[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Notices]
[Pages 27375-27376]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-09606]


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NUCLEAR REGULATORY COMMISSION

[NRC-2026-0430]


Information Collection: Notice of Enforcement Discretion (NOED) 
for Operating Power Reactors and Gaseous Diffusion Plants (GDP), NRC 
Enforcement Policy

AGENCY: Nuclear Regulatory Commission.

ACTION: Renewal of existing information collection; request for 
comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) invites public 
comment on the renewal of Office of Management and Budget (OMB) 
approval for an existing collection of information. The information 
collection is entitled, ``Notice of Enforcement Discretion (NOED) for 
Operating Power Reactors and Gaseous Diffusion Plants (GDP), NRC 
Enforcement Policy.''

DATES: Submit comments by July 13, 2026. 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: You may submit comments by any of the following methods; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2026-0430. Address 
questions about Docket IDs in Regulations.gov to Bridget Curran; 
telephone: 301-415-1003; email: [email protected]. For technical 
questions, contact the individual listed in the For Further Information 
Contact section of this document.
     Mail comments to: Heather Dempsey, Office of the Chief 
Information Officer, Mail Stop: T-6 A10M, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    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: Heather Dempsey, Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-0856; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2026-0430 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-2026-0430. A copy of 
the collection of information and related instructions may be obtained 
without charge by accessing Docket ID NRC-2026-0430 on this website.
     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 ADAMS Public 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 No. ML23362A014. The supporting statement is available in 
ADAMS under Accession No. ML26041A108.
     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 Acting Clearance Officer, Heather Dempsey, Office 
of the Chief Information Officer, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-0856; email: 
[email protected].

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2026-0430, in your comment submission.
    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 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 comment submissions are not routinely edited to remove such 
information before making the comment submissions available to

[[Page 27376]]

the public or entering the comment into ADAMS.

II. Background

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the NRC is requesting public comment on its intention to 
request the OMB's approval for the information collection summarized as 
follows.
    1. The title of the information collection: Notice of Enforcement 
Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion 
Plants (GDP), 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.

III. Specific Requests for Comments

    The NRC is seeking comments that address the following questions:
    1. Is the proposed collection of information necessary for the NRC 
to properly perform its functions? Does the information have practical 
utility? Please explain your answer.
    2. Is the estimate of the burden of the information collection 
accurate? Please explain your answer.
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection on respondents 
be minimized, including the use of automated collection techniques or 
other forms of information technology?
    Authority: 42 U.S.C. 2011 et seq.

    Dated: May 11, 2026.

    For the Nuclear Regulatory Commission.
Heather Dempsey,
Acting NRC Clearance Officer, Office of the Chief Information Officer.
[FR Doc. 2026-09606 Filed 5-13-26; 8:45 am]
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