Non-Power Reactor License Renewal, 60039-60040 [2012-24221]

Download as PDF 60039 Rules and Regulations Federal Register Vol. 77, No. 191 Tuesday, October 2, 2012 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. FEDERAL RETIREMENT THRIFT INVESTMENT BOARD § 1631.6 [Amended] 2. In § 1631.6, in paragraph (a)(3), revise ‘‘202–942–1776’’ to read ‘‘202– 942–1676’’. ■ Dated: September 6, 2012 James B. Petrick, General Counsel. [FR Doc. 2012–22512 Filed 10–1–12; 8:45 am] BILLING CODE 6760–01–P NUCLEAR REGULATORY COMMISSION 5 CFR Part 1631 10 CFR Part 50 Availability of Records; Correction [NRC–2011–0087] Federal Retirement Thrift Investment Board. AGENCY: ACTION: RIN 3150–AI96 Direct final rule; correction. Non-Power Reactor License Renewal The Federal Retirement Thrift Investment Board (Agency) published a direct final rule in the February 27, 2012, Federal Register, pursuant to the Privacy Act of 1974, as amended, to permit Freedom of Information Act (FOIA) requests via electronic mail and facsimile. The direct final rule was published with an incorrect facsimile number. This facsimile number publication was a technical error, and is hereby corrected. SUMMARY: DATES: Effective October 2, 2012. FOR FURTHER INFORMATION CONTACT: Erin F. Graham, (202)–942–1605. This document contains corrections to FRTIB regulations stemming from the direct final rule published in the February 27, 2012, Federal Register (77 FR 11384) and provides the correct facsimile number for FOIA requests. SUPPLEMENTARY INFORMATION: List of Subjects in 5 CFR Part 1631 wreier-aviles on DSK5TPTVN1PROD with RULES Courts, Freedom of information, Government employees. Accordingly, 5 CFR part 1631 is amended by making the following correcting amendment: Nuclear Regulatory Commission. ACTION: Final regulatory basis; availability of rulemaking documents. AGENCY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) is publishing the final regulatory basis for rulemaking to streamline non-power reactor license renewal. This final regulatory basis incorporates input from the public, licensees, certificate holders, and other stakeholders provided during the public comment period that ended July 31, 2012. This regulatory basis provides the technical basis to support proceeding with rulemaking to streamline and enhance the Research and Test Reactor (RTR) License Renewal Process. This contemplated rulemaking also recommends conforming changes to address technical issues in existing nonpower reactor regulations. The NRC has developed a final technical basis for this proposed rulemaking that describes the agency’s overall objectives, conceptual approaches, potential solutions, integration with agency strategic goals, and related technical and regulatory clarity issues. SUPPLEMENTARY INFORMATION: SUMMARY: I. Accessing Information PART 1631—AVAILABILITY OF RECORDS 1. The authority citation for part 1631 continues to read as follows: ■ Authority: 5 U.S.C. 552. VerDate Mar<15>2010 14:57 Oct 01, 2012 Jkt 229001 Please refer to Docket ID NRC–2011– 0087 when contacting the NRC about the availability of information regarding this document. You may access information related to this document by any of the following methods: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2011–0087. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publiclyavailable documents online in the NRC Library at https://www.nrc.gov/readingrm/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 pdr.resource@nrc.gov. The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • 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. II. Background The Commission provided direction presented in the Staff Requirements Memorandum, SECY–08–0161 (ADAMS Accession No. ML082550140) that directed the staff to develop and submit a long-term plan for an enhanced RTR license renewal process for Commission review. ‘‘The plan should include, but not be limited to, developing a basis for redefining the scope of the process, as well as a recommendation regarding the need for rulemaking and guidance development. The staff should submit to the Commission a resource request, including staffing and contract funding needs, to formalize the review process changes and establish a stable and predictable regulatory regime for RTRs. This long term plan should consider elements of the generic analysis approach, generic siting analysis, and the extended license term * * *.’’ III. Public Comments on Draft Regulatory Basis The NRC published a draft regulatory basis on June 29, 2012 (77 FR 38742), for comment from the public, licensees, certificate holders, and other stakeholders. The public comment period that ended July 31, 2012. The NRC received two comment letters: one from the University of Florida and one from the National Institute of Standards and Technology, in electronic form via E:\FR\FM\02OCR1.SGM 02OCR1 60040 Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Rules and Regulations the Regulations.gov Web site. Most of the comments focused on the three main elements; ensuring minimum regulation, need for objective evidence, and general support or opposition to options proposed in the regulatory basis. The NRC staff reviewed and considered the comments in updating the draft regulatory basis to a final regulatory basis. A listing of the comments and the NRC’s comment responses are provided in ADAMS under Accession No. ML12240A676. The final regulatory basis provides the technical basis to support proceeding with rulemaking to streamline and enhance the Research and Test Reactor License Renewal Process. The final regulatory basis is provided in ADAMS under Accession No. ML12240A677. FOR FURTHER INFORMATION CONTACT: Duane Hardesty, Project Manager, Research and Test Reactors Licensing Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, telephone: 301–415–3724; email: Duane.Hardesty@nrc.gov. The NRC is issuing this notice for the availability of the final regulatory basis to streamline non-power reactor license renewal. Dated at Rockville, Maryland, this 19th day of September 2012. For the Nuclear Regulatory Commission, Linh N. Tran, Acting Chief, Research and Test Reactors Licensing Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. 2012–24221 Filed 10–1–12; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF LABOR Employment and Training Administration 20 CFR Part 655 RIN 1205–AB61 Wage Methodology for the Temporary Non-Agricultural Employment H–2B Program; Delay of Effective Date Employment and Training Administration, Labor. ACTION: Final rule; delay of effective date. wreier-aviles on DSK5TPTVN1PROD with RULES AGENCY: The Department of Labor (Department) is delaying the effective date of the Wage Methodology for the Temporary Non-agricultural Employment H–2B Program final rule, in response to recently enacted SUMMARY: VerDate Mar<15>2010 14:57 Oct 01, 2012 Jkt 229001 legislation that prohibits any funds from being used to implement the Wage Rule for the first 6 months of fiscal year (FY) 2013. The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H–2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H–2B status. DATES: The effective date for the final rule amending 20 CFR part 655, published at 76 3452, January 19, 2011, effective January 1, 2012, amended to September 30, 2011, at 76 FR 45667, August 1, 2011, delayed until November 30, 2011, at 76 FR 59896 (September 28, 2011), delayed until January 1, 2012, at 76 FR 73508 (November 29, 2011), and delayed until October 1, 2012 at 76 FR 82115 (December 30, 2011), is further delayed until March 27, 2013. FOR FURTHER INFORMATION CONTACT: William L. Carlson, Ph.D., Administrator, Office of Foreign Labor Certification, ETA, U.S. Department of Labor, 200 Constitution Avenue NW., Room C–4312, Washington, DC 20210; Telephone (202) 693–3010 (this is not a toll-free number). Individuals with hearing or speech impairments may access the telephone number above via TTY by calling the toll-free Federal Information Relay Service at 1–877– 889–5627 (TTY/TDD). SUPPLEMENTARY INFORMATION: The Department published the Wage Methodology for the Temporary Nonagricultural Employment H–2B Program final rule (the Wage Rule) on January 19, 2011, 76 FR 3452. The Wage Rule revised the methodology by which the Department calculates the prevailing wages to be paid to H–2B workers and United States (U.S.) workers recruited in connection with a temporary labor certification for use in petitioning the Department of Homeland Security to employ a nonimmigrant worker in H–2B status. The Department originally set the effective date of the Wage Rule for January 1, 2012. However, due to a court ruling that invalidated the January 1, 2012 effective date of the Wage Rule,1 the Department issued a Notice of Proposed Rulemaking (NPRM) on June 28, 2011, which proposed that the Wage Rule take effect 60 days from the date of publication of a final rule resulting from the NPRM. 76 FR 37686 (June 28, 2011). After a period of public comment, a Final Rule was published on August 1, 2011, which set the new 1 CATA v. Solis, Civil Docket No. 09–240, Doc. No. 119, 2011 WL 2414555 (E.D. Pa. June 16, 2011). PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 effective date for the Wage Rule of September 30, 2011 (the Effective Date Rule). Both the Wage Rule and the Effective Date Rule were challenged in two separate lawsuits 2 seeking to bar their implementation. In consideration of the two pending challenges to the Wage Rule and its new effective date, and the possibility that the litigation would be transferred to another court,3 the Department issued a final rule, 76 FR 59896, September 28, 2011, postponing the effective date of the Wage Rule from September 30, 2011, until November 30, 2011, in accordance with the Administrative Procedure Act, 5 U.S.C. 705. Thereafter, the Department postponed the effective date of the Wage Rule again, in light of the enactment on November 18, 2011, of the Consolidated and Further Continuing Appropriations Act, 2012, which provided that ‘‘[n]one of the funds made available by this or any other Act for fiscal year 2012 may be used to implement, administer, or enforce, prior to January 1, 2012 the [Wage Rule].’’ Public Law 112–55, Div. B, Title V, § 546 (Nov. 18, 2011) (the November Appropriations Act). In delaying the Wage Rule’s effective date, the Department stated that although the November Appropriations Act ‘‘prevent[ed] the expenditure of funds to implement, administer, or enforce the Wage Rule before January 1, 2012, it did not prohibit the Wage Rule from going into effect, which was scheduled to occur on November 30, 2011. When the Wage Rule goes into effect, it will supersede and make null the prevailing wage provisions at 20 CFR 655.10(b) of the Department’s existing H–2B regulations, which were promulgated under Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H–2B Workers), and Other Technical Changes; final rule, 73 FR 78020, Dec. 19, 2008 (the H–2B 2 See Louisiana Forestry Association, Inc., et al. (LFA) v. Solis, et al., Civil Docket No. 11–1623 (W.D. La, Alexandria Division); and Bayou Lawn & Landscape Services, et al. (Bayou) v. Solis, et al., Civil Docket No. (N.D. Fla., Pensacola Division). 3 On September 19, 2011, the plaintiffs in the CATA litigation moved to intervene in the LFA litigation, and also moved to transfer venue over the litigation to the Eastern District of Pennsylvania, the court in which the CATA case remains pending. The plaintiffs’ motion to intervene was granted by the U.S. District Court in the Western District of Louisiana on Sept. 22, 2011, but was denied by the U.S. District Court in the Northern District of Florida on Nov. 23, 2011. Additionally, the motion to transfer venue was granted by the U.S. District Court in the Western District of Louisiana on Dec. 12, 2011 but was denied by the U.S. District Court in the Northern District of Florida on Dec. 12, 2011. E:\FR\FM\02OCR1.SGM 02OCR1

Agencies

[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Rules and Regulations]
[Pages 60039-60040]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24221]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[NRC-2011-0087]
RIN 3150-AI96


Non-Power Reactor License Renewal

AGENCY: Nuclear Regulatory Commission.

ACTION: Final regulatory basis; availability of rulemaking documents.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
is publishing the final regulatory basis for rulemaking to streamline 
non-power reactor license renewal. This final regulatory basis 
incorporates input from the public, licensees, certificate holders, and 
other stakeholders provided during the public comment period that ended 
July 31, 2012. This regulatory basis provides the technical basis to 
support proceeding with rulemaking to streamline and enhance the 
Research and Test Reactor (RTR) License Renewal Process. This 
contemplated rulemaking also recommends conforming changes to address 
technical issues in existing non-power reactor regulations. The NRC has 
developed a final technical basis for this proposed rulemaking that 
describes the agency's overall objectives, conceptual approaches, 
potential solutions, integration with agency strategic goals, and 
related technical and regulatory clarity issues.

SUPPLEMENTARY INFORMATION:

I. Accessing Information

    Please refer to Docket ID NRC-2011-0087 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document by any of the following 
methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2011-0087.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly-available documents online in the NRC 
Library at https://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 pdr.resource@nrc.gov. The ADAMS accession number 
for each document referenced in this document (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced.
     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.

II. Background

    The Commission provided direction presented in the Staff 
Requirements Memorandum, SECY-08-0161 (ADAMS Accession No. ML082550140) 
that directed the staff to develop and submit a long-term plan for an 
enhanced RTR license renewal process for Commission review. ``The plan 
should include, but not be limited to, developing a basis for 
redefining the scope of the process, as well as a recommendation 
regarding the need for rulemaking and guidance development. The staff 
should submit to the Commission a resource request, including staffing 
and contract funding needs, to formalize the review process changes and 
establish a stable and predictable regulatory regime for RTRs. This 
long term plan should consider elements of the generic analysis 
approach, generic siting analysis, and the extended license term * * 
*.''

III. Public Comments on Draft Regulatory Basis

    The NRC published a draft regulatory basis on June 29, 2012 (77 FR 
38742), for comment from the public, licensees, certificate holders, 
and other stakeholders. The public comment period that ended July 31, 
2012. The NRC received two comment letters: one from the University of 
Florida and one from the National Institute of Standards and 
Technology, in electronic form via

[[Page 60040]]

the Regulations.gov Web site. Most of the comments focused on the three 
main elements; ensuring minimum regulation, need for objective 
evidence, and general support or opposition to options proposed in the 
regulatory basis. The NRC staff reviewed and considered the comments in 
updating the draft regulatory basis to a final regulatory basis. A 
listing of the comments and the NRC's comment responses are provided in 
ADAMS under Accession No. ML12240A676. The final regulatory basis 
provides the technical basis to support proceeding with rulemaking to 
streamline and enhance the Research and Test Reactor License Renewal 
Process. The final regulatory basis is provided in ADAMS under 
Accession No. ML12240A677.

FOR FURTHER INFORMATION CONTACT: Duane Hardesty, Project Manager, 
Research and Test Reactors Licensing Branch, Division of Policy and 
Rulemaking, Office of Nuclear Reactor Regulation, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
3724; email: Duane.Hardesty@nrc.gov.
    The NRC is issuing this notice for the availability of the final 
regulatory basis to streamline non-power reactor license renewal.

    Dated at Rockville, Maryland, this 19th day of September 2012.

    For the Nuclear Regulatory Commission,
Linh N. Tran,
Acting Chief, Research and Test Reactors Licensing Branch, Division of 
Policy and Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 2012-24221 Filed 10-1-12; 8:45 am]
BILLING CODE 7590-01-P
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