60484 Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 

When applicable, it is important that 

individuals enrolled in a plan or health 

insurance coverage know of their rights 

to (1) choose a primary care provider or 

a pediatrician when a plan or issuer 

requires participants or subscribers to 

designate a primary care physician; or 

(2) obtain obstetrical or gynecological 

care without prior authorization. 

Accordingly, paragraph (a)(4) of the 

interim final regulations requires such 

plans and issuers to provide a notice to 

participants (in the individual market, 

primary subscribers) of these rights 

when applicable. Model language is 

provided in the interim final 

regulations. The notice must be 

provided whenever the plan or issuer 

provides a participant with a summary 

plan description or other similar 

description of benefits under the plan or 

health insurance coverage, or in the 

individual market, provides a primary 

subscriber with a policy, certificate, or 

contract of health insurance. The ICR 

currently is scheduled to expire on 

December 31, 2010. 

Agency: Employee Benefits Security 

Administration, Department of Labor. 

Title: Affordable Care Act Enrollment 

Opportunity Notice—Prohibition on 

Lifetime Limits. 

Type of Review: Extension without 

change of a currently approved 

collection of information. 

OMB Number: 1210–0143. 

Affected Public: Individuals or 

households; Business or other for-profit; 

Not-for-profit institutions. 

Respondents: 315. 

Responses: 29,000. 

Estimated Total Burden Hours: 1,300. 

Estimated Total Burden Cost 

(Operating and Maintenance): $7,000. 

Description: Section 2711 of the PHS 

Act, as added by the Affordable Care 

Act and the Department’s interim final 

regulation (29 CFR 2590.715–2711) The 

Affordable Care Act dependent coverage 

enrollment opportunity notice is an 

information collection request (ICR) 

subject to the PRA. Before the 

applicability date of PHS Act section 

2711, an individual may have met a 

lifetime limit under a group health plan 

or health insurance coverage and 

therefore lost coverage under the plan or 

coverage. When the provisions of PHS 

Act section 2711 become applicable to 

the plan (or coverage), the plan (or 

coverage) can no longer exclude 

coverage for the individual by operation 

of the lifetime limit. 

Accordingly, the interim final 

regulations (29 CFR 2590.715–2800) 

require plans to provide a notice of an 

enrollment opportunity to an individual 

whose coverage ended due to reaching 

a lifetime limit on the dollar value of all 

benefits for any individual. 

The enrollment opportunity must 

continue for at least 30 days, regardless 

of whether the plan or coverage offers 

an open enrollment period and 

regardless of when any open enrollment 

period might otherwise occur. This 

enrollment opportunity must be 

presented not later than the first day of 

the first plan year (or, in the individual 

market, policy year) beginning on or 

after September 23, 2010 (which is the 

applicability date of PHS Act sections 

2714). Coverage must begin not later 

than the first day of the first plan year 

(or policy year in the individual market) 

beginning on or after September 23, 

2010. The ICR currently is scheduled to 

expire on December 31, 2010. 

III. Focus of Comments 

The Department of Labor 

(Department) is particularly interested 

in comments that: 

• Evaluate whether the collections of 

information are necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the collections of 

information, including the validity of 

the methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collections of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., by permitting electronic 

submissions of responses. 

Comments submitted in response to 

this notice will be summarized and/or 

included in the ICRs for OMB approval 

of the extension of the information 

collection; they will also become a 

matter of public record. 

Dated: September 28, 2010. 

Joseph S. Piacentini, 

Director, Office of Policy and Research, 

Employee Benefits Security Administration. 

[FR Doc. 2010–24674 Filed 9–29–10; 8:45 am] 

BILLING CODE 4510–29–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

[Notice: (10–115)] 

NASA Advisory Council; Science 

Committee; Earth Science 

Subcommittee; Applied Sciences 

Advisory Group Meeting 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, Public 

Law 92–463, as amended, the National 

Aeronautics and Space Administration 

(NASA) announces a meeting of the 

Applied Science Advisory Group. This 

Subcommittee reports to the Earth 

Science Subcommittee Committee of the 

NASA Advisory Council. The Meeting 

will be held for the purpose of soliciting 

from the scientific community and other 

persons scientific and technical 

information relevant to program 

planning. 

DATES: Thursday October 21, 2010, 8:30 

a.m. to 5 p.m., and Friday, October 22, 

2010, 8:30 a.m. to 1 p.m. Local Time. 

ADDRESSES: NASA Headquarters, 300 E 

Street, SW., Room 7H45–A and 3H46– 

A, respectively, Washington, DC 20546. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Peter Meister, Science Mission 

Directorate, NASA Headquarters, 

Washington, DC 20546, (202) 358–1557, 

fax (202) 358–4118, or 

peter.g.meister@nasa.gov. 

SUPPLEMENTARY INFORMATION: The 

meeting will be open to the public up 

to the capacity of the room. The agenda 

for the meeting includes the following 

topics: 

—Applied Sciences Program Update. 

—Performance Measures Discussion. 

—Report from Earth Science 

Subcommittee Meeting. 

It is imperative that the meeting be 

held on these dates to accommodate the 

scheduling priorities of the key 

participants. Attendees will be 

requested to sign a register and to 

comply with NASA security 

requirements, including the 

presentation of a valid picture ID, before 

receiving an access badge. Foreign 

nationals attending this meeting will be 

required to provide a copy of their 

passport, visa, or green card in addition 

to providing the following information 

no less than 10 working days prior to 

the meeting: full name; gender; date/ 

place of birth; citizenship; visa/green 

card information (number, type, 

expiration date); passport information 

(number, country, expiration date); 

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Federal Register / Vol. 75, No. 189 / Thursday, September 30, 2010 / Notices 60485 

employer/affiliation information (name 

of institution, address, country, 

telephone); title/position of attendee. To 

expedite admittance, attendees with 

U.S. citizenship can provide identifying 

information 3 working days in advance 

by contacting Peter Meister via e-mail at 

peter.g.meister@nasa.gov or by 

telephone at (202) 358–1557. 

Dated: September 24, 2010. 

P. Diane Rausch, 

Advisory Committee Management Officer, 

National Aeronautics and Space 

Administration. 

[FR Doc. 2010–24485 Filed 9–29–10; 8:45 am] 

BILLING CODE 7510–13–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2008–0497] 

NRC Enforcement Policy Revision 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Policy statement. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC or Commission) is 

publishing a major revision to its 

Enforcement Policy (Enforcement Policy 

or Policy) to clarify the use of terms and 

update the Policy, removing outdated 

information and adding information 

addressing enforcement issues in areas 

that are not currently directly addressed 

in the Policy. 

DATES: This revision is effective on 

September 30, 2010. The NRC intends to 

solicit comments on this revised Policy 

approximately 18 months after the 

effective date. 

ADDRESSES: NRC’s Agencywide 

Document Access and Management 

System (ADAMS): Publicly available 

documents created or received at the 

NRC are available electronically at the 

NRC’s Electronic Reading Room 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 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 e-mail to 

pdr.resource@nrc.gov. 

The NRC maintains the Enforcement 

Policy on its Web site at http:// 

www.nrc.gov; select Public Meetings 

and Involvement, then Enforcement, 

and then Enforcement Policy. The 

Enforcement Policy is also accessible 

via ADAMS accession number 

ML093480037. 

FOR FURTHER INFORMATION CONTACT: 

Doug Starkey, Office of Enforcement, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555; 

Doug.Starkey@nrc.gov, 301–415–3456. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 25, 2007 (72 FR 3429), the 

NRC published a notice announcing that 

the NRC was undertaking a major 

revision of its Enforcement Policy. On 

September 15, 2008 (73 FR 53286), the 

NRC published a notice of availability of 

draft and request for comments on its 

proposed revised Policy. A corrected 

proposed revised Policy was published 

(73 FR 61442) on October 16, 2008. The 

public comment period for the revised 

Policy ended on November 14, 2008. On 

June 8, 2009 (74 FR 27191), the NRC 

published a notice of availability and 

request for comments on additional 

proposed revisions to Section 6.0, 

Supplements—Violation Examples, of 

the proposed revised Policy. The June 8, 

2009, Notice of Availability and request 

for comments applied only to additional 

proposed revisions to Section 6.0 of the 

proposed revised Policy. The public 

comment period for the proposed 

revised Supplements ended on July 8, 

2009. 

As discussed in the Supplementary 

Information of the September 15, 2008 

(73 FR 53286) document, the NRC, in 

developing the revised Policy, in many 

instances proposed to reword, delete, or 

move (i.e., move to the NRC 

Enforcement Manual, an NRC staff 

guidance document) some of the 

information in the current Policy. In 

addition, the NRC had also planned to 

add detailed violation examples to the 

Enforcement Manual to serve as further 

guidance to NRC inspectors. However, 

based on public comments received in 

response to the September and October 

2008 publications of the proposed 

revised Enforcement Policy, the NRC 

reconsidered its original plan to have 

abbreviated violation examples in the 

revised Policy and detailed violation 

examples in the Enforcement Manual. 

The NRC will continue its past practice 

of providing violation examples in the 

Enforcement Policy. These revised 

violation examples cover a broad range 

of circumstances in each of the four 

severity levels in each of 14 activity 

areas. Also, much of the material that 

the NRC had originally planned to 

remove from the revised Policy was 

subsequently retained based in part on 

comments received during the 2008 and 

2009 public comment periods. 

A summary of the comments and the 

NRC’s responses associated with the 

2008 and 2009 Notices are available at 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/ 

adams.html (ADAMS Accession 

Numbers ML091830260 and 

ML092650309, respectively). 

Summary of Major Revisions to the 

Enforcement Policy 

1. Revisions to Table of Base Civil 

Penalties 

Regulatory requirements have varying 

degrees of safety, security, or 

environmental significance. For that 

reason, the NRC imposes various base 

civil penalties depending on the specific 

circumstances. Section 8.0, Tables A 

and B, of the revised Enforcement 

Policy set forth the base civil penalties 

for various reactor, fuel cycle, material, 

and vendor programs. The NRC uses a 

graded approach in assessing civil 

penalties based on the severity level of 

the violation and on the class of 

licensee, vendor, or other person. Base 

civil penalties generally take into 

account the significance of a violation as 

the primary consideration, whereas the 

licensee’s ability to pay is a secondary 

consideration. The NRC reviews each 

proposed civil penalty on its own merits 

and, after considering all relevant 

circumstances, may adjust the base civil 

penalties in Table A for Severity Level 

I, II, and III violations as reflected in 

Table B of the Enforcement Policy (i.e., 

100 percent for Severity Level I 

violations, 80 percent for Severity Level 

II violations, and 50 percent for Severity 

Level III violations). However, in no 

instance would a civil penalty for any 

one violation exceed the current 

statutory limit, which is presently 

capped at $140,000 per day per 

violation. In consideration of the above, 

the following revisions have been made 

to the Table of Base Civil Penalties: 

a. Geologic Repository for Spent Fuel 

and/or High-Level Waste Repository 

The Table of Base Civil Penalties in 

the current Enforcement Policy has no 

provisions that address a geologic 

repository. Therefore, the NRC is 

revising the civil penalty table in the 

revised Policy to include geologic 

repositories to ensure that, if the need 

arises, the NRC has the appropriate tools 

to take enforcement actions. 

Based on the potential nuclear 

material inventory involved at a 

geologic repository and the 

corresponding safety consequences that 

could arise at the site (specifically to 

employees), the NRC determined that 

the statutorily allowed maximum base 

civil penalty for a Severity Level I 

violation is appropriate. In determining 

the base civil penalty that should be 

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