This section of the FEDERAL REGISTER
contains notices to the public of the proposedissuance of rules and regulations. Thepurpose of these notices is to give interestedpersons an opportunity to participate in therule making prior to the adoption of the finalrules.Proposed RulesFederal Register44286 
Vol. 86, No. 153 
Thursday, August 12, 2021 
DEPARTMENT OF AGRICULTURE 
Agricultural Marketing Service 
7 CFR Parts 915 and 944 
[Doc. No. AMS–SC–20–0082; SC20–915–2] 
Avocados Grown in South Florida and 
Imported Avocados; Change in Maturity Requirements 
AGENCY : Agricultural Marketing Service, 
USDA. 
ACTION : Proposed rule. 
SUMMARY : This proposed rule would 
change the maturity requirements currently prescribed under the Florida avocado marketing order. The order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee). The proposed change would establish beginning and end dates for the annual maturity shipping schedule. A corresponding change would be made to the avocado import regulation as required under section 8e of the Agricultural Marketing Agreement Act of 1937. 
DATES : Comments must be received by 
October 12, 2021. 
ADDRESSES : Interested persons are 
invited to submit written comments concerning this proposed rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250–0237; or submitted to internet: https://www.regulations.gov. 
Comments should reference the document number and the date and page number of this issue of the Federal Register and will be available for public 
inspection in the Office of the Docket Clerk during regular business hours or can be viewed at: https://www.regulations.gov. All comments 
submitted in response to this proposed rule will be included in the record and will be made available to the public. Please be advised that the identity of the 
individuals or entities submitting the comments will be made public on the internet at the address provided above. 
FOR FURTHER INFORMATION CONTACT : 
Abigail Campos, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324– 3375, Fax: (863) 291–8614, or Email: Abigail.Campos@usda.gov or 
Christian.Nissen@usda.gov. 
Small businesses may request 
information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, or Email: Richard.Lower@
usda.gov. 
SUPPLEMENTARY INFORMATION : This 
action, pursuant to 5 U.S.C. 553, proposes an amendment to regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This proposed rule is issued under Marketing Agreement No. 121 and Marketing Order No. 915, both as amended (7 CFR part 915), regulating the handling of avocados grown in South Florida. Part 915, (referred to as the ‘‘Order’’) is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ The Committee locally administers the Order and is comprised of growers and handlers of avocados operating within the production area, and a public member. 
This rule is also issued under section 
8e of the Act (7 U.S.C. 608e–1), which provides that whenever certain specified commodities, including avocados, are regulated under a Federal marketing order, imports of these commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for domestically produced commodities. 
The Department of Agriculture 
(USDA) is issuing this proposed rule in conformance with Executive Orders 12866 and 13563. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. 
This proposed rule has been reviewed 
under Executive Order 13175— Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have tribal implications. In accordance with Executive Order 13175, AMS has not identified any tribal implications as a result of this proposed rule. 
This proposed rule has been reviewed 
under Executive Order 12988, Civil Justice Reform. This proposed rule is not intended to have retroactive effect. 
The Act provides that administrative 
proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act (7 U.S.C. 608c(15)(A)), any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA’s ruling on the petition, provided an action is filed no later than 20 days after the date of the entry of the ruling (7 U.S.C. 608c(15)(B)). 
There are no administrative 
procedures that must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. 
This proposed rule would change the 
maturity requirements under the Order. This action would establish April 16 to April 15 of the following year as the beginning and end dates for the annual maturity shipping schedule, with an 
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exception for the requirements listed 
under Guatemalan seedling, which would run from June 9 to June 8 of the following year. This rule would provide clarity regarding the schedule and dates in effect, assist with compliance to help ensure a quality product reaches consumers, and reflect current industry practices. These changes were unanimously recommended by the Committee at its October 14, 2020, meeting. 
Section 915.51 of the Order provides, 
in part, authority to establish maturity requirements under the Order. Section 915.52 of the Order provides authority for the modification, suspension, or termination of established regulations. Section 915.332 of the Order’s rules and regulations establishes the maturity requirements for avocados grown in Florida. These requirements are specified in Table I of § 915.332(a) and establish minimum weights and diameters to delineate specific shipping time frames for avocados shipped under the Order. Maturity requirements for avocados imported into the United States are currently in effect under § 944.31. 
The maturity regulations are designed 
to prevent the shipment of immature avocados and include the annual shipping schedule to help ensure only mature fruit reaches the market. Avocado varieties mature at different times, and varieties can vary considerably in terms of size and weight. Consequently, the schedule establishes shipping dates and maturity requirements by variety. Varieties not specifically listed on the schedule are covered by the requirements for West Indian seedling or Guatemalan seedling. These maturity dates and requirements are established based on a testing procedure developed by USDA. 
The shipping schedule in Table I 
specifies the individual maturity requirements for the numerous avocado varieties shipped each season. As larger fruit within a variety matures earliest, 
the schedule makes the larger sized fruit available for market first followed by other dates to incrementally release smaller sizes for shipment as they mature. As such, the maturity requirements for a variety are usually divided into A, B, C, and D dates, which are associated with specific weights and sizes reflecting when a particular variety matures. 
Avocados may not be handled until 
the earliest date, the A date, specified for that variety on the shipping schedule so only the largest, most mature fruits are available for market for each variety early in its season. The final date, the D date, for each variety correlates to the end of its season when all fruits of that 
variety should be mature and releases all remaining sizes and weights for shipment. 
While the maturity schedule includes 
dates and maturity requirements for individual varieties, the regulations do not specify beginning and end dates for the annual maturity schedule itself. In the past, there was a gap in shipments in April, which created a natural break from one season’s schedule to the next, with the first varieties appearing on the maturity schedule in May. This break served as the indicator of where the requirements of one annual schedule ended, and the new annual schedule began. 
Such a differentiation between 
schedules is important as it clarifies which schedule is in place, so handlers know which maturity requirements need to be met. Specifically, this demarcation makes it clear the D dates for one schedule do not stretch to the A dates of the new schedule. Such a delineation between schedules provides a gap between the D dates and the A dates. This helps to ensure avocados are not shipped early to take advantage of the relaxed maturity requirements of the D-date, which could result in the shipment of immature fruit, and would circumvent the requirement that avocados may not be handled prior to the earliest date specified by the A date for that variety. 
However, with the development of 
late-season varieties, there has been an increase in shipments under the Guatemalan seedling category in March, April, and May. Consequently, there is no longer a break in shipments between annual schedules, which has created an 
overlap from one annual schedule to the next. With this overlap, questions have arisen regarding the schedule, and when one annual schedule ends and another begins. 
In discussing this issue, the 
Committee supported establishing beginning and end dates for the maturity schedule to address the overlap, and to address questions regarding which maturity schedule and dates were in effect. The Committee believes doing so would provide clarity regarding the schedule and would help assist with any compliance issues related to the dates established. 
The Committee agreed that using an 
end date of April 15 for the shipping schedule, with an exception for avocados handled under the Guatemalan seedling category would be appropriate. This date reflects the break in schedules the industry has used to delineate one schedule from the next, and it remains applicable for all listings on the shipping schedule apart from the 
Guatemalan seedling. 
For most avocados covered under the 
schedule, the normal harvest cycle, from the A date when the harvest of a particular variety begins to when all fruit of that variety has been picked, is around three months. The last A date listed on the schedule for a specific variety is for the Monday nearest December 12, with a D date of the following Monday nearest January 23. Using these dates, April 15 would provide more than enough time to harvest and ship those varieties listed on the schedule, other than Guatemalan seedling. 
While the A date for the ‘‘Guatemalan 
Seedling’’ appears on the maturity schedule in September, the listing provides the maturity requirements for avocados of the Guatemalan type varieties and seedlings, as well as hybrid varieties and seedlings, and unidentified seedlings not listed elsewhere in Table I. Consequently, the requirements for the Guatemalan seedling cover numerous varieties with shipments extending into March, April, and May for some of the varieties in this category. 
Recognizing the shipments under the 
Guatemalan seedling and related varieties and seedlings do not conform to the same seasonal schedule as the other varieties listed on the maturity schedule, the Committee considered alternative dates for the beginning and end dates for the maturity requirements for those varieties covered under this category. In discussing dates for the Guatemalan seedling, Committee members were concerned about establishing an end date that was 
beyond the proper maturity timeframe for this fruit, which could allow inferior fruit to enter the market. 
Avocados mature on the tree and start 
the ripening process as they are picked. Avocados can be held on the tree to delay shipments or to lengthen the harvest period. However, if they remain on the tree too long, they will pass their optimal maturity. This can negatively impact the quality of the fruit resulting in fruit that is overmature or overripe. 
In past seasons, the industry had been 
considering June 30 as an end date for the annual requirements for Guatemalan seedling. However, Committee members agreed this date was too late in the season and could result in poor quality fruit reaching the market, as some overripe avocados had appeared at the wholesale level. Committee members believe setting an end date earlier in the month would address the issues related to overmature fruit, improving the quality of avocados entering the market, 
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and providing customers with a better 
product. 
According to information from the 
Committee, avocados declared as Guatemalan seedling have typically completed shipping before the first week in June. Considering the timing of shipments, and to ensure consumers would be receiving a quality product, the Committee recommended establishing an end date for the Guatemalan maturity requirements of June 8. 
With most shipments ending before 
the first week in June, a June 8 end date would provide an additional week for handlers to ship any remaining avocados covered by the Guatemalan seedling requirements. Also, by having a clear end date defining where one schedule ends, and the new schedule becomes applicable, handlers could adjust their shipping dates accordingly to meet the requirements. 
As a result, the Committee 
recommended establishing beginning and end dates for the annual maturity shipping schedule of April 16 to April 15 of the following year, with an exception for Guatemalan seedling which would extend from June 9 to June 8 of the following year. The Committee believes establishing these dates would provide clarity regarding the schedule, assist with compliance to help ensure a quality product reaches consumers, and reflect current industry practices and changes in the industry. This proposed change would only impact the maturity requirements under the Order and would make no change to the current grade requirements. 
Section 8e of the Act provides that 
when certain domestically produced commodities, including avocados, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. Maturity requirements for avocados imported into the United States are currently in effect under § 944.31. As this rule would revise the maturity requirements for Florida avocados by establishing beginning and end dates for the annual maturity shipping schedule, a corresponding change would need to be made to the import regulations. 
Imports and importers would also 
benefit from these proposed changes, which would establish beginning and end dates for the maturity requirements. Clarifying the schedule and the requirements that are in place, thus helping ensure customers are receiving a quality product would be beneficial for the entire industry, including imports. The Hass, Fuerte, Zutano, and 
Edranol varieties of avocados currently 
are exempt from the maturity regulations and continue to be exempt under this rule. However, these varieties are not exempt from the import grade regulation, which is not being changed by this action. 
Initial Regulatory Flexibility Analysis 
Pursuant to requirements set forth in 
the Regulatory Flexibility Act (RFA) (5 
U.S.C. 601–612), the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. 
The purpose of the RFA is to fit 
regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are 
unique in that they are brought about through group action of essentially small entities acting on their own behalf. 
There are approximately 325 
producers of Florida avocados in the production area and 25 handlers subject to regulation under the Order. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts less than $1,000,000, and small agricultural service firms are defined as those whose annual receipts are less than $30,000,000 (13 CFR 121.201). 
According to the National 
Agricultural Statistical Service (NASS), the average grower price paid for Florida avocados during the 2020–21 season was $21.97 per 55-pound bushel. Utilized production was equivalent to 624,364 55-pound bushels for a total value of over $13,718,830. Dividing the crop value by the estimated number of producers (325) yields an estimated average receipt per producer of $42,212, so the average producer would have annual receipts of less than $1,000,000. 
USDA Market News reported April 
2021 terminal market prices for green skinned avocados were about $36.43 per 24-pound container. Using this price and the total utilization, the total 2020– 21 handler crop value is estimated at $52.1 million. Dividing this figure by the number of handlers (25) yields an estimated average annual handler receipts of slightly over $2 million, which is below the SBA threshold for small agricultural service firms. 
In 2020, the Dominican Republic, 
Peru, Mexico, and Colombia were the major countries exporting avocado varieties other than Hass to the United States. In 2020, shipments of these types 
of avocados imported into the United States totaled around 29,630 metric tons. Of that amount, 29,133 metric tons were imported from the Dominican Republic. Information from USDA’s Global Agricultural Trade System database indicates the dollar value of these avocados to be approximately $41,385,000. There are approximately 20 importers of green skin avocadoes. Using the total value and the number of importers, the average importer would have annual receipts of less than $30 million. 
Based on these estimates, the majority 
of Florida avocado producers and handlers, and importers may be classified as small entities. 
This proposed rule would change the 
maturity requirements under the Order. This action would establish April 16 to April 15 of the following year as the beginning and end dates for the annual maturity shipping schedule, with an exception for Guatemalan seedling which would run from June 9 to June 8 of the following year. This rule would provide clarity regarding the maturity schedule and dates in effect, assist with compliance to help ensure a quality product reaches consumers, and reflect current industry practices. This proposed rule would revise § 915.332. Authority for this change is provided in §§ 915.51 and 915.52. This proposed rule would also change § 944.31 in the avocado import regulation, as is required by section 8e of the Act. 
This action is not expected to increase 
the costs associated with the Order’s requirements or the avocado import regulation. Rather, it is anticipated that this action would have a beneficial impact by providing clarity regarding the maturity schedule and dates in effect, assist with compliance, and help ensure a quality product reaches consumers. 
This change would provide clarity as 
to which schedule is in place, so producers, handlers, and importers know which maturity requirements 
need to be met. Establishing beginning and end dates for the maturity requirements would clearly identify when the requirements of one annual schedule end, and the new annual schedule begins. Further, having a delineation between schedules would assist with compliance by making it clear that the D dates for one schedule do not stretch to the A date of the new schedule. This would help ensure that immature avocados are not shipped early using the previous season’s D date to circumvent the requirement that avocados may not be handled prior to the A date specified for that variety. 
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For the Guatemalan seedling, 
establishing the beginning and end 
dates for the annual maturity requirements would help prevent shipments beyond the quality lifecycle of varieties covered under this category. This change would set a clear date by which shipments under the D date would end, assisting both with compliance and with fruit quality. Absent this change, fruit could be shipped past its proper maturity period, which could provide the consumer with an inferior product. 
This change would not create any 
additional burdens for producers, handlers, or importers. The April 15 end date reflects the break in schedules the industry has used to delineate one schedule from the next, and it remains applicable for all listings on the shipping schedule, apart from the Guatemalan seedling. The April 15 end date would provide more than enough time to harvest and ship those varieties listed on the schedule. 
For those varieties covered under the 
Guatemalan seedling, Committee data indicates most shipments are completed before the first week in June. This change would provide an additional week beyond June 1 for handlers to ship any remaining avocados covered by the Guatemalan seedling requirements. Also, by establishing a clear end date, handlers would be able to adjust their shipping dates accordingly to meet the new requirements. Establishing an end date of June 8 for maturity requirements for the Guatemalan seedling would provide sufficient time for avocados to ship under this designation, while helping prevent the shipment of overmature fruit. 
This rule would provide clarity 
regarding the maturity schedule and dates in effect, assist with compliance to help ensure a quality product reaches consumers, and reflect current industry practices. The benefits of this rule are expected to be equally available to all fresh avocado growers, handlers, and 
importers, regardless of their sizes of operations. 
One alternative to this action would 
be to maintain the current maturity requirements without establishing end dates for the maturity schedule. However, the Committee recognized that shipments have changed over the years and wanted to provide clarity regarding the maturity schedule. Another alternative considered was establishing an end date for the requirements for Guatemalan seedling of June 30. In discussing this date, Committee members expressed concern that this date was past the proper maturity for this fruit and would allow inferior fruit to enter the market. The Committee believes establishing the changes in this proposed rule, rather than the alternatives, would assist with compliance and help ensure a quality product reaches consumers. Therefore, the Committee rejected these alternatives. 
Committee meetings were widely 
publicized throughout the avocado industry. All interested persons were invited to attend Committee meetings and participate in Committee deliberations on all issues. Like all Committee meetings, the October 14, 2020, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Interested persons are invited to submit comments on this proposed rule, including the regulatory and informational collection impacts of this action on small businesses. 
In accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order’s information collection requirements have been previously approved by the OMB and assigned OMB No. 0581–0189, Fruit Crops. No changes in those requirements would be necessary as a result of this proposed rule. Should any changes become necessary, they would be submitted to OMB for approval. 
This proposed rule would not impose 
any additional reporting or recordkeeping requirements on either small or large avocado handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule. 
AMS is committed to complying with 
the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. 
A small business guide on complying 
with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/rules-regulations/ moa/small-businesses. Any questions 
about the compliance guide should be sent to Richard Lower at the previously mentioned address in the 
FOR FURTHER  
INFORMATION CONTACT section. 
In accordance with section 8e of the 
Act, the United States Trade Representative has concurred with the issuance of this proposed rule. A 60-day comment period is provided 
to allow interested persons to respond 
to this proposed rule. All written comments timely received will be considered before a final determination is made on this matter. 
List of Subjects 7 CFR Part 915 
Avocados, Marketing agreements, 
Reporting and recordkeeping 
requirements. 
7 CFR Part 944 
Avocados, Food grades and standards, 
Grapefruit, Grapes, Imports, Kiwifruit, 
Limes, Olives, Oranges. 
For the reasons set forth in the 
preamble, 7 CFR parts 915 and 944 are proposed to be amended as follows: 
PART 915—AVOCADOS GROWN IN 
SOUTH FLORIDA 
■1. The authority citation for part 915 
continues to read as follows: 
Authority: 7 U.S.C. 601–674. 
■2. Section 915.332 is amended by 
adding paragraph (a)(4) to read as follows: 
§ 915.332 Florida avocado maturity 
regulation. 
(a) * * * 
(4) The requirements listed in table I 
of this section are in effect annually 
from April 16 through April 15 of the following year, with an exception for the requirements for Guatemalan seedling which are in effect annually from June 9 to June 8 of the following year. 
* * * * * 
PART 944—FRUITS; IMPORT 
REGULATIONS 
■3. The authority citation for part 944 
continues to read as follows: 
Authority: 7 U.S.C. 601–674. 
■4. Section 944.31 is amended by 
adding paragraph (a)(4) to read as follows: 
§ 944.31 Avocado import maturity 
regulation. 
(a) * * * 
(4) The requirements listed in table I 
of this section are in effect annually 
from April 16 through April 15 of the following year, with an exception for the requirements for Guatemalan seedling which are in effect annually 
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from June 9 to June 8 of the following 
year. 
* * * * * 
Erin Morris, 
Associate Administrator, Agricultural 
Marketing Service. 
[FR Doc. 2021–17235 Filed 8–11–21; 8:45 am] 
BILLING CODE 3410–02–P 
NUCLEAR REGULATORY 
COMMISSION 
10 CFR Part 50 
[Docket No. PRM–50–116; NRC–2018–0201] 
Elimination of Immediate Notification 
Requirements for Nonemergency Events 
AGENCY : Nuclear Regulatory 
Commission. 
ACTION : Petition for rulemaking; 
consideration in the rulemaking process. 
SUMMARY : The U.S. Nuclear Regulatory 
Commission (NRC) will consider in its rulemaking process issues raised in a petition for rulemaking (PRM), dated August 2, 2018, submitted by Mr. Bill Pitesa on behalf of the Nuclear Energy Institute. The petition was docketed by the NRC on November 20, 2018, and assigned Docket No. PRM–50–116. The petitioner requested that the NRC amend its regulations to eliminate immediate notification requirements for nonemergency events for operating nuclear power reactors. The NRC will evaluate the current requirements and guidance for immediate notification of nonemergency events for operating nuclear power reactors, assess whether the requirements present an unnecessary reporting burden, and if they do, determine whether reporting can be reduced or eliminated that does not have a commensurate safety benefit. 
DATES : The docket for the petition for 
rulemaking, PRM–50–116, is closed on August 12, 2021. 
ADDRESSES : Please refer to Docket ID 
NRC–2018–0201 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods: 
•Federal Rulemaking Website: Go to 
https://www.regulations.gov and search 
for Docket ID NRC–2018–0201 or the future rulemaking Docket ID NRC– 2020–0036. Address questions about NRC dockets to Dawn Forder; telephone: 301–415–3407; email: Dawn.Forder@nrc.gov. For technical questions, contact the individual listed 
in the 
FOR FURTHER INFORMATION  
CONTACT section of this document. 
•NRC’s Agencywide Documents 
Access and Management System (ADAMS): You may obtain publicly 
available documents online in the ADAMS Public Documents collection at 
https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select 
‘‘Begin Web-Based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, at 301–415–4737, or by email to pdr.resource@nrc.gov. For the 
convenience of the reader, instructions about obtaining materials referenced in this document are provided in the ‘‘Availability of Documents’’ section. 
•Attention: The PDR, where you may 
examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 
1–800–397–4209 between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays. 
FOR FURTHER INFORMATION CONTACT : 
Daniel Doyle, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 3748, email: Daniel.Doyle@nrc.gov. 
SUPPLEMENTARY INFORMATION : 
Table of Contents 
I. The Petition 
II. Public Comments on the Petition III. Reasons for Consideration IV. Availability of Documents V. Conclusion 
I. The Petition 
Section 2.802 of title 10 of the Code 
of Federal Regulations (10 CFR), 
‘‘Petition for rulemaking—requirements for filing,’’ provides an opportunity for any person to petition the Commission to issue, amend, or rescind any regulation. The NRC received and docketed a PRM dated August 2, 2018, filed by Mr. Bill Pitesa on behalf of the Nuclear Energy Institute (NEI). The NRC assigned this PRM the docket number of PRM–50–116. On November 20, 2018 (83 FR 58509), the NRC published a notice of docketing and request for comment on PRM–50–116 in the Federal Register. The petitioner requests that the NRC revise its regulations in 10 CFR 50.72, ‘‘Immediate notification requirements for operating nuclear power reactors,’’ to remove the current requirement for licensees to immediately report nonemergency events that occur at operating nuclear power reactors. The petitioner states that licensees currently have procedures for responding to 
nonemergency events and ensuring that NRC resident inspectors are notified of nonemergency events independent of the requirements in § 50.72. The petitioner did not request removal of § 50.72 in its entirety, only the nonemergency notification requirements in § 50.72(b). The petitioner believes that ‘‘duplicative notifications under § 50.72 serve no safety function and are not needed to prevent or minimize possible injury to the public or to allow the NRC to take necessary action.’’ 
The petitioner suggests that in lieu of 
the currently required notifications, the NRC should establish guidance for the resident inspectors that provides consistent and standard expectations for using the existing communication protocols that the petitioner claims have proven to be effective for communicating from the site to the resident inspectors and, from there, to NRC management. 
II. Public Comments on the Petition 
On November 20, 2018, the NRC 
requested comments from the public on 
the petition and posed five specific questions to gain a better understanding of the scope and basis for the issues raised by the petitioner. The comment period ended on February 4, 2019, and the NRC received 16 public comments. Eleven comments (from NEI and nuclear power reactor licensees) supported the petition, one comment (from two private citizens) partially supported the petition, two comments (from a private citizen and a nongovernmental 
organization) opposed the petition, and two comments (from private citizens) were out of scope. The following is a summary of the comments organized by the specific questions in the notice of docketing. 
In the first question, the NRC 
requested feedback on how stakeholders review and use the information contained in nonemergency event notifications, and how they would be affected if all nonemergency event notifications were eliminated. Two private citizens stated that they do not regularly review notifications on the NRC’s website, but the information may be beneficial to maintain for public review. The same commenters supported the removal of redundancies in communication and suggested that the NRC maintain only those § 50.72 requirements that do not have a corresponding § 50.73, ‘‘Licensee event report system’’ report so the public is kept informed. 
Several industry commenters also 
responded to this question. While their comments varied regarding the level of 
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