[Federal Register Volume 88, Number 207 (Friday, October 27, 2023)]
[Notices]
[Pages 73880-73881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23792]


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NUCLEAR REGULATORY COMMISSION

[NRC-2023-0033]


Information Collection: Notices of Enforcement Discretion (NOEDs) 
for Operating Power Reactors and Gaseous Diffusion Plants (NRC 
Enforcement Policy)

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of submission to the Office of Management and Budget; 
request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has recently 
submitted a request for renewal of an existing collection of 
information to the Office of Management and Budget (OMB) for review. 
The information collection is entitled, ``Notices of Enforcement 
Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion 
Plants (NRC Enforcement Policy).''

DATES: Submit comments by November 27, 2023. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
on or before this date.

ADDRESSES: Written comments and recommendations for the proposed 
information collection should be sent within 30 days of publication of 
this notice to https://www.reginfo.gov/public/do/PRAMain. Find this 
particular information collection by selecting ``Currently under 
Review--Open for Public Comments'' or by using the search function.

FOR FURTHER INFORMATION CONTACT: David Cullison, NRC Clearance Officer, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-2084; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0033 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-2023-0033.
     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]. A copy of the collection of 
information and related instructions may be obtained without charge by 
accessing ADAMS Accession Nos. ML22056A177 and ML19193A023. The 
supporting statement is available in ADAMS under Accession No. 
ML23177A253.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. 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 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.
     NRC's Clearance Officer: A copy of the collection of 
information and related instructions may be obtained without charge by 
contacting the NRC's Clearance Officer, David C. Cullison, Office of 
the Chief Information Officer,

[[Page 73881]]

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-2084; email: [email protected].

B. Submitting Comments

    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication of this notice 
to https://www.reginfo.gov/public/do/PRAMain. Find this particular 
information collection by selecting ``Currently under Review--Open for 
Public Comments'' or by using the search function.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed in your comment submission. All comment submissions are 
posted at https://www.regulations.gov and entered into ADAMS. Comment 
submissions are not routinely edited to remove identifying or contact 
information.
    If you are requesting or aggregating comments from other persons 
for submission to the OMB, 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 comment submissions are not routinely edited to remove such 
information before making the comment submissions available to the 
public or entering the comment into ADAMS.

II. Background

    Under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. chapter 35), the NRC recently submitted a request for renewal of 
an existing collection of information to OMB for review entitled, 
``Notices of Enforcement Discretion (NOEDs) for Operating Power 
Reactors and Gaseous Diffusion Plants (NRC Enforcement Policy).'' The 
NRC hereby informs potential respondents that an agency may not conduct 
or sponsor, and that a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.
    The NRC published a Federal Register notice with a 60-day comment 
period on this information collection on June 12, 2023, 88 FR 38106.
    1. The title of the information collection: Notices of Enforcement 
Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion 
Plants (NRC Enforcement Policy).
    2. OMB approval number: 3150-0136.
    3. Type of submission: Extension.
    4. The form number, if applicable: Not applicable.
    5. How often the collection is required or requested: On occasion.
    6. Who will be required or asked to respond: Those licensees that 
voluntarily request enforcement discretion through the NOED process.
    7. The estimated number of annual responses: 8 (4 reporting 
responses + 4 recordkeepers).
    8. The estimated number of annual respondents: 4.
    9. The estimated number of hours needed annually to comply with the 
information collection requirement or request: 680 (600 reporting + 80 
recordkeeping).
    10. Abstract: The NRC's Enforcement Policy includes the 
circumstances in which the NRC may grant a NOED. On occasion, 
circumstances arise when a power plant licensee's compliance with a 
Technical Specification (TS) Limiting Condition for Operation or any 
other license condition would involve an unnecessary plant shutdown or 
transient. Similarly, for a gaseous diffusion plant, circumstances may 
arise where compliance with a Technical Safety Requirement (TSR) or 
other condition would unnecessarily call for a total plant shutdown, or 
compliance would unnecessarily place the plant in a condition where 
safety, safeguards, or security features were degraded or inoperable. 
In these circumstances, a licensee or certificate holder may request 
that the NRC exercise enforcement discretion, and the NRC staff may 
choose to not enforce the applicable TS, TSR, or other license or 
certificate condition. This enforcement discretion is designated as a 
NOED. A licensee or certificate holder seeking the issuance of a NOED 
must justify, in accordance with NRC Enforcement Manual (ADAMS 
Accession No. ML22056A177), the safety basis for the request, including 
an evaluation of the safety significance and potential consequences of 
the proposed request, a description of proposed compensatory measures, 
a justification for the duration of the request, the basis for the 
licensee's or certificate holder's conclusion that the request does not 
have a potential adverse impact on the public health and safety, and 
does not involve adverse consequences to the environment, and any other 
information the NRC staff deems necessary before making a decision to 
exercise discretion.

    Dated: October 24, 2023.

    For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief Information Officer.
[FR Doc. 2023-23792 Filed 10-26-23; 8:45 am]
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