83_FR_19550 83 FR 19464 - Review of Administrative Rules

83 FR 19464 - Review of Administrative Rules

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 86 (May 3, 2018)

Page Range19464-19466
FR Document2018-09359

The U.S. Nuclear Regulatory Commission (NRC) is initiating a retrospective review of administrative requirements to identify outdated or duplicative administrative requirements that may be eliminated without an adverse effect on public health or safety, common defense and security, protection of the environment, or regulatory efficiency and effectiveness. The NRC is providing an outline of its strategy and is seeking public comment on the criteria that the NRC proposes to use to identify administrative regulations for possible elimination. This retrospective review of administrative regulations will complement the NRC's existing strategy for retrospective analysis of existing regulations.

Federal Register, Volume 83 Issue 86 (Thursday, May 3, 2018)
[Federal Register Volume 83, Number 86 (Thursday, May 3, 2018)]
[Proposed Rules]
[Pages 19464-19466]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09359]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Proposed 
Rules

[[Page 19464]]



NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

[NRC-2017-0214]


Review of Administrative Rules

AGENCY: Nuclear Regulatory Commission.

ACTION: Request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is initiating a 
retrospective review of administrative requirements to identify 
outdated or duplicative administrative requirements that may be 
eliminated without an adverse effect on public health or safety, common 
defense and security, protection of the environment, or regulatory 
efficiency and effectiveness. The NRC is providing an outline of its 
strategy and is seeking public comment on the criteria that the NRC 
proposes to use to identify administrative regulations for possible 
elimination. This retrospective review of administrative regulations 
will complement the NRC's existing strategy for retrospective analysis 
of existing regulations.

DATES: Submit comments by July 2, 2018. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received before this 
date. The NRC will not prepare written responses to each individual 
comment, due to the NRC's schedule for completing the retrospective 
review of administrative regulations.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0214. Address 
questions about NRC dockets to Ms. Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    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: Ms. Margaret S. Ellenson, Office of 
Nuclear Material Safety and Safeguards; telephone: 301-415-0894; email: 
[email protected]; or Mr. Andrew Carrera, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-1078; email: 
[email protected]; both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0214 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0214.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     NRC's PDR: 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-2017-0214 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.

II. Background

    On August 11, 2017, the NRC announced that the agency is 
initiating, beginning in the fall of the calendar year 2017, a 
retrospective review of its administrative regulations to identify 
those rules that are outdated or duplicative. Once identified, the 
regulations will be evaluated to determine whether they can be 
eliminated without impacting the agency's mission. The retrospective 
review supports the NRC's ongoing regulatory planning and retrospective 
analysis of existing regulations (ADAMS Accession No. ML14002A441).

The Retrospective Review of Administrative Regulations Strategy

    On November 22, 2017, the NRC staff issued SECY-17-0119, 
``Retrospective

[[Page 19465]]

Review of Administrative Regulations'' (ADAMS Accession No. 
ML17286A069), which provided for Commission approval the NRC staff's 
proposed strategy for the retrospective review of regulations. The 
staff requirements memorandum associated with SECY-17-0119 approved the 
NRC staff's proposal and directed staff to implement the strategy. 
Overall, the goal of the retrospective review is to enhance the 
management and administration of regulatory activities and to ensure 
that the agency's regulations remain current and effective. The review 
is intended to identify regulatory changes that are administrative in 
nature that will make the information submittal, record keeping, and 
reporting processes more efficient for the staff, applicants, and 
licensees. The strategy takes into consideration the agency's overall 
statutory responsibilities, including mandates to issue new 
regulations, the number of regulations in chapter I of title 10 of the 
Code of Federal Regulations, and available resources. This effort will 
not impact the NRC's mission, as it will be limited to identifying 
outdated or duplicative, non-substantive administrative regulations.

III. Discussion

    This notice provides an outline of the NRC's approved strategy for 
the retrospective review (see Table 1) and requests public comment on 
the criteria the NRC proposes to use to evaluate potential changes to 
the requirements. In summary, the retrospective review strategy 
involves seven steps--(1) developing criteria to evaluate potential 
regulatory changes to administrative requirements; (2) gathering NRC 
staff input on administrative regulations that might fit the proposed 
criteria; (3) reviewing historical correspondence documents submitted 
to the NRC related to eliminating duplicative or outdated 
administrative regulations; (4) including opportunities for public 
comment; (5) interacting with the public throughout the review process 
by conducting public meetings; (6) reviewing stakeholder input; and (7) 
developing rules or rulemaking plans to eliminate or modify 
administrative requirements, as appropriate.

                         Table 1--Retrospective Review Activity Description and Timeline
----------------------------------------------------------------------------------------------------------------
                                                                                        Approximate completion
               Action                                  Description                             timeframe
----------------------------------------------------------------------------------------------------------------
Step 1: Develop Evaluation Criteria  Develop criteria to ensure administrative        Finalize criteria after
                                      regulations are evaluated in a consistent        close of public comment
                                      manner. The criteria will be used as guides to   period for this notice
                                      determine whether the administrative             and after final review
                                      requirement is duplicative or outdated and if    and approval by the
                                      the requirement(s) should be considered for      Commission.
                                      potential elimination or modification. The
                                      criteria are being disseminated to external
                                      stakeholders for comment via this notice and
                                      will be discussed in a public meeting.
Step 2: Gather NRC Staff Input.....  Provide an email address or other mechanism for  Concurrently with request
                                      NRC staff to provide input on administrative     for public input as
                                      requirements that may be outdated or             outlined in Steps 1 and
                                      duplicative and that the Commission should       4.
                                      consider for elimination or modification.
Step 3: Historical Correspondence    Review relevant historical letters received      Beginning concurrent with
 Review.                              from members of the public, other Federal        Step 4.
                                      agencies, State and local governments,
                                      Federally-recognized Tribes, non-governmental
                                      organizations, and representative industry
                                      groups related to eliminating duplicative or
                                      outdated administrative regulations.
Step 4: Request for Public Input on  Request public input to identify administrative  Within 4 months after the
 Outdated or Duplicative              requirements that may be outdated or             public comment period
 Administrative Requirements.         duplicative and that the Commission should       closes for this notice.
                                      consider for elimination or modification. The
                                      comment period will be open for a period of
                                      approximately 60 days.
Step 5: Conduct Public Meetings....  Schedule public meetings (in-person, webinar,    Meetings will be held
                                      and teleconference-capable) during the comment   during the public comment
                                      periods to provide awareness and answer          period for this notice
                                      questions to clarify the purpose and scope of    and during the public
                                      the activity. Although verbal comments will      comment period for the
                                      not be accepted during the meetings, staff       second notice (Step 4).
                                      will provide instruction on how attendees can
                                      submit written comments.
Step 6: Review Input...............  Compile and analyze the input and assign to the  Initial review and
                                      regulation ``owner'' for the assigned office     assignment of the input
                                      to review each proposal to determine if it has   will be targeted for
                                      merit.                                           after completion of the
                                                                                       public meetings (Step 5).
                                                                                       Recommendations (i.e., no
                                                                                       action or accept for
                                                                                       regulatory change) should
                                                                                       be submitted to the
                                                                                       Commission for its review
                                                                                       and approval within 18
                                                                                       months after initiation
                                                                                       of the activities.
Step 7: Develop Rulemaking           For any administrative requirements that have    The schedule for any
 Activities to Eliminate or Modify    been identified for elimination or               rulemaking activities
 Requirements.                        modification, the potential outcomes could       will be determined using
                                      include:                                         the budget and rulemaking
                                      A consolidated administrative            prioritization
                                      rulemaking;.                                     methodologies. Rulemaking
                                      Inclusion into an existing planned       plans will be submitted
                                      rulemaking; or.                                  to the Commission for its
                                      A stand-alone specific rulemaking.....   review and approval.
----------------------------------------------------------------------------------------------------------------

    Public input will be critical to identifying potential changes to 
administrative requirements as well as to provide data on the benefits 
and costs of existing NRC administrative regulations. The NRC will 
conduct two public meetings to discuss the retrospective review process 
and recommendations. In addition, the NRC will seek input from the 
NRC's existing committees (the Committee to Review Generic 
Requirements, Advisory Committee on Reactor Safeguards, and the 
Advisory Committee on the Medical Uses of Isotopes), other Federal 
agencies, State and local governments, Federally-recognized Tribes, and 
non-governmental organizations. All input that the NRC receives will be 
used to inform the retrospective review recommendations.

[[Page 19466]]

    For the purpose of this review, administrative regulations are 
those that impose recordkeeping or reporting requirements or address 
areas of agency organization, procedure, or practice. Consistent with 
Step 1 of the strategy, the NRC developed the draft criteria and goals 
listed below to evaluate potential regulatory changes of this nature. 
The evaluation criteria would serve as factors of consideration to 
guide the staff's decisionmaking. The staff is not proposing to use the 
criteria to make stand-alone determinations. Instead, the criteria will 
be weighed against other activities outlined in the strategy, such as 
staff programmatic experience and, comments received, and the 
correspondence review. Draft criteria 1-3 are intended to ``screen-in'' 
regulations for inquiry for potential elimination or modification, as 
they address whether a regulation is outdated or duplicative. These 
screening-in criteria are not intended to be mutually exclusive. A 
given regulation may satisfy one or more of the criteria. Draft 
criterion 4 is intended to ``screen-out'' regulations from further 
inquiry or for potential elimination or modification so as to avoid 
unintended consequences. Specific points about which the NRC seeks 
public comment are described in the Section IV, ``Specific Questions,'' 
of this document.

Draft Criteria for Selecting Changes to Administrative Requirements

    1. Routine and periodic recordkeeping and reporting requirements, 
such as directives to submit recurring reports, which the NRC has not 
consulted or referenced in programmatic operations or policy 
development in the last 3 years.
    The goal of this criterion is to identify outdated requirements for 
information collection.
    2. Reports or records that contain information reasonably 
accessible to the agency from alternative resources or routine 
reporting requirements where less frequent reporting would meet 
programmatic needs.
    The goal of this criterion is to identify duplicative information 
or overused collection requirements.
    3. Recordkeeping and reporting requirements that result in 
significant burden. For example, more than $100,000 overall per 
potential regulatory change; or over 1,000 reporting hours for each 
affected individual or entity over a 3-year period; or 10 hours for 
each affected individual or entity each calendar year or per 
application.
    The goal of this criterion is to ensure that elimination or 
modification of outdated or duplicative recordkeeping and reporting 
requirements could result in appreciable reductions in burden for the 
NRC, licensees, or both. The criterion is not intended to be used as a 
stand-alone consideration, but rather as a tool to ensure that the 
retrospective review is focused on efforts that will in fact result in 
a reduction in burden.
    4. Reports or records that contain information used by other 
Federal agencies, State and local governments, or Federally-recognized 
Tribes will be eliminated from the review.
    The goal of this criterion is to decrease the potential for 
unintended consequences. For example, the NRC collects certain 
information on behalf of other government agencies. It is not the 
intent of this effort to change that practice.

IV. Specific Questions

    The NRC is providing an opportunity for the public to submit 
information and comments on the criteria that the NRC proposes to use 
to identify administrative requirements for potential modification or 
elimination. You may suggest other criteria; please provide supporting 
rationale for any alternative criteria you recommend that the NRC use 
in conducting its review. The NRC is particularly interested in 
gathering input in the following areas:
    1. Do the proposed evaluation criteria serve the purposes described 
in this notice? Why or why not?
    2. The NRC is considering whether the burden reduction minimum is 
appropriate. Is ``significant burden'' the appropriate measure? Are the 
examples given for Criterion 3 appropriate or useful? Should the NRC 
use different bases for measuring ``significant burden,'' and if so, 
what are these measures and how would they result in a more accurate or 
complete measurement of burden?
    3. The NRC is considering multiple thresholds for different classes 
of regulated entities, as a single threshold might not be useful to 
identify burden reductions for all licensee types. What is the 
appropriate threshold for your entity class (e.g., operating reactor, 
industrial radiographer, fuel cycle facility)?
    4. Are there other evaluation criteria the NRC should consider 
using in its retrospective review of administrative regulations? What 
are those criteria and why?

V. Public Meetings

    Public input will be critical to identifying potential regulatory 
changes as well as to provide data on the benefits and costs of 
existing NRC regulations. The NRC will conduct two public meetings to 
discuss the Retrospective Review process and recommendations.
    The NRC will publish a notice of the location, time, and agenda of 
any meetings in the Federal Register, on www.Regulations.gov, and on 
the NRC's public meeting website at least 10 calendar days before the 
meeting. Stakeholders should monitor the NRC's public meeting website 
for information about the public meeting at: http://www.nrc.gov/public-involve/public-meetings/index.cfm.

    Dated at Rockville, Maryland, this 27th day of April, 2018.

    For the Nuclear Regulatory Commission.

Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2018-09359 Filed 5-2-18; 8:45 am]
BILLING CODE 7590-01-P



                                                  19464

                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 83, No. 86

                                                                                                                                                                Thursday, May 3, 2018



                                                  This section of the FEDERAL REGISTER                    INFORMATION CONTACT    section of this                please contact the NRC’s Public
                                                  contains notices to the public of the proposed          document.                                             Document Room (PDR) reference staff at
                                                  issuance of rules and regulations. The                     • Email comments to:                               1–800–397–4209, 301–415–4737, or by
                                                  purpose of these notices is to give interested          Rulemaking.Comments@nrc.gov. If you                   email to pdr.resource@nrc.gov. The
                                                  persons an opportunity to participate in the            do not receive an automatic email reply               ADAMS accession number for each
                                                  rule making prior to the adoption of the final
                                                                                                          confirming receipt, then contact us at                document referenced (if it is available in
                                                  rules.
                                                                                                          301–415–1677.                                         ADAMS) is provided the first time that
                                                                                                             • Fax comments to: Secretary, U.S.                 it is mentioned in this document.
                                                  NUCLEAR REGULATORY                                      Nuclear Regulatory Commission at 301–                    • NRC’s PDR: You may examine and
                                                  COMMISSION                                              415–1101.                                             purchase copies of public documents at
                                                                                                             • Mail comments to: Secretary, U.S.                the NRC’s PDR, Room O1–F21, One
                                                  10 CFR Chapter I                                        Nuclear Regulatory Commission,                        White Flint North, 11555 Rockville
                                                                                                          Washington, DC 20555–0001, ATTN:                      Pike, Rockville, Maryland 20852.
                                                  [NRC–2017–0214]                                         Rulemakings and Adjudications Staff.                  B. Submitting Comments
                                                                                                             • Hand deliver comments to: 11555
                                                  Review of Administrative Rules                          Rockville Pike, Rockville, Maryland                     Please include Docket ID NRC–2017–
                                                                                                          20852, between 7:30 a.m. and 4:15 p.m.                0214 in your comment submission.
                                                  AGENCY:  Nuclear Regulatory                                                                                     The NRC cautions you not to include
                                                  Commission.                                             (Eastern Time) Federal workdays;
                                                                                                                                                                identifying or contact information that
                                                                                                          telephone: 301–415–1677.
                                                  ACTION: Request for comment.                                                                                  you do not want to be publicly
                                                                                                             For additional direction on obtaining
                                                                                                                                                                disclosed in your comment submission.
                                                  SUMMARY:   The U.S. Nuclear Regulatory                  information and submitting comments,
                                                                                                                                                                The NRC will post all comment
                                                  Commission (NRC) is initiating a                        see ‘‘Obtaining Information and
                                                                                                                                                                submissions at http://
                                                  retrospective review of administrative                  Submitting Comments’’ in the
                                                                                                                                                                www.regulations.gov as well as enter the
                                                  requirements to identify outdated or                    SUPPLEMENTARY INFORMATION section of
                                                                                                                                                                comment submissions into ADAMS.
                                                  duplicative administrative requirements                 this document.
                                                                                                                                                                The NRC does not routinely edit
                                                  that may be eliminated without an                       FOR FURTHER INFORMATION CONTACT: Ms.                  comment submissions to remove
                                                  adverse effect on public health or safety,              Margaret S. Ellenson, Office of Nuclear               identifying or contact information.
                                                  common defense and security,                            Material Safety and Safeguards;                         If you are requesting or aggregating
                                                  protection of the environment, or                       telephone: 301–415–0894; email:                       comments from other persons for
                                                  regulatory efficiency and effectiveness.                Margaret.Ellenson@nrc.gov; or Mr.                     submission to the NRC, then you should
                                                  The NRC is providing an outline of its                  Andrew Carrera, Office of Nuclear                     inform those persons not to include
                                                  strategy and is seeking public comment                  Material Safety and Safeguards;                       identifying or contact information that
                                                  on the criteria that the NRC proposes to                telephone: 301–415–1078; email:                       they do not want to be publicly
                                                  use to identify administrative                          Andrew.Carrera@nrc.gov; both are staff                disclosed in their comment submission.
                                                  regulations for possible elimination.                   of the U.S. Nuclear Regulatory                        Your request should state that the NRC
                                                  This retrospective review of                            Commission, Washington, DC 20555–                     does not routinely edit comment
                                                  administrative regulations will                         0001.                                                 submissions to remove such information
                                                  complement the NRC’s existing strategy                  SUPPLEMENTARY INFORMATION:                            before making the comment
                                                  for retrospective analysis of existing                                                                        submissions available to the public or
                                                  regulations.                                            I. Obtaining Information and                          entering the comment into ADAMS.
                                                                                                          Submitting Comments
                                                  DATES:  Submit comments by July 2,                                                                            II. Background
                                                  2018. Comments received after this date                 A. Obtaining Information
                                                  will be considered if it is practical to do                                                                      On August 11, 2017, the NRC
                                                                                                             Please refer to Docket ID NRC–2017–                announced that the agency is initiating,
                                                  so, but the Commission is able to ensure                0214 when contacting the NRC about
                                                  consideration only for comments                                                                               beginning in the fall of the calendar year
                                                                                                          the availability of information for this              2017, a retrospective review of its
                                                  received before this date. The NRC will                 action. You may obtain publicly-
                                                  not prepare written responses to each                                                                         administrative regulations to identify
                                                                                                          available information related to this                 those rules that are outdated or
                                                  individual comment, due to the NRC’s                    action by any of the following methods:
                                                  schedule for completing the                                                                                   duplicative. Once identified, the
                                                                                                             • Federal Rulemaking website: Go to                regulations will be evaluated to
                                                  retrospective review of administrative                  http://www.regulations.gov and search
                                                  regulations.                                                                                                  determine whether they can be
                                                                                                          for Docket ID NRC–2017–0214.                          eliminated without impacting the
                                                  ADDRESSES:  You may submit comments                        • NRC’s Agencywide Documents                       agency’s mission. The retrospective
                                                  by any of the following methods:                        Access and Management System
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                review supports the NRC’s ongoing
                                                    • Federal Rulemaking website: Go to                   (ADAMS): You may obtain publicly-                     regulatory planning and retrospective
                                                  http://www.regulations.gov and search                   available documents online in the                     analysis of existing regulations (ADAMS
                                                  for Docket ID NRC–2017–0214. Address                    ADAMS Public Documents collection at                  Accession No. ML14002A441).
                                                  questions about NRC dockets to Ms.                      http://www.nrc.gov/reading-rm/
                                                  Carol Gallagher; telephone: 301–415–                    adams.html. To begin the search, select               The Retrospective Review of
                                                  3463; email: Carol.Gallagher@nrc.gov.                   ‘‘ADAMS Public Documents’’ and then                   Administrative Regulations Strategy
                                                  For technical questions contact the                     select ‘‘Begin Web-based ADAMS                           On November 22, 2017, the NRC staff
                                                  individuals listed in the FOR FURTHER                   Search.’’ For problems with ADAMS,                    issued SECY–17–0119, ‘‘Retrospective


                                             VerDate Sep<11>2014   16:35 May 02, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\03MYP1.SGM   03MYP1


                                                                            Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Proposed Rules                                                              19465

                                                  Review of Administrative Regulations’’                    licensees. The strategy takes into                            In summary, the retrospective review
                                                  (ADAMS Accession No. ML17286A069),                        consideration the agency’s overall                            strategy involves seven steps—(1)
                                                  which provided for Commission                             statutory responsibilities, including                         developing criteria to evaluate potential
                                                  approval the NRC staff’s proposed                         mandates to issue new regulations, the                        regulatory changes to administrative
                                                  strategy for the retrospective review of                  number of regulations in chapter I of                         requirements; (2) gathering NRC staff
                                                  regulations. The staff requirements                       title 10 of the Code of Federal                               input on administrative regulations that
                                                  memorandum associated with SECY–                          Regulations, and available resources.                         might fit the proposed criteria; (3)
                                                  17–0119 approved the NRC staff’s                          This effort will not impact the NRC’s                         reviewing historical correspondence
                                                  proposal and directed staff to                            mission, as it will be limited to                             documents submitted to the NRC related
                                                  implement the strategy. Overall, the goal                 identifying outdated or duplicative,                          to eliminating duplicative or outdated
                                                  of the retrospective review is to enhance                 non-substantive administrative                                administrative regulations; (4) including
                                                  the management and administration of                      regulations.                                                  opportunities for public comment; (5)
                                                  regulatory activities and to ensure that
                                                  the agency’s regulations remain current                   III. Discussion                                               interacting with the public throughout
                                                  and effective. The review is intended to                    This notice provides an outline of the                      the review process by conducting public
                                                  identify regulatory changes that are                      NRC’s approved strategy for the                               meetings; (6) reviewing stakeholder
                                                  administrative in nature that will make                   retrospective review (see Table 1) and                        input; and (7) developing rules or
                                                  the information submittal, record                         requests public comment on the criteria                       rulemaking plans to eliminate or modify
                                                  keeping, and reporting processes more                     the NRC proposes to use to evaluate                           administrative requirements, as
                                                  efficient for the staff, applicants, and                  potential changes to the requirements.                        appropriate.

                                                                                  TABLE 1—RETROSPECTIVE REVIEW ACTIVITY DESCRIPTION AND TIMELINE
                                                          Action                                                       Description                                                    Approximate completion timeframe

                                                  Step 1: Develop           Develop criteria to ensure administrative regulations are evaluated in a con-                           Finalize criteria after close of public
                                                    Evaluation Criteria.      sistent manner. The criteria will be used as guides to determine whether the                            comment period for this notice and
                                                                              administrative requirement is duplicative or outdated and if the require-                               after final review and approval by the
                                                                              ment(s) should be considered for potential elimination or modification. The                             Commission.
                                                                              criteria are being disseminated to external stakeholders for comment via this
                                                                              notice and will be discussed in a public meeting.
                                                  Step 2: Gather NRC        Provide an email address or other mechanism for NRC staff to provide input                              Concurrently with request for public
                                                    Staff Input.              on administrative requirements that may be outdated or duplicative and that                             input as outlined in Steps 1 and 4.
                                                                              the Commission should consider for elimination or modification.
                                                  Step 3: Historical        Review relevant historical letters received from members of the public, other                           Beginning concurrent with Step 4.
                                                    Correspondence            Federal agencies, State and local governments, Federally-recognized Tribes,
                                                    Review.                   non-governmental organizations, and representative industry groups related
                                                                              to eliminating duplicative or outdated administrative regulations.
                                                  Step 4: Request for       Request public input to identify administrative requirements that may be out-                           Within 4 months after the public com-
                                                    Public Input on           dated or duplicative and that the Commission should consider for elimination                           ment period closes for this notice.
                                                    Outdated or Dupli-        or modification. The comment period will be open for a period of approxi-
                                                    cative Administra-        mately 60 days.
                                                    tive Requirements.
                                                  Step 5: Conduct Pub-      Schedule public meetings (in-person, webinar, and teleconference-capable)                               Meetings will be held during the public
                                                    lic Meetings.             during the comment periods to provide awareness and answer questions to                                comment period for this notice and
                                                                              clarify the purpose and scope of the activity. Although verbal comments will                           during the public comment period for
                                                                              not be accepted during the meetings, staff will provide instruction on how                             the second notice (Step 4).
                                                                              attendees can submit written comments.
                                                  Step 6: Review Input      Compile and analyze the input and assign to the regulation ‘‘owner’’ for the as-                        Initial review and assignment of the
                                                                              signed office to review each proposal to determine if it has merit.                                      input will be targeted for after com-
                                                                                                                                                                                       pletion of the public meetings (Step
                                                                                                                                                                                       5). Recommendations (i.e., no action
                                                                                                                                                                                       or accept for regulatory change)
                                                                                                                                                                                       should be submitted to the Commis-
                                                                                                                                                                                       sion for its review and approval with-
                                                                                                                                                                                       in 18 months after initiation of the ac-
                                                                                                                                                                                       tivities.
                                                  Step 7: Develop           For any administrative requirements that have been identified for elimination or                        The schedule for any rulemaking activi-
                                                    Rulemaking Activi-        modification, the potential outcomes could include:                                                      ties will be determined using the
                                                    ties to Eliminate or        • A consolidated administrative rulemaking; ................................................           budget and rulemaking prioritization
                                                    Modify Require-             • Inclusion into an existing planned rulemaking; or .....................................              methodologies. Rulemaking plans
                                                    ments.                      • A stand-alone specific rulemaking .............................................................      will be submitted to the Commission
                                                                                                                                                                                       for its review and approval.
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                                                    Public input will be critical to                        retrospective review process and                              Uses of Isotopes), other Federal
                                                  identifying potential changes to                          recommendations. In addition, the NRC                         agencies, State and local governments,
                                                  administrative requirements as well as                    will seek input from the NRC’s existing                       Federally-recognized Tribes, and non-
                                                  to provide data on the benefits and costs                 committees (the Committee to Review                           governmental organizations. All input
                                                  of existing NRC administrative                            Generic Requirements, Advisory                                that the NRC receives will be used to
                                                  regulations. The NRC will conduct two                     Committee on Reactor Safeguards, and                          inform the retrospective review
                                                  public meetings to discuss the                            the Advisory Committee on the Medical                         recommendations.


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                                                  19466                     Federal Register / Vol. 83, No. 86 / Thursday, May 3, 2018 / Proposed Rules

                                                     For the purpose of this review,                      outdated or duplicative recordkeeping                 regulations. The NRC will conduct two
                                                  administrative regulations are those that               and reporting requirements could result               public meetings to discuss the
                                                  impose recordkeeping or reporting                       in appreciable reductions in burden for               Retrospective Review process and
                                                  requirements or address areas of agency                 the NRC, licensees, or both. The                      recommendations.
                                                  organization, procedure, or practice.                   criterion is not intended to be used as                 The NRC will publish a notice of the
                                                  Consistent with Step 1 of the strategy,                 a stand-alone consideration, but rather               location, time, and agenda of any
                                                  the NRC developed the draft criteria and                as a tool to ensure that the retrospective            meetings in the Federal Register, on
                                                  goals listed below to evaluate potential                review is focused on efforts that will in             www.Regulations.gov, and on the NRC’s
                                                  regulatory changes of this nature. The                  fact result in a reduction in burden.                 public meeting website at least 10
                                                  evaluation criteria would serve as                         4. Reports or records that contain                 calendar days before the meeting.
                                                  factors of consideration to guide the                   information used by other Federal                     Stakeholders should monitor the NRC’s
                                                  staff’s decisionmaking. The staff is not                agencies, State and local governments,                public meeting website for information
                                                  proposing to use the criteria to make                   or Federally-recognized Tribes will be                about the public meeting at: http://
                                                  stand-alone determinations. Instead, the                eliminated from the review.                           www.nrc.gov/public-involve/public-
                                                  criteria will be weighed against other                     The goal of this criterion is to                   meetings/index.cfm.
                                                  activities outlined in the strategy, such               decrease the potential for unintended
                                                                                                                                                                  Dated at Rockville, Maryland, this 27th day
                                                  as staff programmatic experience and,                   consequences. For example, the NRC                    of April, 2018.
                                                  comments received, and the                              collects certain information on behalf of
                                                                                                                                                                  For the Nuclear Regulatory Commission.
                                                  correspondence review. Draft criteria 1–                other government agencies. It is not the
                                                  3 are intended to ‘‘screen-in’’                         intent of this effort to change that                  Annette L. Vietti-Cook,
                                                  regulations for inquiry for potential                   practice.                                             Secretary of the Commission.
                                                  elimination or modification, as they                                                                          [FR Doc. 2018–09359 Filed 5–2–18; 8:45 am]
                                                                                                          IV. Specific Questions
                                                  address whether a regulation is outdated                                                                      BILLING CODE 7590–01–P
                                                  or duplicative. These screening-in                         The NRC is providing an opportunity
                                                  criteria are not intended to be mutually                for the public to submit information and
                                                  exclusive. A given regulation may                       comments on the criteria that the NRC
                                                  satisfy one or more of the criteria. Draft              proposes to use to identify                           DEPARTMENT OF TRANSPORTATION
                                                  criterion 4 is intended to ‘‘screen-out’’               administrative requirements for
                                                  regulations from further inquiry or for                 potential modification or elimination.                Federal Aviation Administration
                                                  potential elimination or modification so                You may suggest other criteria; please
                                                  as to avoid unintended consequences.                    provide supporting rationale for any                  14 CFR Part 39
                                                  Specific points about which the NRC                     alternative criteria you recommend that
                                                                                                          the NRC use in conducting its review.                 [Docket No. FAA–2018–0361; Product
                                                  seeks public comment are described in
                                                                                                          The NRC is particularly interested in                 Identifier 2017–NM–160–AD]
                                                  the Section IV, ‘‘Specific Questions,’’ of
                                                  this document.                                          gathering input in the following areas:
                                                                                                             1. Do the proposed evaluation criteria             RIN 2120–AA64
                                                  Draft Criteria for Selecting Changes to                 serve the purposes described in this
                                                  Administrative Requirements                                                                                   Airworthiness Directives; Airbus
                                                                                                          notice? Why or why not?
                                                                                                             2. The NRC is considering whether                  Airplanes
                                                    1. Routine and periodic recordkeeping
                                                  and reporting requirements, such as                     the burden reduction minimum is                       AGENCY: Federal Aviation
                                                  directives to submit recurring reports,                 appropriate. Is ‘‘significant burden’’ the            Administration (FAA), DOT.
                                                  which the NRC has not consulted or                      appropriate measure? Are the examples                 ACTION: Notice of proposed rulemaking
                                                  referenced in programmatic operations                   given for Criterion 3 appropriate or                  (NPRM).
                                                  or policy development in the last 3                     useful? Should the NRC use different
                                                  years.                                                  bases for measuring ‘‘significant                     SUMMARY:   We propose to adopt a new
                                                    The goal of this criterion is to identify             burden,’’ and if so, what are these                   airworthiness directive (AD) for certain
                                                  outdated requirements for information                   measures and how would they result in                 Airbus Model A318, A319, and A320
                                                  collection.                                             a more accurate or complete                           series airplanes, and Model A321–111,
                                                    2. Reports or records that contain                    measurement of burden?                                –112, –131, –211, –212, –213, –231,
                                                  information reasonably accessible to the                   3. The NRC is considering multiple                 –232, –251N, –253N, and –271N
                                                  agency from alternative resources or                    thresholds for different classes of                   airplanes. This proposed AD was
                                                  routine reporting requirements where                    regulated entities, as a single threshold             prompted by a determination that more
                                                  less frequent reporting would meet                      might not be useful to identify burden                restrictive maintenance requirements
                                                  programmatic needs.                                     reductions for all licensee types. What               and airworthiness limitations are
                                                    The goal of this criterion is to identify             is the appropriate threshold for your                 necessary. This proposed AD would
                                                  duplicative information or overused                     entity class (e.g., operating reactor,                require revising the maintenance or
                                                  collection requirements.                                industrial radiographer, fuel cycle                   inspection program, as applicable, to
                                                    3. Recordkeeping and reporting                        facility)?                                            incorporate the specified maintenance
                                                  requirements that result in significant                    4. Are there other evaluation criteria             requirements and airworthiness
                                                  burden. For example, more than                          the NRC should consider using in its                  limitations. We are proposing this AD to
                                                  $100,000 overall per potential                          retrospective review of administrative
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                                                                                                                                                                address the unsafe condition on these
                                                  regulatory change; or over 1,000                        regulations? What are those criteria and              products.
                                                  reporting hours for each affected                       why?
                                                  individual or entity over a 3-year                                                                            DATES:  We must receive comments on
                                                  period; or 10 hours for each affected                   V. Public Meetings                                    this proposed AD by June 18, 2018.
                                                  individual or entity each calendar year                   Public input will be critical to                    ADDRESSES: You may send comments,
                                                  or per application.                                     identifying potential regulatory changes              using the procedures found in 14 CFR
                                                    The goal of this criterion is to ensure               as well as to provide data on the                     11.43 and 11.45, by any of the following
                                                  that elimination or modification of                     benefits and costs of existing NRC                    methods:


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Document Created: 2018-05-02 23:48:19
Document Modified: 2018-05-02 23:48:19
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
ActionRequest for comment.
DatesSubmit comments by July 2, 2018. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. The NRC will not prepare written responses to each individual comment, due to the NRC's schedule for completing the retrospective review of administrative regulations.
ContactMs. Margaret S. Ellenson, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-0894; email: [email protected]; or Mr. Andrew Carrera, Office of Nuclear Material Safety and Safeguards; telephone: 301-415-1078; email: [email protected]; both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation83 FR 19464 

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