[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Proposed Rules]
[Pages 51140-51142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18368]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / 
Proposed Rules  

[[Page 51140]]



DEPARTMENT OF ENERGY

10 CFR Part 951

[Docket Number DOE-HQ-2014-0021]
RIN 1990-AA39


Convention on Supplementary Compensation for Nuclear Damage 
Contingent Cost Allocation

AGENCY: Office of General Counsel, U.S Department of Energy.

ACTION: Notice of public workshop.

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SUMMARY: This document provides information on a public workshop to 
discuss the U.S. Department of Energy's (DOE) notice and request for 
comment on a proposed collection of information. DOE developed the 
proposed collection of information in connection with the notice of 
proposed rulemaking on the Convention on Supplementary Compensation for 
Nuclear Damage Contingent Cost Allocation (NOPR) in which it proposed 
regulations to establish a retrospective risk pooling program covering 
nuclear suppliers that may be required under certain circumstances to 
pay for any contribution by the United States government to the 
international supplementary fund created by the Convention for 
Supplementary Compensation for Nuclear Damage.

DATES: DOE will hold a public workshop on Friday, September 16, 2016 
from 9 a.m. to 12 noon, in Washington, DC. DOE will accept comments, 
data, and information received no later than October 3, 2016, which is 
the close of the comment period on the Notice. DOE will accept for 
consideration questions or suggestions on topics for comment in advance 
of the public workshop, by Wednesday, September 7, 2016.

ADDRESSES: The public workshop will be held at the U.S. Department of 
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. For details regarding attendance at the 
public workshop see the Public Participation section of this notice.
    Any comments submitted on the proposed information collection must 
identify docket number DOE-HQ-2014-0021 and/or regulatory information 
number (RIN) 1990-AA39. 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: [email protected].
    3. Mail: Ms. Sophia Angelini, U.S. Department of Energy, Office of 
General Counsel, Mailstop GC-72, Section 934 Rulemaking, 1000 
Independence Avenue SW., Washington DC 20585. Please submit one signed 
original and three copies of all comments submitted by mail.
    Docket: For access to the docket to read background documents or 
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov, or the Web site specifically established for this 
proceeding: http://www.energy.gov/gc/convention-supplementary-compensation-rulemaking. To obtain a copy of the proposed information 
collection instrument and instructions go to the Web site specifically 
established for this proceeding: http://www.energy.gov/gc/convention-supplementary-compensation-rulemaking.

FOR FURTHER INFORMATION CONTACT: Sophia Angelini, Attorney-Adviser, 
Office of General Counsel for Civilian Nuclear Programs, GC-72, U.S. 
Department of Energy, 1000 Independence Avenue SW., Washington, DC 
20585; Telephone (202) 586-0319.

SUPPLEMENTARY INFORMATION:

Background

    Elsewhere in this issue of the Federal Register, DOE published a 
request for comments on a proposed information collection that requires 
approval from the Office of Management and Budget pursuant to the 
Paperwork Reduction Act of 1995. DOE developed the information 
collection in connection with a NOPR in which it proposed regulations 
to establish a retrospective risk pooling program covering nuclear 
suppliers that may be required under certain circumstances to pay for a 
contribution by the United States government to the international 
supplementary fund created by the Convention on Supplementary 
Compensation for Nuclear Damage. (79 FR 75076, Dec. 17, 2014) DOE 
issued these proposed regulations pursuant to section 934 of the Energy 
Independence and Security Act of 2007.
    DOE held an information session on the proposed regulation on 
January 7, 2015, followed by a day-long public workshop on February 20, 
2015 (80 FR 4227). On March 9, 2015, DOE granted an extension of the 
public comment period on the NOPR to April 17, 2015 (80 FR 12352). The 
extension notice highlighted areas of particular attention for public 
comment, and indicated DOE's intent to conduct additional data and 
information gathering in response to and in consideration of comments 
provided in the public review and comment process. In sum, commenters 
on the NOPR suggested that DOE's proposed formula to calculate the 
retrospective premium payment was unnecessarily complex, reporting 
requirements for nuclear suppliers were unduly burdensome, and 
additional data and information on nuclear suppliers and exports were 
needed to support the rulemaking and enable the public to provide DOE 
with meaningful comments.
    DOE is now proposing this information collection to gather such 
additional data and information from the nuclear industry in support of 
further development of its rulemaking. Since receiving public comments 
on the NOPR, and as suggested in those comments, DOE has conducted 
additional information and data gathering involving other relevant 
federal agencies. While DOE continues to review and consider this 
additional information and data, the proposed information collection is 
necessary to provide information not reported to or available from 
other federal agencies to inform and advance the rulemaking process. In 
addition, the information and data requested in the proposed 
information collection reflect in part comments submitted by the public 
on recommended risk allocation formulas and related information and 
data needs. One commenter, the Nuclear Energy Institute, provided a 
specific and detailed recommendation on an industry model for a 
retrospective risk

[[Page 51141]]

pooling program, with alternative methods of risk allocation. The 
proposed information collection is designed in part to obtain the 
information that could support a regulation based on that model. For 
example, the information collection is focused on the export of nuclear 
goods and services to industry sectors, rather than on specific types 
of nuclear goods and services exported. DOE also seeks in the proposed 
information collection to obtain information and data needed to assess 
and affirm the number and type of nuclear suppliers exporting nuclear 
goods and services and the value of those goods and services, to refine 
the scope and applicability of the retrospective risk pooling program 
within the nuclear supplier community.
    The proposed information collection is a one-time effort to 
facilitate development of the regulation; it is separate from and not 
intended to be the same as the information that would be collected in 
connection with any reporting requirements that would take effect after 
promulgation of a final regulation.
    Upon approval of the information collection, and following review 
and analysis of the information and data obtained from nuclear 
suppliers in response, DOE will determine whether it is appropriate to 
issue a supplemental proposed regulation. As this process advances, DOE 
also intends to engage the public in additional opportunities for 
review and comment on the rulemaking, including on any supplemental 
proposal that is issued.
    To facilitate discussion at the public workshop, DOE encourages 
participants to provide views and comments on the proposed information 
collection form which may be viewed at http://www.energy.gov/gc/convention-supplementary-compensation-rulemaking as well as on the 
following topics: (1) Does the information collection form seek 
appropriate and sufficient information and data from nuclear suppliers 
to support further development of DOE's proposed regulation, in 
particular with respect to the risk-informed formula; (2) is the 
information collection request too broad or too narrow, and if so, in 
what way; (3) has DOE overestimated or underestimated the number of 
respondents to the information collection form and if so, by how much; 
(4) has DOE overestimated or underestimated the burden hours of each 
respondent to the collection form and if so, by how much; (5) has DOE 
overestimated or underestimated the cost per respondent to collect the 
information requested in the form and if so, by how much; (6) what 
additional information, if any, should DOE include in the information 
collection form to support further development of its proposed 
regulation; and (7) are there other actions, in addition to the 
issuance of the proposed information collection form, that DOE should 
consider or pursue to obtain the information and data to support 
further development of its proposed regulation. DOE requests commenters 
provide any underlying data or other information in support of their 
views and comments in a manner sufficient to allow DOE to also review, 
assess and verify such data and information as appropriate.

Public Participation

A. Attendance at Public Workshop

    If you plan to attend the public workshop, please notify Alencia 
Jenkins at (202) 586-0426 or by email: [email protected]. 
Please note that foreign nationals visiting DOE Headquarters are 
subject to advance screening procedures which require advance notice 
prior to attendance at the public workshop. If a foreign national 
wishes to participate in the public workshop, please inform DOE of this 
fact as soon as possible by contacting Alencia Jenkins at (202) 586-
0426 or by email to [email protected] so that the necessary 
procedures may be implemented.
    Due to the REAL ID Act implemented by the Department of Homeland 
Security (DHS), there have been recent changes regarding ID 
requirements for individuals wishing to enter Federal buildings from 
specific states and U.S. territories. Drivers' 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 drivers' licenses (and ID cards) from the 
following jurisdictions are not acceptable for entry into DOE 
facilities: Alaska, American Samoa, Arizona, Louisiana, Maine, 
Massachusetts, Minnesota, New York, Oklahoma and Washington. Acceptable 
alternate forms of Photo-ID include: U.S. Passport or Passport Card; an 
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 Drivers' License); or a military ID or other 
Federal government issued Photo-ID card.
    DOE requires visitors with laptop computers to be checked upon 
entry into the building. Any person wishing to bring these devices into 
the Forrestal Building will be required to obtain a property pass. 
Visitors should avoid bringing these devices, or allow an extra 45 
minutes to check in. Please report to the Visitors' Desk to have these 
devices checked before proceeding through security.

B. Conduct of Public Workshop

    The Department will designate a DOE official to preside at the 
public workshop and may also use a professional facilitator to aid 
discussion. A court reporter will be present to record the proceeding 
and prepare a transcript. DOE reserves the right to schedule the order 
of presentations and to establish the procedures governing the conduct 
of the public workshop. Interested parties may submit comments on the 
proposed information collection at any point until the end of the 
comment period.
    The workshop will be conducted in an informal, conference style. 
DOE will allow time for prepared general statements by participants, 
and encourage all interested parties to share their views on issues 
affecting the proposed information collection.
    Each participant will be allowed to make a general statement 
(within time limits determined by DOE), before the discussion of 
specific topics. DOE will permit, as time allows, other participants to 
comment briefly on any general statements. At the end of all prepared 
statements, DOE will permit participants to clarify their statements 
briefly and comment on statements made by others. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions 
concerning other matters relevant to this information collection. The 
official conducting the public workshop will accept additional comments 
or questions from those attending, as time permits. The presiding 
official will announce any further procedural rules or modification of 
the above procedures that may be needed for the proper conduct of the 
public workshop.
    In addition, DOE will accept for consideration questions or 
suggestions on topics for comment in advance of the public workshop, by 
September 7, 2016. If you wish to submit questions or suggestions on 
topics for comment, please submit them via one of the means provided in 
the ADDRESSES section of this notice. DOE may use the questions or 
topic suggestions to structure the discussion and enhance 
participation. A transcript of the public workshop will be included in 
the docket, which can be viewed as described in the Docket section of 
this notice.

[[Page 51142]]

C. Procedure for Submitting Prepared General Statements and Suggested 
Topics

    Persons who plan to present a prepared general statement may 
request that copies of the statement be made available at the public 
workshop. Such persons may submit requests, along with an advance 
electronic copy of their statement in PDF to the appropriate address 
shown in the ADDRESSES section of this notice. The request and advance 
copy of statements must be received by September 7, 2016 and may be 
emailed, or sent by mail. DOE prefers to receive requests and advance 
copies via email. Please include a telephone number to enable DOE staff 
to make a follow-up contact, if needed.
    Persons who plan to submit questions and topic suggestions for the 
public workshop must do so by September 7, 2016, via email or by mail, 
to the appropriate address shown in the ADDRESSES section of this 
notice. DOE prefers to receive the requests via email. Please include a 
telephone number to enable DOE staff to make a follow-up contact, if 
needed.

D. Submission of Comments

    DOE will continue to accept comments, data, and information 
concerning this proposed information collection before and after the 
public workshop, but no later than October 3, 2016. Interested parties 
may submit comments using any of the methods described in the ADDRESSES 
section of this notice.

    Issued in Washington, DC, on July 29, 2016.
Samuel T. Walsh,
Deputy General Counsel for Energy Policy, Office of General Counsel.
[FR Doc. 2016-18368 Filed 8-2-16; 8:45 am]
 BILLING CODE 6450-01-P