83172 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Notices 

LICENSE AMENDMENT REQUEST(S)—REPEAT OF INDIVIDUAL FEDERAL REGISTER NOTICE—Continued 

Date & Cite of Federal Register Individual Notice.October 26, 2023; 88 FR 73628. 

Expiration Dates for Public Comments & Hearing Requests.November 27, 2023 (comments); December 26, 2023 (hearing requests). 

Dated: November 16, 2023. 

For the Nuclear Regulatory Commission. 

Jamie M. Heisserer, 

Deputy Director, Division of Operating 

Reactor Licensing, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2023–25746 Filed 11–27–23; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket No. 99902056; NRC–2023–0186] 

Tennessee Valley Authority; Clinch 

River Nuclear Site 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption in response to an August 17, 

2023, request from Tennessee Valley 

Authority from certain requirements of 

NRC regulations pertaining to the 

submission of a construction permit 

application. 

DATES: The exemption was issued on 

November 21, 2023. 

ADDRESSES: Please refer to Docket ID 

NRC–2023–0186 when contacting the 

NRC about the availability of 

information regarding this document. 

You may obtain publicly available 

information related to this document 

using any of the following methods: 

• Federal Rulemaking website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2023–0186. Address 

questions about Docket IDs to Stacy 

Schumann; telephone: 301–415–0624; 

email: Stacy.Schumann@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. The NRC’s 

response letter to TVA on the request for 

exemption from certain requirements of 

paragraph 2.101(a)(5) of title 10 of the 

Code of Federal Regulations (10 CFR) 

and NRC’s supporting safety evaluation 

are available in ADAMS under 

Accession Nos. ML23045A008 and 

ML23114A098, respectively. 

• 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 (ET), Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Allen Fetter, Office of Nuclear Reactor 

Regulation, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001; telephone: 301–415–8556; email: 

Allen.Fetter@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemption is attached. 

Dated: November 21, 2023. 

Brian W. Smith, 

Director, Division of New and Renewed 

Licenses, Office of Nuclear Reactor 

Regulation. 

Attachment—Exemption 

NUCLEAR REGULATORY 

COMMISSION 

Docket No. 99902056 

Tennessee Valley Authority Clinch 

River Nuclear Site, Construction Permit 

Application Submittal Exemption 

I. Background 

Tennessee Valley Authority (TVA) is 

currently the holder of an early site 

permit (ESP) for the Clinch River 

Nuclear (CRN) Site in Oak Ridge, 

Tennessee. ESP–006 was issued to TVA 

on December 19, 2019 (Agencywide 

Documents Access and Management 

System (ADAMS) Accession No. 

ML1919352D341). Prior to the issuance 

of ESP–006, the NRC prepared a final 

environmental impact statement (FEIS) 

to support the agency’s licensing 

decision. Subsequently, TVA completed 

a programmatic environmental impact 

statement (PEIS) for the CRN Site 

Advanced Nuclear Reactor Technology 

Park (published in the Federal Register 

on July 29, 2022). TVA intends to 

submit a construction permit (CP) 

application for a license to construct a 

small modular reactor (SMR) at the CRN 

Site and intends to submit the CP 

application in two parts, in accordance 

with the provisions of Title 10 of the 

Code of Federal Regulations 2.101(a)(5). 

Because of the extent and recency of 

environmental information gathered for 

the ESP and the PEIS at the CRN site, 

TVA anticipates the CP application 

environmental report (ER) could be 

available for submittal in advance of the 

preliminary safety analysis report 

(PSAR). 

II. Request/Action 

TVA submitted an exemption request 

to the NRC via a letter on August 17, 

2023, titled ‘‘Request for Exemption 

from Certain Requirements of 10 CFR 

2.101(a)(5),’’ (ML23229A569). 

Specifically, TVA requested an 

exemption from the portion of 10 CFR 

2.101(a)(5) which states, ‘‘[w]hichever 

part [of the application] is filed first 

shall also include the fee required by 

§§ 50.30(e) and 170.21 of this chapter 

and the information required by 

§§ 50.33, 50.34(a)(1), or 52.79(a)(1), as 

applicable, and § 50.37 of this chapter.’’ 

TVA specifically requests that the 

information required by 10 CFR 

50.34(a)(1) (i.e., a portion of the PSAR) 

be deferred to the second part of the 

submittal. TVA intends to submit the ER 

required by 10 CFR 50.30(f) as the first 

part of the CP application, preceding the 

portion of the PSAR required by 10 CFR 

50.34(a)(1), which would be submitted 

as the second part of the CP application. 

III. Discussion 

The requirements of both parts of a 

two-part application are delineated in 

10 CFR 2.101(a)(5), which states that 

‘‘[o]ne part shall be accompanied by the 

information required by 10 CFR 50.30(f) 

[ER],’’ while ‘‘[t]he other part shall 

include information required by 10 CFR 

50.34(a) [PSAR] and, if applicable, 10 

CFR 50.34a.’’ 

In addition to these requirements, 10 

CFR 2.101(a)(5) also requires that 

whichever part is filed first shall 

contain the following as part of the 

submittal: 

• the filing fee required by 10 CFR 

50.30(e) and 10 CFR 170.21; 

• the general information required by 

10 CFR 50.33; 


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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Notices 83173 

• the portion of the PSAR required by 

10 CFR 50.34(a)(1); and 

• the agreement limiting access to 

Classified Information required by 10 

CFR 50.37. 

TVA requested an exemption from the 

requirement to submit the portion of the 

PSAR required by 10 CFR 50.34(a)(1) 

with the first part of the application. 

TVA intends to submit the ER required 

by 50.30(f) as the first part of the CP 

application and the PSAR required by 

10 CFR 50.34(a) as the second part of 

the CP application. TVA states there 

will be no more than six months 

between submittals. 

TVA proposes to submit the following 

information in the first part of the CP 

application: 

• the filing fee required by 10 CFR 

50.33(e) and 10 CFR 170.21; 

• the general information required by 

10 CFR 50.33; 

• the agreement limiting access to 

Classified Information required by 10 

CFR 50.37; and 

• the ER required by 10 CFR 50.30(f). 

TVA proposes to submit the following 

information in the second part of the CP 

application: 

• the PSAR required by 10 CFR 

50.34(a); and information required by 10 

CFR 50.34a(a) and (b). 

Because the staff’s review of an ER 

can be done independently from the 

review of a PSAR, the staff finds that 

there are no issues associated with the 

ER coming to NRC up to six months 

before the PSAR. The ER, however, 

would need to contain all the necessary 

safety-related information for the NRC 

staff to prepare an environmental 

impact statement (EIS), as required by 

10 CFR 51.41 and as described in 

Regulatory Guide 4.2 and NUREG–1555. 

The information subsequently provided 

in the PSAR would also need to be 

consistent with the information 

provided in the ER as any discrepancies 

could potentially impact the staff’s 

environmental review. 

Pursuant to 10 CFR 50.12, the 

Commission may, upon application by 

any interested person or upon its own 

initiative, grant exemptions from the 

requirements of 10 CFR part 50 when: 

(1) the exemptions are authorized by 

law, will not present an undue risk to 

public health or safety, and are 

consistent with the common defense 

and security; and (2) special 

circumstances are present, as defined in 

10 CFR 50.12(a)(2). 

A. The Exemption Is Authorized by Law 

The proposed exemption would not 

result in a violation of the Atomic 

Energy Act of 1954, as amended, or the 

Commission’s regulations. Therefore, 

the exemption is authorized by law. 

B. The Exemption Presents No Undue 

Risk to Public Health and Safety 

The submittal of an application and 

the NRC review of said application and 

preparation of a final EIS and a final 

safety evaluation report (FSER) are 

administrative actions. Therefore, 

exempting TVA from certain application 

submission requirements under 10 CFR 

2.101(a)(5) does not present an undue 

risk to public health and safety. A CP 

allowing for the construction of a 

nuclear power plant cannot be issued by 

the Commission until the staff 

completes their review of the entire CP 

application and issues the FEIS and 

final safety evaluation report (FSER), 

irrespective of whether the CP 

application is submitted in two parts 

and regardless of which part of the 

application is filed first. 

C. The Exemption Is Consistent With the 

Common Defense and Security 

The order and timing of submittal of 

parts of a CP application has no relation 

to security issues. Therefore, the 

common defense and security is not 

affected by this exemption. 

D. Special Circumstances 

In accordance with 10 CFR 

50.12(a)(2), the NRC will not consider 

granting an exemption to its regulations 

unless special circumstances are 

present. As stipulated in 10 CFR 

50.12(a)(2)(ii), special circumstances are 

present whenever application of the 

regulation in particular circumstances 

would not serve the underlying purpose 

of the rule or is not necessary to achieve 

the underlying purpose of the rule. The 

underlying purpose of 10 CFR 

2.101(a)(5) is to facilitate the application 

submittal process for CP applicants and 

reduce the time required to bring online 

nuclear power plants which satisfy all 

safety and environmental requirements 

(73 FR 20963, 20970; April 17, 2008). 

TVA has indicated that, without the 

requested exemption, their CP 

application development and submittal 

process could be potentially delayed 

such that the application of the rule 

would not serve the underlying purpose 

of facilitating the application process. 

Therefore, because the application of 

the relevant portions of 10 CFR 

2.101(a)(5) is not necessary to achieve 

the underlying purpose of the rule, the 

special circumstances requirement in 10 

CFR 50.12 for the granting of an 

exemption from 10 CFR 2.101(a)(5) is 

met. 

E. Environmental Considerations 

The NRC has determined that the 

issuance of the requested exemption 

meets the provisions of the categorical 

exclusion in 10 CFR 51.22(c)(25). Under 

10 CFR 51.22(c)(25), the granting of an 

exemption from the requirements of any 

regulation of Chapter 10 qualifies as a 

categorical exclusion if: (i) there is no 

significant hazards consideration; (ii) 

there is no significant change in the 

types or significant increase in the 

amounts of any effluents that may be 

released offsite; (iii) there is no 

significant increase in individual or 

cumulative public or occupational 

radiation exposure; (iv) there is no 

significant construction impact; (v) 

there is no significant increase in the 

potential for or consequences from 

radiological accidents; and (vi) the 

requirements from which an exemption 

is sought involves one of several 

matters, including scheduling 

requirements (§ 51.22(c)(25)(iv)(G)). The 

basis for NRC’s determination is 

provided in the following evaluation of 

the requirements in 10 CFR 

51.22(c)(25)(i)–(vi). 

Requirements in 10 CFR 51.22(c)(25)(i) 

To qualify for a categorical exclusion 

under 10 CFR 51.22(c)(25)(i), the 

exemption must involve a no significant 

hazards consideration. The criteria for 

making a no significant hazards 

consideration determination are found 

in 10 CFR 50.92(c). The NRC has 

determined that the granting of the 

exemption request involves no 

significant hazards consideration 

because the exemption involves 

administrative filing requirements. The 

exemption would allow the information 

required for the first part of the CP 

application under 10 CFR 2.101(a)(5) to 

be deferred to the second part of the 

submittal. As such, the exemption does 

not (1) involve a significant increase in 

the probability or consequences of an 

accident previously evaluated; or (2) 

create the possibility of a new or 

different kind of accident from any 

accident previously evaluated; or (3) 

involve a significant reduction in a 

margin of safety. Therefore, the 

requirements of 10 CFR 51.22(c)(25)(i) 

are met. 

Requirements in 10 CFR 51.22(c)(25)(ii) 

and (iii) 

The exemption involves 

administrative filing requirements. The 

exemption would allow the information 

required for the first part of the CP 

application under 10 CFR 2.101(a)(5) to 

be deferred to the second part of the 

submittal. As such, the exemption is 


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83174 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Notices 

1See Docket No. RM2018–3, Order Adopting 

Final Rules Relating to Non-Public Information, 

June 27, 2018, Attachment A at 19–22 (Order No. 

4679). 

administrative in nature, does not 

involve any change in the types or 

significant increase in the amounts of 

effluents that may be released offsite, 

and does not contribute to any 

significant increase in occupational or 

public radiation exposure. Accordingly, 

there is no significant change in the 

types or significant increase in the 

amounts of any effluents that may be 

released offsite, and no significant 

increase in individual or cumulative 

public or occupational radiation 

exposure. Therefore, the requirements of 

10 CFR 51.22(c)(25)(ii) and (iii) are met. 

Requirements in 10 CFR 51.22(c)(25)(iv) 

The exempted regulation is not 

associated with construction, and the 

exemption does not propose any 

changes to the site, alter the site, or 

change the operation of the site. 

Therefore, the requirements of 10 CFR 

51.22(c)(25)(iv) are met because there is 

no significant construction impact. 

Requirements in 10 CFR 51.22(c)(25)(v) 

The exemption involves 

administrative filing requirements. The 

exemption would allow the information 

required for the first part of the CP 

application under 10 CFR 2.101(a)(5) to 

be deferred to the second part of the 

submittal. As such, the exemption does 

not impact the probability or 

consequences of accidents. Thus, there 

is no significant increase in the 

potential for, or consequences of, a 

radiological accident. Therefore, the 

requirements of 10 CFR 51.22(c)(25)(v) 

are met. 

Requirements in 10 CFR 51.22(c)(25)(vi) 

To qualify for a categorical exclusion 

under 10 CFR 51.22(c)(25)(vi), the 

exemption must be from certain 

requirements only. Subsection 

(c)(25)(vi)(G) allows scheduling 

requirements to be subject to a 

categorial exclusion. The exemption 

involves scheduling requirements 

because it involves administrative filing 

requirements. The exemption would 

allow the information required for the 

first part of the CP application under 10 

CFR 2.101(a)(5) to be deferred to the 

second part of the submittal. Therefore, 

the requirements of 10 CFR 

51.22(c)(25)(vi) are met. 

Based on the above, the NRC 

concludes that the proposed exemption 

meets the eligibility criteria for a 

categorical exclusion set forth in 10 CFR 

51.22(c)(25). Therefore, pursuant to 10 

CFR 51.22(b), no environmental impact 

statement or environmental assessment 

need be prepared in connection with the 

granting of this exemption request. 

IV. Conclusion 

Accordingly, the NRC has determined 

that, pursuant to 10 CFR 50.12, this 

exemption is authorized by law, will not 

present an undue risk to the public 

health and safety, and is consistent with 

the common defense and security. Also, 

special circumstances, as defined in 10 

CFR 50.12(a)(2), are present. Therefore, 

the NRC hereby grants the applicant a 

one-time exemption from the specific 

requirement of 10 CFR 2.101(a)(5) to file 

a portion of the PSAR as part of the first 

submittal in the two-part application 

submittal process. The decision to issue 

TVA this exemption does not constitute 

approval of the CP application TVA 

intends to submit. The NRC staff will 

determine if the application is sufficient 

for docketing and the application would 

be reviewed using established NRC 

license review processes and standards. 

The complete application must meet all 

applicable regulatory requirements 

before a CP is issued by NRC. 

This exemption is effective upon 

issuance. 

Dated at Rockville, Maryland, this 21st day 

of November 2023. 

For the Nuclear Regulatory Commission. 

Brian W. Smith, 

Director, Division of New and Renewed 

Licenses, Office of Nuclear Reactor 

Regulation. 

[FR Doc. 2023–26138 Filed 11–27–23; 8:45 am] 

BILLING CODE 7590–01–P 

POSTAL REGULATORY COMMISSION 

[Docket Nos. CP2022–94; MC2024–69 and 

CP2024–70] 

New Postal Products 

AGENCY: Postal Regulatory Commission. 

ACTION: Notice. 

SUMMARY: The Commission is noticing a 

recent Postal Service filing for the 

Commission’s consideration concerning 

a negotiated service agreement. This 

notice informs the public of the filing, 

invites public comment, and takes other 

administrative steps. 

DATES: Comments are due: December 1, 

2023. 

ADDRESSES: Submit comments 

electronically via the Commission’s 

Filing Online system at http://

www.prc.gov. Those who cannot submit 

comments electronically should contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section by 

telephone for advice on filing 

alternatives. 

FOR FURTHER INFORMATION CONTACT: 

David A. Trissell, General Counsel, at 

202–789–6820. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. Docketed Proceeding(s) 

I. Introduction 

The Commission gives notice that the 

Postal Service filed request(s) for the 

Commission to consider matters related 

to negotiated service agreement(s). The 

request(s) may propose the addition or 

removal of a negotiated service 

agreement from the Market Dominant or 

the Competitive product list, or the 

modification of an existing product 

currently appearing on the Market 

Dominant or the Competitive product 

list. 

Section II identifies the docket 

number(s) associated with each Postal 

Service request, the title of each Postal 

Service request, the request’s acceptance 

date, and the authority cited by the 

Postal Service for each request. For each 

request, the Commission appoints an 

officer of the Commission to represent 

the interests of the general public in the 

proceeding, pursuant to 39 U.S.C. 505 

(Public Representative). Section II also 

establishes comment deadline(s) 

pertaining to each request. 

The public portions of the Postal 

Service’s request(s) can be accessed via 

the Commission’s website (http://

www.prc.gov). Non-public portions of 

the Postal Service’s request(s), if any, 

can be accessed through compliance 

with the requirements of 39 CFR 

3011.301.1

The Commission invites comments on 

whether the Postal Service’s request(s) 

in the captioned docket(s) are consistent 

with the policies of title 39. For 

request(s) that the Postal Service states 

concern Market Dominant product(s), 

applicable statutory and regulatory 

requirements include 39 U.S.C. 3622, 39 

U.S.C. 3642, 39 CFR part 3030, and 39 

CFR part 3040, subpart B. For request(s) 

that the Postal Service states concern 

Competitive product(s), applicable 

statutory and regulatory requirements 

include 39 U.S.C. 3632, 39 U.S.C. 3633, 

39 U.S.C. 3642, 39 CFR part 3035, and 

39 CFR part 3040, subpart B. Comment 

deadline(s) for each request appear in 

section II. 

II. Docketed Proceeding(s) 

1. Docket No(s).: CP2022–94; Filing 

Title: USPS Notice of Amendment to 

Priority Mail Express, Priority Mail, 

First-Class Package Service & Parcel 

Select Contract 19, Filed Under Seal, 


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