Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices 56869 

amount of indemnification provided 

under subsection 170d. of the Atomic 

Energy Act of 1954 (AEA), 42 U.S.C. 

2210d., commonly known as the PriceAnderson Act. Subsection 170t. of the 

AEA requires an inflation adjustment of 

the indemnification amount at least 

once during each 5-year period 

following July 1, 2003, in accordance 

with the aggregate percentage change in 

the Consumer Price Index (CPI) . This 

notice announces $12,697,798,000 as 

the second inflation-adjusted amount 

based on the aggregate percentage 

change in the CPI during the 5-year 

period from July 2008 to July 2013. 

DATES: This action is effective 

September 16, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Sophia Angelini, Attorney Advisor (GC– 

52), Office of the General Counsel, U.S. 

Department of Energy, 1000 

Independence Ave. SW., Washington, 

DC 20585, (202) 586–0319. 

SUPPLEMENTARY INFORMATION: The PriceAnderson Act, section 170 of the AEA 

(42 U.S.C. 2210), establishes a system of 

financial protection for persons who 

may be liable for a ‘‘nuclear incident,’’ 

as defined at section 11q. of the AEA (42 

U.S.C. 2014q.). The Price-Anderson Act 

is administered by the DOE with respect 

to the nuclear activities of contractors 

acting on DOE’s behalf. Subsection 

170d. provides that the Secretary of 

Energy shall enter into agreements of 

indemnification with any person who 

may conduct activities under a contract 

with DOE that involve the risk of public 

liability and that are not subject to the 

financial protection requirements of the 

Nuclear Regulatory Commission system. 

DOE’s Price-Anderson Act 

indemnification contract provisions are 

codified in the Department of Energy 

Acquisition Regulation (DEAR), which 

sets forth a standard nuclear 

indemnification clause, the Nuclear 

Hazard Indemnity Clause at 48 CFR 

952.250–70, that is incorporated into all 

DOE contracts and subcontracts 

involving source, special nuclear, or byproduct material. 

Subsection 170t.(2) of the AEA 

requires that the Secretary adjust for 

inflation the amount of indemnification 

provided under an indemnification 

agreement pursuant to subsection 170d. 

at least once during each 5-year period 

following July 1, 2003, in accordance 

with the aggregate percentage change in 

the Consumer Price Index (CPI). The CPI 

is defined in subsection 170t.(3) to mean 

the CPI for all urban consumers 

published by the Secretary of Labor. 

DOE’s initial adjustment increased the 

indemnification amount to $11.961 

billion, 74 FR 52793 (October 14, 2009). 

This notice announces DOE’s second 

periodic inflation adjustment for the 

5-year period following July 1, 2013 

based on the aggregate percentage 

change in the CPI between July 1, 2008 

and July 1, 2013. 

The CPI in July 2008 was 219.964. In 

June 2013, the CPI was 233.504. This 

difference represents an increase of 

approximately 6.16%. Application of 

this increase to the initial inflationadjusted $11.961 billion DOE 

indemnification amount results in an 

inflation-adjusted indemnification 

amount rounded to the nearest thousand 

of $12,697,798,000. 

The inflation adjustment under AEA, 

subsection 170t., applies only to a 

nuclear incident within the United 

States. There is no corresponding 

inflation adjustment for a nuclear 

incident outside the United States. 

Accordingly, the indemnification 

amount for a nuclear incident outside 

the United States continues to be $500 

million. 

The next inflation adjustment will be 

based on the incremental change in the 

CPI between July 1, 2013 and the date 

of the adjustment, which will be no later 

than July 1, 2018. 

This notice of indemnification 

inflation adjustment is a ‘‘rule’’ as 

defined in the Administrative Procedure 

Act (APA) (5 U.S.C. 551(4)). However, 

the APA (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, DOE has 

concluded that solicitation of public 

comment is unnecessary. Congress has 

required DOE to adjust the amount of 

indemnification provided under an 

agreement of indemnification pursuant 

to section 170d. to reflect inflation in 

the initial and each subsequent 5-year 

period following July 1, 2003. The 

statute provides no discretion regarding 

the substance of the adjustment. DOE is 

required only to perform a ministerial 

computation to determine the relevant 

amount. On the same basis, DOE finds 

good cause, pursuant to 5 U.S.C. 

553(d)(3) to waive the requirement for a 

30-day delay in the effective date for 

this rule. As such, this rule is effective 

September 16, 2013. 

DOE has determined that this notice 

of indemnification inflation adjustment 

is the type of action that does not 

individually or cumulatively have a 

significant impact on the human 

environment as set forth in DOE’s 

regulations implementing the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.). Specifically, the 

rule is covered under the categorical 

exclusion in paragraph A6 of Appendix 

A to subpart D, 10 CFR part 1021, which 

applies to rulemakings that are strictly 

procedural. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

Issued in Washington, DC, on September 6, 

2013. 

Ernest J. Moniz, 

Secretary of Energy. 

[FR Doc. 2013–22494 Filed 9–13–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Nuclear Infrastructure Programmatic 

Environmental Impact Statement 

Supplement Analysis Determination 

for Plutonium-238 Production for 

Radioisotope Power Systems 

AGENCY: Department of Energy. 

ACTION: Notice of availability of 

supplement analysis and determination. 

SUMMARY: The Department of Energy 

(DOE) has completed the Supplement 

Analysis (SA) of the Programmatic 

Environmental Impact Statement for 

Accomplishing Expanded Civilian 

Nuclear Energy Research and 

Development and Isotope Production 

Missions in the United States, Including 

the Role of the Fast Flux Test Facility 

(Nuclear Infrastructure or NI PEIS) 

(DOE/EIS–0310) published in December 

2000. In accordance with DOE’s 

National Environmental Policy Act 

(NEPA) Implementing Procedures at 10 

CFR 1021.314, DOE has determined that 

the SA has not identified substantial 

changes to the original proposal for 

production of Pu-238 analyzed in the NI 

PEIS or significant new circumstances 

or information relevant to 

environmental concerns which would 

warrant preparation of a supplement to 

the NI PEIS or a new EIS and that the 

NI PEIS Record of Decision (ROD) 

published on January 26, 2001 (66 FR 

7877) may be implemented without any 

additional NEPA review. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the Pu-238 

Production Program, please contact: Ms. 

Rebecca Onuschak, Pu-238 Production 

Program Manager, Office of Space and 

Defense Power Systems (NE–75), Office 

of Nuclear Energy, U.S. Department of 

Energy, 1000 Independence Ave. SW., 

Washington, DC 20585, Phone 301–903– 

0023, Rebecca.onuschak@

nuclear.energy.gov. 

mstockstill on DSK4VPTVN1PROD with NOTICES

56870 Federal Register / Vol. 78, No. 179 / Monday, September 16, 2013 / Notices 

For copies of the SA and the 

Determination or information on NEPA 

analysis for Pu-238 production, please 

contact: 

Dr. Rajendra Sharma, NEPA 

Compliance Officer, Office of Nuclear 

Energy (NE–31), U.S. Department of 

Energy, 1000 Independence Ave. SW., 

Washington, DC 20585, Phone 301–903– 

2899, rajendra.sharma@

nuclear.energy.gov. 

For general information on the DOE 

NEPA process, please contact: Ms. Carol 

Borgstrom, Director, Office of NEPA 

Policy and Compliance (GC–54), U.S. 

Department of Energy, 1000 

Independence Ave. SW., Washington, 

DC 20585, Phone 202–586–4600; leave a 

message at 1–800–472–2756; facsimile 

202–586–7031; or send email to: 

asknepa@hq.doe.gov. 

SUPPLEMENTARY INFORMATION

Background 

DOE published a Federal Register 

notice (78 FR 1848) on January 9, 2013, 

to announce its intent to implement the 

decision made in 2001 for production of 

Pu-238, which was based on the 

analyses conducted in the NI PEIS 

(DOE/EIS–0310) issued in 2000. 

Because the NI PEIS was published 13 

years ago, the Department decided to 

conduct a supplement analysis of the NI 

PEIS to ascertain if there are significant 

new circumstances or new information 

relevant to environmental concerns 

which should be analyzed prior to 

implementing the 2001 decision. 

This NI PEIS SA (DOE/EIS–0310–SA– 

02) was prepared in accordance with 

DOE’s NEPA Implementing Procedures 

at 10 CFR 1021.314. The relevant 

environmental aspects analyzed in the 

NI PEIS were re-analyzed, as necessary, 

with updated information. The 

Department also analyzed the 

alternatives which were evaluated in the 

NI PEIS, including any additional 

reasonable alternatives that may warrant 

analysis and consideration in the SA. 

The proposed action as analyzed in the 

NI PEIS has not changed except for the 

change in storage location of 

neptunium-237 (Np-237, the target 

material) from the Oak Ridge National 

Laboratory (ORNL) in Tennessee to the 

Materials and Fuels Complex at the 

Idaho National Laboratory (INL) in 

Idaho. After completing an earlier SA 

(DOE/EIS–0310–SA–01), the 

Department published an Amended 

Record of Decision for this change of 

storage location in August 2004 (69 FR 

50180). After completing this SA, the 

Department has determined that the 

analysis contained in the NI PEIS, 

including the analysis of alternatives, is 

still valid. There are no significant new 

circumstances or information relevant to 

environmental concerns which would 

warrant preparation of a supplement to 

the NI PEIS or a new EIS. Therefore, the 

Department reaffirms the decision made 

in the NI PEIS ROD (January 26, 2001; 

66 FR 7877) for production of up to five 

kilograms of Pu-238 per year using the 

Advanced Test Reactor at INL and the 

High Flux Isotope Reactor at ORNL to 

irradiate Np-237 targets, and using the 

Radiochemical Engineering 

Development Center (REDC) at ORNL to 

fabricate Np-237 targets and isolate Pu238. The processing of Pu-238 into fuel 

pellets at the Los Alamos National 

Laboratory (LANL) in New Mexico and 

assembly and testing of radioisotope 

power systems (RPSs) at INL in existing 

facilities will continue as ongoing 

operations. The RPSs are used to 

support the National Aeronautics and 

Space Administration and national 

security missions. 

The NI PEIS SA, including the 

determination, has been posted on the 

DOE NEPA Web site at http://

energy.gov/nepa/supplement-analysessa, with internet links provided on the 

Office of Nuclear Energy (http://

energy.gov/ne/), Idaho Operations Office 

(http://www.id.energy.gov/insideNEID/

PublicInvolvement.htm), and Oak Ridge 

Office (http://www.oakridge.doe.gov/

external/) Web sites. Copies of the SA 

and the determination have been placed 

in the DOE public reading room(s) in 

Washington, DC; Idaho Falls, Idaho; and 

Oak Ridge, Tennessee; for a reasonable 

period of time. Copies may also be 

requested from Dr. Rajendra Sharma at 

the address provided above. 

Issued in Washington, DC, on September 

10, 2013. 

Peter B. Lyons, 

Assistant Secretary for Nuclear Energy. 

[FR Doc. 2013–22452 Filed 9–13–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

DOE/NSF Nuclear Science Advisory 

Committee 

AGENCY: Office of Science, Department 

of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the DOE/NSF Nuclear 

Science Advisory. Committee (NSAC). 

The Federal Advisory Committee Act 

(Pub. L. 92–463, 86 Stat. 770) requires 

that public notice of these meetings be 

announced in the Federal Register. 

DATES: Monday, October 7, 2013, 9:00 

a.m.–5:00 p.m. 

ADDRESSES: Gaithersburg Marriott 

Washingtonian Center, 9751 

Washingtonian Boulevard, Gaithersburg, 

Maryland 20878, 301–590–0044. 

FOR FURTHER INFORMATION CONTACT: 

Brenda L. May, U.S. Department of 

Energy; SC–26, Germantown Building, 

1000 Independence Avenue SW., 

Washington, DC 20585–1290; 

Telephone: 301–903–0536 

SUPPLEMENTARY INFORMATION: 

Purpose of Meeting: To provide 

advice and recommendations to the 

Department of Energy and the National 

Science Foundation on scientific 

priorities within the field of basic 

nuclear science research. 

Tentative Agenda: Agenda will 

include discussions of the following: 

Monday, October 7, 2013 

• Perspectives from Department of 

Energy and National Science 

Foundation 

• Update from the Department of 

Energy and National Science 

Foundation’s Nuclear Physics Office’s 

• The 2013 ONP Comparative Research 

Review 

• Presentation of the Charge on 

Neutrino-less Double Beta 

• Presentation of the Charge on NNSA 

Development of Mo–99 Domestic 

Supply 

• Public Comment (10-minute rule) 

Note: The NSAC Meeting will be broadcast 

live on the Internet. You may find out how 

to access this broadcast by going to the 

following site prior to the start of the 

meeting. A video record of the meeting, 

including the presentations that are made 

will be archived at this site after the meeting 

ends: www.tvworldwide.com/events/doe/

131007. 

Public Participation: The meeting is 

open to the public. If you would like to 

file a written statement with the 

Committee, you may do so either before 

or after the meeting. If you would like 

to make oral statements regarding any of 

these items on the agenda, you should 

contact Brenda L. May by telephone at: 

301–903–0536 or Brenda.May@

science.doe.gov (email). You must make 

your request for an oral statement at 

least 5 business days before the meeting. 

Reasonable provision will be made to 

include the scheduled oral statements 

on the agenda. The Chairperson of the 

Committee will conduct the meeting to 

facilitate the orderly conduct of 

business. Public comment will follow 

the 10-minute rule. 

Minutes: The minutes of the meeting 

will be available on the U.S. Department 

of Energy’s Nuclear Science Advisory 

Committee Web site—http://

science.energy.gov/np/nsac. 

mstockstill on DSK4VPTVN1PROD with NOTICES