8022 Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Proposed Rules 

1See https://www.cadc.uscourts.gov/internet/

opinions.nsf/

BAE0CF34F762EBD985257BC6004DEB18/$file/11- 

1271-1451347.pdf. 

III. Discussion of the Petition 

The petitioner proposes that the NRC 

issue two new rules to address concerns 

about the NRC’s actions in response to 

the August 13, 2013, decision in In re: 

Aiken County ruling 1 by the U.S. Court 

of Appeals for the District of Columbia 

Circuit (‘‘D.C. Circuit Court’’). The 

petitioner requests that the NRC issue a 

regulation requiring prompt action ‘‘in 

response to each instance where a court 

of competent jurisdiction rules that NRC 

violated applicable law.’’ The petitioner 

also requests that the NRC issue an 

additional regulation ‘‘intended to 

ensure that public safety and health, 

protection of the environment, the 

common defense and security, the 

reputation and credibility of the NRC as 

a ‘trusted, independent, transparent, 

and effective nuclear regulator,’ and 

prudent stewardship of the national fisc 

all receive due consideration when the 

agency does not receive sufficient 

funding to implement its statutory 

mandates; and that both that 

consideration and the circumstances 

that require it are appropriately brought 

into the light.’’ 

First Proposed Rule Request 

The petitioner requests that the NRC 

amend its regulations in 10 CFR part 2 

to require that in ‘‘each instance where 

a court of competent jurisdiction rules 

that NRC violated applicable law’’ the 

NRC promptly take the following 

actions: 

• Evaluate and determine the cause or 

causes for each violation; 

• conduct an ‘‘extent of condition’’ 

evaluation to determine whether NRC’s 

implementation of other statutes and 

regulations (i.e., statutes and regulations 

beyond those identified by the court in 

its ruling) are similarly affected; 

• implement immediate corrective 

actions to address any violations 

identified by the extent of condition 

evaluation; 

• formulate and implement robust 

corrective actions to prevent recurrence 

that are based on the cause and extent 

of condition evaluations; and 

• prepare and issue a report to the 

public that documents these activities. 

In addition, the NRC would be 

required to formally ‘‘request review by 

the U.S. Department of Justice (1) of the 

adequacy of NRC oversight mechanisms 

and whether enhancements are 

warranted . . . and (2) of whether 

offenses proscribed by the federal 

criminal code . . . formed the basis of 

or contributed to the adverse court 

ruling.’’ The petitioner states that these 

amendments ‘‘would be effective 

retroactively, beginning with the 08/13/ 

13 In re: Aiken County ruling—because 

of the extraordinary significance of that 

ruling.’’ 

Second Proposed Rule Request 

The petitioner also requests that 10 

CFR part 2 be amended to require that 

the NRC annually ‘‘report to the public 

each instance where it does not receive 

sufficient funds reasonably necessary to 

implement in good faith its statutory 

mandates. . . .’’ The petitioner states 

that this report should include a 

discussion ‘‘of whether NRC (1) was 

directed to request either no or 

insufficient funds, and complied with 

that direction; (2) did request sufficient 

funds, which were withheld by 

Congress; or (3) did not request 

sufficient funds.’’ The petitioner 

recommends that the report also include 

‘‘a discussion of the consequences of 

each instance with respect to (1) public 

safety and health; (2) environmental 

protection; (3) the common defense and 

security; (4) the reputation/credibility of 

the agency as a ‘trusted, independent, 

transparent, and effective nuclear 

regulator,’ and (5) collateral fiscal 

impacts (e.g., the ongoing Judgment 

Fund disbursals to the nation’s nuclear 

utilities flowing from the government’s 

breach of the NWPA [Nuclear Waste 

Policy Act] ‘standard contracts’).’’ 

The petitioner asserts that some of the 

‘‘Benefits to [the] NRC and the Nation’’ 

that would be gained as a result of 

issuing these proposed rules include: 

• Enhancing public safety and health; 

• Reducing cost; 

• Aligning the NRC’s practices with 

its principles; 

• Aligning the NRC’s practices with 

the tenets it has set out for ensuring a 

positive safety culture; and 

• Aligning the NRC’s practices with 

its mission statement, vision, and 

organizational values. 

VI. Conclusion 

The NRC has determined that the 

petition meets the threshold sufficiency 

requirements for docketing a petition for 

rulemaking under 10 CFR 2.802, 

‘‘Petition for rulemaking—requirements 

for filing,’’ and the petition has been 

docketed as PRM–2–15. The NRC will 

examine the issues raised in PRM–2–15, 

to determine whether they should be 

considered in the rulemaking process. 

Dated at Rockville, Maryland, this 10th day 

of February, 2016. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2016–03254 Filed 2–16–16; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 429 

[Docket No. EERE–2015–BT–CE–0019] 

RIN 1990–AA44 

Energy Conservation Program: 

Certification and Enforcement—Import 

Data Collection; Notice of Public 

Meeting and Reopening of Comment 

Period 

AGENCY: Office of the General Counsel, 

Department of Energy. 

ACTION: Notice of public meeting and 

reopening of comment period. 

SUMMARY: On December 29, 2015, the 

U.S. Department of Energy (DOE) 

published a notice of proposed 

rulemaking in the Federal Register 

proposing that a person importing into 

the United States any covered product 

or equipment subject to an applicable 

energy conservation standard provide, 

prior to importation, a certification of 

admissibility to the DOE. The comment 

period ended February 12, 2016. After 

receiving several requests for additional 

time to prepare and submit comments, 

DOE has decided to reopen the period 

for submitting comments. In addition, 

DOE announces a public meeting and 

webinar regarding its proposal. DOE is 

reopening the comment period until 

February 29, 2016. 

DATES: The comment period for the 

notice of proposed rulemaking 

published on December 29, 2015 (80 FR 

81199), has been extended. DOE will 

accept comments, data, and information 

in response to the NOPR received no 

later than February 29, 2016. See 

SUPPLEMENTARY INFORMATION section for 

meeting dates. 

ADDRESSES: The meetings will be held at 

U.S. Department of Energy, Forrestal 

Building, Room 8E–089, 1000 

Independence Avenue SW., 

Washington, DC 20585. See the section 

‘‘Public Participation’’ for details on 

submitting comments. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: 202–586–6590. Email: 


Lhorne on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 31 / Wednesday, February 17, 2016 / Proposed Rules 8023 

ashley.armstrong@ee.doe.gov; or Mr. 

Steven Goering, U.S. Department of 

Energy, Office of the General Counsel, 

Forrestal Building, GC–32, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: 202–286–5691. Email: 

steven.goering@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On 

December 29, 2015, the U.S. Department 

of Energy (DOE) published a notice of 

proposed rulemaking (NOPR) in the 

Federal Register proposing that a 

person importing into the United States 

any covered product or equipment 

subject to an applicable energy 

conservation standard provide, prior to 

importation, a certification of 

admissibility to the DOE. (80 FR 81199) 

The comment period ended February 

12, 2016. After receiving several 

requests for additional time to prepare 

and submit comments, DOE has decided 

to extend the period for submitting 

comments. In addition, DOE announces 

a public meeting and webinar regarding 

its proposal. 

DOE will host a public meeting and 

webinar on February 19, 2016, from 9:30 

a.m. to 2:00 p.m. at DOE’s Forrestal 

Building, Room 8E–089. 

DOE will accept comments, data, and 

information in response to the NOPR 

received no later than February 29, 

2016. DOE will consider any comments 

in response to the NOPR received by 

midnight of February 29, 2016, and 

deems any comments received by that 

time to be timely submitted. 

Meeting Address 

U.S. Department of Energy, Forrestal 

Building, 1000 Independence Avenue 

SW., Washington, DC 20585, Room 8E– 

089. Individuals will also have the 

opportunity to participate by webinar. 

To register for the webinar and receive 

call-in information, please register at 

https://attendee.gotowebinar.com/

register/8895993921663587586. 

To attend the meeting and/or to make 

oral statements regarding any of the 

items on the agenda, email Ms. Brenda 

Edwards brenda.edwards@ee.doe.gov. 

In the email, please indicate your name, 

organization (if appropriate), 

citizenship, and contact information. 

Please note that foreign nationals 

participating in the public meeting are 

subject to advance security screening 

procedures which require advance 

notice prior to attendance at the public 

meeting. If a foreign national wishes to 

participate in the public meeting, please 

inform DOE as soon as possible by 

contacting Ms. Regina Washington at 

(202) 586–1214 or by email: 

Regina.Washington@ee.doe.gov so that 

the necessary procedures can be 

completed. Anyone attending the 

meeting will be required to present a 

government photo identification, such 

as a passport, driver’s license, or 

government identification. Due to the 

required security screening upon entry, 

individuals attending should arrive 

early to allow for the extra time needed. 

Due to the REAL ID Act implemented 

by the Department of Homeland 

Security (DHS) recent changes have 

been made regarding ID requirements 

for individuals wishing to enter Federal 

buildings from specific states and U.S. 

territories. Driver’s licenses from the 

following states or territory will not be 

accepted for building entry and one of 

the alternate forms of ID listed below 

will be required. 

DHS has determined that regular 

driver’s licenses (and ID cards) from the 

following jurisdictions are not 

acceptable for entry into DOE facilities: 

Alaska, Louisiana, New York, American 

Samoa, Maine, Oklahoma, Arizona, 

Massachusetts, Washington, and 

Minnesota. 

Acceptable alternate forms of PhotoID include: U.S. Passport or Passport 

Card; an Enhanced Driver’s License or 

Enhanced ID-Card issued by the states 

of Minnesota, New York or Washington 

(Enhanced licenses issued by these 

states are clearly marked Enhanced or 

Enhanced Driver’s License); A military 

ID or other Federal government issued 

Photo-ID card. 

Public Participation 

Any comments submitted must 

identify the NOPR for Import Data 

Collection, and provide docket number 

EERE–2015–BT–CE–0019 and/or 

regulatory information number (RIN) 

number 1990–AA44. Comments may be 

submitted using any of the following 

methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ImportData2015CE0019@

ee.doe.gov. Include the docket number 

and/or RIN in the subject line of the 

message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–5B, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

CD. It is not necessary to include 

printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD. It is not 

necessary to include printed copies. 

Docket: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at regulations.gov. All 

documents in the docket are listed in 

the regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

A link to the docket Web page can be 

found at: http://www.regulations.gov/

#!docketDetail;D=EERE-2015-BT-CE0019. This Web page will contain a link 

to the docket for this notice on the 

regulations.gov site. The regulations.gov 

Web page will contain simple 

instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

submit a comment, review other public 

comments and the docket, or to request 

a public meeting, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

Issued in Washington, DC, on February 8, 

2016. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2016–03092 Filed 2–16–16; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2016–3696; Directorate 

Identifier 2015–NM–113–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Airbus Model A318, A319, A320, and 

A321 series airplanes. This proposed 

AD was prompted by a report of a 

partial loss of the no-back brake (NBB) 

efficiency during endurance 

qualification tests on the trimmable 

horizontal stabilizer actuator (THSA). 

This proposed AD would require 

inspecting certain THSAs to determine 


Lhorne on DSK5TPTVN1PROD with PROPOSALS