[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 11372-11374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02041]



[[Page 11371]]

Vol. 88

Wednesday,

No. 35

February 22, 2023

Part XXV





Nuclear Regulatory Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 88 , No. 35 / Wednesday, February 22, 2023 / 
UA: Reg Flex Agenda  

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NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

[NRC-2022-0166]


Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Semiannual Regulatory Agenda.

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SUMMARY: We are publishing our 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 NRC's Agenda is a compilation of all rulemaking 
activities on which we have recently completed action or have proposed 
or are considering action. We have completed 10 rulemaking activities 
since our complete Agenda was issued online at the Office of Management 
and Budget's website at https://www.reginfo.gov on June 21, 2022. This 
issuance of our Agenda contains 30 active and 18 long-term rulemaking 
activities: 2 are Economically Significant; 17 represent Other 
Significant agency priorities; 27 are Substantive, Nonsignificant 
rulemaking activities; and 2 are Administrative rulemaking activities. 
In addition, 6 rulemaking activities impact small entities. We are 
requesting comment on the rulemaking activities as identified in this 
Agenda. The NRC's last Agenda was issued for public comment on August 
8, 2022.

DATES: Submit comments on rulemaking activities as identified in this 
Agenda by March 24, 2023.

ADDRESSES: Submit comments on any rulemaking activity in the Agenda by 
the date and methods specified in the Federal Register notice for 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 for comments received on or before the closure date specified in 
the Federal Register notice. You may submit comments on this Agenda 
through the Federal rulemaking website by going to https://www.regulations.gov and searching for Docket ID NRC-2022-0166. Address 
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407; 
email: [email protected].
    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 K. Bladey, Office of Nuclear 
Material Safety and Safeguards, 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-2022-0166 when contacting the NRC 
about the availability of information for this document. You may obtain 
publicly available information related to this document by any of the 
following methods:
     Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2022-0166.
     NRC's PDR: You may examine and purchase copies of public 
documents, by appointment, at the NRC's Public Document Room, 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. eastern time (ET), Monday through Friday, 
except Federal holidays.
     Reginfo.gov:
    [cir] For completed rulemaking activities, go to https://www.reginfo.gov/public/do/eAgendaHistory?showStage=completed, select 
``Fall 2022 The Regulatory Plan and the Unified Agenda of Federal 
Regulatory and Deregulatory Actions'' from drop down menu, and select 
``Nuclear Regulatory Commission'' from drop down menu.
    [cir] For active rulemaking activities go to https://www.reginfo.gov/public/do/eAgendaMain and select ``Nuclear Regulatory 
Commission'' from drop down menu.
    [cir] For long-term rulemaking activities go to https://www.reginfo.gov/public/do/eAgendaMain, select link for ``Current Long 
Term Actions,'' and select ``Nuclear Regulatory Commission'' from drop 
down menu.

B. Submitting Comments

    Please include Docket ID NRC-2022-0166 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 
NRC's 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 for 
which 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.
    The NRC assigns a ``Regulation Identifier Number'' (RIN) to a 
rulemaking activity when the Commission initiates a rulemaking and 
approves a rulemaking plan, or when the NRC staff begins work on a 
Commission-delegated rulemaking that does not require a rulemaking 
plan. 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

[[Page 11373]]

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 
our last Agenda on August 8, 2022. Specifically, the information in 
this Agenda has been updated through November 30, 2022. The NRC 
provides additional information on planned rulemaking and petition for 
rulemaking activities, including priority and schedule, in the NRC's 
Rulemaking Tracking System on our website at https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/ruleindex.html.
    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 our rulemaking process. However, we may 
consider or act on any rulemaking activity even though it is not 
included in the Agenda.

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 issuance of those 
regulations that have or will have a significant economic impact on a 
substantial number of small entities. We undertake these reviews to 
decide whether the rules should be unchanged, amended, or withdrawn. At 
this time, we do not have any rules that have a significant economic 
impact on a substantial number of small entities; therefore, we have 
not included any RFA Section 610 periodic reviews in this edition of 
the Agenda. A complete listing of our regulations that impact small 
entities and related Small Entity Compliance Guides are available from 
the NRC's website at https://www.nrc.gov/about-nrc/regulatory/rulemaking/flexibility-act/small-entities.html.

Public Comments Received on the NRC Unified Agenda

    The comment period on the NRC's last Agenda (published on August 8, 
2022 (https://www.govinfo.gov/content/pkg/FR-2022-08-08/pdf/2022-14620.pdf)) closed on September 7, 2022. The NRC did not receive any 
comments on its Spring 2022 Agenda.

    For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of 
Rulemaking, Environmental, and Financial Support, Office of Nuclear 
Material Safety and Safeguards.

           Nuclear Regulatory Commission--Proposed Rule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
583.......................  Revision to the NRC's              3150-AJ36
                             Acquisition Regulation
                             (NRCAR) [NRC-2014-0033].
584.......................  Revision of Fee Schedules:         3150-AK58
                             Fee Recovery for FY 2023
                             [NRC-2021-0024] (Reg Plan
                             Seq No. 226).
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References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


            Nuclear Regulatory Commission--Long-Term Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
585.......................  Items Containing Byproduct         3150-AJ54
                             Material Incidental to
                             Production [NRC-2015-
                             0017].
586.......................  Revision of Fee Schedules:         3150-AK74
                             Fee Recovery for Fiscal
                             Year 2024 [NRC-2022-0046].
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            Nuclear Regulatory Commission--Completed Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
587.......................  Revision of Fee Schedules:         3150-AK44
                             Fee Recovery for FY 2022
                             [NRC-2020-0031].
------------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION (NRC)

Proposed Rule Stage

583. Revision to the NRC'S Acquisition Regulation (NRCAR) [NRC-2014-
0033] [3150-AJ36]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: This rulemaking would amend the NRC's acquisition 
regulation that governs the procurement of goods and services for the 
agency. The purpose of this rulemaking is to update the NRC's 
acquisitions regulations (NRCAR) to conform with external regulations, 
incorporate NRC organizational changes, and remove outdated or obsolete 
information. The revisions would affect both internal and external 
stakeholders (contractors) and are needed to support current NRC 
contracting policies and ensure openness, transparency, and 
effectiveness in agency acquisitions.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   06/00/23
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jill Daly, Nuclear Regulatory Commission, Office of 
Administration, Washington, DC 20055-0001, Phone: 301 415-8079, Email: 
[email protected].
    RIN: 3150-AJ36

584. Revision of Fee Schedules: Fee Recovery for FY 2023 [NRC-2021-
0024] [3150-AK58]

    Regulatory Plan: This entry is Seq. No. 226 in part II of this 
issue of the Federal Register.
    RIN: 3150-AK58

NUCLEAR REGULATORY COMMISSION (NRC)

Long-Term Actions

585. Items Containing Byproduct Material Incidental to Production [NRC-
2015-0017] [3150-AJ54]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841

[[Page 11374]]

    Abstract: This rulemaking would amend the NRC's regulations 
regarding requirements for track-etched membranes that have been 
irradiated with mixed fission products during the production process. 
The rule also would accommodate the licensing and distribution of other 
irradiated products (e.g., gemstones) without the need for a specific 
exemption for each distributor. This rulemaking would affect the 
licensees and applicants for items containing byproduct material 
incidental to production. The rulemaking addresses a petition for 
rulemaking (PRM-30-65).
    Timetable:

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               Action                    Date            FR Cite
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Regulatory Basis....................   02/02/21  86 FR 7819
Regulatory Basis Comment Period End.   04/05/21
NPRM................................   06/27/22  87 FR 38012
NPRM Comment Period End.............   09/12/22
Final Rule..........................   12/00/25
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Caylee Kenny, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001, 
Phone: 301 415-7150, Email: [email protected].
    RIN: 3150-AJ54

586. Revision of Fee Schedules: Fee Recovery for Fiscal Year 2024 [NRC-
2022-0046] [3150-AK74]

    Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 
U.S.C. 5841
    Abstract: This rulemaking would amend the NRC's regulations for fee 
schedules. The NRC conducts this rulemaking annually to recover, to the 
maximum extent practicable, approximately 100 percent of the NRC's 
budget authority, less the budget authority for excluded activities to 
implement the Nuclear Energy Innovation and Modernization Act. This 
rulemaking would affect the fee schedules for licensing, inspection, 
and annual fees charged to the NRC's applicants and licensees.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   01/00/24
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Anthony Rossi, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001, 
Phone: 301 415-7341, Email: [email protected].
    RIN: 3150-AK74

NUCLEAR REGULATORY COMMISSION (NRC)

Completed Actions

587. Revision of Fee Schedules: Fee Recovery for FY 2022 [NRC-2020-
0031] [3150-AK44]

    Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 
U.S.C. 5841
    Abstract: This rulemaking would amend the NRC's regulations for fee 
schedules. The NRC conducts this rulemaking annually to recover 
approximately 100 percent of the NRC's FY 2022 budget authority, less 
excluded activities to implement NEIMA. This rulemaking would affect 
the fee schedules for licensing, inspection, and annual fees charged to 
the NRC's applicants and licensees.
    Timetable:

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               Action                    Date            FR Cite
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NPRM................................   02/23/22  87 FR 10081
NPRM Comment Period End.............   03/25/22
Final Rule..........................   06/22/22  87 FR 37197
Final Rule Effective................   08/22/22
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Anthony Rossi, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001, 
Phone: 301 415-7341, Email: [email protected].
    RIN: 3150-AK44

[FR Doc. 2023-02041 Filed 2-21-23; 8:45 am]
BILLING CODE 7590-01-P