This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

65075 

Vol. 83, No. 243 

Wednesday, December 19, 2018 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 9 

[NRC–2017–0144] 

RIN 3150–AK06 

Update to Fees for Search and Review 

of Agency Records by NRC Personnel 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to revise the fees charged for 

search and review of agency records by 

NRC personnel in response to certain 

Freedom of Information Act (FOIA) 

requests. These revisions are being 

made to ensure the NRC recovers direct 

costs of these activities, as required by 

the FOIA. 

DATES: This direct final rule is effective 

March 4, 2019, unless significant 

adverse comments are received by 

January 18, 2019. If this direct final rule 

is withdrawn as a result of such 

comments, timely notice of the 

withdrawal will be published in the 

Federal Register. Comments received 

after this date will be considered if it is 

practical to do so, but the NRC is able 

to ensure consideration only for 

comments received on or before this 

date. Comments received on this direct 

final rule will also be considered to be 

comments on a companion proposed 

rule published in the Proposed Rules 

section of this issue of the Federal 

Register. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0144. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

(Eastern Time) Federal workdays; 

telephone: 301–415–1677. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Blaney, Office of the Chief 

Information Officer, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

6975; email: Stephanie.Blaney@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Obtaining Information and Submitting 

Comments 

II. Rulemaking Procedure 

III. Background 

IV. Discussion of Changes 

V. Plain Writing 

VI. National Environmental Policy Act 

VII. Paperwork Reduction Act Statement 

VIII. Regulatory Flexibility Certification 

IX. Congressional Review Act 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2017– 

0144 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0144. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://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, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The ADAMS accession number 

for each document referenced (if it is 

available in ADAMS) is provided the 

first time that it is mentioned in this 

document. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2017– 

0144 in your comment submission. 

The NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at http://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Rulemaking Procedure 

Because the NRC considers this action 

to be non-controversial, the NRC is 

using the ‘‘direct final rule procedure’’ 

for this rule. The rule will become 

effective on March 4, 2019. However, if 

the NRC receives significant adverse 

comments on this direct final rule by 

January 18, 2019, then the NRC will 

publish a document that withdraws this 

action and will subsequently address 

the comments received in a final rule as 

a response to the companion proposed 

rule published in the Proposed Rules 

section of this issue of the Federal 

Register. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 


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65076 Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 

not initiate a second comment period on 

this action. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(a) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(b) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(c) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the NRC staff 

to make a change (other than editorial) 

to the rule. 

For detailed instructions on filing 

comments, please see the ADDRESSES

section of this document. 

III. Background 

The FOIA provides that any person 

has a right to request and obtain access 

to federal agency records, except to the 

extent that any portions of those records 

are exempt from public disclosure. The 

FOIA also authorizes agencies to issue 

regulations specifying a schedule of fees 

for the processing of those requests (5 

U.S.C. 552(a)(4)(A). These fees are 

limited to reasonable standard charges 

for document search, duplication, and 

review, which may be charged 

depending on the purpose for which the 

records are sought and the class of 

requestor. The NRC’s implementing 

FOIA regulations are found in part 9 of 

Title 10 of the Code of Federal 

Regulations (10 CFR). The NRC charges 

fees for the search and review of agency 

records in accordance with § 9.37, ‘‘Fees 

for search and review of agency records 

by NRC personnel,’’ (although as 

specified in § 9.39, ‘‘Search and 

duplication provided without charge,’’ 

the NRC will search for records in some 

instances without charge, and requests 

for waivers or reduction of fees can be 

sought as specified in § 9.41, ‘‘Requests 

for waiver or reduction of fees’’). 

Consistent with Office of Management 

and Budget (OMB) guidelines on fee 

schedules (52 FR 10012; March 27, 

1987), the NRC recoups the direct costs 

of search and review by charging the 

hourly rates of the employees 

performing the task, plus 16 percent for 

fringe benefits. These OMB guidelines 

also provide that, where a homogenous 

or single class of personnel is used, 

agencies may establish reasonable 

average rates for the range of salary 

grades typically involved. 

The NRC first established fees for 

search and review of agency records in 

1987 (52 FR 49350; December 31, 1987), 

and last updated these fees in 2010 (75 

FR 41368; July 16, 2010). Recently, as 

part of the agency’s biennial review of 

fees performed under the Chief 

Financial Officers Act of 1990 (31 U.S.C. 

902(a)(8)), the NRC determined that the 

search and review rates for agency 

clerical staff and for professional/ 

managerial staff needed to be increased 

in order to ensure the NRC continues to 

recover the direct costs of these 

activities. 

Section 9.37 paragraph (a) will be 

changed from a GG–7/step 6 salary rate 

to a GG–9/step 7 salary rate; and 

paragraph (b) will be changed from a 

GG–13/step 6 salary rate to a GG–14/ 

step 7 salary rate. 

IV. Discussion of Changes 

The FOIA authorizes agencies to issue 

regulations specifying a schedule of fees 

for processing requests from any person 

who requests access to federal agency 

records. Consistent with OMB fee 

schedule guidelines, the NRC recoups 

the costs associated with the search and 

review of documents by charging the 

hourly rates of the employees 

performing the task, plus 16 percent for 

fringe benefits. The NRC last updated 

these fees in 2010. During the agency’s 

biennial review of fees, it was 

determined that these fees needed to be 

increased in order to ensure the NRC 

recovers the direct costs of these 

activities. 

V. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC has 

written this document to be consistent 

with the Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31883). 

VI. National Environmental Policy Act 

The NRC has determined that this 

direct final rule is the type of action 

described in 10 CFR 51.22(c)(1). 

Therefore, neither an environmental 

impact statement nor an environmental 

assessment has been prepared for this 

direct final rule. 

VII. Paperwork Reduction Act 

Statement 

This direct final rule does not contain 

a collection of information as defined in 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) and, therefore, 

is not subject to the requirements of the 

Paperwork Reduction Act of 1995. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

VIII. Regulatory Flexibility 

Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the NRC 

certifies that this direct final rule will 

not, if issued, have a significant 

economic impact on a substantial 

number of small entities. Search and 

review fees, which are borne by persons 

who voluntarily submit FOIA requests 

and represent only reasonable costs 

associated with the NRC’s processing of 

such requests, are typically nominal. 

Additionally, as discussed above, the 

FOIA and NRC regulations provide 

means by which persons can request 

waiver or reduction of fees. 

IX. Congressional Review Act 

This direct final rule is a rule as 

defined in the Congressional Review 

Act (5 U.S.C. 801–808). However, OMB 

has not found it to be a major rule as 

defined in the Congressional Review 

Act. 

List of Subjects in 10 CFR Part 9 

Administrative practice and 

procedure, Courts, Criminal penalties, 

Freedom of information, Government 

employees, Privacy, Reporting and 

recordkeeping requirements, Sunshine 

Act. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553, the NRC is adopting the 

following amendments to 10 CFR part 9: 

PART 9—PUBLIC RECORDS 

■ 1. The authority citation for part 9 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

sec. 161 (42 U.S.C. 2201); Energy 


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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Rules and Regulations 65077 

Reorganization Act of 1974, sec. 201 (42 

U.S.C. 5841); 44 U.S.C. 3504 note. 

Subpart A also issued under 31 U.S.C. 

9701. 

Subpart B also issued under 5 U.S.C. 552a. 

Subpart C also issued under 5 U.S.C. 552b. 

■ 2. In § 9.37, revise paragraphs (a) and 

(b) to read as follows: 

§ 9.37 Fees for search and review of 

agency records by NRC personnel. 

* * * * * 

(a) Clerical search and review at a 

salary rate that is equivalent to a GG–9/ 

step 7, plus 16 percent fringe benefits; 

(b) Professional/managerial search 

and review at a salary rate that is 

equivalent to a GG–14/step 7, plus 16 

percent fringe benefits; and 

* * * * * 

Dated at Rockville, Maryland, this 3rd day 

of December 2018. 

For the Nuclear Regulatory Commission. 

Margaret M. Doane, 

Executive Director for Operations. 

[FR Doc. 2018–27434 Filed 12–18–18; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[NRC–2018–0075] 

RIN 3150–AK12 

List of Approved Spent Fuel Storage 

Casks: NAC International NAC–UMS®

Universal Storage System, Certificate 

of Compliance No. 1015, Amendment 

No. 6 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of January 7, 2019, for the 

direct final rule that was published in 

the Federal Register on October 22, 

2018. This direct final rule amends the 

NRC’s spent fuel storage regulations by 

revising the NAC International NAC– 

UMS® listing within the ‘‘List of 

approved spent fuel storage casks’’ to 

include Amendment No. 6 to Certificate 

of Compliance No. 1015. Amendment 

No. 6 revises the technical 

specifications of the certificate of 

compliance to: Remove a redundant 

requirement for inspection of the 

concrete cask and canister; revise a 

limiting condition of operation for heat 

removal to clarify that ‘‘LCO not met’’ 

means that the concrete heat removal 

system is inoperable; remove an 

inspection requirement that is already 

covered by limiting condition of 

operation surveillance requirements for 

off-normal, accident, or natural 

phenomenon events; and clarify that 

‘‘immediate’’ restoration of a concrete 

cask’s heat removal capabilities means 

‘‘within the design-basis time limit’’ in 

Section 11.2.13 of the final safety 

analysis report, ‘‘or within the time 

limit for a less than design-basis heat 

load case, as evaluated.’’ Amendment 

No. 6 also clarifies that a limiting 

condition of operation for loaded cask 

surface dose rates applies prior to 

storage conditions, when dose rates will 

be highest. 

DATES: Effective date: The effective date 

of January 7, 2019, for the direct final 

rule published October 22, 2018 (83 FR 

53159), is confirmed. 

ADDRESSES: Please refer to Docket ID 

NRC–2018–0075 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 

http://www.regulations.gov and search 

for Docket ID NRC–2018–0075. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@nrc.gov. For 

technical questions, contact the 

individuals listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

http://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, 301– 

415–4737, or by email to pdr.resource@

nrc.gov. The proposed amendment to 

the certificate, the proposed Appendices 

A and B to the technical specifications, 

and preliminary safety evaluation report 

are available in ADAMS under 

Accession No. ML18088A169. The final 

amendment to the certificate, final 

appendices to the technical 

specifications, and final safety 

evaluation report can also be viewed in 

ADAMS under Accession No. 

ML18333A232. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Bernard H. White, Office of Nuclear 

Material Safety and Safeguards; 

telephone: 301–415–6577; email: 

Bernard.White@nrc.gov or Robert D. 

MacDougall, Office of Nuclear Material 

Safety and Safeguards; telephone: 301– 

415–5175; email: Robert.MacDougall@

nrc.gov. Both are staff of the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: On 

October 22, 2018 (83 FR 53159), the 

NRC published a direct final rule 

amending its regulations in part 72 of 

title 10 of the Code of Federal 

Regulations by revising the NAC 

International NAC–UMS® listing within 

the ‘‘List of approved spent fuel storage 

casks’’ to include Amendment No. 6 to 

Certificate of Compliance No. 1015. 

Amendment No. 6 revises the technical 

specifications of the certificate of 

compliance to: Remove a redundant 

requirement for inspection of the 

concrete cask and canister; revise a 

limiting condition of operation for heat 

removal to clarify that ‘‘LCO not met’’ 

means that the concrete heat removal 

system is inoperable; remove an 

inspection requirement that is already 

covered by limiting condition of 

operation surveillance requirements for 

off-normal, accident, or natural 

phenomenon events; and clarify that 

‘‘immediate’’ restoration of a concrete 

cask’s heat removal capabilities means 

‘‘within the design-basis time limit’’ in 

Section 11.2.13 of the final safety 

analysis report, ‘‘or within the time 

limit for a less than design-basis heat 

load case, as evaluated.’’ Amendment 

No. 6 also clarifies that a limiting 

condition of operation for loaded cask 

surface dose rates applies prior to 

storage conditions, when dose rates will 

be highest. In the direct final rule, the 

NRC stated that if no significant adverse 

comments were received, the direct 

final rule would become effective on 

January 7, 2019. The NRC did not 

receive any comments on the direct 

final rule. Therefore, this direct final 

rule will become effective as scheduled. 

Dated at Rockville, Maryland, this 13th day 

of December 2018. 

For the Nuclear Regulatory Commission. 

Cindy K. Bladey, 

Chief, Regulatory Analysis and Rulemaking 

Support Branch, Division of Rulemaking, 

Office of Nuclear Material Safety and 

Safeguards. 

[FR Doc. 2018–27436 Filed 12–18–18; 8:45 am] 

BILLING CODE 7590–01–P 


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