuclear Regulatory 

Commission.

ACTION: Policy Statement: revision.

SUMMARY: The Nuclear Regulatory 

Commission (NRC or Commission) is 

publishing a revision to its General 

Statement of Policy and Procedure for 

NRC Enforcement Actions (NUREG–

1600) (Enforcement Policy or Policy) to 

address the requirements of the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990, as amended by the Debt 

Collection Improvement Act of 1996. 

The Act requires Federal agencies to 

adjust civil monetary penalties to reflect 

inflation.

DATES: This action is effective on 

November 26, 2004. Comments on this 

revision should be submitted on or 

before December 27, 2004, and will be 

considered by the NRC before the next 

62486 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 

1Adjustment for inflation = Consumer Price 

Index (CPI) for June 2003—CPI for June 2000.

Enforcement Policy revision. The 

Commission will apply the modified 

Policy to violations that occur after the 

effective date.

ADDRESSES: Submit written comments 

to: Michael T. Lesar, Chief, Rules and 

Directives Branch, Division of 

Administrative Services, Office of 

Administration, Mail Stop: T6D59, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. Hand 

deliver comments to: 11555 Rockville 

Pike, Rockville, Maryland, between 7:30 

a.m. and 4:15 p.m., Federal workdays. 

Copies of comments received may be 

examined at the NRC Public Document 

Room, Room O1F21, 11555 Rockville 

Pike, Rockville, MD. You may also email comments to nrcrep@nrc.gov.

The NRC maintains the current 

Enforcement Policy on its Web site at 

http://www.nrc.gov, select What We Do, 

Enforcement, then Enforcement Policy.

FOR FURTHER INFORMATION CONTACT:

Rene ́e Pedersen, Senior Enforcement 

Specialist, Office of Enforcement, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, (301) 415–

2742, e-mail rmp@nrc.gov.

SUPPLEMENTARY INFORMATION: Section 

234 of the Atomic Energy Act of 1954, 

as amended, (AEA) limits the maximum 

civil penalty amount that the NRC may 

issue for violations of the AEA at 

$100,000 per violation, per day. The 

Federal Civil Monetary Penalties 

Inflation Adjustment Act of 1990 (as 

amended by the Debt Collection 

Improvement Act of 1996 (the Act)) 

requires that the head of each agency 

adjust by regulation the civil monetary 

penalties (CMPs) provided by law 

within the jurisdiction of the agency for 

inflation at least once every four years. 

On November 3, 2000 (See 65 FR 59270; 

October 4, 2000), the NRC adjusted the 

aforementioned maximum civil penalty 

amount to $120,000. Thus, the NRC is 

required to adjust this civil penalty by 

November 3, 2004. 

The inflation adjustment mandated by 

the Act results in a seven percent 

increase to the maximum CMPs.1

Increases are to be rounded to the 

nearest multiple of $10,000 in the case 

of penalties greater than $100,000, but 

less than or equal to $200,000.

After this mandatory adjustment for 

inflation and the rounding mandated by 

statute, the new maximum civil penalty 

amount will be $130,000 per violation, 

per day. Concurrent with this change, 

the NRC is publishing a change to 10 

CFR 2.205 in the Federal Register to 

reflect the new maximum CMP 

mandated by the Act. The new 

maximum civil penalty applies only to 

violations that occur after the date that 

the increase takes effect. 

The changes mandated by the Act 

apply to the maximum CMP. This is 

also the amount that, under the 

Enforcement Policy approved by the 

Commission, is assigned as the base 

civil penalty for power reactors and 

gaseous diffusion plants for a Severity 

Level I violation (considered the most 

significant severity level). Also as a 

matter of policy, the Commission has 

approved use of lesser amounts for other 

types of licensees, primarily materials 

licensees, and for violations that are 

assessed at lower severity levels. This 

approach is set out in Tables 1A and 1B 

of the Enforcement Policy. Although the 

1996 Act does not mandate changes to 

these lesser civil penalty amounts, the 

NRC is modifying Table 1A of the 

Enforcement Policy by increasing each 

amount to maintain the same 

proportional relationships between the 

penalties. These changes apply to 

violations occurring after the effective 

date of this Policy Statement. 

Paperwork Reduction Act 

This final 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, 

approval number 3150–0136. 

Public Protection Notification 

If a means used to impose an 

information collection does not display 

a currently valid OMB control number, 

the NRC may not conduct or sponsor, 

and a person is not required to respond 

to, the information collection. 

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 revised to read as follows: 

General Statement of Policy and 

Procedure for NRC Enforcement 

Actions 

VI. Disposition of Violations 

C. Civil Penalty 

1. Base Civil Penalty

TABLE 1A.—BASE CIVIL PENALTIES

a. Power reactors and gaseous diffusion plants ............................................................................................................................. $130,000 

b. Fuel fabricators authorized to possess Category I or II quantities of SNM ................................................................................ 65,000 

c. Fuel fabricators, industrial processors,1 and independent spent fuel and monitored retrievable storage installations ............. 32,500 

d. Test reactors, mills and uranium conversion facilities, contractors, waste disposal licensees, industrial radiographers, and

other large material users ............................................................................................................................................................ 13,000 

e. Research reactors, academic, medical, or other small material users 2 .................................................................................... 6,500 

f. Loss, abandonment, or improper transfer or disposal of a sealed source or device, regardless of the use or type of licensee: 3

1. Sources or devices with a total activity greater than 3.7 × 104 MBq (1 Curie), excluding hydrogen-3 (tritium) ................. 50,000 

2. Other sources or devices containing the materials and quantities listed in 10 CFR 31.5(c)(13)(i) .................................... 16,000 

3. Sources and devices not otherwise described above ......................................................................................................... 6,500 

1 Large firms engaged in manufacturing or distribution of byproduct, source, or special nuclear material. 

2This applies to nonprofit institutions not otherwise categorized in this table, mobile nuclear services, nuclear pharmacies, and physician offices. 3These base civil penalty amounts have been determined to be approximately three times the average cost of disposal. For specific cases, 

NRC may adjust these amounts to correspond to three times the actual expected cost of authorized disposal. 

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Notices 62487

1 15 U.S.C. 78l(d).

2 17 CFR 240.12d2–2(d).

2. Civil Penalty Assessment 

d. Exercise of Discretion 

As provided in Section VII, ‘‘Exercise 

of Discretion,’’ discretion may be 

exercised by either escalating or 

mitigating the amount of the civil 

penalty determined after applying the 

civil penalty adjustment factors to 

ensure that the proposed civil penalty 

reflects all relevant circumstances of the 

particular case. However, in no instance 

will a civil penalty for any one violation 

exceed $130,000 per day. 

VII. Exercise of Discretion 

A. Escalation of Enforcement Sanctions 

The NRC considers violations 

categorized at Severity Level I, II, or III 

to be of significant regulatory concern. 

The NRC also considers violations 

associated with findings that the Reactor 

Oversight Process’s Significance 

Determination Process evaluates as 

having low to moderate, or greater safety 

significance (i.e., white, yellow, or red) 

to be of significant regulatory concern. 

If the application of the normal 

guidance in this policy does not result 

in an appropriate sanction, with the 

approval of the Deputy Executive 

Director and consultation with the EDO 

and Commission, as warranted, the NRC 

may apply its full enforcement authority 

where the action is warranted. NRC 

action may include: (1) escalating civil 

penalties; (2) issuing appropriate orders; 

and (3) assessing civil penalties for 

continuing violations on a per day basis, 

up to the statutory limit of $130,000 per 

violation, per day. 

3. Daily Civil Penalties 

In order to recognize the added 

significance for those cases where a very 

strong message is warranted for a 

significant violation that continues for 

more than one day, the NRC may 

exercise discretion and assess a separate 

violation and attendant civil penalty up 

to the statutory limit of $130,000 for 

each day the violation continues. The 

NRC may exercise this discretion if a 

licensee was aware of or clearly should 

have been aware of a violation, or if the 

licensee had an opportunity to identify 

and correct the violation but failed to do 

so.

Dated in Rockville, Maryland, this 6th day 

of October 2004.

For the Nuclear Regulatory Commission. 

Luis A. Reyes, 

Executive Director for Operations.

[FR Doc. 04–23900 Filed 10–25–04; 8:45 am] 

BILLING CODE 7590–01–P

PENSION BENEFIT GUARANTY 

CORPORATION 

Submission of Information Collection 

for OMB Review; Comment Request; 

Disclosure to Participants

AGENCY: Pension Benefit Guaranty 

Corporation.

ACTION: Notice of request for extension 

of OMB approval. 

SUMMARY: The Pension Benefit Guaranty 

Corporation (‘‘PBGC’’) is requesting that 

the Office of Management and Budget 

(‘‘OMB’’) extend approval, under the 

Paperwork Reduction Act, of a 

collection of information in its 

regulation on Disclosure to Participants 

(29 CFR part 4011) (OMB control 

number 1212–0050). This notice 

informs the public of the PBGC’s request 

and solicits public comment on the 

collection of information.

DATES: Comments should be submitted 

by November 26, 2004.

ADDRESSES: Comments should be 

mailed to the Office of Information and 

Regulatory Affairs of the Office of 

Management and Budget, Attention: 

Desk Officer for Pension Benefit 

Guaranty Corporation, Washington, DC 

20503. 

Copies of the request for extension 

(including the collection of information) 

may be obtained by writing to the 

PBGC’s Communications and Public 

Affairs Department, suite 240, 1200 K 

Street, NW., Washington, DC 20005–

4026, or by visiting that office or calling 

202–326–4040 during normal business 

hours. (TTY and TDD users may call the 

Federal relay service toll-free at 1–800–

877–8339 and ask to be connected to 

202–326–4040.) The regulation on 

Disclosure to Participants can be 

accessed on the PBGC’s Web site at 

http://www.pbgc.gov.

FOR FURTHER INFORMATION CONTACT:

Catherine B. Klion, Attorney, Office of 

the General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005–4026, 202–

326–4024. (For TTY and TDD, call 800–

877–8339 and request connection to 

202–326–4024).

SUPPLEMENTARY INFORMATION: Section 

4011 of the Employee Retirement 

Income Security Act of 1974 requires 

plan administrators of certain 

underfunded single-employer pension 

plans to provide an annual notice to 

plan participants and beneficiaries of 

the plan’s funding status and the limits 

on the PBGC’s guarantee. 

The PBGC’s regulation implementing 

this provision (29 CFR part 4011) 

prescribes which plans are subject to the 

notice requirement, who is entitled to 

receive the notice, and the time, form, 

and manner of issuance of the notice. 

The notice provides recipients with 

meaningful, understandable, and timely 

information that will help them become 

better informed about their plans and 

assist them in their financial planning. 

The collection of information under 

the regulation has been approved by 

OMB under control number 1212–0050 

(expires November 30, 2004). The PBGC 

is requesting that OMB extend its 

approval for three years. An agency 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. 

The PBGC estimates that an average of 

3,917 plan administrators per year will 

respond to this collection of 

information. The PBGC further 

estimates that the average annual 

burden of this collection of information 

is 2.15 hours and $148 per plan 

administrator, with an average total 

annual burden of 8,428 hours and 

$579,425.

Issued in Washington, DC, this 20th day of 

October, 2004. 

Stuart A. Sirkin, 

Director, Corporate Policy and Research 

Department.

[FR Doc. 04–23937 Filed 10–25–04; 8:45 am] 

BILLING CODE 7708–01–P

SECURITIES AND EXCHANGE 

COMMISSION 

Issuer Delisting; Notice of Application 

of AmNet Mortgage, Inc., To Withdraw 

Its Common Stock, $.01 Par Value, 

From Listing and Registration on the 

American Stock Exchange LLC File No. 

1–13485

October 20, 2004. 

On September 23, 2004, AmNet 

Mortgage, Inc., a Maryland corporation 

(‘‘Issuer’’) filed an application with the 

Securities and Exchange Commission 

(‘‘Commission’’), pursuant to section 

12(d) of the Securities Exchange Act of 

1934 (‘‘Act’’) 1 and Rule 12d2–2(d) 

thereunder,2 to withdraw its common 

stock, $.01 par value (‘‘Security’’), from 

listing and registration on the American 

Stock Exchange LLC (‘‘Amex’’ or 

‘‘Exchange’’).

The Board of Directors (‘‘Board’’) of 

the Issuer approved resolutions on 

January 22, 2004, to withdraw the 

Security from listing and registration on 

the Amex and to list the Security on the 

Nasdaq National Market System