[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Proposed Rules]
[Pages 2018-2020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-28246]



[[Page 2017]]

Vol. 83

Friday,

No. 9

January 12, 2018

Part XXV





 Nuclear Regulatory Commission





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Semiannual Regulatory Agenda

Federal Register / Vol. 83 , No. 9 / Friday, January 12, 2018 / 
Unified Agenda

[[Page 2018]]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0185]

10 CFR Chapter I


Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Semiannual regulatory agenda.

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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 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 since 
publication of our last Agenda on August 24, 2017. This issuance of our 
Agenda contains 30 active and 23 long-term rulemaking activities: 2 are 
Economically Significant; 8 represent Other Significant agency 
priorities; 39 are Substantive, Nonsignificant rulemaking activities; 
and 4 are Administrative rulemaking activities. In addition, 3 
rulemaking activities impact small entities. This issuance also 
contains our annual regulatory plan, which contains information on some 
of our most important regulatory actions that we are considering 
issuing in proposed or final form during Fiscal Year 2018. Our 
regulatory plan was submitted to OMB in June 2017; updates have been 
reflected in the Agenda abstract for each rulemaking. We are requesting 
comment on the rulemaking activities as identified in this Agenda.

DATES: Submit comments on rulemaking activities as identified in this 
Agenda by February 12, 2018.

ADDRESSES: Submit comments on any rulemaking activity in the Agenda by 
the date and methods specified in any Federal Register notice on the 
rulemaking activity. Comments received on rulemaking activities for 
which the comment period has closed will be considered if it is 
practical to do so, but assurance of consideration cannot be given 
except as to comments received on or before the closure dates specified 
in the Federal Register notice. You may submit comments on this Agenda 
through the Federal Rulemaking website by going to http://www.regulations.gov and searching for Docket ID NRC-2017-0185. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: <a href="/cdn-cgi/l/email-protection#236042514c4f0d64424f4f42444b4651634d51400d444c55"><span class="__cf_email__" data-cfemail="1b587a697477355c7a77777a7c737e695b756978357c746d">[email protected]</span></a>. For technical questions on any 
rulemaking activity listed in the Agenda, contact the individual listed 
under the heading ``Agency Contact'' for that rulemaking activity.
    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: Cindy Bladey, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-3280; email: 
<a href="/cdn-cgi/l/email-protection#bdfed4d3d9c493ffd1dcd9d8c4fdd3cfde93dad2cb"><span class="__cf_email__" data-cfemail="3a7953545e431478565b5e5f437a544859145d554c">[email protected]</span></a>. 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 and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0185 when contacting the NRC 
about the availability of information for this document. You may obtain 
publically-available information related to this document by any of the 
following methods:
    <bullet> Reginfo.gov:
    [cir] For completed rulemaking activities go to http://www.reginfo.gov/public/do/eAgendaHistory?showStage=completed, select 
``fall 2017 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.
    [cir] For active rulemaking activities go to http://www.reginfo.gov/public/do/eAgendaMain and select ``Nuclear Regulatory 
Commission'' from drop down menu.
    [cir] For long-term rulemaking activities go to http://www.reginfo.gov/public/do/eAgendaMain, select ``Current Long Term 
Actions'' link, and select ``Nuclear Regulatory Commission'' from drop 
down menu.
    <bullet> Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0185.
    <bullet> NRC's Public website: Go to http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/unified-agenda.html and select 
fall 2017.
    <bullet> NRC's Public Document Room: 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-2017-0185 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 the 
Agencywide Documents Access and Management System (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.

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 that 
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.
    We assign a ``Regulation Identifier Number'' (RIN) to a rulemaking 
activity when our Commission initiates a rulemaking and approves a 
rulemaking plan, or when the NRC staff begins work on a Commission 
delegated

[[Page 2019]]

rulemaking \1\ 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. We report all rulemaking activities in the Agenda that have 
been assigned a RIN and meet the definition for a completed, an active, 
or a long-term rulemaking activity.
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    \1\ For information on delegated rulemakings see ADAMS Accession 
No. ML16040A011.
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    The information contained in this Agenda is updated to reflect any 
action that has occurred on a rulemaking activity since publication of 
our last Agenda on August 24, 2017 (82 FR 40448). Specifically, the 
information in this Agenda has been updated through September 18, 2017.
    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.

Common Prioritization of Rulemaking

    A key part of our regulatory program is an annual review of all 
ongoing and potential rulemaking activities. In conjunction with our 
budget and long-term planning process, we develop program budget 
estimates and determine the relative priority of rulemaking activities 
using our Common Prioritization of Rulemaking (CPR) methodology (ADAMS 
Accession No. ML15086A074). For the most up-to-date information on the 
NRC's rulemaking activities, including the CPR score for each planned 
rulemaking activity see the NRC's Rules and Petitions web page at 
https://www.nrc.gov/about-nrc/regulatory/rulemaking/rules-petitions.html. The CPR methodology considers four factors and assigns 
a score to each factor. Factor A includes activities that support the 
NRC's Strategic Plan goals of ensuring the safe and secure use of 
radioactive materials. Factor B includes activities that support the 
Strategic Plan cross-cutting strategies of Regulatory Effectiveness and 
Openness. Specifically, this factor considers whether the rulemaking 
activity enhances regulatory effectiveness and/or openness in the way 
that the NRC conducts regulatory activities. Factor C is a governmental 
factor representing interest to the NRC, Congress, or other 
governmental bodies. Factor D is an external factor representing 
interest to members of the public, non-governmental organizations, the 
nuclear industry, vendors, and suppliers. The overall priority is 
determined by adding the factor scores together for each rulemaking 
activity.

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 promulgation 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. At 
this time, we do not have any rules that have a significant economic 
impact on a substantial number of small entities; therefore, we have 
not included any RFA Section 610 periodic reviews in this edition of 
the Agenda. A complete listing of our regulations that impact small 
entities and related Small Entity Compliance Guides are available from 
the NRC's website at http://www.nrc.gov/about-nrc/regulatory/rulemaking/flexibility-act/small-entities.html.

Public Comments Received on the NRC's Unified Agenda

    The comment period on the NRC's last Agenda (published on August 
24, 2017 (82 FR 40448)) will close on September 25, 2017. The NRC will 
address any written comments on our 2017 Agenda issuances in our next 
Agenda update.

    Dated at Rockville, Maryland, this 18th day of September 2017.

    For the Nuclear Regulatory Commission.
 Cindy Bladey,
Federal Register Liaison Officer, U.S. Nuclear Regulatory Commission.

           Nuclear Regulatory Commission--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
480.......................  Revision of Fee Schedules:         3150-AJ95
                             Fee Recovery for FY 2018
                             [NRC-2017-0026].
------------------------------------------------------------------------


            Nuclear Regulatory Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
481.......................  Revision of Fee Schedules:         3150-AJ99
                             Fee Recovery for FY 2019
                             [NRC-2017-0032].
------------------------------------------------------------------------


            Nuclear Regulatory Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
482.......................  Revision of Fee Schedules;         3150-AJ73
                             Fee Recovery for FY 2017
                             [NRC-2016-0081].
------------------------------------------------------------------------


[[Page 2020]]

NUCLEAR REGULATORY COMMISSION (NRC)

Proposed Rule Stage

480. Revision of Fee Schedules: Fee Recovery for FY 2018 [NRC-2017-
0026]

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 
U.S.C. 5841
    Abstract: This proposed rule would implement the Omnibus Budget 
Reconciliation Act of 1990 (OBRA-90), as amended, which requires the 
Nuclear Regulatory Commission (NRC) to recover approximately 90 percent 
of its budget authority in a given fiscal year, less the amounts 
appropriated from the Waste Incidental to Reprocessing, generic 
homeland security activities, and Inspector General services for the 
Defense Nuclear Facilities Safety Board, through fees assessed to 
licensees. This rulemaking would amend the Commission's fee schedules 
for licensing, inspection, and annual fees charged to its applicants 
and licensees. The licensing and inspection fees are established under 
10 CFR part 170 and recover the NRC's cost of providing services to 
identifiable applicants and licensees. Examples of services provided by 
the NRC for which 10 CFR part 170 fees are assessed include license 
application reviews, license renewals, license amendment reviews, and 
inspections. The annual fees established under 10 CFR part 171 recover 
budgeted costs for generic (e.g., research and rulemaking) and other 
regulatory activities not recovered under 10 CFR part 170 fees.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/18
Final Rule..........................   05/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michele D. Kaplan, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001, 
Phone: 301 415-5256, Email: <a href="/cdn-cgi/l/email-protection#ef82868c878a838ac1848e9f838e81af819d8cc1888099"><span class="__cf_email__" data-cfemail="c3aeaaa0aba6afa6eda8a2b3afa2ad83adb1a0eda4acb5">[email protected]</span></a>.
    RIN: 3150-AJ95

NUCLEAR REGULATORY COMMISSION (NRC)

Long-Term Actions

481. Revision of Fee Schedules: Fee Recovery for FY 2019 [NRC-2017-
0032]

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 
U.S.C. 5841
    Abstract: This rule would implement the Omnibus Budget 
Reconciliation Act of 1990 (OBRA-90), as amended, which requires the 
Nuclear Regulatory Commission (NRC) to recover approximately 90 percent 
of its budget authority in a given fiscal year, less the amounts 
appropriated from the Waste Incidental to Reprocessing, generic 
homeland security activities, and Inspector General services for the 
Defense Nuclear Facilities Safety Board, through fees assessed to 
licensees. This rulemaking would amend the Commission's fee schedules 
for licensing, inspection, and annual fees charged to its applicants 
and licensees. The licensing and inspection fees are established under 
10 CFR part 170 and recover the NRC's cost of providing services to 
identifiable applicants and licensees. Examples of services provided by 
the NRC for which 10 CFR part 170 fees are assessed include license 
application reviews, license renewals, license amendment reviews, and 
inspections. The annual fees established under 10 CFR part 171 recover 
budgeted costs for generic (e.g., research and rulemaking) and other 
regulatory activities not recovered under 10 CFR part 170 fees.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/19
Final Rule..........................   05/00/19
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michele D. Kaplan, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001, 
Phone: 301 415-5256, Email: <a href="/cdn-cgi/l/email-protection#65080c060d0009004b0e041509040b250b17064b020a13"><span class="__cf_email__" data-cfemail="274a4e444f424b42094c46574b46496749554409404851">[email protected]</span></a>.
    RIN: 3150-AJ99

NUCLEAR REGULATORY COMMISSION (NRC)

Completed Actions

482. Revision of Fee Schedules; Fee Recovery for FY 2017 [NRC-2016-
0081]

    E.O. 13771 Designation: Independent agency.
    Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 
U.S.C. 5841
    Abstract: This rule would implement the Omnibus Budget 
Reconciliation Act of 1990 (OBRA-90), as amended, which requires the 
Nuclear Regulatory Commission to recover approximately 90 percent of 
its budget authority in a given fiscal year, less the amounts 
appropriated from the Waste Incidental to Reprocessing and generic 
homeland security activities, through fees assessed to licensees. This 
rulemaking would amend the Commission's fee schedules for licensing, 
inspection, and annual fees charged to its applicants and licensees. 
The licensing and inspection fees are established under 10 CFR part 170 
and recover the Nuclear Regulatory Commission's cost of providing 
services to identifiable applicants and licensees. Examples of services 
provided by the Nuclear Regulatory Commission for which 10 CFR part 170 
fees are assessed include license application reviews, license 
renewals, license amendment reviews, and inspections. The annual fees 
established under 10 CFR part 171 recover budgeted costs for generic 
(e.g., research and rulemaking) and other regulatory activities not 
recovered under 10 CFR part 170 fees.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   06/30/17  82 FR 30682
Final Rule Effective................   08/29/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michele D. Kaplan, Phone: 301 415-5256, Email: 
<a href="/cdn-cgi/l/email-protection#3c51555f5459505912575d4c505d527c524e5f125b534a"><span class="__cf_email__" data-cfemail="99f4f0faf1fcf5fcb7f2f8e9f5f8f7d9f7ebfab7fef6ef">[email protected]</span></a>.
    RIN: 3150-AJ73

[FR Doc. 2017-28246 Filed 1-11-18; 8:45 am]
 BILLING CODE 7590-01-P


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