2021-04347. 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.” This Agenda issuance also contains our annual regulatory plan, which contains information on some of the more important regulatory actions that we are considering issuing in proposed or final form during Fiscal Year 2021. The NRC's complete Agenda, available on the Office of Management and Budget's website at https://www.reginforgov,, is a compilation of all rulemaking activities on which we have recently completed action or have proposed or are considering action. We have completed 7 rulemaking activities since publication of our last Agenda on, August 26, 2020 (85 FR 52858). This issuance of our Agenda contains 32 active and 17 long-term rulemaking activities: 2 are Economically Significant; 15 represent Other Significant agency priorities; 28 are Substantive, Nonsignificant rulemaking activities; and 4 are Administrative rulemaking activities. In addition, 2 rulemaking activities impact small entities; the entries for these activities are printed in this document. 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 April 30, 2021.

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 https://www.regulations.gov and searching for Docket ID NRC-2020-0197. Address questions about NRC dockets to Carol Gallagher; telephone: [phone]; email: [e-mail].

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 Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: [phone]; email: [e-mail]. 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-2020-0197 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:

• Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2020-0197.
• Attention: The Public Document Room (PDR), where you may examine and order copies of public documents is currently closed. You may submit your request to the PDR via email at [e-mail] or call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday through Friday, except Federal holidays.
• Reginfo.gov:

○ For completed rulemaking activities go to https://www.reginfo.gov/​public/​do/​eAgendaHistory?​showStage=​completed,, select “Fall 2020 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.

○ For active rulemaking activities go to https://www.reginfo.gov/​public/​do/​eAgendaMain and select “Nuclear Regulatory Commission” from drop down menu.

○ For long-term rulemaking activities go to https://www.reginfo.gov/​public/​do/​eAgendaMain,, select link for “Current Long Term Actions”, a nd select “Nuclear Regulatory Commission” from drop down menu.

B. Submitting Comments

Please include Docket ID NRC-2020-0197 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.

The NRC assigns 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 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 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 26, 2020 (85 FR 52858). Specifically, the information in this Agenda has been updated through September 4, 2020. The NRC provides additional information on planned rulemaking and petition for rulemaking activities, including priority and schedule, on our website at https://www.nrc.gov/​about-nrc/​regulatory/​rulemaking/​rules-petitions.html#cprlist.

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 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 website at http://www.nrc.gov/​about-nrc/​regulatory/​rulemaking/​flexibility-act/​small-entities.html.

Public Comments Received on NRC Unified Agenda

The comment period on the NRC's last Agenda (published on, August 26, 2020 (85 FR 52858)) will close on September 25, 2020.

Dated at Rockville, Maryland, this 4th day of September 2020.

For the Nuclear Regulatory Commission.

Cindy K. Bladey,

Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Office of Nuclear Material Safety and Safeguards.

Nuclear Regulatory Commission—Proposed Rule Stage

Sequence No.	Title	Regulation Identifier No.
474	Revision of Fee Schedules: Fee Recovery for FY 2021 [NRC-2018-0292] (Reg Plan Seq No. 128)	3150-AK24
References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

Nuclear Regulatory Commission—Long-Term Actions

Sequence No.	Title	Regulation Identifier No.
475	Revision of Fee Schedules: Fee Recovery for FY 2022 [NRC-2020-0031]	3150-AK44

Nuclear Regulatory Commission—Completed Actions

Sequence No.	Title	Regulation Identifier No.
476	Revision of Fee Schedules: Fee Recovery for FY 2020 [NRC-2017-0228]	3150-AK10

NUCLEAR REGULATORY COMMISSION (NRC)

Proposed Rule Stage

474. Revision of Fee Schedules: Fee Recovery for FY 2021 [NRC-2018-0292]

Regulatory Plan: This entry is Seq. No. 128 in part II of this issue of the Federal Register.

RIN: 3150-AK24

NUCLEAR REGULATORY COMMISSION (NRC)

Long-Term Actions

475. Revision of Fee Schedules: Fee Recovery for FY 2022 [NRC-2020-0031]

E.O. 13771 Designation: Independent agency.

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:

Action	Date	FR Cite
NPRM	02/00/22

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Anthony Rossi, Nuclear Regulatory Commission, Office of the Chief Financial Officer, Washington, DC 20555-0001, Phone: [phone], Email: [e-mail].

RIN: 3150-AK44

NUCLEAR REGULATORY COMMISSION (NRC)

Completed Actions

476. Revision of Fee Schedules: Fee Recovery for FY 2020 [NRC-2017-0228]

E.O. 13771 Designation: Independent agency.

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 90 percent of its budget authority in a given fiscal year to implement the Omnibus Budget Reconciliation Act of 1990, as amended. 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
NPRM	02/18/20	85 FR 9328
NPRM Comment Period End	03/19/20
Final Rule	06/19/20	85 FR 37250
Final Rule Effective	08/18/20

Regulatory Flexibility Analysis Required: Yes.

Agency Contact: Anthony Rossi, Nuclear Regulatory Commission, Office of the Chief Financial Officer, Washington, DC 20555-0001, Phone: [phone], Email: [e-mail].

RIN: 3150-AK10