Proposed Rule2023-02041
Unified Agenda of Federal Regulatory and Deregulatory Actions
Primary source
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Published
February 22, 2023
Issuing agencies
Nuclear Regulatory Commission
Abstract
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 NRC's 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 10 rulemaking activities since our complete Agenda was issued online at the Office of Management and Budget's website at https://www.reginfo.gov on June 21, 2022. This issuance of our Agenda contains 30 active and 18 long-term rulemaking activities: 2 are Economically Significant; 17 represent Other Significant agency priorities; 27 are Substantive, Nonsignificant rulemaking activities; and 2 are Administrative rulemaking activities. In addition, 6 rulemaking activities impact small entities. We are requesting comment on the rulemaking activities as identified in this Agenda. The NRC's last Agenda was issued for public comment on August 8, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 11372-11374]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-02041]
[[Page 11371]]
Vol. 88
Wednesday,
No. 35
February 22, 2023
Part XXV
Nuclear Regulatory Commission
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Semiannual Regulatory Agenda
Federal Register / Vol. 88 , No. 35 / Wednesday, February 22, 2023 /
UA: Reg Flex Agenda
[[Page 11372]]
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NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
[NRC-2022-0166]
Unified Agenda of Federal Regulatory and Deregulatory Actions
AGENCY: Nuclear Regulatory Commission.
ACTION: Semiannual Regulatory Agenda.
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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 NRC's 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 10 rulemaking activities
since our complete Agenda was issued online at the Office of Management
and Budget's website at <a href="https://www.reginfo.gov">https://www.reginfo.gov</a> on June 21, 2022. This
issuance of our Agenda contains 30 active and 18 long-term rulemaking
activities: 2 are Economically Significant; 17 represent Other
Significant agency priorities; 27 are Substantive, Nonsignificant
rulemaking activities; and 2 are Administrative rulemaking activities.
In addition, 6 rulemaking activities impact small entities. We are
requesting comment on the rulemaking activities as identified in this
Agenda. The NRC's last Agenda was issued for public comment on August
8, 2022.
DATES: Submit comments on rulemaking activities as identified in this
Agenda by March 24, 2023.
ADDRESSES: Submit comments on any rulemaking activity in the Agenda by
the date and methods specified in the Federal Register notice for 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 for comments received on or before the closure date specified in
the Federal Register notice. You may submit comments on this Agenda
through the Federal rulemaking website by going to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and searching for Docket ID NRC-2022-0166. Address
questions about NRC dockets to Dawn Forder, telephone: 301-415-3407;
email: <a href="/cdn-cgi/l/email-protection#ebaf8a9c85c5ad84998f8e99ab859988c58c849d"><span class="__cf_email__" data-cfemail="bdf9dccad393fbd2cfd9d8cffdd3cfde93dad2cb">[email protected]</span></a>.
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 K. Bladey, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, telephone: 301-415-3280; email:
<a href="/cdn-cgi/l/email-protection#16557f78726f38547a7772736f5678647538717960"><span class="__cf_email__" data-cfemail="91d2f8fff5e8bfd3fdf0f5f4e8d1ffe3f2bff6fee7">[email protected]</span></a>. 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-2022-0166 when contacting the NRC
about the availability of information for this document. You may obtain
publicly available information related to this document by any of the
following methods:
<bullet> Federal Rulemaking Website: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket ID NRC-2022-0166.
<bullet> NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's Public Document Room, Room P1
B35, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852. To make an appointment to visit the PDR, please send an email to
<a href="/cdn-cgi/l/email-protection#b2e2f6e09ce0d7c1ddc7c0d1d7f2dcc0d19cd5ddc4"><span class="__cf_email__" data-cfemail="550511077b0730263a20273630153b27367b323a23">[email protected]</span></a> or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. eastern time (ET), Monday through Friday,
except Federal holidays.
<bullet> <a href="http://Reginfo.gov">Reginfo.gov</a>:
[cir] For completed rulemaking activities, go to <a href="https://www.reginfo.gov/public/do/eAgendaHistory?showStage=completed">https://www.reginfo.gov/public/do/eAgendaHistory?showStage=completed</a>, select
``Fall 2022 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 <a href="https://www.reginfo.gov/public/do/eAgendaMain">https://www.reginfo.gov/public/do/eAgendaMain</a> and select ``Nuclear Regulatory
Commission'' from drop down menu.
[cir] For long-term rulemaking activities go to <a href="https://www.reginfo.gov/public/do/eAgendaMain">https://www.reginfo.gov/public/do/eAgendaMain</a>, select link for ``Current Long
Term Actions,'' and select ``Nuclear Regulatory Commission'' from drop
down menu.
B. Submitting Comments
Please include Docket ID NRC-2022-0166 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> as well as enter the comment submissions into the
NRC's 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 for
which 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.
The NRC assigns a ``Regulation Identifier Number'' (RIN) to a
rulemaking activity when the Commission initiates a rulemaking and
approves a rulemaking plan, or when the NRC staff begins work on a
Commission-delegated rulemaking 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. The NRC reports all rulemaking activities in the
Agenda that have been assigned a RIN and meet the definition
[[Page 11373]]
for a completed, an active, or a long-term rulemaking activity.
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 August 8, 2022. Specifically, the information in
this Agenda has been updated through November 30, 2022. The NRC
provides additional information on planned rulemaking and petition for
rulemaking activities, including priority and schedule, in the NRC's
Rulemaking Tracking System on our website at <a href="https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/ruleindex.html">https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/ruleindex.html</a>.
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.
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 issuance 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 website at <a href="https://www.nrc.gov/about-nrc/regulatory/rulemaking/flexibility-act/small-entities.html">https://www.nrc.gov/about-nrc/regulatory/rulemaking/flexibility-act/small-entities.html</a>.
Public Comments Received on the NRC Unified Agenda
The comment period on the NRC's last Agenda (published on August 8,
2022 (<a href="https://www.govinfo.gov/content/pkg/FR-2022-08-08/pdf/2022-14620.pdf">https://www.govinfo.gov/content/pkg/FR-2022-08-08/pdf/2022-14620.pdf</a>)) closed on September 7, 2022. The NRC did not receive any
comments on its Spring 2022 Agenda.
For the Nuclear Regulatory Commission.
Cindy K. Bladey,
Chief, Regulatory Analysis and Rulemaking Support Branch, Division of
Rulemaking, Environmental, and Financial Support, Office of Nuclear
Material Safety and Safeguards.
Nuclear Regulatory Commission--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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583....................... Revision to the NRC's 3150-AJ36
Acquisition Regulation
(NRCAR) [NRC-2014-0033].
584....................... Revision of Fee Schedules: 3150-AK58
Fee Recovery for FY 2023
[NRC-2021-0024] (Reg Plan
Seq No. 226).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Nuclear Regulatory Commission--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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585....................... Items Containing Byproduct 3150-AJ54
Material Incidental to
Production [NRC-2015-
0017].
586....................... Revision of Fee Schedules: 3150-AK74
Fee Recovery for Fiscal
Year 2024 [NRC-2022-0046].
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Nuclear Regulatory Commission--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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587....................... Revision of Fee Schedules: 3150-AK44
Fee Recovery for FY 2022
[NRC-2020-0031].
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NUCLEAR REGULATORY COMMISSION (NRC)
Proposed Rule Stage
583. Revision to the NRC'S Acquisition Regulation (NRCAR) [NRC-2014-
0033] [3150-AJ36]
Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
Abstract: This rulemaking would amend the NRC's acquisition
regulation that governs the procurement of goods and services for the
agency. The purpose of this rulemaking is to update the NRC's
acquisitions regulations (NRCAR) to conform with external regulations,
incorporate NRC organizational changes, and remove outdated or obsolete
information. The revisions would affect both internal and external
stakeholders (contractors) and are needed to support current NRC
contracting policies and ensure openness, transparency, and
effectiveness in agency acquisitions.
Timetable:
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Action Date FR Cite
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NPRM................................ 06/00/23
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Jill Daly, Nuclear Regulatory Commission, Office of
Administration, Washington, DC 20055-0001, Phone: 301 415-8079, Email:
<a href="/cdn-cgi/l/email-protection#82e8ebeeeeace6e3eefbc2ecf0e1ace5edf4"><span class="__cf_email__" data-cfemail="8de7e4e1e1a3e9ece1f4cde3ffeea3eae2fb">[email protected]</span></a>.
RIN: 3150-AJ36
584. Revision of Fee Schedules: Fee Recovery for FY 2023 [NRC-2021-
0024] [3150-AK58]
Regulatory Plan: This entry is Seq. No. 226 in part II of this
issue of the Federal Register.
RIN: 3150-AK58
NUCLEAR REGULATORY COMMISSION (NRC)
Long-Term Actions
585. Items Containing Byproduct Material Incidental to Production [NRC-
2015-0017] [3150-AJ54]
Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
[[Page 11374]]
Abstract: This rulemaking would amend the NRC's regulations
regarding requirements for track-etched membranes that have been
irradiated with mixed fission products during the production process.
The rule also would accommodate the licensing and distribution of other
irradiated products (e.g., gemstones) without the need for a specific
exemption for each distributor. This rulemaking would affect the
licensees and applicants for items containing byproduct material
incidental to production. The rulemaking addresses a petition for
rulemaking (PRM-30-65).
Timetable:
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Action Date FR Cite
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Regulatory Basis.................... 02/02/21 86 FR 7819
Regulatory Basis Comment Period End. 04/05/21
NPRM................................ 06/27/22 87 FR 38012
NPRM Comment Period End............. 09/12/22
Final Rule.......................... 12/00/25
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Caylee Kenny, Nuclear Regulatory Commission, Office
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001,
Phone: 301 415-7150, Email: <a href="/cdn-cgi/l/email-protection#4526243c2920206b2e202b2b3c052b37266b222a33"><span class="__cf_email__" data-cfemail="7f1c1e06131a1a51141a1111063f110d1c51181009">[email protected]</span></a>.
RIN: 3150-AJ54
586. Revision of Fee Schedules: Fee Recovery for Fiscal Year 2024 [NRC-
2022-0046] [3150-AK74]
Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42
U.S.C. 5841
Abstract: This rulemaking would amend the NRC's regulations for fee
schedules. The NRC conducts this rulemaking annually to recover, to the
maximum extent practicable, approximately 100 percent of the NRC's
budget authority, less the budget authority for excluded activities to
implement the Nuclear Energy Innovation and Modernization Act. This
rulemaking would affect the fee schedules for licensing, inspection,
and annual fees charged to the NRC's applicants and licensees.
Timetable:
------------------------------------------------------------------------
Action Date FR Cite
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NPRM................................ 01/00/24
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Anthony Rossi, Nuclear Regulatory Commission,
Office of the Chief Financial Officer, Washington, DC 20555-0001,
Phone: 301 415-7341, Email: <a href="/cdn-cgi/l/email-protection#ddbcb3a9b5b2b3a4f3afb2aeaeb49db3afbef3bab2ab"><span class="__cf_email__" data-cfemail="42232c362a2d2c3b6c302d31312b022c30216c252d34">[email protected]</span></a>.
RIN: 3150-AK74
NUCLEAR REGULATORY COMMISSION (NRC)
Completed Actions
587. Revision of Fee Schedules: Fee Recovery for FY 2022 [NRC-2020-
0031] [3150-AK44]
Legal Authority: 31 U.S.C. 483; 42 U.S.C. 2201; 42 U.S.C. 2214; 42
U.S.C. 5841
Abstract: This rulemaking would amend the NRC's regulations for fee
schedules. The NRC conducts this rulemaking annually to recover
approximately 100 percent of the NRC's FY 2022 budget authority, less
excluded activities to implement NEIMA. This rulemaking would affect
the fee schedules for licensing, inspection, and annual fees charged to
the NRC's applicants and licensees.
Timetable:
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Action Date FR Cite
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NPRM................................ 02/23/22 87 FR 10081
NPRM Comment Period End............. 03/25/22
Final Rule.......................... 06/22/22 87 FR 37197
Final Rule Effective................ 08/22/22
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Anthony Rossi, Nuclear Regulatory Commission,
Office of the Chief Financial Officer, Washington, DC 20555-0001,
Phone: 301 415-7341, Email: <a href="/cdn-cgi/l/email-protection#d6b7b8a2beb9b8aff8a4b9a5a5bf96b8a4b5f8b1b9a0"><span class="__cf_email__" data-cfemail="761718021e19180f58041905051f3618041558111900">[email protected]</span></a>.
RIN: 3150-AK44
[FR Doc. 2023-02041 Filed 2-21-23; 8:45 am]
BILLING CODE 7590-01-P
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