[Federal Register Volume 70, Number 112 (Monday, June 13, 2005)]
[Page 34161]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3054]



Agency Information Collection Activities: Submission for the 
Office of Management and Budget (OMB) Review; Comment Request

AGENCY: U.S. Nuclear Regulatory Commission (NRC).

ACTION: Notice of the OMB review of information collection and 
solicitation of public comment.


SUMMARY: The NRC has recently submitted to OMB for review the following 
proposal for the collection of information under the provisions of the 
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby 
informs potential respondents that an agency may not conduct or 
sponsor, and that a person is not required to respond to, a collection 
of information unless it displays a currently valid OMB control number.
    1. Type of submission, new, revision, or extension: Extension.
    2. The title of the information collection: Notice of Enforcement 
Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion 
Plants (GDP).
    3. The form number if applicable: Not applicable.
    4. How often the collection is required: On occasion.
    5. Who will be required or asked to report: Nuclear power reactor 
licensees and gaseous diffusion plant certificate holders.
    6. An estimate of the number of annual responses: 26.
    7. The estimated number of annual respondents: 11.
    8. An estimate of the total number of hours needed annually to 
complete the requirement or request: 1,991 hours (1810 reporting [121 
hours per response] and 181 recordkeeping [16.45 hours per 
    9. An indication of whether Section 3507(d), Pub. L. 104-13 
applies: Not applicable.
    10. Abstract: The NRC's Enforcement Policy addresses circumstances 
in which the NRC may exercise enforcement discretion. A specific type 
of enforcement discretion is designated as a Notice of Enforcement 
Discretion (NOED) and relates to circumstances which may arise where a 
nuclear power plant licensee's compliance with a Technical 
Specification Limiting Condition for Operation or with other license 
conditions would involve an unnecessary plant transient or shutdown, or 
performance of testing, inspection, or system realignment that is 
inappropriate for the specific plant conditions, or unnecessary delays 
in plant startup without a corresponding health and safety benefit. 
Similarly, for a gaseous diffusion plant, circumstances may arise where 
compliance with a Technical Safety Requirement or other condition would 
unnecessarily call for a total plant shutdown, or, notwithstanding that 
a safety, safeguards or security feature was degraded or inoperable, 
compliance would unnecessarily place the plant in a transient or 
condition where those features could be required.
    A licensee or certificate holder seeking the issuance of an NOED 
must provide a written justification, in accordance with guidance 
provided in NRC Inspection Manual, Part 9900, which documents the 
safety basis for the request and provides whatever other information 
the NRC staff deems necessary to decide whether or not to exercise 
    A copy of the final supporting statement may be viewed free of 
charge at the NRC Public Document Room, One White Flint North, 11555 
Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance 
requests are available at the NRC Worldwide Web site: http://www.nrc.gov/public-involve/doc-comment/omb/index.html. The document 
will be available on the NRC home page site for 60 days after the 
signature date of this notice.
    Comments and questions should be directed to the OMB reviewer 
listed below by July 13, 2005. Comments received after this date will 
be considered if it is practical to do so, but assurance of 
consideration cannot be given to comments received after this date. 
John A. Asalone, Office of Information and Regulatory Affairs (3150-
0136), NEOB-10202, Office of Management and Budget, Washington, DC 
    Comments can also be e-mailed to [email protected] or 
submitted by telephone at (202) 395-4650.
    The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.

    Dated at Rockville, Maryland, this 6th day of June, 2005.

    For the Nuclear Regulatory Commission.
Brenda Jo. Shelton,
NRC Clearance Officer, Office of Information Services.
[FR Doc. E5-3054 Filed 6-10-05; 8:45 am]