Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2004-10-26.xml --- 69 206 Tuesday, October 26, 2004 Contents Advisory Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Cooperative State Research, Education, and Extension Service See Forest Service Air Force Air Force Department NOTICES Privacy Act: Systems of records, 62438-62439 04-23886 Animal Animal and Plant Health Inspection Service PROPOSED RULES Noxious weeds:

Caulerpa, 62419-62421 04-23921 NOTICES Environmental statements; availability, etc.: Melaleuca control; nonindigenous fly release for biological control, 62432-62433 E4-2856 Appalachian Appalachian States Low-Level Radioactive Waste Commission NOTICES Meetings, 62433-62434 04-23884 Central Central Security Service/National Security Agency See National Security Agency/Central Security Service Children Children and Families Administration RULES Child support enforcement program:

Federal tax refund offset, 62413-62415 04-23953 Coast Guard Coast Guard RULES Ports and waterways safety: Hempstead, NY; Sloop Channel; Wantagh Parkway Number 3 Bridge; safety zone, 62408-62411 04-23962 PROPOSED RULES Ports and waterways safety: Buzzards Bay, MA; regulated navigation area, 62427-62430 04-23963 NOTICES Agency information collection activities; proposals, submissions, and approvals, 62449-62450 04-23964 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration CITA Committee for the Implementation of Textile Agreements NOTICES Textile and apparel categories:

Caribbean Basin Trade Partnership Act; commercial availability— Circular single-knit jersey fabrics, 62437-62438 04-23939 Cooperative Cooperative State Research, Education, and Extension Service RULES Grants: Food and Agricultural Sciences National Needs Graduate and Postgraduate Fellowship Program, 62535-62542 04-23896 Copyright Copyright Office, Library of Congress RULES Copyright office and procedure: Unpublished audio and audiovisual transmission programs; acquisition and deposit, 62411-62412 04-23934 Defense Defense Department See Air Force Department See National Security Agency/Central Security Service NOTICES Meetings:

Science Board, 62438 04-23885 Drug Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62458 04-23904 Employment Employment and Training Administration NOTICES Adjustment assistance: Boeing Aircraft Co., 62459 E4-2851 Engineering Service Inc., 62459 E4-2846 Gateway Country Store, 62459 E4-2848 Invista S.A.R.L., 62459-62460 E4-2852 Kolonaki Import et al., 62460-62464 E4-2845 Longaberger Co., 62464 E4-2850 Modine Manufacturing Co., 62464 E4-2849 Mohican Mills, Inc., 62464-62465 E4-2843 Olympia Limited, Inc., 62465 E4-2847 Union Carbide Corp., 62465 E4-2844 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Environmental statements; notice of intent:

C.D. McIntosh, Jr. Power Plant, Lakeland, FL; Pressurized Circulating Fluidized Bed Demonstration Project; cancellation, 62440 04-23918 Colorado Springs Utilities, Fountain, CO; Next-Generation Circulating Fluidized Bed Coal Generating Unit Demonstration Project; cancellation, 62440 04-23919 Geneva Steel Co., Provo, UT; Clean Power from Integrated Coal/Ore Reduction Project; cancellation, 62440 04-23917 EPA Environmental Protection Agency NOTICES Air pollution control: Federal operating permit approvals— Great Lakes Gas Transmission L.P., 62445 04-23943 Water supply:

Public water supply supervision program— Maryland, 62445-62446 04-23942 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Boeing; correction, 62399 04-23928 Bombardier; correction, 62400-62401 04-23927 Cessna, 62396-62399 04-23729 Airworthiness standards: Special conditions— Gulfstream Aerospace Corp. Model G-1159, G-1159A, and G-1159B series airplanes, 62394-62396 04-23861 Class E airspace, 62401-62406 04-23865 04-23866 04-23867 04-23868 PROPOSED RULES Airworthiness directives:

Boeing, 62421-62424 04-23931 McDonnell Douglas, 62424-62426 04-23930 NOTICES Advisory circulars; availability, etc.: Systems and equipment guide for certification of Part 23 airplanes and airships, 62502-62503 04-23870 Aeronautical land-use assurance; waivers: City-County Airport, OR, 62503 04-23869 Reports and guidance documents; availability, etc.: Commercial Aviation Safety Team enhancements; voluntarily submitted information; protection from disclosure; order, 62503-62505 04-23864 Ice protection equipment; policy statement, 62505-62506 04-23860 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 62446 04-24064 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Georgia, 62450 04-23914 Louisiana, 62450 04-23909 Minnesota, 62450 04-23911 Pennsylvania, 04-23912 62451 04-23913 Puerto Rico, 62451-62452 04-23910 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 62440-62442 E4-2840 Meetings; Sunshine Act, 62442-62445 04-23995 04-23996 Federal Highway Federal Highway Administration PROPOSED RULES Engineering and traffic operations:

Truck size and weight— Commercial vehicle width exclusive devices; withdrawn, 62426-62427 04-23966 NOTICES Environmental statements; notice of intent: Oconto and Marinette Counties, WI, 62506 04-23932 Federal Railroad Federal Railroad Administration NOTICES Exemption petitions, etc.: Union Pacific Railroad Co., 62506-62507 04-24058 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 62446 04-23890 Formations, acquisitions, and mergers, 62446 04-23889 Permissible nonbanking activities, 62446-62447 04-23891 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62507-62508 04-23873 Grants and cooperative agreements; availability, etc.:

Transit assistance programs— Certifications and assurances; annual list, 62521-62534 04-23871 Transfer of federally assisted land or facility: Bellingham, WA; Whatcom Transportation Authority parcel at 2200 Nevada Street; transfer to city; notice of intent, 62508-62509 04-23872 Fish Fish and Wildlife Service RULES Endangered and threatened species: Beluga sturgeon, 62415-62418 04-23993 Food Food and Drug Administration RULES Animal drugs, feeds, and related products: Sponsor's drug labeler code correction, 62406-62407 04-23854 NOTICES Human drugs:

Drug products withdrawn from sale for reasons other than safety or effectiveness— SERZONE (nefazodone hydrochloride), 62447 04-23857 Meetings: Ranch Hand Advisory Committee, 62448 04-23856 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Connecticut Pfizer, Inc.; pharmaceutical products manufacturing facilities, 62434 04-23956 Forest Forest Service NOTICES Meetings: Resource Advisory Committees— Lassen County, 62433 04-23923 Health Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Grant and cooperative agreement awards:

AIDS Education Training Centers Programs in various States, 62448-62449 04-23858 Historic Historic Preservation, Advisory Council NOTICES Environmental statements; availability, etc.: Defense Department historic properties management, 62431-62432 04-23952 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Interior Interior Department See Fish and Wildlife Service See Minerals Management Service International International Trade Administration NOTICES Antidumping:

Preserved mushrooms from— China, 62434-62435 E4-2858 North American Free Trade Agreement (NAFTA); binational panel reviews: Corrosion-resistant carbon steel flat products from— Canada, 62436-62437 E4-2857 *Applications, hearings, determinations, etc.:* Texas A&M Research Foundation, 62435 04-23955 University of— Pennsylvania, 62436 04-23954 International International Trade Commission NOTICES Import investigations: Purple protective gloves, 62454-62455 04-23883 Justice Justice Department See Drug Enforcement Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62455-62458 04-23905 04-23906 04-23907 04-23908 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 62458-62459 04-23916 Organization, functions, and authority delegations:

Labor Executive Staff; order of succession, 62543-62545 04-23947 Library Library of Congress See Copyright Office, Library of Congress Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers: ALTAIR, 62509 04-23894 DARIOS DREAM, 62509-62510 04-23893 DIVAGUE II, 62510 04-23892 MONTAGUE, 62510-62511 04-23895 Minerals Minerals Management Service NOTICES Agency information collection activities; proposals, submissions, and approvals, 62452-62454 04-23938 National Highway National Highway Traffic Safety Administration NOTICES Motor vehicle safety standards:

Exemption petitions, etc.— Bridgestone/Firestone North American Tire, LLC, 62513 04-23878 CCI Manufacturing IL Corp., 62512-62513 04-23877 General Motors Corp., 62511 04-23874 Michelin North America, Inc., 62511-62512 04-23875 04-23876 NOAA National Oceanic and Atmospheric Administration NOTICES Meetings: Science Advisory Board, 62437 04-23888 National Security National Security Agency/Central Security Service RULES Privacy Act: implementation, 62407-62408 04-23887 Nuclear Nuclear Regulatory Commission RULES Domestic licensing proceedings and issuance of orders; practice rules:

Civil monetary penalties; inflation adjustment, 62393-62394 04-23899 NOTICES Meetings: Reactor Safeguards Advisory Committee, 62465-62467 04-23901 04-23902 04-23903 Meetings; Sunshine Act, 62467 04-24010 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 62467-62485 04-23664 Reports and guidance documents; availability, etc.: Enforcement actions; policy and procedures— Civil monetary penalties; inflation adjustment, 62485-62487 04-23900 Pension Pension Benefit Guaranty Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 62487 04-23937 Presidential Presidential Documents EXECUTIVE ORDERS Contracting, Federal; increasing opportunities for service-disabled veteran businesses (E.O. 13360), 62547-62551 04-24098 Research Research and Special Programs Administration NOTICES Hazardous materials:

Applications; exemptions, renewals, etc., 62513-62516 04-23879 04-23880 Meetings: International standards on transport of dangerous goods, 62516 04-23881 Pipeline safety: Waiver petitions— Tuscarora Gas Transmission Co., 62516-62517 04-23882 SEC Securities and Exchange Commission PROPOSED RULES Electronic Data Gathering, Analysis, and Retrieval System (EDGAR): eXtensible Business Reporting Language Voluntary Financial Reporting Program: financial information data tagging Correction, 62426 04-23898 NOTICES Investment Company Act of 1940:

Strong Capital Management, Inc., et al., 62488-62493 E4-2842 Self-regulatory organizations; proposed rule changes: National Association of Securities Dealers, Inc., 62493 E4-2855 Philadelphia Stock Exchange, Inc., 62493-62495 E4-2841 *Applications, hearings, determinations, etc.:* AmNet Mortgage, Inc., 62487-62488 E4-2853 Ryder System, Inc., 62488 E4-2854 SBA Small Business Administration NOTICES Disaster loan areas: Georgia, 62495-62496 04-23958 Pennsylvania, 04-23959 62496 04-23961 Virginia, 62496 04-23957 West Virginia, 62496-62497 04-23960 Social Social Security Administration NOTICES Social security benefits:

Cost-of-living increase, SSI monthly benefit amounts increase, average of total wages, contribution and benefit base, etc., 62497-62502 04-23915 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration Treasury Treasury Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 62517-62518 04-23936 Senior Executive Service:

Departmental Offices Performance/Bonus Review Board; membership, 62518-62519 04-23933 Separate Parts In This Issue Part II Transportation Department, Federal Transit Administration, 62521-62534 04-23871 Part III Agriculture Department, Cooperative State Research, Education, and Extension Service, 62535-62542 04-23896 Part IV Labor Department, 62543-62545 04-23947 Part V Executive Office of the President, Presidential Documents, 62547-62551 04-24098 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 206 Tuesday, October 26, 2004 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 2 RIN 3150-AH55 Adjustment of Civil Penalties for Inflation AGENCY: Nuclear Regulatory Commission. ACTION: Final rule. SUMMARY: The Nuclear Regulatory Commission

(NRC)is amending its regulations to adjust the maximum Civil Monetary Penalties

(CMPs)it can assess under statutes within the jurisdiction of the NRC. These changes are mandated by Congress in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The NRC's Rules of Practice are amended by adjusting the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended,

(AEA)or any regulation or order issued under the AEA from $120,000 to $130,000 per violation per day. EFFECTIVE DATE: November 26, 2004. FOR FURTHER INFORMATION CONTACT: Shelly D. Cole, Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone

(301)415-2549; e-mail *SDC1@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, requires that the head of each agency adjust by regulation the CMPs within the jurisdiction of the agency for inflation at least once every four years. The NRC's last adjustment to the CMPs within its jurisdiction occurred on November 3, 2000 ( *See* 65 FR 59270; October 4, 2000). Thus, another inflation adjustment must be made by November 3, 2004. The inflation adjustment is to be determined by increasing the maximum CMPs by the percentage that the Consumer Price Index

(CPI)for the month of June of the calendar year preceding the adjustment exceeds the CPI for the month of June of the last calendar year in which the amount of such penalty was last adjusted. For the purposes of this adjustment, applying this formula results in a seven percent increase to the maximum CMPs. In the case of penalties greater than $1,000, but less than or equal to $10,000, inflation adjustment increases are to be rounded to the nearest multiple of $1,000. 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. II. Discussion Section 234 of the AEA limits civil penalties for violations of the Atomic Energy Act to $100,000 per day per violation. In 1996, under the Debt Collection Improvement Act (DCIA), the NRC adjusted this figure to $110,000. The DCIA also amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require that the head of each agency adjust the CMPs within the jurisdiction of the agency for inflation at least once every four years. Therefore, in 2000, the NRC adjusted the maximum CMPs to $120,000 per day per violation. The NRC is required to adjust the CMPs within its jurisdiction again this year. After this mandatory adjustment for inflation, the adjusted maximum CMP for a violation of the AEA or any regulation or order issued under the AEA will be $130,000 per day per violation (rounding the amount of the inflation adjustment increase to the nearest multiple of $10,000). Thus, the NRC is amending Title 10 of the Code of Federal Regulations (10 CFR) 2.205 to reflect a new maximum CMP under the AEA in the amount of $130,000 per day per violation. The amended maximum CMP applies only to violations that occur after the effective date of this regulation. Monetary penalties under the Program Fraud Civil Remedies Act, 31 United States Code (U.S.C.) 3801, 3802, and the NRC's implementing regulations at 10 CFR 13.3(a)(1) and (b)(1), are currently limited to $6,000. A seven percent increase, when rounded to the nearest multiple of $1000, as required by section 5 of the Federal Civil Penalties Inflation Adjustment Act of 1990, does not result in an adjustment to the maximum CMP. Thus, the maximum CMP will remain at $6,000 for each false statement or claim under the Program Fraud Civil Remedies Act. The Commission has no discretion to set alternative levels of adjusted civil penalties because the amount of inflation adjustment must be calculated by a formula established by statute. Conforming changes to the NRC Enforcement Policy (NUREG-1600) published in the **Federal Register** on May 1, 2000 (65 FR 25368), will be made and published in a notice accompanying this rule. III. Procedural Background This final rule has been issued without prior public notice or opportunity for public comment. The Administrative Procedure Act (5 U.S.C. 553(b)(B)) does not require an agency to use the public notice and comment process “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” In this instance, the NRC finds, for good cause, that solicitation of public comment on this final rule is unnecessary and impractical. Congress has required the NRC to adjust the CMPs within NRC jurisdiction for inflation at least once every four years, and provided no discretion regarding the substance of the amendments. The NRC is required only to perform ministerial computations to determine the inflation adjustment to the CMPs. IV. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Pub. L. 104-113, requires that Federal agencies use technical standards developed by or adopted by voluntary consensus standards bodies unless the use of such a standard is inconsistent with applicable law or otherwise impractical. There are no consensus standards that apply to the inflation adjustment requirements in this final rule. Thus, the provisions of the Act do not apply to this rulemaking. V. Environmental Impact: Categorical Exclusion The NRC has determined that this final rule is the type of action described as a categorical exclusion in 10 CFR 51.22(c)(1) and (2). Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this regulation. This action involves no policy determinations. It merely adjusts monetary civil penalties for inflation as required by statute. VI. 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.* ). VII. Regulatory Analysis This final rule adjusts for inflation the maximum civil penalties under the AEA. The adjustments and the formula for determining the amount of the adjustment are mandated by Congress in the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890), as amended by the Debt Collection Improvement Act of 1996, as amended (Pub. L. 104-134, 110 Stat. 1321-358, 373, codified at 28 U.S.C. 2461 note). Congress passed that legislation on the basis of its findings that the power to impose monetary civil penalties is important to deterring violations of Federal law and furthering the policy goals of Federal laws and regulations. Congress has also found that inflation has diminished the impact of these penalties and their effect. The principal purposes of this legislation are to provide for adjustment of civil monetary penalties for inflation, maintain the deterrent effect of civil monetary penalties, and promote compliance with the law. Thus, these are anticipated impacts of implementation of the mandatory provisions of the legislation. Direct monetary impacts fall only upon licensees or other persons subjected to NRC enforcement. VIII. 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 of OMB. IX. Backfit Analysis The NRC has determined that these amendments do not involve any provisions which would impose backfits as defined in 10 CFR Chapter 1; therefore, a backfit analysis need not be prepared. List of Subjects in 10 CFR Part 2 Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Environmental protection, Nuclear materials, Nuclear power plants and reactors, Penalties, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal. For the reasons set out above and under the authority of the AEA; the Energy Reorganization Act of 1974, as amended; the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following amendments to 10 CFR part 2. PART 2—RULES OF PRACTICE FOR DOMESTIC LICENSING PROCEEDINGS AND ISSUANCES OF ORDERS 1. The authority citation for Part 2 continues to read as follows: Authority: Secs. 161, 181, 68 Stat. 948, 953, as amended (42 U.S.C. 2201, 2231); sec. 191, as amended, Pub. L. 87-615, 76 Stat. 409 (42 U.S.C. 2241); sec. 201, 88 Stat. 1242, as amended (42 U.S.C. 5841); 5 U.S.C. 552; sec. 1704, 112 Stat. 2750 (44 U.S.C. 3504 note). Section 2.101 also issued under secs. 53, 62, 63, 81, 103, 104, 105, 68 Stat. 930, 932, 933. 935, 936, 937, 938, as amended (42 U.S.C. 2073, 2092, 2093, 2111, 2133, 2134, 2135); sec. 114(f); Pub. L. 97-425, 96 Stat. 2213, as amended (42 U.S.C. 10143(0); sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332); sec. 301, 88 Stat. 1248 (42 U.S.C. 5871). Section 2.102, 2.103, 2.104, 2.105, 2.321 also issued under secs. 102, 163, 104, 105, 183i, 189, 68 Stat. 936, 937, 938, 954, 955, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2233, 2239). Section 2.105 also issued under Pub. L. 97-415, 96 Stat. 2073 (42 U.S.C. 2239). Sections 2.200-2.206 also issued under secs. 161 b. i, o, 182, 186, 234, 68 Stat. 948-951, 955, 83 Stat. 444, as amended (42 U.S.C. 2201(b), (i), (o), 2236, 2282); sec. 206, 88 Stat. 1246 (42 U.S.C. 5846). Section 2.205(j) also issued under Pub. L. 101-410, 104 Stat. 90, as amended by section 3100(s), Pub. L. 104-134, 110 Stat. 1321-373 (28 U.S.C. 2461 note). Subpart C also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Sections 2.600-2.606 also issued under sec. 102, Pub. L. 91-190, 83 Stat. 853, as amended (42 U.S.C. 4332). Section 2.700a also issued under 5 U.S.C. 554. Sections 2.343, 2.346, 2.754, 2.712, also issued under 5 U.S.C. 557. Section 2.764 also issued under secs. 135, 141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161). Section 2.790 also issued under sec. 103, 68 Stat. 936, as amended (42 U.S.C. 2133) and 5 U.S.C. 552. Sections 2.800 and 2.808 also issued under 5 U.S.C. 553, Section 2.809 also issued under 5 U.S.C. 553, and sec. 29, Pub, L. 85-256, 71 Stat. 579, as amended (42 U.S.C. 2039). Subpart K 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). Subpart L also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart M also issued under sec. 184 (42. U.S.C. 2234) and sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Subpart N also issued under sec. 189, 68 Stat. 955 (42 U.S.C. 2239). Appendix A also issued under sec. 6, Pub. L. 91-550, 84 Stat. 1473 (42 U.S.C. 2135). 2. In § 2.205 paragraph

(j)is revised to read as follows: § 2.205 Civil Penalties.

(j)*Amount.* A civil monetary penalty imposed under Section 234 of the Atomic Energy Act of 1954, as amended, or any other statute within the jurisdiction of the Commission that provides for the imposition of a civil penalty in an amount equal to the amount set forth in Section 234, may not exceed $130,000 for each violation. If any violation is a continuing one, each day of such violation shall constitute a separate violation for the purpose of computing the applicable civil penalty. Dated in Rockville, Maryland, this 12th day of October, 2004. For the Nuclear Regulatory Commission. Luis A. Reyes, Executive Director for Operations. [FR Doc. 04-23899 Filed 10-25-04; 8:45 am]

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