This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

65110 

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: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend 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: Submit comments by January 18, 

2019. 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. 

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. Plain Writing 

V. Availability of Documents 

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 

publishing this proposed rule 

concurrently with a direct final rule in 

the Rules and Regulations section of this 

issue of the Federal Register. The direct 

final rule will become effective on 

March 4, 2019. However, if the NRC 

receives significant adverse comments 

on this proposed rule by January 18, 

2019, then the NRC will publish a 

document that withdraws the direct 

final rule. If the direct final rule is 

withdrawn, the NRC will address the 

comments received in response to these 

proposed revisions in a subsequent final 

rule. Absent significant modifications to 

the proposed revisions requiring 

republication, the NRC will not initiate 

a second comment period on this action 

in the event the direct final rule is 

withdrawn. 

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-andVerDate Sep<11>2014 18:08 Dec 18, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\19DEP1.SGM 19DEP1

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Federal Register / Vol. 83, No. 243 / Wednesday, December 19, 2018 / Proposed Rules 65111 

comment 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 procedural information, see the 

direct final rule published in the Rules 

and Regulations section of this issue of 

the Federal Register. 

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. 

Thus, based on the results of this 

biennial review, § 9.37(a) will be 

changed from a GG–7/step 6 salary rate 

to a GG–9/step 7 salary rate; and 

§ 9.37(b) will be changed from a GG–13/ 

step 6 salary rate to a GG–14/step 7 

salary rate. 

IV. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, 

well-organized manner that also follows 

other best practices appropriate to the 

subject or field and the intended 

audience. 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). 

The NRC requests comment on the 

proposed rule with respect to clarity 

and effectiveness of the language used. 

V. Availability of Documents 

The NRC may post materials related 

to this document, including public 

comments, on the Federal Rulemaking 

website at http://www.regulations.gov 

under Docket ID NRC–2017–0144. The 

Federal Rulemaking website allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2017–0144); (2) click the 

‘‘Sign up for Email Alerts’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

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 proposing 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 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. 2018–27168 Filed 12–18–18; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 590 

Filing of Contracts and Purchase 

Agreements Associated With the 

Export of Natural Gas 

AGENCY: Office of Fossil Energy, 

Department of Energy. 

ACTION: Proposed interpretive rule. 

SUMMARY: The Department of Energy 

(DOE or the Department) is proposing 

an interpretive rule to clarify certain 

DOE regulations governing the export of 

natural gas, including liquefied natural 

gas (LNG), under the Natural Gas Act 

(NGA). Under DOE’s regulations, any 

person seeking authorization to export 

natural gas from the United States, or to 

amend an existing export authorization, 

must provide DOE’s Office of Fossil 

Energy (DOE/FE) with a copy of ‘‘all 

relevant contracts and purchase 

agreements.’’ DOE is proposing this 

interpretive rule to clarify the types of 

contracts and purchase agreements 

associated with the export of natural gas 

that DOE considers to be ‘‘relevant’’ for 

purposes of these regulations. DOE’s 


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