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

60565 

Vol. 88, No. 170 

Tuesday, September 5, 2023 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 140 

[NRC–2023–0110] 

RIN 3150–AL01 

Inflation Adjustments to the PriceAnderson Act Financial Protection 

Regulations 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is amending its 

regulations to adjust for inflation the 

maximum total and annual standard 

deferred premiums specified in the 

Price-Anderson Act. The NRC must 

perform this adjustment at least once 

during each 5-year period following 

August 20, 2003, as mandated by the 

Atomic Energy Act of 1954, as amended 

(AEA). 

DATES: This final rule is effective on 

October 5, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2023–0110 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–2023–0110. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@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 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. The ADAMS 

accession number for each document 

referenced (if it is available in ADAMS) 

is provided the first time that it is 

mentioned in the SUPPLEMENTARY

INFORMATION section. 

• NRC’s PDR: The PDR, where you 

may examine and order copies of 

publicly available documents, is open 

by appointment. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8 a.m. and 4 p.m. eastern 

time, Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Stewart Schneider, Office of Nuclear 

Material Safety and Safeguards, 

telephone: 301–415–4123, email: 

Stewart.Schneider@nrc.gov and Mable 

Henderson, Office of Nuclear Material 

Safety and Safeguards, telephone: 301– 

415–3760, email: Mable.Henderson@

nrc.gov. Both are employees of the NRC. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Discussion 

III. Rulemaking Procedure 

IV. Regulatory Flexibility Certification 

V. Regulatory Analysis 

VI. Backfitting and Issue Finality 

VII. Plain Writing 

VIII. National Environmental Policy Act 

IX. Paperwork Reduction Act 

X. Congressional Review Act 

I. Background 

The NRC’s regulations in part 140 of 

title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Financial 

Protection Requirements and Indemnity 

Agreements,’’ implement the financial 

protection requirements of certain 

licensees and other persons under 

section 170 of the AEA, also known as 

the Price-Anderson Act (Pub. L. 85–256, 

71 Stat. 576), as amended and codified 

at 42 U.S.C. 2210. In 2005, Congress 

amended section 170 of the AEA (Pub. 

L. 109–58, 119 Stat. 780) to require the 

NRC to adjust for inflation the 

maximum total and annual standard 

deferred premiums that may be charged 

to a licensee following a nuclear 

incident. These adjustments must be 

performed not less than once during 

each 5-year period following August 20, 

2003, in accordance with the aggregate 

percentage change in the Consumer 

Price Index (CPI) (https://www.bls.gov/ 

cpi) for all urban consumers published 

by the Secretary of Labor. The NRC 

made the first periodic inflation 

adjustment required by this section on 

September 29, 2008 (73 FR 56451). The 

NRC last adjusted this amount in 2018, 

establishing the current maximum total 

deferred premium at $131,056,000, and 

the maximum annual deferred premium 

at $20,496,000 (83 FR 48202; September 

24, 2018.) This final rule makes the 

fourth required periodic inflation 

adjustment and results in a maximum 

total premium of $158,026,000 and an 

annual standard deferred premium of 

$24,714,000. 

II. Discussion 

Section 170(t) of the AEA (42 U.S.C. 

2210(t)) requires the NRC to ‘‘adjust the 

amount of the maximum total and 

annual standard deferred premium not 

less than once during each 5-year period 

following August 20, 2003, in 

accordance with the aggregate 

percentage change in the Consumer 

Price Index,’’ since the previous 

adjustment. These amounts are codified 

in § 140.11, ‘‘Amounts of financial 

protection for certain reactors.’’ 

Accordingly, the NRC is amending 

§ 140.11(a)(4) to adjust for the increase 

in inflation, since the last adjustment to 

these amounts was made in 2018. 

The inflation adjustment that the NRC 

made on September 24, 2018 (83 FR 

48202), which took effect on November 

1, 2018, raised the maximum total 

deferred premium in § 140.11(a)(4) to 

$131,056,000 and the maximum annual 

deferred premium to $20,496,000. The 

CPI figure used in calculating this 

adjustment was 251.588 (May 2018). 

The inflation adjustment issued in this 

final rule is based on the change in the 

CPI between March 2019 and April 

2023. During this period the CPI 

changed from 243.801 to 303.363. This 

represents an increase of approximately 

24.44 percent. The adjustment 

methodology used to calculate these 

values is described on the Bureau of 

Labor Statistics’ website (https://

www.bls.gov). When this increase is 

applied to the maximum total and 

annual standard deferred premiums and 

rounded to the nearest thousand, the 


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60566 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 

new maximum total deferred premium 

is $158,026,000, and the maximum 

annual deferred premium is 

$24,714,000. Section 140.11(a)(4) is 

amended accordingly. 

III. Rulemaking Procedure 

This final rule is being 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 therefore 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 because the PriceAnderson Act requires these nondiscretionary adjustments in the 

maximum total and annual standard 

deferred premiums. Requesting public 

comment on these adjustments, which 

are made pursuant to a formula required 

by statute, would not result in a change 

to the adjusted amount. Consistent with 

this finding of good cause, and as 

permitted by 5 U.S.C. 808(2), the NRC 

has determined that the effective date of 

this rule will be October 5, 2023. 

IV. Regulatory Flexibility Certification 

The Regulatory Flexibility Act does 

not apply to regulations for which a 

Federal agency is not required by law, 

including the rulemaking provisions of 

the Administrative Procedure Act, 5 

U.S.C. 553(b), to publish a general 

notice of proposed rulemaking (5 U.S.C. 

604). As discussed in this document 

under Section III, ‘‘Rulemaking 

Procedure,’’ the NRC is not publishing 

this final rule for notice and comment. 

Accordingly, the NRC has determined 

that the requirements of the Regulatory 

Flexibility Act do not apply to this final 

rule. 

V. Regulatory Analysis 

A regulatory analysis has not been 

prepared for this final rule. As 

discussed in this document under 

Section III, ‘‘Rulemaking Procedure,’’ 

the Price-Anderson Act requires that the 

NRC perform this rulemaking according 

to a formula required by statute. This 

final rule does not involve an exercise 

of Commission discretion. 

VI. Backfitting and Issue Finality 

The NRC has not prepared a backfit 

analysis for this final rule. This final 

rule does not involve any provision that 

would impose a backfit, nor is it 

inconsistent with any issue finality 

provision, as those terms are defined in 

10 CFR chapter I. These mandatory 

adjustments are non-discretionary, 

required by statute, and do not represent 

any change in position by the NRC with 

respect to the design, construction, or 

operation of a licensed facility. 

VII. 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 31885). 

VIII. National Environmental Policy 

Act 

The NRC has determined that this 

final rule is the type of action described 

in § 51.22(c)(1). Therefore, neither an 

environmental impact statement nor 

environmental assessment has been 

prepared for this final rule. 

IX. Paperwork Reduction Act 

This final rule does not contain any 

new or amended collections of 

information subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). Existing collections of 

information were approved by the 

Office of Management and Budget 

(OMB), approval number 3150–0039. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

document requesting or requiring the 

collection displays a currently valid 

OMB control number. 

X. Congressional Review Act 

This final rule is a rule as defined in 

the Congressional Review Act (5 U.S.C. 

801–808). The Office of Management 

and Budget has found it to be a major 

rule as defined in the Congressional 

Review Act. As explained under Section 

III, ‘‘Rulemaking Procedure,’’ the NRC 

has found good cause that solicitation of 

public comment on this final rule is 

unnecessary. Therefore, consistent with 

5 U.S.C. 808(2), the NRC has determined 

that the effective date of this rule will 

be October 5, 2023, in lieu of the 

customary 60-day delay in effectiveness 

for ‘‘major rules’’ under the 

Congressional Review Act. 

List of Subjects in 10 CFR Part 140 

Criminal penalties, Extraordinary 

nuclear occurrence, Insurance, 

Intergovernmental relations, Nuclear 

materials, Nuclear power plants and 

reactors, Penalties, Reporting and 

recordkeeping requirements. 

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; and 5 U.S.C. 552 and 553, 

the NRC is adopting the following 

amendment to 10 CFR part 140: 

PART 140—FINANCIAL PROTECTION 

REQUIREMENTS AND INDEMNITY 

AGREEMENTS 

■ 1. The authority citation for part 140 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 161, 170, 223, 234 (42 U.S.C. 2201, 

2210, 2273, 2282); Energy Reorganization Act 

of 1974, secs. 201, 202 (42 U.S.C. 5841, 

5842); 44 U.S.C. 3504 note. 

§ 140.11 [Amended] 

■ 2. In § 140.11(a)(4), remove the 

number ‘‘$131,056,000’’ and add in its 

place the number ‘‘$158,026,000’’ and 

remove the number ‘‘$20,496,000’’ and 

add in its place the number 

‘‘$24,714,000’’. 

Dated: August 29, 2023. 

For the Nuclear Regulatory Commission. 

Catherine Haney, 

Acting Executive Director for Operations. 

[FR Doc. 2023–19009 Filed 9–1–23; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1808; Project 

Identifier MCAI–2023–00906–E; Amendment 

39–22537; AD 2023–17–11] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Deutschland Ltd & Co KG Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Rolls-Royce Deutschland Ltd & Co KG 

(RRD) Model BR700–715A1–30, BR700– 

715B1–30, and BR700–715C1–30 

engines. This AD was prompted by 

reports of malformed scallop edge 

geometry and surface conditions at the 

front flange scallops of affected lowpressure compressor (LPC) booster 

rotors. This AD requires repetitive 

fluorescent penetrant inspections (FPIs) 


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