[Federal Register Volume 88, Number 143 (Thursday, July 27, 2023)]
[Proposed Rules]
[Pages 48688-48691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14565]



[[Page 48687]]

Vol. 88

Thursday,

No. 143

July 27, 2023

Part XXIV





Nuclear Regulatory Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 88, No. 143 / Thursday, July 27, 2023 / UA: 
Reg Flex Agenda  

[[Page 48688]]


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NUCLEAR REGULATORY COMMISSION

[NRC-2023-0059]

10 CFR Chapter I


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 5 rulemaking activities 
since our complete Agenda was issued online at the Office of Management 
and Budget's website at https://www.reginfo.gov on January 4, 2023. 
This issuance of our Agenda contains 32 active and 21 long-term 
rulemaking activities: 3 are Economically Significant; 17 represent 
Other Significant agency priorities; 35 are Substantive, Nonsignificant 
rulemaking activities; and 3 are Administrative rulemaking activities. 
In addition, 7 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 February 
22, 2023.

DATES: Submit comments on rulemaking activities as identified in this 
Agenda by August 28, 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-2023-0059. 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-2023-0059 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-2023-0059.
     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. (ET), Monday through Friday, except Federal 
holidays.
     Reginfo.gov:
    [cir] For completed rulemaking activities go to https://www.reginfo.gov/public/do/eAgendaHistory?show Stage=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-2023-0059 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 48689]]

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 February 22, 2023. Specifically, the information in 
this Agenda has been updated through May 22, 2023. The NRC provides 
additional information on planned rulemaking and petition for 
rulemaking activities, including priority and schedule, in 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 have initiated one review that has a significant economic 
impact on a substantial number of small entities. Please see docket 
NRC-2023-0062 at https://www.regulations.gov to comment on NRC's newly 
initiated review, ``Section 610 Review of Physical Protection of 
Byproduct Material''. A complete listing of our regulations that impact 
small entities and related Small Entity Compliance Guides are available 
from NRC's website at https://www.nrc.gov/about-nrc/regulatory/rulemaking/flexibility-act/small-entities.html.

    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--Prerule Stage
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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342.......................  Physical Protection of             3150-AK94
                             Byproduct Material [NRC-
                             2023-0062] (Section 610
                             Review).
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           Nuclear Regulatory Commission--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
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343.......................  Revision to the NRC's              3150-AJ36
                             Acquisition Regulation
                             (NRCAR) [NRC-2014-0033].
344.......................  Revision of Fee Schedules:         3150-AK74
                             Fee Recovery for Fiscal
                             Year 2024 [NRC-2022-0046].
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             Nuclear Regulatory Commission--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
345.......................  Revision of Fee Schedules:         3150-AK58
                             Fee Recovery for FY 2023
                             [NRC-2021-0024].
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            Nuclear Regulatory Commission--Long-Term Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
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346.......................  Items Containing Byproduct         3150-AJ54
                             Material Incidental to
                             Production [NRC-2015-
                             0017].
347.......................  Revision of Fee Schedules:         3150-AK95
                             Fee Recovery for FY 2025
                             [NRC-2023-0069].
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NUCLEAR REGULATORY COMMISSION (NRC)

Prerule Stage

342.  Physical Protection of Byproduct Material [NRC-2023-0062] 
(Section 610 Review) [3150-AK94]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: On March 19, 2013, the U.S. Nuclear Regulatory Commission 
(NRC) promulgated Physical Protection of Byproduct Material (78 FR 
16922). The rule amended NRC's regulations to establish security 
requirements for the use and transport of category 1 and category 2 
quantities of radioactive material. Subsequently, on September 30, 
2014, the NRC promulgated Safeguards Information--Modified Handling 
Categorization; Change for Materials Facilities (79 FR 58664), to 
protect security-related information for large irradiators, 
manufacturers and distributors, and for the transport of category 1 
quantities of radioactive material using the information protection 
requirements in Part 37. This new entry in the regulatory agenda 
announces that NRC plans to conduct a review of this action pursuant to 
section 610 of the Regulatory Flexibility Act (5 U.S.C. 610) to 
determine if the provisions that could affect small entities should be 
continued without change or should be rescinded or amended to minimize 
adverse economic impacts on small entities. As part of this review, NRC 
will consider the following factors: (1) The continued need for the 
rule; (2) the nature of complaints or comments received concerning the 
rule; (3) the complexity of the rule; (4) the extent to which the rule 
overlaps, duplicates, or conflicts with other

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Federal, State, or local government rules; and (5) the degree to which 
the technology, economic conditions or other factors have changed in 
the area affected by the rule. As part of this review, the NRC will 
solicit public comments
    Timetable:

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               Action                    Date            FR Cite
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Begin Review........................   06/00/23  .......................
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    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jill Shepherd, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001, Phone: 301 415-1230, Email: [email protected].
    RIN: 3150-AK94.

NUCLEAR REGULATORY COMMISSION (NRC)

Proposed Rule Stage

343. 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.

344. 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  .......................
Final Rule..........................   05/00/24  .......................
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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)

Final Rule Stage

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

    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 annual 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................................   03/03/23  88 FR 13357
NPRM Comment Period End.............   04/03/23  .......................
Final Rule..........................   06/00/23  .......................
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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-AK58

NUCLEAR REGULATORY COMMISSION (NRC)

Long-Term Actions

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

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

    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

347.  Revision of Fee Schedules: Fee Recovery for FY 2025 [NRC-
2023-0069] [3150-AK95]

    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

[[Page 48691]]

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. NEIMA 
requires that the FY 2025 fees be collected by September 30, 2025. This 
rulemaking would affect the fee schedules for licensing, inspection, 
and annual fees charged to the NRC's applicants and licensees.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/25  .......................
Final Rule..........................   05/00/25  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jo Jacobs, Nuclear Regulatory Commission, Office of 
the Chief Financial Officer, Washington, DC 20555-0001, Phone: 301 415-
8388, Email: [email protected].
    RIN: 3150-AK95

[FR Doc. 2023-14565 Filed 7-26-23; 8:45 am]
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