[Federal Register Volume 81, Number 111 (Thursday, June 9, 2016)]
[Proposed Rules]
[Pages 37466-37468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12959]



[[Page 37465]]

Vol. 81

Thursday,

No. 111

June 9, 2016

Part XXVII





Nuclear Regulatory Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 81 , No. 111 / Thursday, June 9, 2016 / 
Unified Agenda  

[[Page 37466]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

[NRC-2016-0044]


Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Semiannual regulatory agenda.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing its 
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 the NRC has recently completed action or 
has proposed or is considering action. The NRC has completed 9 
rulemaking activities since publication of its last Agenda on December 
15, 2015 (80 FR 78108). This issuance of the NRC's Agenda contains 22 
active and 27 long-term rulemaking activities: 2 are Economically 
Significant; 8 represent Other Significant agency priorities; 41 are 
Substantive, Nonsignificant rulemaking activities; and 1 is 
Administrative rulemaking activity. In addition, 3 rulemaking 
activities impact small entities. The NRC is requesting comment on its 
rulemaking activities as identified in this Agenda.

DATES: Submit comments on rulemaking activities as identified in this 
Agenda by July 11, 2016.

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 Web site by going to http://www.regulations.gov and searching for Docket ID NRC-2016-0044. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-3280; email: [email protected]. 
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-2016-0044 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:
     Reginfo.gov:
     For completed rulemaking activities go to http://www.reginfo.gov/public/do/eAgendaHistory?showStage=completed and select 
Nuclear Regulatory Commission from drop down menu.
     For active rulemaking activities go to http://www.reginfo.gov/public/do/eAgendaMain and select Nuclear Regulatory 
Commission from drop down menu.
     For long-term rulemaking activities go to http://www.reginfo.gov/public/do/eAgendaHistory?operation=OPERATION_GET_PUBLICATION&showStage=longterm&currentPubId=201410 and select Nuclear Regulatory Commission from drop 
down menu.
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0044.
     NRC's Public Web site: Go to http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/unified-agenda.html and select 
spring 2016.
     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-2016-0044 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.
    A ``Regulation Identifier Number'' or RIN is given to a rulemaking 
activity when the NRC has published or plans to publish a Federal 
Register notice. 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 long-term rulemaking 
activity.
    The information contained in this Agenda is updated to reflect any 
action that has occurred on a rulemaking activity since publication of 
the last NRC Agenda on December 15, 2015 (80 FR 78108). Specifically, 
the information in this Agenda has been updated through March 18, 2016.

[[Page 37467]]

    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 the NRC rulemaking process. However, the 
NRC 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 the NRC's regulatory program is an annual review of 
all ongoing and potential rulemaking activities. In conjunction with 
its budget and long-term planning process, the NRC compiles a Common 
Prioritization of Rulemaking (CPR) listing to develop program budget 
estimates and to determine the relative priority of NRC rulemaking 
activities. The most current listing of each rulemaking activity for 
the Fiscal Year 2017/2018 planning period is available on the NRC's 
Rulemaking Priorities Web page at http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/rule-priorities.html. The CPR process 
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. The NRC undertakes these reviews 
to decide whether the rules should be unchanged, amended, or withdrawn. 
At this time, the NRC does not have any rules that have a significant 
economic impact on a substantial number of small entities; therefore, 
the NRC has not included any RFA Section 610 periodic reviews in this 
edition of the Agenda. A complete listing of NRC regulations that 
impact small entities and related Small Entity Compliance Guides will 
be available from the NRC's Web site at http://www.nrc.gov/about-nrc/regulatory/rulemaking/flexibility-act/small-entities.html.

Public Comments Received on the NRC's Unified Agenda

    The NRC did not receive any public comments on its last Agenda that 
published on December 15, 2015 (80 FR 78108).

    Dated at Rockville, Maryland, this 18th day of March 2016.

    For the Nuclear Regulatory Commission.

Leslie Terry,
Acting Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.

             Nuclear Regulatory Commission--Final Rule Stage
------------------------------------------------------------------------
                                                         Regulation
      Sequence No.                  Title              Identifier No.
------------------------------------------------------------------------
405.....................  Variable Annual Fee       3150-AI54
                           Structure for Small
                           Modular Power Reactors
                           [NRC-2008-0664].
406.....................  Revision of Fee           3150-AJ66
                           Schedules: Fee Recovery
                           for FY 2016 [NRC-2015-
                           0223].
------------------------------------------------------------------------


            Nuclear Regulatory Commission--Long-Term Actions
------------------------------------------------------------------------
                                                         Regulation
      Sequence No.                  Title              Identifier No.
------------------------------------------------------------------------
407.....................  Controlling the           3150-AH18
                           Disposition of Solid
                           Materials [NRC-1999-
                           0002].
------------------------------------------------------------------------


NUCLEAR REGULATORY COMMISSION (NRC)

Final Rule Stage

405. Variable Annual Fee Structure for Small Modular Power Reactors 
[NRC-2008-0664]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: This rule would amend the Nuclear Regulatory Commission's 
regulations governing annual fees to establish a variable annual fee 
structure for power reactors based on licensed power limits.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/25/09  74 FR 12735
ANPRM Comment Period End............   06/08/09  .......................
NPRM................................   11/04/15  80 FR 68268
NPRM Comment Period End.............   12/04/15  .......................
Final Rule..........................   06/00/16  .......................
------------------------------------------------------------------------

    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: [email protected].
    RIN: 3150-AI54

406. Revision of Fee Schedules: Fee Recovery for FY 2016 [NRC-2015-
0223]

    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 amend the Nuclear Regulatory Commission 
licensing, inspection, special project, and annual fees charged to its 
applicants and licensees and, for the first time, the NRC is proposing 
to recover its costs when it responds to third-party demands for 
information in litigation where the United States is not a party 
(``Touhy requests''). These proposed amendments are necessary to 
implement the Omnibus Budget Reconciliation Act of 1990 as amended 
(OBRA-90), which requires the NRC to

[[Page 37468]]

recover approximately 90 percent of its annual budget through fees.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/23/16  81 FR 15457
NPRM Comment Period End.............   04/22/16  .......................
Final Rule Published................   06/00/16  .......................
------------------------------------------------------------------------

    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: [email protected].
    RIN: 3150-AJ66

NUCLEAR REGULATORY COMMISSION (NRC)

Long-Term Actions

407. Controlling the Disposition of Solid Materials [NRC-1999-0002]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: This rule would add radiological criteria for controlling 
the disposition of solid materials that have no, or very small amounts 
of, residual radioactivity resulting from licensed operations, and 
which originate in restricted or impacted areas of NRC-licensed 
facilities. The NRC staff provided a draft proposed rule package on 
Controlling the Disposition of Solid Materials to the Commission on 
March 31, 2005, which the Commission disapproved (ADAMS Accession No. 
ML051520285). The rulemaking package included a summary of stakeholder 
comments (NUREG/CR-6682), Supplement 1 (ADAMS Accession No. 
ML003754410). The Commission's decision was based on the fact that the 
Agency is currently faced with several high priority and complex tasks, 
that the current approach to review specific cases on an individual 
basis is fully protective of public health and safety, and that the 
immediate need for this rule has changed due to the shift in timing for 
reactor decommissioning. The Commission has deferred action on this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Torre Taylor, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001, 
Phone: 301 415-7900, Email: [email protected].
    RIN: 3150-AH18

[FR Doc. 2016-12959 Filed 6-8-16; 8:45 am]
 BILLING CODE 7590-01-P