80 FR 25335 - Sunshine Act Meeting Notice

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 85 (May 4, 2015)

Page Range		25335-25336
FR Document		2015-10384

Federal Register, Volume 80 Issue 85 (Monday, May 4, 2015)

[Federal Register Volume 80, Number 85 (Monday, May 4, 2015)]
[Notices]
[Pages 25335-25336]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10384]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0001]


Sunshine Act Meeting Notice

DATE:  April 27, May 4, 11, 18, 25, June 1, 8, 2015.

PLACE:  Commissioners' Conference Room, 11555 Rockville Pike, 
Rockville, Maryland.

STATUS:  Public and Closed.

Week of April 27, 2015

Thursday, April 30, 2015

8:55 a.m.
    Affirmation Session (Tentative)
    DTE Electric Co. (Fermi Nuclear Power Plant, Unit 3), Docket No. 
52-033 (Public Meeting) (Tentative)
    This meeting will be webcast live at the Web address--http://www.nrc.gov/.
9 a.m.
    Briefing on the Status of Lessons Learned from the Fukushima Dai-
ichi Accident (Public Meeting) (Contact: Jack Davis, 301--415-223)
    This meeting will be webcast live at the Web address--http://www.nrc.gov/.

[[Page 25336]]

Week of May 4, 2015

    There are no meetings scheduled for the week of May 4, 2015.

Week of May 11, 2015--Tentative

    There are no meetings scheduled for the week of May 11, 2015.

Week of May 18, 2015--Tentative

Tuesday, May 19, 2015

9 a.m.
    Briefing on Cumulative Effects of Regulation and Risk 
Prioritization Initiatives (Public Meeting) (Contact: Steve Ruffin, 
301- 415-1985)
    This meeting will be webcast live at the Web address--http://www.nrc.gov/.

Thursday, May 21, 2015

9 a.m.
    Briefing on the Results of the Agency Action Review Meeting (Public 
Meeting) (Contact: Nathan Sanfilippo, 301-415-8744)
    This meeting will be webcast live at the Web address--http://www.nrc.gov/.

Week of May 25, 2015--Tentative

    There are no meetings scheduled for the week of May 25, 2015.

Week of June 1, 2015--Tentative

    There are no meetings scheduled for the week of June 1, 2015

Week of June 8, 205--Tentative

Thursday, June 11, 2015

10 a.m.
    Meeting with the Advisory Committee on Reactor Safeguards (Public 
Meeting) (Contact: Edwin Hackett, 301-415-7360)
    This meeting will be webcast live at the Web address--http://www.nrc.gov/.
* * * * *
    The schedule for Commission meetings is subject to change on short 
notice. For more information or to verify the status of meetings, 
contact Glenn Ellmers at 301-415-0442 or via email at 
[email protected].
* * * * *

Additional Information

    By a vote of 4-0 on April 28 and 29, 2015, the Commission 
determined pursuant to U.S.C. 552b(e) and 9.107(a) of the Commission's 
rules that an Affirmation Session for DTE Electric Co. (Fermi Nuclear 
Power Plant, Unit 3), Docket No. 52-033, Mandatory Hearing Decision be 
held with less than one week notice to the public. The meeting is 
tentatively scheduled for April 30, 2015.
    This meeting will be webcast live at the Web address--http://www.nrc.gov/.
* * * * *
    The NRC Commission Meeting Schedule can be found on the Internet 
at: http://www.nrc.gov/public-involve/public-meetings/schedule.html.
* * * * *
    The NRC provides reasonable accommodation to individuals with 
disabilities where appropriate. If you need a reasonable accommodation 
to participate in these public meetings, or need this meeting notice or 
the transcript or other information from the public meetings in another 
format (e.g. braille, large print), please notify Kimberly Meyer, NRC 
Disability Program Manager, at 301-287-0727, by videophone at 240-428-
3217, or by email at [email protected]. Determinations on 
requests for reasonable accommodation will be made on a case-by-case 
basis.
* * * * *
    Members of the public may request to receive this information 
electronically. If you would like to be added to the distribution, 
please contact the Nuclear Regulatory Commission, Office of the 
Secretary, Washington, DC 20555 (301-415-1969), or email 
[email protected] or [email protected].

    Dated: April 29, 2015.
Glenn Ellmers,
Policy Coordinator, Office of the Secretary.
[FR Doc. 2015-10384 Filed 4-30-15; 11:15 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 80, No. 85 / Monday, May 4, 2015 / Notices 25335

terminate a controversy or remove a correction is ‘‘technical’’ in the sense regulatory provisions. 74 FR 6832, 6833
uncertainty’’ as part of formal that it merely clarifies existing (Feb. 11, 2009). The CRJs explained that
adjudications. 5 U.S.C. 554(e). regulations to ensure they are applied in doing so would ‘‘clarify potential
SoundExchange disputes that the manner intended by the CRJs. As the confusion facing users of the license at
contention on the ground that, within district court appreciated, the CRJs are issue’’ and ‘‘promote an efficient
the meaning of the APA, the CRJs in the best position to provide this type administration of the applicable
engage in rulemakings, not of interpretive guidance, given their license.’’ Id. These same rationales
adjudications, and therefore 5 U.S.C. familiarity with the extensive record on apply with equal force here.
554(e) does not apply. which the regulations are based and
their general ‘‘technical and policy B. The CRJs’ Continuing Jurisdiction Is
With respect to the remaining two
expertise.’’ SoundExchange, 2014 WL Not Subject to Time Limits, and Extends
questions, the parties agree that if the
4219591 at *4. This approach is also to Both Current and Lapsed Rate
CRJs have authority to interpret
consistent with general principles of Periods.
regulations adopted in the course of a
rate determination proceeding, that administrative law, under which courts The Register agrees with the parties
authority would not be time limited. In regularly defer to agencies’ reasonable that the CRJs’ continuing jurisdiction
addition, they agree that the CRJs’ interpretations of ambiguous authority is not subject to a time limit.
continuing jurisdiction does not depend regulations. See Auer v. Robbins, 519 Nothing in the text of section 803(c)(4)
on whether a rate period is current or U.S. 452, 461 (1997). Section 803(c)(4) indicates a time limit. And, no other
lapsed. provides the administrative mechanism provision in Title 17 would otherwise
by which the CRJs can issue such impose a time limit on the CRJs’
III. Register’s Determination interpretations. exercise of that authority. Furthermore,
Having considered the relevant This understanding of section the scope of the CRJs’ continuing
statutory language and the input from 803(c)(4) also comports with the jurisdiction authority is the same
the parties, the Register determines that Register’s prior reading of that whether the terms at issue concern a
the CRJs have jurisdiction under section provision. Specifically, the Register has current or lapsed rate period. Nothing in
803(c)(4) of Title 17 to clarify the construed section 803(c)(4) as providing the text of section 803(c)(4), or any other
meaning of the regulations adopted in the CRJs the authority to amend their provision in Title 17, differentiates
SDARS I. The Register also determines regulations to conform with the between current and lapsed rate periods
that this authority is not time-limited, Register’s interpretation of the for purposes of the CRJs’ exercise of
and that the CRJs’ authority is the same Copyright Act. In 2009, after the CRJs continuing jurisdiction.
whether the regulations at issue apply to issued a determination setting the rates April 8, 2015
a current or lapsed rate period. and terms of royalty payments for Maria A. Pallante,
making and distribution of Register of Copyrights and Director of the
A. The CRJs’ Continuing Jurisdiction phonorecords of musical works under United States Copyright Office
Encompasses the Authority to Issue 17 U.S.C. 115, the Register exercised her [FR Doc. 2015–10305 Filed 5–1–15; 8:45 am]
Clarifying Amendments to Written statutory authority to correct certain BILLING CODE P
Determinations. legal errors in that determination. 74 FR
As noted above, under section 4537 (Jan. 6, 2009). In particular, the
803(c)(4), the CRJs ‘‘may issue an Register concluded that a number of
regulatory terms that the CRJs had NUCLEAR REGULATORY
amendment to a written determination
adopted were inconsistent with the COMMISSION
to correct any technical or clerical errors
in the determination or to modify the Copyright Act, including certain terms [NRC–2015–0001]
terms, but not the rates, of royalty related to digital phonorecord deliveries
payments in response to unforeseen and the retroactivity of promotional Sunshine Act Meeting Notice
circumstances that would frustrate the royalty rates. See 73 FR at 4541–42.
proper implementation of such Although the Register lacked the DATE: April 27, May 4, 11, 18, 25, June
determination.’’ 17 U.S.C. 803(c)(4). As authority actually to amend the 1, 8, 2015.
an initial matter, the Register accepts regulations adopted by the CRJs, she PLACE: Commissioners’ Conference
the district court’s conclusion that the concluded that the CRJs could ‘‘codify Room, 11555 Rockville Pike, Rockville,
meaning of the relevant regulatory the corrections identified and made Maryland.
provisions, and the application of those herein by the Register’’ by exercising STATUS: Public and Closed.
provisions to the particular fact pattern their authority under section 803(c)(4).
presented here, is uncertain. See Id. at 4543. The CRJs subsequently Week of April 27, 2015
SoundExchange, 2014 WL 4219591, at relied on that authority to amend the Thursday, April 30, 2015
*4 (‘‘[T]he gross revenue exclusions are regulations and excise the erroneous
8:55 a.m.
ambiguous and do not, on their face,
circumstances that would frustrate the proper Affirmation Session (Tentative)
make clear whether Sirius XM’s implementation of such determination’’ provides an DTE Electric Co. (Fermi Nuclear
approaches were permissible under the alternate source of authority to clarify the SDARS Power Plant, Unit 3), Docket No.
regulations.’’). I regulations. 17 U.S.C. 803(c)(4). SoundExchange
contends, however, that the definition of ‘‘Gross 52–033 (Public Meeting) (Tentative)
The Register concludes that the CRJs’
Revenues’’ is not a ‘‘term.’’ For its part, the district This meeting will be webcast live at
power to ‘‘correct any technical . . .
mstockstill on DSK4VPTVN1PROD with NOTICES

court concluded that the definition was a term. the Web address—http://www.nrc.gov/.
errors’’ in determinations encompasses SoundExchange, 2014 WL 4219591 at *5 (‘‘Neither 9 a.m.
the power to resolve ambiguity in the party is asking for a change to rates; only a
clarification of terms.’’). The Register need not Briefing on the Status of Lessons
meaning of regulations adopted
resolve this issue, because the CRJs’ separate power Learned from the Fukushima Dai-
pursuant to those determinations.3 Such to ‘‘correct any technical . . . errors’’ provides a ichi Accident (Public Meeting)
sufficient basis for the CRJs to act in this case. For
3 As explained above, Sirius XM argues that the the same reason, the Register need not address
(Contact: Jack Davis, 301—415–223)
CRJs’ power to ‘‘modify the terms, but not the rates, whether the APA separately authorizes the CRJs to This meeting will be webcast live at
of royalty payments in response to unforeseen clarify the SDARS I regulations. the Web address—http://www.nrc.gov/.

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Document Created: 2018-02-21 10:22:47
Document Modified: 2018-02-21 10:22:47

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Dates		April 27, May 4, 11, 18, 25, June 1, 8, 2015.
FR Citation		80 FR 25335