[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Rules and Regulations]
[Page 12853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04813]



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 Rules and Regulations
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  Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules 
and Regulations  

[[Page 12853]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 11, 25, and 95

[NRC-2020-0133]
RIN 3150-AK49


Access Authorization Fees

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule; withdrawal.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing a 
direct final rule that would have updated the access authorization fees 
charged to NRC licensees for work performed under the Material Access 
Authorization Program and the Information Access Authority Program. The 
direct final rule also would have made two administrative changes to 
revise definitions to include new naming conventions for background 
investigation case types and to specify the electronic process for 
completing security forms. The NRC is taking this action because it has 
received a significant adverse comment in response to the companion 
proposed rule that was published with the direct final rule.

DATES: Effective March 8, 2022, the NRC withdraws the direct final rule 
published at 86 FR 73631 on December 28, 2021.

ADDRESSES: Please refer to Docket ID NRC-2020-0133 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 https://www.regulations.gov and search for Docket ID NRC-2020-0133. Address 
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407; 
email: [email protected]. For technical questions, contact the 
individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at https://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, at 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 the SUPPLEMENTARY INFORMATION 
section.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's PDR, Room P1 B35, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make 
an appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington DC 20555-0001, telephone: 301-415 8342, email: 
[email protected].

SUPPLEMENTARY INFORMATION: On December 28, 2021 (86 FR 73631), the NRC 
published in the Federal Register a direct final rule that would have 
amended parts 11, 25, and 95 of title 10 of the Code of Federal 
Regulations to update the access authorization fees charged to NRC 
licensees for work performed under the Material Access Authorization 
Program and the Information Access Authority Program. The direct final 
rule also would have made two administrative changes to revise 
definitions to include new naming conventions for background 
investigation case types and to specify the electronic process for 
completing security forms. The direct final rule was to become 
effective on March 14, 2022.
    The NRC also concurrently published a companion proposed rule on 
December 28, 2022 (86 FR 73685). In the proposed rule, the NRC stated 
that if any significant adverse comments were received, then the NRC 
would withdraw the direct final rule by publishing a notice in the 
Federal Register. In that event, the direct final rule would not take 
effect.
    The NRC received a significant adverse comment on the proposed rule 
that accompanied the direct final rule; therefore the NRC is 
withdrawing the direct final rule. The comment was submitted by the 
Nuclear Energy Institute, a private organization. The comment (ADAMS 
Accession No. ML22025A233) is available at www.regulations.gov by 
searching on Docket ID NRC-2020-0133. The comment states that the 
direct final rule did not provide sufficient information to explain the 
proposed increase in authorization fees. Specifically, the comment 
questions why the NRC selected the revised number and how authorization 
applications are becoming more complex. Additionally, the comment 
requests that the NRC consider phasing in the proposed fee increase and 
takes issue with the direct final rule's conclusion that the NRC has 
not adjusted its fees since 2012. The NRC considers the comment to be a 
significant adverse comment as defined in Section II, Rulemaking 
Procedure, of the direct final rule because the comment raises an issue 
serious enough to warrant a substantive response to clarify or complete 
the record.
    As stated in the December 28, 2021, proposed rule, the NRC will 
address the comment in a subsequent final rule. The NRC will not 
initiate a second public comment period on this action.

    Dated: March 2, 2022.

    For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2022-04813 Filed 3-7-22; 8:45 am]
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