9724 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Chapter I 

[NRC–2023–0133] 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: We are publishing our 

semiannual regulatory agenda (the 

Agenda) in accordance with Public Law 

96–354, ‘‘The Regulatory Flexibility 

Act,’’ and Executive Order 12866, 

‘‘Regulatory Planning and Review.’’ The 

NRC’s Agenda is a compilation of all 

rulemaking activities on which we have 

recently completed action or have 

proposed or are considering action. We 

have completed 7 rulemaking activities 

and classified 2 rulemaking activities as 

inactive since our last Agenda was 

issued online at the Office of 

Management and Budget’s website at 

https://www.reginfo.gov on June 13, 

2023. This issuance of our Agenda 

contains 29 active and 22 long-term 

rulemaking activities: 3 are 

Economically Significant in accordance 

with Section 3(f)(1) of E.O. 12866; 18 

represent Other Significant agency 

priorities; 31 are Substantive, 

Nonsignificant rulemaking activities; 2 

are Routine and Frequent rulemaking 

activities; and 4 are Administrative 

rulemaking activities. In addition, 7 

rulemaking activities impact small 

entities. 

FOR FURTHER INFORMATION CONTACT: 

Cindy K. Bladey, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone: 

301–415–3280; email: Cindy.Bladey@

nrc.gov. Persons outside the 

Washington, DC, metropolitan area may 

call toll-free: 1–800–368–5642. For 

further information on the substantive 

content of any rulemaking activity listed 

in the Agenda, contact the individual 

listed under the heading ‘‘Agency 

Contact’’ for that rulemaking activity. 

SUPPLEMENTARY INFORMATION: 

Obtaining Information 

Please refer to Docket ID NRC–2023– 

0133 when contacting the NRC about 

the availability of information for this 

document. You may obtain publicly 

available information related to this 

document by any of the following 

methods: 

• Federal rulemaking website: Go to

https://www.regulations.gov and search 

for Docket ID NRC–2023–0133. 

• NRC’s PDR: You may examine and

purchase copies of public documents, 

by appointment, at the NRC’s Public 

Document Room, Room P1 B35, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 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. 

• Reginfo.gov:

Æ For completed rulemaking

activities, go to https://www.reginfo.gov/ 

public/do/eAgendaHistory?showStage=

completed, select ‘‘Fall 2023 The 

Regulatory Plan and the Unified Agenda 

of Federal Regulatory and Deregulatory 

Actions’’ from drop down menu, and 

select ‘‘Nuclear Regulatory 

Commission’’ from drop down menu. 

Æ For active rulemaking activities go 

to https://www.reginfo.gov/public/do/ 

eAgendaMain and select ‘‘Nuclear 

Regulatory Commission’’ from drop 

down menu. 

Æ For long-term rulemaking activities 

go to https://www.reginfo.gov/public/ 

do/eAgendaMain, select link for 

‘‘Current Long Term Actions,’’ and 

select ‘‘Nuclear Regulatory 

Commission’’ from drop down menu. 

Æ For inactive rulemaking activities 

go to https://www.reginfo.gov/public/ 

do/eAgendaInactive, select the 

corresponding Unified Agenda cycle 

from drop down menu, and select 

‘‘Nuclear Regulatory Commission’’ from 

drop down menu. 

Introduction 

The Agenda is a compilation of all 

rulemaking activities on which an 

agency has recently completed action or 

has proposed or is considering action. 

The Agenda reports rulemaking 

activities in three major categories: 

completed, active, and long-term. 

Completed rulemaking activities are 

those that were completed since 

publication of an agency’s last Agenda; 

active rulemaking activities are those for 

which an agency currently plans to have 

an Advance Notice of Proposed 

Rulemaking, a Proposed Rule, or a Final 

Rule issued within the next 12 months; 

and long-term rulemaking activities are 

rulemaking activities under 

development but for which an agency 

does not expect to have a regulatory 

action within the 12 months after 

publication of the current edition of the 

Unified Agenda. 

The NRC assigns a ‘‘Regulation 

Identifier Number’’ (RIN) to a 

rulemaking activity when the 

Commission initiates a rulemaking and 

approves a rulemaking plan, or when 

the NRC staff begins work on a 

Commission-delegated rulemaking that 

does not require a rulemaking plan. The 

Office of Management and Budget uses 

this number to track all relevant 

documents throughout the entire 

‘‘lifecycle’’ of a particular rulemaking 

activity. The NRC reports all rulemaking 

activities in the Agenda that have been 

assigned a RIN and meet the definition 

for a completed, an active, or a longterm rulemaking activity. 

The information contained in this 

Agenda is updated to reflect agency 

priorities, planning and coordination of 

public engagement efforts, and 

regulatory actions that have occurred on 

a rulemaking activity since publication 

of our last Agenda on July 27, 2023. 

Specifically, the information in this 

Agenda has been updated through 

August 17, 2023. The NRC provides 

additional information on planned 

rulemaking and petition for rulemaking 

activities, including priority and 

schedule, in the NRC’s Rulemaking 

Tracking System on our website at 

https://www.nrc.gov/reading-rm/doccollections/rulemaking-ruleforum/ 

active/ruleindex.html. 

The date for the next scheduled action 

under the heading ‘‘Timetable’’ is the 

date the next regulatory action for the 

rulemaking activity is scheduled to be 

published in the Federal Register. The 

date is considered tentative and is not 

binding on the Commission or its staff. 

The Agenda is intended to provide the 

public early notice and opportunity to 

participate in our rulemaking process. 

However, we may consider or act on any 

rulemaking activity even though it is not 

included in the Agenda. 

Section 610 Periodic Reviews Under 

The Regulatory Flexibility Act 

Section 610 of the Regulatory 

Flexibility Act (RFA) requires agencies 

to conduct a review within 10 years of 

issuance of those regulations that have 

or will have a significant economic 

impact on a substantial number of small 

entities. We undertake these reviews to 

decide whether the rules should be 

unchanged, amended, or withdrawn. 

We have initiated one review that has a 

significant economic impact on a 

substantial number of small entities. 

Please see docket NRC–2023–0062 at 

https://www.regulations.gov to comment 

on NRC’s newly initiated review, 

‘‘Section 610 Review of Physical 

Protection of Byproduct Material’’. A 

complete listing of our regulations that 

impact small entities and related Small 

Entity Compliance Guides are available 

from the NRC’s website at https://

www.nrc.gov/about-nrc/regulatory/ 


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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 9725 

rulemaking/flexibility-act/smallentities.html. 

Public Comments Received on the NRC 

Unified Agenda 

The comment period on the NRC’s 

last Agenda (published on July 27, 2023 

(88 FR 48688) closed on August 28, 

2023. The NRC did not receive any 

comments on its Spring 2023 Agenda. 

The NRC will request public comment 

on its Spring 2024 Agenda. 

For the Nuclear Regulatory Commission. 

Cindy K. Bladey, 

Chief, Regulatory Analysis and Rulemaking 

Support Branch, Division of Rulemaking, 

Environmental, and Financial Support, Office 

of Nuclear Material Safety and Safeguards. 

NUCLEAR REGULATORY COMMISSION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

604 .................... Physical Protection of Byproduct Material [NRC–2023–0062] (Section 610 Review) ................................... 3150–AK94 

NUCLEAR REGULATORY COMMISSION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

605 .................... Revision to the NRC’s Acquisition Regulation (NRCAR) [NRC–2014–0033] ................................................. 3150–AJ36 

606 .................... Revision of Fee Schedules: Fee Recovery for Fiscal Year 2024 [NRC–2022–0046] .................................... 3150–AK74 

NUCLEAR REGULATORY COMMISSION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

607 .................... Items Containing Byproduct Material Incidental to Production [NRC–2015–0017] ......................................... 3150–AJ54 

608 .................... Revision of Fee Schedules: Fee Recovery for FY 2025 [NRC–2023–0069] .................................................. 3150–AK95 

NUCLEAR REGULATORY COMMISSION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

609 .................... Revision of Fee Schedules: Fee Recovery for FY 2023 [NRC–2021–0024] .................................................. 3150–AK58 

NUCLEAR REGULATORY 

COMMISSION (NRC) 

Prerule Stage 

604. Physical Protection of Byproduct

Material [NRC–2023–0062] (Section 610

Review) [3150–AK94]

Legal Authority: 42 U.S.C. 2201; 42 

U.S.C. 5841 

Abstract: On March 19, 2013, the U.S. 

Nuclear Regulatory Commission (NRC) 

promulgated Physical Protection of 

Byproduct Material (78 FR 16922). The 

rule amended NRC’s regulations to 

establish security requirements for the 

use and transport of category 1 and 

category 2 quantities of radioactive 

material. Subsequently, on September 

30, 2014, the NRC promulgated 

Safeguards Information—Modified 

Handling Categorization; Change for 

Materials Facilities (79 FR 58664), to 

protect security-related information for 

large irradiators, manufacturers and 

distributors, and for the transport of 

category 1 quantities of radioactive 

material using the information 

protection requirements in Part 37. This 

new entry in the regulatory agenda 

announces that NRC plans to conduct a 

review of this action pursuant to section 

610 of the Regulatory Flexibility Act (5 

U.S.C. 610) to determine if the 

provisions that could affect small 

entities should be continued without 

change or should be rescinded or 

amended to minimize adverse economic 

impacts on small entities. As part of this 

review, NRC will consider the following 

factors: (1) The continued need for the 

rule; (2) the nature of complaints or 

comments received concerning the rule; 

(3) the complexity of the rule; (4) the

extent to which the rule overlaps,

duplicates, or conflicts with other

Federal, State, or local government

rules; and (5) the degree to which the

technology, economic conditions or

other factors have changed in the area

affected by the rule. As part of this

review, the NRC will solicit public

comments

Timetable: 

Action Date FR Cite 

Begin Review ...... 11/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jill Shepherd, 

Nuclear Regulatory Commission, Office 

of Nuclear Material Safety and 

Safeguards, Washington, DC 20555– 

0001, Phone: 301 415–1230, Email: 

jill.shepherd@nrc.gov. 

RIN: 3150–AK94 

NUCLEAR REGULATORY 

COMMISSION (NRC) 

Proposed Rule Stage 

605. Revision to the NRC’s Acquisition

Regulation (NRCAR) [NRC–2014–0033]

[3150–AJ36]

Legal Authority: 42 U.S.C. 2201; 42 

U.S.C. 5841 

Abstract: This rulemaking would 

amend the NRC’s acquisition regulation 

that governs the procurement of goods 

and services for the agency. The 

purpose of this rulemaking is to update 

the NRC’s acquisitions regulations 

(NRCAR) to conform with external 

regulations, incorporate NRC 

organizational changes, and remove 

outdated or obsolete information. The 

revisions would affect both internal and 


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9726 Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / UA: Reg Flex Agenda 

external stakeholders (contractors) and 

are needed to support current NRC 

contracting policies and ensure 

openness, transparency, and 

effectiveness in agency acquisitions. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jill Daly, Nuclear 

Regulatory Commission, Office of 

Administration, Washington, DC 20055– 

0001, Phone: 301 415–8079, Email: 

jill.daly@nrc.gov. 

RIN: 3150–AJ36 

606. Revision of Fee Schedules: Fee 

Recovery for Fiscal Year 2024 [NRC– 

2022–0046] [3150–AK74] 

Legal Authority: 31 U.S.C. 483; 42 

U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C. 

5841 

Abstract: This rulemaking would 

amend the NRC’s regulations for fee 

schedules. The NRC conducts this 

rulemaking annually to recover, to the 

maximum extent practicable, 

approximately 100 percent of the NRC’s 

budget authority, less the budget 

authority for excluded activities to 

implement the Nuclear Energy 

Innovation and Modernization Act. This 

rulemaking would affect the fee 

schedules for licensing, inspection, and 

annual fees charged to the NRC’s 

applicants and licensees. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/24 

Final Rule ............ 05/00/24 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Anthony Rossi, 

Nuclear Regulatory Commission, Office 

of the Chief Financial Officer, 

Washington, DC 20555–0001, Phone: 

301 415–7341, Email: anthony.rossi@

nrc.gov. 

RIN: 3150–AK74 

NUCLEAR REGULATORY 

COMMISSION (NRC) 

Long-Term Actions 

607. Items Containing Byproduct 

Material Incidental to Production 

[NRC–2015–0017] [3150–AJ54] 

Legal Authority: 42 U.S.C. 2201; 42 

U.S.C. 5841 

Abstract: This rulemaking would 

amend the NRC’s regulations regarding 

requirements for track-etched 

membranes that have been irradiated 

with mixed fission products during the 

production process. The rule also would 

accommodate the licensing and 

distribution of other irradiated products 

(e.g., gemstones) without the need for a 

specific exemption for each distributor. 

This rulemaking would affect the 

licensees and applicants for items 

containing byproduct material 

incidental to production. The 

rulemaking addresses a petition for 

rulemaking (PRM–30–65). 

Timetable: 

Action Date FR Cite 

Regulatory Basis 02/02/21 86 FR 7819 

Regulatory Basis 

Comment Period End.

04/05/21 

NPRM .................. 06/27/22 87 FR 38012 

NPRM Comment 

Period End.

09/12/22 

Final Rule ............ 12/00/25 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Caylee Kenny, 

Nuclear Regulatory Commission, Office 

of Nuclear Material Safety and 

Safeguards, Washington, DC 20555– 

0001, Phone: 301 415–7150, Email: 

caylee.kenny@nrc.gov. 

RIN: 3150–AJ54 

608. Revision of Fee Schedules: Fee 

Recovery for FY 2025 [NRC–2023–0069] 

[3150–AK95] 

Legal Authority: 31 U.S.C. 483; 42 

U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C. 

5841 

Abstract: This rulemaking would 

amend the NRC’s regulations for fee 

schedules. The NRC conducts this 

rulemaking annually to recover, to the 

maximum extent practicable, 

approximately 100 percent of the NRC’s 

budget authority, less the budget 

authority for excluded activities to 

implement the Nuclear Energy 

Innovation and Modernization Act. 

NEIMA requires that the FY 2025 fees 

be collected by September 30, 2025. 

This rulemaking would affect the fee 

schedules for licensing, inspection, and 

annual fees charged to the NRC’s 

applicants and licensees. 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/25 

Final Rule ............ 05/00/25 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jo Jacobs, Nuclear 

Regulatory Commission, Office of the 

Chief Financial Officer, Washington, DC 

20555–0001, Phone: 301 415–8388, 

Email: jo.jacobs@nrc.gov. 

RIN: 3150–AK95 

NUCLEAR REGULATORY 

COMMISSION (NRC) 

Completed Actions 

609. Revision of Fee Schedules: Fee 

Recovery for FY 2023 [NRC–2021–0024] 

[3150–AK58] 

Legal Authority: 31 U.S.C. 483; 42 

U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C. 

5841 

Abstract: This rulemaking would 

amend the NRC’s regulations for fee 

schedules. The NRC conducts this 

rulemaking annually to recover 

approximately 100 percent of the NRC’s 

annual budget authority, less excluded 

activities to implement NEIMA. This 

rulemaking would affect the fee 

schedules for licensing, inspection, and 

annual fees charged to the NRC’s 

applicants and licensees. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/03/23 88 FR 13357 

NPRM Comment 

Period End.

04/03/23 

Final Rule ............ 06/15/23 88 FR 39120 

Final Rule Effective.08/14/23 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Anthony Rossi, 

Nuclear Regulatory Commission, Office 

of the Chief Financial Officer, 

Washington, DC 20555–0001, Phone: 

301 415–7341, Email: anthony.rossi@

nrc.gov. 

RIN: 3150–AK58 

[FR Doc. 2024–00468 Filed 2–8–24; 8:45 am] 

BILLING CODE 7590–01–P 


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