[Federal Register Volume 83, Number 243 (Wednesday, December 19, 2018)]
[Proposed Rules]
[Pages 65110-65111]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27168]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 83, No. 243 / Wednesday, December 19, 2018 /
Proposed Rules
[[Page 65110]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 9
[NRC-2017-0144]
RIN 3150-AK06
Update to Fees for Search and Review of Agency Records by NRC
Personnel
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its regulations to revise the fees charged for search and review
of agency records by NRC personnel in response to certain Freedom of
Information Act (FOIA) requests. These revisions are being made to
ensure the NRC recovers direct costs of these activities, as required
by the FOIA.
DATES: Submit comments by January 18, 2019. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to ensure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0144. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
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: Stephanie Blaney, Office of the Chief
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone: 301-415-6975; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Obtaining Information and Submitting Comments
II. Rulemaking Procedure
III. Background
IV. Plain Writing
V. Availability of Documents
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0144 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0144.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, please contact the NRC's Public
Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or
by email to [email protected]. The ADAMS accession number for each
document referenced (if it is available in ADAMS) is provided the first
time that it is mentioned in this document.
NRC's PDR: 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-2017-0144 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
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.
II. Rulemaking Procedure
Because the NRC considers this action to be non-controversial, the
NRC is publishing this proposed rule concurrently with a direct final
rule in the Rules and Regulations section of this issue of the Federal
Register. The direct final rule will become effective on March 4, 2019.
However, if the NRC receives significant adverse comments on this
proposed rule by January 18, 2019, then the NRC will publish a document
that withdraws the direct final rule. If the direct final rule is
withdrawn, the NRC will address the comments received in response to
these proposed revisions in a subsequent final rule. Absent significant
modifications to the proposed revisions requiring republication, the
NRC will not initiate a second comment period on this action in the
event the direct final rule is withdrawn.
A significant adverse comment is a comment where the commenter
explains why the rule would be inappropriate, including challenges to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. A comment is adverse and significant if:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-
[[Page 65111]]
comment process. For example, a substantive response is required when:
(a) The comment causes the NRC staff to reevaluate (or reconsider)
its position or conduct additional analysis;
(b) The comment raises an issue serious enough to warrant a
substantive response to clarify or complete the record; or
(c) The comment raises a relevant issue that was not previously
addressed or considered by the NRC staff.
(2) The comment proposes a change or an addition to the rule, and
it is apparent that the rule would be ineffective or unacceptable
without incorporation of the change or addition.
(3) The comment causes the NRC staff to make a change (other than
editorial) to the rule.
For procedural information, see the direct final rule published in
the Rules and Regulations section of this issue of the Federal
Register.
III. Background
The FOIA provides that any person has a right to request and obtain
access to federal agency records, except to the extent that any
portions of those records are exempt from public disclosure. The FOIA
also authorizes agencies to issue regulations specifying a schedule of
fees for the processing of those requests (5 U.S.C. 552(a)(4)(A)).
These fees are limited to reasonable standard charges for document
search, duplication, and review, which may be charged depending on the
purpose for which the records are sought and the class of requestor.
The NRC's implementing FOIA regulations are found in part 9 of Title 10
of the Code of Federal Regulations (10 CFR).
The NRC charges fees for the search and review of agency records in
accordance with Sec. 9.37, ``Fees for search and review of agency
records by NRC personnel,'' (although as specified in Sec. 9.39,
``Search and duplication provided without charge,'' the NRC will search
for records in some instances without charge, and requests for waivers
or reduction of fees can be sought as specified in Sec. 9.41,
``Requests for waiver or reduction of fees''). Consistent with Office
of Management and Budget (OMB) guidelines on fee schedules (52 FR
10012; March 27, 1987), the NRC recoups the direct costs of search and
review by charging the hourly rates of the employees performing the
task, plus 16 percent for fringe benefits. These OMB guidelines also
provide that, where a homogenous or single class of personnel is used,
agencies may establish reasonable average rates for the range of salary
grades typically involved.
The NRC first established fees for search and review of agency
records in 1987 (52 FR 49350; December 31, 1987), and last updated
these fees in 2010 (75 FR 41368; July 16, 2010). Recently, as part of
the agency's biennial review of fees performed under the Chief
Financial Officers Act of 1990 (31 U.S.C. 902(a)(8)), the NRC
determined that the search and review rates for agency clerical staff
and for professional/managerial staff needed to be increased in order
to ensure the NRC continues to recover the direct costs of these
activities.
Thus, based on the results of this biennial review, Sec. 9.37(a)
will be changed from a GG-7/step 6 salary rate to a GG-9/step 7 salary
rate; and Sec. 9.37(b) will be changed from a GG-13/step 6 salary rate
to a GG-14/step 7 salary rate.
IV. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, well-organized manner
that also follows other best practices appropriate to the subject or
field and the intended audience. The NRC has written this document to
be consistent with the Plain Writing Act as well as the Presidential
Memorandum, ``Plain Language in Government Writing,'' published June
10, 1998 (63 FR 31883). The NRC requests comment on the proposed rule
with respect to clarity and effectiveness of the language used.
V. Availability of Documents
The NRC may post materials related to this document, including
public comments, on the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2017-0144. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2017-0144); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
frequently you would like to receive emails (daily, weekly, or
monthly).
List of Subjects in 10 CFR Part 9
Administrative practice and procedure, Courts, Criminal penalties,
Freedom of information, Government employees, Privacy, Reporting and
recordkeeping requirements, Sunshine Act.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; the Nuclear Waste Policy Act of 1982, as
amended; and 5 U.S.C. 552 and 553, the NRC is proposing the following
amendments to 10 CFR part 9:
PART 9--PUBLIC RECORDS
0
1. The authority citation for part 9 continues to read as follows:
Authority: Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 2201);
Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 44
U.S.C. 3504 note.
Subpart A also issued under 31 U.S.C. 9701.
Subpart B also issued under 5 U.S.C. 552a.
Subpart C also issued under 5 U.S.C. 552b.
0
2. In Sec. 9.37, revise paragraphs (a) and (b) to read as follows:
Sec. 9.37 Fees for search and review of agency records by NRC
personnel.
* * * * *
(a) Clerical search and review at a salary rate that is equivalent
to a GG-9/step 7, plus 16 percent fringe benefits;
(b) Professional/managerial search and review at a salary rate that
is equivalent to a GG-14/step 7, plus 16 percent fringe benefits; and
* * * * *
Dated at Rockville, Maryland, this 3rd day of December 2018.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2018-27168 Filed 12-18-18; 8:45 am]
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