80_FR_78348 80 FR 78108 - Unified Agenda of Federal Regulatory and Deregulatory Actions

80 FR 78108 - Unified Agenda of Federal Regulatory and Deregulatory Actions

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 80, Issue 240 (December 15, 2015)

Page Range78108-78110
FR Document2015-30676

The U.S. Nuclear Regulatory Commission (NRC) is publishing its 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 Agenda is a compilation of all rules on which the NRC has recently completed action or has proposed or is considering action. The NRC has completed 8 rulemaking activities since publication of its last Agenda on June 18, 2015 (80 FR 35170). This issuance of the NRC's Agenda contains 34 active and 23 long-term rulemaking activities: 3 are Economically Significant; 10 represent Other Significant agency priorities; 50 are Substantive, Nonsignificant rulemaking activities; and 2 are Administrative rulemaking activity. In addition, 4 rulemaking activities impact small entities. This issuance also contains the NRC's annual regulatory plan, which includes a statement of the major rules that the NRC expects to publish in the coming fiscal year (FY) and a description of the other significant regulatory priorities that the NRC expects to work on during the coming FY and beyond. The NRC is requesting comment on its rulemaking activities as identified in this Agenda.

Federal Register, Volume 80 Issue 240 (Tuesday, December 15, 2015)
[Federal Register Volume 80, Number 240 (Tuesday, December 15, 2015)]
[Unknown Section]
[Pages 78108-78110]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30676]



[[Page 78107]]

Vol. 80

Tuesday,

No. 240

December 15, 2015

Part XXVI





Nuclear Regulatory Commission





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Semiannual Regulatory Agenda

Federal Register / Vol. 80 , No. 240 / Tuesday, December 15, 2015 / 
Unified Agenda

[[Page 78108]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

[NRC-2015-0222]


Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Semiannual regulatory agenda.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing its 
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 Agenda is a compilation of all 
rules on which the NRC has recently completed action or has proposed or 
is considering action. The NRC has completed 8 rulemaking activities 
since publication of its last Agenda on June 18, 2015 (80 FR 35170). 
This issuance of the NRC's Agenda contains 34 active and 23 long-term 
rulemaking activities: 3 are Economically Significant; 10 represent 
Other Significant agency priorities; 50 are Substantive, Nonsignificant 
rulemaking activities; and 2 are Administrative rulemaking activity. In 
addition, 4 rulemaking activities impact small entities. This issuance 
also contains the NRC's annual regulatory plan, which includes a 
statement of the major rules that the NRC expects to publish in the 
coming fiscal year (FY) and a description of the other significant 
regulatory priorities that the NRC expects to work on during the coming 
FY and beyond. The NRC is requesting comment on its rulemaking 
activities as identified in this Agenda.

DATES: Submit comments on rulemaking activities as identified in this 
Agenda by January 14, 2016.

ADDRESSES: Submit comments on any rulemaking activity in the Agenda by 
the date and methods specified in any Federal Register notice on 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 as to comments received on or before the closure dates specified 
in the Federal Register notice. You may submit comments on this Agenda 
through the Federal Rulemaking Web site by going to http://www.regulations.gov and searching for Docket ID NRC-2015-0222. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions on any 
rulemaking activity listed in the Agenda, contact the individual listed 
under the heading ``Agency Contact'' for that rulemaking activity.
    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 Bladey, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-3280; email: Cindy.Bladey@nrc.gov. 
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-2015-0222 when contacting the NRC 
about the availability of information for this document. You may obtain 
publically-available information related to this document by any of the 
following methods:
     Reginfo.gov:
    [cir] For completed rulemaking activities go to http://www.reginfo.gov/public/do/eAgendaHistory?showStage=completed and select 
Nuclear Regulatory Commission from drop down menu.
    [cir] For active rulemaking activities go to http://www.reginfo.gov/public/do/eAgendaMain and select Nuclear Regulatory 
Commission from drop down menu.
    [cir] For long-term rulemaking activities go to http://www.reginfo.gov/public/do/eAgendaHistory?operation=OPERATION_GET_PUBLICATION&showStage=longterm¤tPubId=201410 and select Nuclear Regulatory Commission from drop 
down menu.
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0222.
     NRC's Public Web site: Go to http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/unified-agenda.html and select 
fall 2015.
     NRC's Public Document Room: You may examine and purchase 
copies of public documents at the NRC's PDR, Room O1-F21, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2015-0222 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 
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 that 
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 Agenda.
    A ``Regulation Identifier Number'' or RIN is given to each 
rulemaking activity that the NRC has published or plans on publishing a 
Federal Register notice and 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 for a completed, an active, or a long-term 
rulemaking activity.
    The information contained in this Agenda is updated to reflect any 
action

[[Page 78109]]

that has occurred on rulemaking activities since publication of the 
last NRC Agenda on June 18, 2015 (80 FR 35170). Specifically, the 
information in this Agenda has been updated through September 18, 2015.
    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 the NRC rulemaking process. However, the 
NRC may consider or act on any rulemaking activity even though it is 
not included in the Agenda.

Common Prioritization of Rulemaking

    A key part of the NRC's regulatory program is a periodic review of 
all ongoing and potential rulemaking activities. In conjunction with 
its budget, the NRC compiles a Common Prioritization of Rulemaking 
(CPR) report to develop program budget estimates and to determine the 
relative priority of NRC rulemaking activities. The CPR process 
considers four factors and assigns a score to each factor. Factor A 
includes activities that support the NRC's Strategic Plan goals of 
ensuring the safe and secure use of radioactive materials. Factor B 
includes rulemaking activities that support the NRC's Strategic Plan 
cross-cutting strategies for enhancing regulatory effectiveness and/or 
openness in the conduct of regulatory activities. Factor C is a 
governmental factor representing the relative interest of the NRC, 
Congress, or other governmental bodies in the rulemaking activity. 
Factor D is an external factor representing the relative interest to 
members of the public, non-governmental organizations, the nuclear 
industry, vendors, and suppliers in the rulemaking activity. The 
overall priority is determined by adding the factor scores together for 
each rulemaking activity. The CPR report and a detailed description of 
the CPR process are available from the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/rule-priorities.html.
    The NRC's fall Agenda contains its annual regulatory plan, which 
includes a statement of the major rules that the NRC expects to publish 
in the coming FY and a description of the other significant regulatory 
priorities from the CPR that the NRC expects to work on during the 
coming FY and beyond. The NRC's regulatory plan was submitted to OMB in 
June 2015; updates have been reflected in the Agenda abstract for each 
rulemaking.

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

Public Comments Received on NRC Agendas

    The NRC has received comments from the Nuclear Energy Institute 
(NEI) regarding the level of detail provided in the abstract for each 
NRC rulemaking activity and on the process the NRC uses to prioritize 
its rulemaking activities.
    The NRC actively seeks to improve its rulemaking process and 
reporting. In recent Agendas NRC has reported additional information in 
the preamble and in the abstracts for its rules; in addition, in June 
of 2015, NRC launched a new public Web page with detail on the NRC's 
process for rulemaking prioritization: http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/rule-priorities.html. NRC finds 
these actions address NEI's suggestions related to reporting on its 
rulemaking prioritization. NRC notes that it has received comments from 
NEI and other members of the public regarding the methodology staff 
uses to prioritize rulemaking activities. Each year the NRC reviews its 
methodology for prioritizing rulemaking activities to determine if 
changes are necessary; at this time the NRC does not plan to make any 
changes to its methodology. However, the agency currently is engaged in 
an enterprise-wide project to review several of its regulatory and 
internal processes, including rulemaking (see http://pbadupws.nrc.gov/docs/ML1515/ML15159A234.pdf).

    Dated at Rockville, Maryland, this 18th day of September 2015.

    For the Nuclear Regulatory Commission.
Cindy Bladey,
Chief, Rules, Announcements, and Directives Branch, Division of 
Administrative Services, Office of Administration.

           Nuclear Regulatory Commission--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
538..........................  Variable Annual Fee             3150-AI54
                                Structure for Small
                                Modular Power Reactors
                                [NRC-2008-0664].
539..........................  Revision of Fee                 3150-AJ66
                                Schedules: Fee
                                Recovery for FY 2016
                                [NRC-2015-0223].
------------------------------------------------------------------------


            Nuclear Regulatory Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
540..........................  Controlling the                 3150-AH18
                                Disposition of Solid
                                Materials [NRC-1999-
                                0002].
------------------------------------------------------------------------


[[Page 78110]]


            Nuclear Regulatory Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
         Sequence No.                   Title            Identifier No.
------------------------------------------------------------------------
541..........................  Revision of Fee                 3150-AJ44
                                Schedules: Fee
                                Recovery for FY 2015
                                [NRC-2014-0200].
------------------------------------------------------------------------


NUCLEAR REGULATORY COMMISSION (NRC)

Proposed Rule Stage

538. Variable Annual Fee Structure for Small Modular Power Reactors 
[NRC-2008-0664]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: The advanced notice of proposed rulemaking (ANPRM) was 
published in the Federal Register on March 25, 2009 (74 FR 12735), 
seeking comments from the public on a possible variable fee structure 
for part 171 annual fees for power reactors based on licensed power 
limits. The comment period ended on June 8, 2009, and the NRC received 
16 public comments. The Commission approved the staff's recommendation 
to establish an NRC workgroup to analyze suggested methodologies for a 
variable annual fee structure for power reactors in SECY-09-0137 dated 
October 13, 2009. On February 7, 2011, the Office of the Chief 
Financial Officer (OCFO) sent a memorandum to the Commission (ADAMS 
Accession No. ML110380251) responding to SECY-09-0137. On March 27, 
2015, the OCFO sent a memorandum to the Commission requesting approval 
to proposed a variable annual fee structure for small modular reactor 
March 27, 2015, (ADAMS Accession No. ML110380251). The Commission 
approved the staff's request to publish this rule (SRM) to SECY-15-044, 
May 18, 2015, (ADAMS Accession No. ML15135A427).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/25/09  74 FR 12735
ANPRM Comment Period End............   06/08/09  .......................
NPRM................................   11/04/15  80 FR 68268
NPRM Comment Period End.............   12/04/15  .......................
Final Rule..........................   06/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Arlette P. Howard, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001, 
Phone: 301 415-1481, Email: arlette.howard@nrc.gov.
    RIN: 3150-AI54

539.  Revision of Fee Schedules: Fee Recovery for FY 2016 [NRC-
2015-0223]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: This proposed rulemaking would amend the licensing, 
inspection, and annual fees that the Commission charges its applicants 
and licensees. These amendments would implement the Omnibus Budget 
Reconciliation Act of 1990 (OBRA-90) as amended, which requires that 
the NRC recover approximately 90 percent of its budget authority in 
Fiscal Year (FY) 2016, less the amounts appropriated from the Waste 
Incidental to Reprocessing, and generic homeland security activities.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/16  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Arlette P. Howard, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001, 
Phone: 301 415-1481, Email: arlette.howard@nrc.gov.
    RIN: 3150-AJ66

NUCLEAR REGULATORY COMMISSION (NRC)

Long-Term Actions

540. Controlling the Disposition of Solid Materials [NRC-1999-0002]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: The NRC staff provided a draft proposed rule package on 
Controlling the Disposition of Solid Materials to the Commission on 
March 31, 2005, which the Commission disapproved (ADAMS Accession No. 
ML051520285). The rulemaking package included a summary of stakeholder 
comments (NUREG/CR-6682), Supplement 1 (ADAMS Accession No. 
ML003754410). The Commission's decision was based on the fact that the 
Agency is currently faced with several high priority and complex tasks, 
that the current approach to review specific cases on an individual 
basis is fully protective of public health and safety, and that the 
immediate need for this rule has changed due to the shift in timing for 
reactor decommissioning. The Commission has deferred action on this 
rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Torre Taylor, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001, 
Phone: 301 415-7900, Email: torre.taylor@nrc.gov.
    RIN: 3150-AH18

NUCLEAR REGULATORY COMMISSION (NRC)

Completed Actions

541. Revision of Fee Schedules: Fee Recovery for FY 2015 [NRC-2014-
0200]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: This final rule amends the licensing, inspection, and 
annual fees that the Commission charges its applicants and licensees. 
These amendments implement the Omnibus Budget Reconciliation Act of 
1990 (OBRA-90) as amended, which requires that the NRC recover 
approximately 90 percent of its budget authority in Fiscal Year (FY) 
2015, less the amounts appropriated from the Waste Incidental to 
Reprocessing, and generic homeland security activities.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   06/30/15  80 FR 37432
Final Rule Effective................   08/31/15  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Arlette P. Howard, Phone: 301 415-1481, Email: 
arlette.howard@nrc.gov.
    RIN: 3150-AJ44

[FR Doc. 2015-30676 Filed 12-14-15; 8:45 am]
 BILLING CODE 7590-01-P



                                                      78108               Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                      NUCLEAR REGULATORY                                      email: Carol.Gallagher@nrc.gov. For                   11555 Rockville Pike, Rockville,
                                                      COMMISSION                                              technical questions on any rulemaking                 Maryland 20852.
                                                                                                              activity listed in the Agenda, contact the
                                                      10 CFR Chapter I                                                                                              B. Submitting Comments
                                                                                                              individual listed under the heading
                                                                                                              ‘‘Agency Contact’’ for that rulemaking                  Please include Docket ID NRC–2015–
                                                      [NRC–2015–0222]                                                                                               0222 in your comment submission.
                                                                                                              activity.
                                                                                                                 For additional direction on obtaining                The NRC cautions you not to include
                                                      Unified Agenda of Federal Regulatory                                                                          identifying or contact information that
                                                      and Deregulatory Actions                                information and submitting comments,
                                                                                                              see ‘‘Obtaining Information and                       you do not want to be publicly
                                                      AGENCY:  Nuclear Regulatory                             Submitting Comments’’ in the                          disclosed in your comment submission.
                                                      Commission.                                             SUPPLEMENTARY INFORMATION section of                  The NRC will post all comment
                                                      ACTION: Semiannual regulatory agenda.                   this document.                                        submissions at http://
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                    www.regulations.gov as well as enter the
                                                      SUMMARY:    The U.S. Nuclear Regulatory                 Cindy Bladey, Office of Administration,               comment submissions into ADAMS.
                                                      Commission (NRC) is publishing its                      U.S. Nuclear Regulatory Commission,                   The NRC does not routinely edit
                                                      semiannual regulatory agenda (the                       Washington, DC 20555–0001, telephone:                 comment submissions to remove
                                                      Agenda) in accordance with Public Law                   301–415–3280; email: Cindy.Bladey@                    identifying or contact information.
                                                      96–354, ‘‘The Regulatory Flexibility                                                                            If you are requesting or aggregating
                                                                                                              nrc.gov. Persons outside the
                                                      Act,’’ and Executive Order 12866,                                                                             comments from other persons for
                                                                                                              Washington, DC, metropolitan area may
                                                      ‘‘Regulatory Planning and Review.’’ The                                                                       submission to the NRC, then you should
                                                                                                              call, toll-free: 1–800–368–5642. For
                                                      Agenda is a compilation of all rules on                                                                       inform those persons not to include
                                                                                                              further information on the substantive
                                                      which the NRC has recently completed                                                                          identifying or contact information that
                                                                                                              content of any rulemaking activity listed
                                                      action or has proposed or is considering                                                                      they do not want to be publicly
                                                                                                              in the Agenda, contact the individual
                                                      action. The NRC has completed 8                                                                               disclosed in their comment submission.
                                                                                                              listed under the heading ‘‘Agency
                                                      rulemaking activities since publication                                                                       Your request should state that the NRC
                                                                                                              Contact’’ for that rulemaking activity.
                                                      of its last Agenda on June 18, 2015 (80                                                                       does not routinely edit comment
                                                                                                              SUPPLEMENTARY INFORMATION:                            submissions to remove such information
                                                      FR 35170). This issuance of the NRC’s
                                                      Agenda contains 34 active and 23 long-                  Obtaining Information and Submitting                  before making the comment
                                                      term rulemaking activities: 3 are                       Comments                                              submissions available to the public or
                                                      Economically Significant; 10 represent                                                                        entering the comment into ADAMS.
                                                                                                              A. Obtaining Information
                                                      Other Significant agency priorities; 50                                                                       Introduction
                                                      are Substantive, Nonsignificant                           Please refer to Docket ID NRC–2015–
                                                      rulemaking activities; and 2 are                        0222 when contacting the NRC about                       The Agenda is a compilation of all
                                                      Administrative rulemaking activity. In                  the availability of information for this              rulemaking activities on which an
                                                      addition, 4 rulemaking activities impact                document. You may obtain publically-                  agency has recently completed action or
                                                      small entities. This issuance also                      available information related to this                 has proposed or is considering action.
                                                      contains the NRC’s annual regulatory                    document by any of the following                      The Agenda reports rulemaking
                                                      plan, which includes a statement of the                 methods:                                              activities in three major categories:
                                                      major rules that the NRC expects to                       • Reginfo.gov:                                      completed, active, and long-term.
                                                      publish in the coming fiscal year (FY)                    Æ For completed rulemaking                          Completed rulemaking activities are
                                                      and a description of the other significant              activities go to http://www.reginfo.gov/              those that were completed since
                                                      regulatory priorities that the NRC                      public/do/eAgendaHistory?showStage=                   publication of an agency’s last Agenda;
                                                      expects to work on during the coming                    completed and select Nuclear                          active rulemaking activities are those
                                                      FY and beyond. The NRC is requesting                    Regulatory Commission from drop                       that an agency currently plans to have
                                                      comment on its rulemaking activities as                 down menu.                                            an Advance Notice of Proposed
                                                      identified in this Agenda.                                Æ For active rulemaking activities go               Rulemaking, a Proposed Rule, or a Final
                                                                                                              to http://www.reginfo.gov/public/do/                  Rule issued within the next 12 months;
                                                      DATES: Submit comments on rulemaking                                                                          and long-term rulemaking activities are
                                                                                                              eAgendaMain and select Nuclear
                                                      activities as identified in this Agenda by              Regulatory Commission from drop                       rulemaking activities under
                                                      January 14, 2016.                                       down menu.                                            development but for which an agency
                                                      ADDRESSES: Submit comments on any                         Æ For long-term rulemaking activities               does not expect to have a regulatory
                                                      rulemaking activity in the Agenda by                    go to http://www.reginfo.gov/public/do/               action within the 12 months after
                                                      the date and methods specified in any                   eAgendaHistory?operation                              publication of the current edition of the
                                                      Federal Register notice on the                          =OPERATION_GET_PUBLICATION&                           Agenda.
                                                      rulemaking activity. Comments received                  showStage=longterm&currentPubId=                         A ‘‘Regulation Identifier Number’’ or
                                                      on rulemaking activities for which the                  201410 and select Nuclear Regulatory                  RIN is given to each rulemaking activity
                                                      comment period has closed will be                       Commission from drop down menu.                       that the NRC has published or plans on
                                                      considered if it is practical to do so, but               • Federal Rulemaking Web site: Go to                publishing a Federal Register notice
                                                      assurance of consideration cannot be                    http://www.regulations.gov and search                 and the Office of Management and
                                                      given except as to comments received                    for Docket ID NRC–2015–0222.                          Budget uses this number to track all
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS




                                                      on or before the closure dates specified                  • NRC’s Public Web site: Go to http://              relevant documents throughout the
                                                      in the Federal Register notice. You may                 www.nrc.gov/reading-rm/doc-                           entire ‘‘lifecycle’’ of a particular
                                                      submit comments on this Agenda                          collections/rulemaking-ruleforum/                     rulemaking activity. The NRC reports all
                                                      through the Federal Rulemaking Web                      unified-agenda.html and select fall                   rulemaking activities in the Agenda that
                                                      site by going to http://                                2015.                                                 have been assigned a RIN and meet the
                                                      www.regulations.gov and searching for                     • NRC’s Public Document Room: You                   definition for a completed, an active, or
                                                      Docket ID NRC–2015–0222. Address                        may examine and purchase copies of                    a long-term rulemaking activity.
                                                      questions about NRC dockets to Carol                    public documents at the NRC’s PDR,                       The information contained in this
                                                      Gallagher; telephone: 301–415–3463;                     Room O1–F21, One White Flint North,                   Agenda is updated to reflect any action


                                                 VerDate Sep<11>2014   21:20 Dec 14, 2015   Jkt 238001   PO 00000   Frm 00002   Fmt 4701   Sfmt 4702   E:\FR\FM\15DEP26.SGM   15DEP26


                                                                                 Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda                                                           78109

                                                      that has occurred on rulemaking                                industry, vendors, and suppliers in the                     Public Comments Received on NRC
                                                      activities since publication of the last                       rulemaking activity. The overall priority                   Agendas
                                                      NRC Agenda on June 18, 2015 (80 FR                             is determined by adding the factor
                                                      35170). Specifically, the information in                       scores together for each rulemaking                            The NRC has received comments from
                                                      this Agenda has been updated through                           activity. The CPR report and a detailed                     the Nuclear Energy Institute (NEI)
                                                      September 18, 2015.                                            description of the CPR process are                          regarding the level of detail provided in
                                                        The date for the next scheduled action                       available from the NRC’s Web site at                        the abstract for each NRC rulemaking
                                                      under the heading ‘‘Timetable’’ is the                         http://www.nrc.gov/reading-rm/doc-                          activity and on the process the NRC
                                                      date the next regulatory action for the                        collections/rulemaking-ruleforum/rule-                      uses to prioritize its rulemaking
                                                      rulemaking activity is scheduled to be                         priorities.html.                                            activities.
                                                      published in the Federal Register. The                            The NRC’s fall Agenda contains its                          The NRC actively seeks to improve its
                                                      date is considered tentative and is not                        annual regulatory plan, which includes                      rulemaking process and reporting. In
                                                      binding on the Commission or its staff.                        a statement of the major rules that the                     recent Agendas NRC has reported
                                                      The Agenda is intended to provide the                          NRC expects to publish in the coming                        additional information in the preamble
                                                      public early notice and opportunity to                         FY and a description of the other                           and in the abstracts for its rules; in
                                                      participate in the NRC rulemaking                              significant regulatory priorities from the                  addition, in June of 2015, NRC launched
                                                      process. However, the NRC may
                                                                                                                     CPR that the NRC expects to work on                         a new public Web page with detail on
                                                      consider or act on any rulemaking
                                                                                                                     during the coming FY and beyond. The                        the NRC’s process for rulemaking
                                                      activity even though it is not included
                                                                                                                     NRC’s regulatory plan was submitted to                      prioritization: http://www.nrc.gov/
                                                      in the Agenda.
                                                                                                                     OMB in June 2015; updates have been                         reading-rm/doc-collections/rulemaking-
                                                      Common Prioritization of Rulemaking                            reflected in the Agenda abstract for each                   ruleforum/rule-priorities.html. NRC
                                                        A key part of the NRC’s regulatory                           rulemaking.                                                 finds these actions address NEI’s
                                                      program is a periodic review of all                            Section 610 Periodic Reviews Under                          suggestions related to reporting on its
                                                      ongoing and potential rulemaking                               the Regulatory Flexibility Act                              rulemaking prioritization. NRC notes
                                                      activities. In conjunction with its                                                                                        that it has received comments from NEI
                                                      budget, the NRC compiles a Common                                 Section 610 of the Regulatory                            and other members of the public
                                                      Prioritization of Rulemaking (CPR)                             Flexibility Act (RFA) requires agencies                     regarding the methodology staff uses to
                                                      report to develop program budget                               to conduct a review within 10 years of                      prioritize rulemaking activities. Each
                                                      estimates and to determine the relative                        promulgation of those regulations that                      year the NRC reviews its methodology
                                                      priority of NRC rulemaking activities.                         have or will have a significant economic                    for prioritizing rulemaking activities to
                                                      The CPR process considers four factors                         impact on a substantial number of small                     determine if changes are necessary; at
                                                      and assigns a score to each factor. Factor                     entities. The NRC undertakes these                          this time the NRC does not plan to make
                                                      A includes activities that support the                         reviews to decide whether the rules                         any changes to its methodology.
                                                      NRC’s Strategic Plan goals of ensuring                         should be unchanged, amended, or                            However, the agency currently is
                                                      the safe and secure use of radioactive                         withdrawn. At this time, the NRC does                       engaged in an enterprise-wide project to
                                                      materials. Factor B includes rulemaking                        not have any rules that have a                              review several of its regulatory and
                                                      activities that support the NRC’s                              significant economic impact on a                            internal processes, including
                                                      Strategic Plan cross-cutting strategies for                    substantial number of small entities;                       rulemaking (see http://
                                                      enhancing regulatory effectiveness and/                        therefore, the NRC has not included any                     pbadupws.nrc.gov/docs/ML1515/
                                                      or openness in the conduct of regulatory                       RFA Section 610 periodic reviews in                         ML15159A234.pdf).
                                                      activities. Factor C is a governmental                         this edition of the Agenda. A complete
                                                      factor representing the relative interest                      listing of NRC regulations that impact                        Dated at Rockville, Maryland, this 18th day
                                                      of the NRC, Congress, or other                                 small entities and related Small Entity                     of September 2015.
                                                      governmental bodies in the rulemaking                          Compliance Guides will be available                           For the Nuclear Regulatory Commission.
                                                      activity. Factor D is an external factor                       from the NRC’s Web site at http://                          Cindy Bladey,
                                                      representing the relative interest to                          www.nrc.gov/about-nrc/regulatory/                           Chief, Rules, Announcements, and Directives
                                                      members of the public, non-                                    rulemaking/flexibility-act/small-                           Branch, Division of Administrative Services,
                                                      governmental organizations, the nuclear                        entities.html.                                              Office of Administration.

                                                                                                    NUCLEAR REGULATORY COMMISSION—PROPOSED RULE STAGE
                                                                                                                                                                                                                       Regulation
                                                        Sequence No.                                                                           Title                                                                  Identifier No.

                                                      538 ....................   Variable Annual Fee Structure for Small Modular Power Reactors [NRC–2008–0664] .................................                         3150–AI54
                                                      539 ....................   Revision of Fee Schedules: Fee Recovery for FY 2016 [NRC–2015–0223] ..................................................                   3150–AJ66


                                                                                                      NUCLEAR REGULATORY COMMISSION—LONG-TERM ACTIONS
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                                                                                                                                                                                                                       Regulation
                                                        Sequence No.                                                                           Title                                                                  Identifier No.

                                                      540 ....................   Controlling the Disposition of Solid Materials [NRC–1999–0002] ...................................................................      3150–AH18




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                                                      78110                      Federal Register / Vol. 80, No. 240 / Tuesday, December 15, 2015 / Unified Agenda

                                                                                                    NUCLEAR REGULATORY COMMISSION—COMPLETED ACTIONS
                                                                                                                                                                                                                Regulation
                                                        Sequence No.                                                                        Title                                                              Identifier No.

                                                      541 ....................   Revision of Fee Schedules: Fee Recovery for FY 2015 [NRC–2014–0200] ..................................................            3150–AJ44



                                                      NUCLEAR REGULATORY                                          539. • Revision of Fee Schedules: Fee                   rule has changed due to the shift in
                                                      COMMISSION (NRC)                                            Recovery for FY 2016 [NRC–2015–0223]                    timing for reactor decommissioning.
                                                                                                                    Legal Authority: 42 U.S.C. 2201; 42                   The Commission has deferred action on
                                                      Proposed Rule Stage
                                                                                                                  U.S.C. 5841                                             this rulemaking.
                                                      538. Variable Annual Fee Structure for                        Abstract: This proposed rulemaking                      Timetable:
                                                      Small Modular Power Reactors [NRC–                          would amend the licensing, inspection,
                                                      2008–0664]                                                  and annual fees that the Commission                            Action              Date          FR Cite
                                                         Legal Authority: 42 U.S.C. 2201; 42                      charges its applicants and licensees.
                                                                                                                                                                          ANPRM ...............       To Be Determined
                                                      U.S.C. 5841                                                 These amendments would implement
                                                         Abstract: The advanced notice of                         the Omnibus Budget Reconciliation Act
                                                      proposed rulemaking (ANPRM) was                             of 1990 (OBRA–90) as amended, which                       Regulatory Flexibility Analysis
                                                      published in the Federal Register on                        requires that the NRC recover                           Required: Yes.
                                                      March 25, 2009 (74 FR 12735), seeking                       approximately 90 percent of its budget                    Agency Contact: Torre Taylor,
                                                      comments from the public on a possible                      authority in Fiscal Year (FY) 2016, less                Nuclear Regulatory Commission, Office
                                                      variable fee structure for part 171                         the amounts appropriated from the                       of Nuclear Material Safety and
                                                      annual fees for power reactors based on                     Waste Incidental to Reprocessing, and                   Safeguards, Washington, DC 20555–
                                                      licensed power limits. The comment                          generic homeland security activities.                   0001, Phone: 301 415–7900, Email:
                                                      period ended on June 8, 2009, and the                         Timetable:                                            torre.taylor@nrc.gov.
                                                      NRC received 16 public comments. The                                                                                  RIN: 3150–AH18
                                                      Commission approved the staff’s                                    Action                 Date         FR Cite
                                                      recommendation to establish an NRC                          NPRM ..................    03/00/16
                                                      workgroup to analyze suggested
                                                      methodologies for a variable annual fee                                                                             NUCLEAR REGULATORY
                                                                                                                    Regulatory Flexibility Analysis                       COMMISSION (NRC)
                                                      structure for power reactors in SECY–                       Required: Yes.
                                                      09–0137 dated October 13, 2009. On                            Agency Contact: Arlette P. Howard,                    Completed Actions
                                                      February 7, 2011, the Office of the Chief                   Nuclear Regulatory Commission, Office
                                                      Financial Officer (OCFO) sent a                                                                                     541. Revision of Fee Schedules: Fee
                                                                                                                  of the Chief Financial Officer,                         Recovery for FY 2015 [NRC–2014–0200]
                                                      memorandum to the Commission                                Washington, DC 20555–0001, Phone:
                                                      (ADAMS Accession No. ML110380251)                           301 415–1481, Email: arlette.howard@                       Legal Authority: 42 U.S.C. 2201; 42
                                                      responding to SECY–09–0137. On                              nrc.gov.                                                U.S.C. 5841
                                                      March 27, 2015, the OCFO sent a                               RIN: 3150–AJ66                                           Abstract: This final rule amends the
                                                      memorandum to the Commission                                                                                        licensing, inspection, and annual fees
                                                      requesting approval to proposed a                                                                                   that the Commission charges its
                                                      variable annual fee structure for small                                                                             applicants and licensees. These
                                                      modular reactor March 27, 2015,                             NUCLEAR REGULATORY
                                                                                                                  COMMISSION (NRC)                                        amendments implement the Omnibus
                                                      (ADAMS Accession No. ML110380251).                                                                                  Budget Reconciliation Act of 1990
                                                      The Commission approved the staff’s                         Long-Term Actions                                       (OBRA–90) as amended, which requires
                                                      request to publish this rule (SRM) to                                                                               that the NRC recover approximately 90
                                                      SECY–15–044, May 18, 2015, (ADAMS                           540. Controlling the Disposition of Solid
                                                                                                                  Materials [NRC–1999–0002]                               percent of its budget authority in Fiscal
                                                      Accession No. ML15135A427).                                                                                         Year (FY) 2015, less the amounts
                                                         Timetable:                                                 Legal Authority: 42 U.S.C. 2201; 42                   appropriated from the Waste Incidental
                                                                                                                  U.S.C. 5841                                             to Reprocessing, and generic homeland
                                                              Action                 Date          FR Cite          Abstract: The NRC staff provided a                    security activities.
                                                                                                                  draft proposed rule package on
                                                      ANPRM ...............         03/25/09    74 FR 12735       Controlling the Disposition of Solid                       Completed:
                                                      ANPRM Comment                 06/08/09
                                                                                                                  Materials to the Commission on March
                                                        Period End.                                                                                                             Reason               Date          FR Cite
                                                      NPRM ..................       11/04/15    80 FR 68268       31, 2005, which the Commission
                                                      NPRM Comment                  12/04/15                      disapproved (ADAMS Accession No.                        Final Rule ............   06/30/15    80 FR 37432
                                                        Period End.                                               ML051520285). The rulemaking package                    Final Rule Effec-         08/31/15
                                                      Final Rule ............       06/00/16                      included a summary of stakeholder                         tive.
                                                                                                                  comments (NUREG/CR–6682),
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                                                        Regulatory Flexibility Analysis                           Supplement 1 (ADAMS Accession No.                         Regulatory Flexibility Analysis
                                                      Required: Yes.                                              ML003754410). The Commission’s                          Required: Yes.
                                                        Agency Contact: Arlette P. Howard,                        decision was based on the fact that the
                                                                                                                                                                            Agency Contact: Arlette P. Howard,
                                                      Nuclear Regulatory Commission, Office                       Agency is currently faced with several
                                                                                                                                                                          Phone: 301 415–1481, Email:
                                                      of the Chief Financial Officer,                             high priority and complex tasks, that the
                                                                                                                                                                          arlette.howard@nrc.gov.
                                                      Washington, DC 20555–0001, Phone:                           current approach to review specific
                                                      301 415–1481, Email: arlette.howard@                        cases on an individual basis is fully                     RIN: 3150–AJ44
                                                      nrc.gov.                                                    protective of public health and safety,                 [FR Doc. 2015–30676 Filed 12–14–15; 8:45 am]
                                                        RIN: 3150–AI54                                            and that the immediate need for this                    BILLING CODE 7590–01–P




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Document Created: 2018-03-02 09:15:52
Document Modified: 2018-03-02 09:15:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionUnknown Section
ActionSemiannual regulatory agenda.
DatesSubmit comments on rulemaking activities as identified in this Agenda by January 14, 2016.
ContactCindy Bladey, Office of Administration, 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.
FR Citation80 FR 78108 

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