81_FR_95140 81 FR 94893 - Unified Agenda of Federal Regulatory and Deregulatory Actions

81 FR 94893 - Unified Agenda of Federal Regulatory and Deregulatory Actions

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 247 (December 23, 2016)

Page Range94893-94896
FR Document2016-29930

We are publishing our semiannual regulatory agenda (the Agenda) in accordance with Public Law 96-354, ``The Regulatory Flexibility Act,'' and Executive Order 12866, ``Regulatory Planning and Review.'' The Agenda is a compilation of all rulemaking activities on which we have recently completed action or have proposed or are considering action. We have completed 13 rulemaking activities since publication of our last Agenda on June 9, 2016 (81 FR 37465). This issuance of our Agenda contains 26 active and 23 long-term rulemaking activities: 1 is Economically Significant; 7 represent Other Significant agency priorities; 39 are Substantive, Nonsignificant rulemaking activities; and 2 are Administrative rulemaking activities. Two of the NRC's rulemaking activities impact small entities. This issuance also contains our annual regulatory plan, which contains information on some of our most important regulatory actions that we are considering issuing in proposed or final form during Fiscal Year 2017. Our regulatory plan was submitted to OMB in June 2016; updates have been reflected in the Agenda abstract for each rulemaking. We are requesting comment on the rulemaking activities as identified in this Agenda.

Federal Register, Volume 81 Issue 247 (Friday, December 23, 2016)
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Unknown Section]
[Pages 94893-94896]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29930]



[[Page 94893]]

Vol. 81

Friday,

No. 247

December 23, 2016

Part XXVII





Nuclear Regulatory Commission





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Semiannual Regulatory Agenda

Federal Register / Vol. 81 , No. 247 / Friday, December 23, 2016 / 
Unified Agenda

[[Page 94894]]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0186]

10 CFR Chapter I


Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Semiannual regulatory agenda.

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

SUMMARY: We are publishing our semiannual regulatory agenda (the 
Agenda) in accordance with Public Law 96-354, ``The Regulatory 
Flexibility Act,'' and Executive Order 12866, ``Regulatory Planning and 
Review.'' The Agenda is a compilation of all rulemaking activities on 
which we have recently completed action or have proposed or are 
considering action. We have completed 13 rulemaking activities since 
publication of our last Agenda on June 9, 2016 (81 FR 37465). This 
issuance of our Agenda contains 26 active and 23 long-term rulemaking 
activities: 1 is Economically Significant; 7 represent Other 
Significant agency priorities; 39 are Substantive, Nonsignificant 
rulemaking activities; and 2 are Administrative rulemaking activities. 
Two of the NRC's rulemaking activities impact small entities. This 
issuance also contains our annual regulatory plan, which contains 
information on some of our most important regulatory actions that we 
are considering issuing in proposed or final form during Fiscal Year 
2017. Our regulatory plan was submitted to OMB in June 2016; updates 
have been reflected in the Agenda abstract for each rulemaking. We are 
requesting comment on the rulemaking activities as identified in this 
Agenda.

DATES: Submit comments on rulemaking activities as identified in this 
Agenda by January 23, 2017.

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-2016-0186. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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: [email protected]. 
Persons outside the Washington, DC, metropolitan area may call, toll-
free: 1-800-368-5642. For further information on the substantive 
content of any rulemaking activity listed in the Agenda, contact the 
individual listed under the heading ``Agency Contact'' for that 
rulemaking activity.

SUPPLEMENTARY INFORMATION:

Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0186 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, select 
``fall 2016 The Regulatory Plan and the Unified Agenda of Federal 
Regulatory and Deregulatory Actions'' from drop down menu, and select 
``Nuclear Regulatory Commission'' from drop down menu.
    [cir] For active rulemaking activities go to 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/eAgendaMain, select ``Current Long Term 
Actions'' link, 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-2016-0186.
     NRC's Public Web site: Go to http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/unified-agenda.html and select 
fall 2016.
     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-2016-0186 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into the 
Agencywide Documents Access and Management System (ADAMS). The NRC does 
not routinely edit comment submissions to remove identifying or contact 
information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

Introduction

    The Agenda is a compilation of all rulemaking activities on which 
an agency has recently completed action or has proposed or is 
considering action. The Agenda reports rulemaking activities in three 
major categories: Completed, active, and long-term. Completed 
rulemaking activities are those that were completed since publication 
of an agency's last Agenda; active rulemaking activities are those 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 Unified Agenda.
    We assign a ``Regulation Identifier Number'' (RIN) to a rulemaking 
activity when our Commission initiates a rulemaking and approves a 
rulemaking plan, or when the NRC staff begins work on a Commission 
delegated

[[Page 94895]]

rulemaking \1\ that does not require a rulemaking plan. The Office of 
Management and Budget uses this number to track all relevant documents 
throughout the entire ``lifecycle'' of a particular rulemaking 
activity. We report 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.
---------------------------------------------------------------------------

    \1\ For information on delegated rulemakings see ADAMS Accession 
No. ML16040A011.
---------------------------------------------------------------------------

    The information contained in this Agenda is updated to reflect any 
action that has occurred on a rulemaking activity since publication of 
our last Agenda on June 9, 2016 (81 FR 37465). Specifically, the 
information in this Agenda has been updated through September 2, 2016.
    The date for the next scheduled action under the heading 
``Timetable'' is the date the next regulatory action for the rulemaking 
activity is scheduled to be published in the Federal Register. The date 
is considered tentative and is not binding on the Commission or its 
staff. The Agenda is intended to provide the public early notice and 
opportunity to participate in our rulemaking process. However, we may 
consider or act on any rulemaking activity even though it is not 
included in the Agenda.

Common Prioritization of Rulemaking

    A key part of our regulatory program is an annual review of all 
ongoing and potential rulemaking activities. In conjunction with our 
budget and long-term planning process, we develop program budget 
estimates and determine the relative priority of rulemaking activities 
using our Common Prioritization of Rulemaking (CPR) methodology (ADAMS 
Accession No. ML15086A074). The results of the most current annual 
review is available on the NRC's Rulemaking Priorities Web page at 
http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/rule-priorities.html. The CPR methodology 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 activities that support 
the Strategic Plan cross-cutting strategies of Regulatory Effectiveness 
and Openness. Specifically, this factor considers whether the 
rulemaking activity enhances regulatory effectiveness and/or openness 
in the way that the NRC conducts regulatory activities. Factor C is a 
governmental factor representing interest to the NRC, Congress, or 
other governmental bodies. Factor D is an external factor representing 
interest to members of the public, non-governmental organizations, the 
nuclear industry, vendors, and suppliers. The overall priority is 
determined by adding the factor scores together for each rulemaking 
activity.

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. We undertake these reviews to 
decide whether the rules should be unchanged, amended, or withdrawn. At 
this time, we do not have any rules that have a significant economic 
impact on a substantial number of small entities; therefore, we have 
not included any RFA Section 610 periodic reviews in this edition of 
the Agenda. A complete listing of our regulations that impact small 
entities and related Small Entity Compliance Guides are 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 the NRC's Unified Agenda

    The NRC did not receive any written public comments on its last 
Agenda that published on June 9, 2016 (81 FR 37465).

    Dated at Rockville, Maryland, this 2nd day of September 2016.

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.
------------------------------------------------------------------------
558.......................  Revision of Fee Schedules;         3150-AJ73
                             Fee Recovery for FY 2017
                             [NRC-2016-0081].
------------------------------------------------------------------------


            Nuclear Regulatory Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
559.......................  Controlling the                    3150-AH18
                             Disposition of Solid
                             Materials [NRC-1999-0002].
560.......................  Variable Annual Fee                3150-AI54
                             Structure for Small
                             Modular Power Reactors
                             [NRC-2008-0664].
561.......................  Revision of Fee Schedules:         3150-AJ66
                             Fee Recovery for FY 2016
                             [NRC-2015-0223].
------------------------------------------------------------------------


NUCLEAR REGULATORY COMMISSION (NRC)

Proposed Rule Stage

558.  Revision of Fee Schedules; Fee Recovery for FY 2017 [NRC-
2016-0081]

    Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201 ; 42 U.S.C. 2214; 42 
U.S.C. 5841
    Abstract: This rule would implement the Omnibus Budget 
Reconciliation Act of 1990 (OBRA-90), as amended, which requires the 
Nuclear Regulatory Commission to recover approximately 90 percent of 
its budget authority in a given fiscal year, less the amounts 
appropriated from the Waste Incidental to Reprocessing and generic 
homeland security activities, through fees assessed to licensees. This 
rulemaking would amend the Commission's fee schedules for licensing, 
inspection, and annual fees charged to its applicants and licensees. 
The licensing and inspection fees are established under 10 CFR part 170 
and recover the Nuclear Regulatory Commission's cost of providing 
services to identifiable applicants and licensees. Examples of services 
provided by the

[[Page 94896]]

Nuclear Regulatory Commission for which 10 CFR part 170 fees are 
assessed include license application reviews, license renewals, license 
amendment reviews, and inspections. The annual fees established under 
10 CFR part 171 recover budgeted costs for generic (e.g., research and 
rulemaking) and other regulatory activities not recovered under 10 CFR 
part 170 fees.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michele D. Kaplan, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001, 
Phone: 301 415-5256, Email: [email protected].
    RIN: 3150-AJ73

NUCLEAR REGULATORY COMMISSION (NRC)

Completed Actions

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

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: This rule would add radiological criteria for controlling 
the disposition of solid materials that have no, or very small amounts 
of, residual radioactivity resulting from licensed operations, and 
which originate in restricted or impacted areas of NRC-licensed 
facilities. 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 discontinued action on this 
rulemaking.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Discontinued........................   07/29/16  81 FR 49863
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Torre Taylor, Phone: 301 415-7900, Email: 
[email protected].
    RIN: 3150-AH18

560. 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: This rule would amend the Nuclear Regulatory Commission's 
regulations governing annual fees to establish a variable annual fee 
structure for power reactors based on licensed power limits.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   05/24/16  81 FR 32617
Final Rule Effective................   06/23/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michele D. Kaplan, Phone: 301 415-5256, Email: 
[email protected].
    RIN: 3150-AI54

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

    Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42 
U.S.C. 5841
    Abstract: This rule amends the Nuclear Regulatory Commission 
licensing, inspection, special project, and annual fees charged to its 
applicants and licensees and, for the first time, the NRC is proposing 
to recover its costs when it responds to third-party demands for 
information in litigation where the United States is not a party 
(``Touhy requests''). These amendments are necessary to implement the 
Omnibus Budget Reconciliation Act of 1990 as amended (OBRA-90), which 
requires the NRC to recover approximately 90 percent of its annual 
budget through fees.
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule Published................   06/24/16  81 FR 41171
Final Rule Effective................   08/23/16
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Michele D. Kaplan, Phone: 301 415-5256, Email: 
[email protected].
    RIN: 3150-AJ66

[FR Doc. 2016-29930 Filed 12-22-16; 8:45 am]
BILLING CODE 7590-01-P



                                                                                                           Vol. 81                           Friday,
                                                                                                           No. 247                           December 23, 2016




                                                                                                           Part XXVII


                                                                                                           Nuclear Regulatory Commission
                                                                                                           Semiannual Regulatory Agenda
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                                                      94894                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

                                                      NUCLEAR REGULATORY                                      Gallagher; telephone: 301–415–3463;                     • NRC’s Public Document Room: You
                                                      COMMISSION                                              email: Carol.Gallagher@nrc.gov. For                   may examine and purchase copies of
                                                                                                              technical questions on any rulemaking                 public documents at the NRC’s PDR,
                                                      [NRC–2016–0186]                                         activity listed in the Agenda, contact the            Room O1–F21, One White Flint North,
                                                                                                              individual listed under the heading                   11555 Rockville Pike, Rockville,
                                                      10 CFR Chapter I
                                                                                                              ‘‘Agency Contact’’ for that rulemaking                Maryland 20852.
                                                      Unified Agenda of Federal Regulatory                    activity.
                                                                                                                 For additional direction on obtaining              B. Submitting Comments
                                                      and Deregulatory Actions
                                                                                                              information and submitting comments,                    Please include Docket ID NRC–2016–
                                                      AGENCY:  Nuclear Regulatory                             see ‘‘Obtaining Information and                       0186 in your comment submission.
                                                      Commission.                                             Submitting Comments’’ in the
                                                      ACTION: Semiannual regulatory agenda.                   SUPPLEMENTARY INFORMATION section of                    The NRC cautions you not to include
                                                                                                              this document.                                        identifying or contact information that
                                                      SUMMARY:    We are publishing our                                                                             you do not want to be publicly
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                      semiannual regulatory agenda (the                                                                             disclosed in your comment submission.
                                                                                                              Cindy Bladey, Office of Administration,               The NRC will post all comment
                                                      Agenda) in accordance with Public Law
                                                                                                              U.S. Nuclear Regulatory Commission,                   submissions at http://
                                                      96–354, ‘‘The Regulatory Flexibility
                                                                                                              Washington, DC 20555–0001, telephone:
                                                      Act,’’ and Executive Order 12866,                                                                             www.regulations.gov as well as enter the
                                                                                                              301–415–3280; email: Cindy.Bladey@
                                                      ‘‘Regulatory Planning and Review.’’ The                                                                       comment submissions into the
                                                                                                              nrc.gov. Persons outside the
                                                      Agenda is a compilation of all                                                                                Agencywide Documents Access and
                                                                                                              Washington, DC, metropolitan area may
                                                      rulemaking activities on which we have                                                                        Management System (ADAMS). The
                                                                                                              call, toll-free: 1–800–368–5642. For
                                                      recently completed action or have                                                                             NRC does not routinely edit comment
                                                                                                              further information on the substantive
                                                      proposed or are considering action. We                                                                        submissions to remove identifying or
                                                                                                              content of any rulemaking activity listed
                                                      have completed 13 rulemaking activities                                                                       contact information.
                                                                                                              in the Agenda, contact the individual
                                                      since publication of our last Agenda on                                                                         If you are requesting or aggregating
                                                                                                              listed under the heading ‘‘Agency
                                                      June 9, 2016 (81 FR 37465). This                                                                              comments from other persons for
                                                                                                              Contact’’ for that rulemaking activity.
                                                      issuance of our Agenda contains 26                                                                            submission to the NRC, then you should
                                                      active and 23 long-term rulemaking                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                                    inform those persons not to include
                                                      activities: 1 is Economically Significant;              Obtaining Information and Submitting                  identifying or contact information that
                                                      7 represent Other Significant agency                    Comments                                              they do not want to be publicly
                                                      priorities; 39 are Substantive,                                                                               disclosed in their comment submission.
                                                      Nonsignificant rulemaking activities;                   A. Obtaining Information
                                                                                                                                                                    Your request should state that the NRC
                                                      and 2 are Administrative rulemaking                       Please refer to Docket ID NRC–2016–                 does not routinely edit comment
                                                      activities. Two of the NRC’s rulemaking                 0186 when contacting the NRC about                    submissions to remove such information
                                                      activities impact small entities. This                  the availability of information for this              before making the comment
                                                      issuance also contains our annual                       document. You may obtain publically-                  submissions available to the public or
                                                      regulatory plan, which contains                         available information related to this                 entering the comment into ADAMS.
                                                      information on some of our most                         document by any of the following
                                                      important regulatory actions that we are                methods:                                              Introduction
                                                      considering issuing in proposed or final                  • Reginfo.gov:
                                                      form during Fiscal Year 2017. Our                                                                               The Agenda is a compilation of all
                                                                                                                Æ For completed rulemaking
                                                      regulatory plan was submitted to OMB                                                                          rulemaking activities on which an
                                                                                                              activities go to http://www.reginfo.gov/
                                                      in June 2016; updates have been                                                                               agency has recently completed action or
                                                                                                              public/do/eAgendaHistory?showStage=
                                                      reflected in the Agenda abstract for each                                                                     has proposed or is considering action.
                                                                                                              completed, select ‘‘fall 2016 The
                                                      rulemaking. We are requesting comment                                                                         The Agenda reports rulemaking
                                                                                                              Regulatory Plan and the Unified Agenda
                                                      on the rulemaking activities as                                                                               activities in three major categories:
                                                                                                              of Federal Regulatory and Deregulatory
                                                      identified in this Agenda.                              Actions’’ from drop down menu, and                    Completed, active, and long-term.
                                                      DATES: Submit comments on rulemaking                    select ‘‘Nuclear Regulatory                           Completed rulemaking activities are
                                                      activities as identified in this Agenda by              Commission’’ from drop down menu.                     those that were completed since
                                                      January 23, 2017.                                                                                             publication of an agency’s last Agenda;
                                                                                                                Æ For active rulemaking activities go
                                                                                                              to http://www.reginfo.gov/public/do/                  active rulemaking activities are those
                                                      ADDRESSES: Submit comments on any
                                                                                                              eAgendaMain and select ‘‘Nuclear                      that an agency currently plans to have
                                                      rulemaking activity in the Agenda by
                                                                                                              Regulatory Commission’’ from drop                     an Advance Notice of Proposed
                                                      the date and methods specified in any
                                                                                                              down menu.                                            Rulemaking, a Proposed Rule, or a Final
                                                      Federal Register notice on the
                                                                                                                Æ For long-term rulemaking activities               Rule issued within the next 12 months;
                                                      rulemaking activity. Comments received
                                                                                                              go to http://www.reginfo.gov/public/do/               and long-term rulemaking activities are
                                                      on rulemaking activities for which the
                                                                                                              eAgendaMain, select ‘‘Current Long                    rulemaking activities under
                                                      comment period has closed will be
                                                                                                              Term Actions’’ link, and select ‘‘Nuclear             development but for which an agency
                                                      considered if it is practical to do so, but
                                                                                                              Regulatory Commission’’ from drop                     does not expect to have a regulatory
                                                      assurance of consideration cannot be
                                                                                                                                                                    action within the 12 months after
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                                                      given except as to comments received                    down menu.
                                                                                                                                                                    publication of the current edition of the
                                                      on or before the closure dates specified                  • Federal Rulemaking Web site: Go to
                                                                                                                                                                    Unified Agenda.
                                                      in the Federal Register notice. You may                 http://www.regulations.gov and search
                                                      submit comments on this Agenda                          for Docket ID NRC–2016–0186.                            We assign a ‘‘Regulation Identifier
                                                      through the Federal Rulemaking Web                        • NRC’s Public Web site: Go to http://              Number’’ (RIN) to a rulemaking activity
                                                      site by going to http://                                www.nrc.gov/reading-rm/doc-                           when our Commission initiates a
                                                      www.regulations.gov and searching for                   collections/rulemaking-ruleforum/                     rulemaking and approves a rulemaking
                                                      Docket ID NRC–2016–0186. Address                        unified-agenda.html and select fall                   plan, or when the NRC staff begins work
                                                      questions about NRC dockets to Carol                    2016.                                                 on a Commission delegated


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                                                                                 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda                                                            94895

                                                      rulemaking 1 that does not require a                           term planning process, we develop                           Section 610 Periodic Reviews Under the
                                                      rulemaking plan. The Office of                                 program budget estimates and                                Regulatory Flexibility Act
                                                      Management and Budget uses this                                determine the relative priority of                             Section 610 of the Regulatory
                                                      number to track all relevant documents                         rulemaking activities using our                             Flexibility Act (RFA) requires agencies
                                                      throughout the entire ‘‘lifecycle’’ of a                       Common Prioritization of Rulemaking                         to conduct a review within 10 years of
                                                      particular rulemaking activity. We                             (CPR) methodology (ADAMS Accession                          promulgation of those regulations that
                                                      report all rulemaking activities in the                        No. ML15086A074). The results of the                        have or will have a significant economic
                                                      Agenda that have been assigned a RIN                           most current annual review is available                     impact on a substantial number of small
                                                      and meet the definition for a completed,                       on the NRC’s Rulemaking Priorities Web                      entities. We undertake these reviews to
                                                      an active, or a long-term rulemaking                           page at http://www.nrc.gov/reading-rm/                      decide whether the rules should be
                                                      activity.                                                      doc-collections/rulemaking-ruleforum/                       unchanged, amended, or withdrawn. At
                                                        The information contained in this
                                                                                                                     rule-priorities.html. The CPR                               this time, we do not have any rules that
                                                      Agenda is updated to reflect any action
                                                                                                                     methodology considers four factors and                      have a significant economic impact on
                                                      that has occurred on a rulemaking
                                                                                                                     assigns a score to each factor. Factor A                    a substantial number of small entities;
                                                      activity since publication of our last
                                                                                                                     includes activities that support the                        therefore, we have not included any
                                                      Agenda on June 9, 2016 (81 FR 37465).
                                                                                                                     NRC’s Strategic Plan goals of ensuring                      RFA Section 610 periodic reviews in
                                                      Specifically, the information in this
                                                                                                                     the safe and secure use of radioactive                      this edition of the Agenda. A complete
                                                      Agenda has been updated through
                                                                                                                     materials. Factor B includes activities                     listing of our regulations that impact
                                                      September 2, 2016.
                                                        The date for the next scheduled action                       that support the Strategic Plan cross-                      small entities and related Small Entity
                                                      under the heading ‘‘Timetable’’ is the                         cutting strategies of Regulatory                            Compliance Guides are available from
                                                      date the next regulatory action for the                        Effectiveness and Openness.                                 the NRC’s Web site at http://www.nrc.
                                                      rulemaking activity is scheduled to be                         Specifically, this factor considers                         gov/about-nrc/regulatory/rulemaking/
                                                      published in the Federal Register. The                                                                                     flexibility-act/small-entities.html.
                                                                                                                     whether the rulemaking activity
                                                      date is considered tentative and is not                        enhances regulatory effectiveness and/                      Public Comments Received on the
                                                      binding on the Commission or its staff.                        or openness in the way that the NRC                         NRC’s Unified Agenda
                                                      The Agenda is intended to provide the                          conducts regulatory activities. Factor C                      The NRC did not receive any written
                                                      public early notice and opportunity to                         is a governmental factor representing                       public comments on its last Agenda that
                                                      participate in our rulemaking process.                         interest to the NRC, Congress, or other                     published on June 9, 2016 (81 FR
                                                      However, we may consider or act on any                         governmental bodies. Factor D is an                         37465).
                                                      rulemaking activity even though it is not                      external factor representing interest to
                                                      included in the Agenda.                                                                                                      Dated at Rockville, Maryland, this 2nd day
                                                                                                                     members of the public, non-                                 of September 2016.
                                                      Common Prioritization of Rulemaking                            governmental organizations, the nuclear                     For the Nuclear Regulatory Commission.
                                                         A key part of our regulatory program                        industry, vendors, and suppliers. The
                                                                                                                                                                                 Cindy Bladey,
                                                      is an annual review of all ongoing and                         overall priority is determined by adding
                                                                                                                                                                                 Chief, Rules, Announcements, and Directives
                                                      potential rulemaking activities. In                            the factor scores together for each                         Branch, Division of Administrative Services,
                                                      conjunction with our budget and long-                          rulemaking activity.                                        Office of Administration.

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

                                                      558 ....................   Revision of Fee Schedules; Fee Recovery for FY 2017 [NRC–2016–0081] ..................................................                   3150–AJ73


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

                                                      559 ....................   Controlling the Disposition of Solid Materials [NRC–1999–0002] ...................................................................      3150–AH18
                                                      560 ....................   Variable Annual Fee Structure for Small Modular Power Reactors [NRC–2008–0664] .................................                         3150–AI54
                                                      561 ....................   Revision of Fee Schedules: Fee Recovery for FY 2016 [NRC–2015–0223] ..................................................                  3150–AJ66



                                                      NUCLEAR REGULATORY                                               Abstract: This rule would implement                       to licensees. This rulemaking would
                                                      COMMISSION (NRC)                                               the Omnibus Budget Reconciliation Act                       amend the Commission’s fee schedules
                                                                                                                     of 1990 (OBRA–90), as amended, which                        for licensing, inspection, and annual
                                                      Proposed Rule Stage
                                                                                                                     requires the Nuclear Regulatory                             fees charged to its applicants and
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                                                      558. • Revision of Fee Schedules; Fee                          Commission to recover approximately                         licensees. The licensing and inspection
                                                      Recovery for FY 2017 [NRC–2016–0081]                           90 percent of its budget authority in a                     fees are established under 10 CFR part
                                                                                                                     given fiscal year, less the amounts                         170 and recover the Nuclear Regulatory
                                                        Legal Authority: 31 U.S.C. 483; 42                           appropriated from the Waste Incidental                      Commission’s cost of providing services
                                                      U.S.C. 2201 ; 42 U.S.C. 2214; 42 U.S.C.                        to Reprocessing and generic homeland                        to identifiable applicants and licensees.
                                                      5841                                                           security activities, through fees assessed                  Examples of services provided by the


                                                       1 For information on delegated rulemakings see

                                                      ADAMS Accession No. ML16040A011.


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                                                      94896                     Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Unified Agenda

                                                      Nuclear Regulatory Commission for                         disapproved (ADAMS Accession No.                          Regulatory Flexibility Analysis
                                                      which 10 CFR part 170 fees are assessed                   ML051520285). The rulemaking package                    Required: Yes.
                                                      include license application reviews,                      included a summary of stakeholder                         Agency Contact: Michele D. Kaplan,
                                                      license renewals, license amendment                       comments (NUREG/CR–6682),                               Phone: 301 415–5256, Email:
                                                      reviews, and inspections. The annual                      Supplement 1 (ADAMS Accession No.                       michele.kaplan@nrc.gov.
                                                      fees established under 10 CFR part 171                    ML003754410). The Commission’s
                                                      recover budgeted costs for generic (e.g.,                 decision was based on the fact that the                   RIN: 3150–AI54
                                                      research and rulemaking) and other                        Agency is currently faced with several                  561. Revision of Fee Schedules: Fee
                                                      regulatory activities not recovered under                 high priority and complex tasks, that the               Recovery for FY 2016 [NRC–2015–0223]
                                                      10 CFR part 170 fees.                                     current approach to review specific
                                                         Timetable:                                             cases on an individual basis is fully                      Legal Authority: 31 U.S.C. 483; 42
                                                                                                                protective of public health and safety,                 U.S.C. 2201; 42 U.S.C. 2214; 42 U.S.C.
                                                             Action               Date           FR Cite        and that the immediate need for this                    5841
                                                                                                                rule has changed due to the shift in                       Abstract: This rule amends the
                                                      NPRM ..................    01/00/17
                                                                                                                timing for reactor decommissioning.                     Nuclear Regulatory Commission
                                                        Regulatory Flexibility Analysis                         The Commission has discontinued                         licensing, inspection, special project,
                                                      Required: Yes.                                            action on this rulemaking.                              and annual fees charged to its
                                                        Agency Contact: Michele D. Kaplan,                        Completed:                                            applicants and licensees and, for the
                                                      Nuclear Regulatory Commission, Office                                                                             first time, the NRC is proposing to
                                                                                                                      Reason                  Date         FR Cite      recover its costs when it responds to
                                                      of the Chief Financial Officer,
                                                      Washington, DC 20555–0001, Phone:                         Discontinued .......      07/29/16     81 FR 49863      third-party demands for information in
                                                      301 415–5256, Email: michele.kaplan@                                                                              litigation where the United States is not
                                                      nrc.gov.                                                    Regulatory Flexibility Analysis                       a party (‘‘Touhy requests’’). These
                                                        RIN: 3150–AJ73                                          Required: Yes.                                          amendments are necessary to
                                                                                                                  Agency Contact: Torre Taylor, Phone:                  implement the Omnibus Budget
                                                                                                                301 415–7900, Email: torre.taylor@                      Reconciliation Act of 1990 as amended
                                                                                                                nrc.gov.                                                (OBRA–90), which requires the NRC to
                                                      NUCLEAR REGULATORY
                                                                                                                  RIN: 3150–AH18                                        recover approximately 90 percent of its
                                                      COMMISSION (NRC)
                                                                                                                                                                        annual budget through fees.
                                                                                                                560. Variable Annual Fee Structure for
                                                      Completed Actions                                                                                                    Completed:
                                                                                                                Small Modular Power Reactors [NRC–
                                                      559. Controlling the Disposition of Solid                 2008–0664]
                                                      Materials [NRC–1999–0002]                                                                                              Reason               Date        FR Cite
                                                                                                                  Legal Authority: 42 U.S.C. 2201; 42
                                                         Legal Authority: 42 U.S.C. 2201; 42                    U.S.C. 5841                                             Final Rule Pub-          06/24/16   81 FR 41171
                                                      U.S.C. 5841                                                 Abstract: This rule would amend the                     lished.
                                                         Abstract: This rule would add                          Nuclear Regulatory Commission’s                         Final Rule Effec-        08/23/16
                                                      radiological criteria for controlling the                 regulations governing annual fees to                      tive.
                                                      disposition of solid materials that have                  establish a variable annual fee structure
                                                      no, or very small amounts of, residual                    for power reactors based on licensed                      Regulatory Flexibility Analysis
                                                      radioactivity resulting from licensed                     power limits.                                           Required: Yes.
                                                      operations, and which originate in                          Completed:                                              Agency Contact: Michele D. Kaplan,
                                                      restricted or impacted areas of NRC-                                                                              Phone: 301 415–5256, Email:
                                                      licensed facilities. The NRC staff                              Reason                  Date         FR Cite
                                                                                                                                                                        michele.kaplan@nrc.gov.
                                                      provided a draft proposed rule package
                                                      on Controlling the Disposition of Solid                   Final Rule ............   05/24/16     81 FR 32617        RIN: 3150–AJ66
                                                                                                                Final Rule Effec-         06/23/16
                                                      Materials to the Commission on March                        tive.
                                                                                                                                                                        [FR Doc. 2016–29930 Filed 12–22–16; 8:45 am]
                                                      31, 2005, which the Commission                                                                                    BILLING CODE 7590–01–P
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Document Created: 2016-12-23 12:29:09
Document Modified: 2016-12-23 12:29:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionSemiannual regulatory agenda.
DatesSubmit comments on rulemaking activities as identified in this Agenda by January 23, 2017.
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 Citation81 FR 94893 

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