Increase in the Maximum Amount of Primary Nuclear Liability Insurance, 96347-96349 [2016-31368]
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Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Rules and Regulations
provided timely written notice to the
requester in accordance with the
Freedom of Information Act and the
NRC has discussed with the requester
via written mail, email, or telephone (or
made not less than three good-faith
attempts to do so) how the requester
could effectively limit the scope of the
request in accordance with 5 U.S.C.
552(a)(6)(B)(ii).
(4) If a court has determined that
exceptional circumstances exist, as
defined by 5 U.S.C. 552(a)(6)(C), a
failure to comply with the time limit
shall be excused for the length of time
provided by the court order.
§ 9.43
[Amended]
12. In § 9.43(d), remove the number
‘‘30’’ and add in its place the number
‘‘90’’.
■ 13. Revise § 9.45 to read as follows:
■
§ 9.45 Annual report to the Attorney
General of the United States and Director of
the Office of Government Information
Services.
(a) On or before February 1 of each
year, the NRC will submit a report
covering the preceding fiscal year to the
Attorney General of the United States
and to the Director of the Office of
Government Information Services which
shall include the information required
by 5 U.S.C. 552(e)(1).
(b) The NRC will make its annual
FOIA reports available to the public at
the NRC Web site, https://www.nrc.gov.
Dated at Rockville, Maryland, this 15th day
of December, 2016.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2016–31595 Filed 12–29–16; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 140
[NRC–2016–0164]
RIN 3150–AJ81
Increase in the Maximum Amount of
Primary Nuclear Liability Insurance
Nuclear Regulatory
Commission.
ACTION: Final rule.
srobinson on DSK5SPTVN1PROD with RULES
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is amending its
regulations to increase the required
amount 1 of primary nuclear liability
SUMMARY:
1 The title listed in the information submitted by
the NRC for the Unified Agenda was ‘‘Increase in
the Maximum Limit of Primary Nuclear Liability
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insurance from $375 million to $450
million for each nuclear reactor that is
licensed to operate, is designed for the
production of electrical energy, and has
a rated capacity of 100,000 electrical
kilowatts or more. This change
conforms to the provision in the PriceAnderson Amendments Act of 1988
(Pub. L. 100–408) (Price-Anderson Act)
that the amount of primary financial
protection required of licensees by the
NRC shall be the maximum amount
available at reasonable cost and on
reasonable terms from private sources.
DATES: Effective Date: This final rule is
effective on January 1, 2017.
ADDRESSES: Please refer to Docket ID
NRC–2016–0164 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 Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0164. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection 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 (if it is available in
ADAMS) is provided the first time that
it is mentioned in the SUPPLEMENTARY
INFORMATION section.
• 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.
FOR FURTHER INFORMATION CONTACT:
Natreon Jordan, Office of Nuclear
Reactor Regulation, telephone: 301–
415–7410, email: Natreon.Jordan@
nrc.gov; U.S. Nuclear Regulatory
Insurance.’’ The title was changed here to reflect
that the regulation makes reference to ‘‘Maximum
Amount.’’ The use of the term ‘‘Maximum Limit’’
is an incorrect description of the statutory
requirement and the regulation revision.
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96347
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Discussion
II. Rulemaking Procedure
III. Section-By-Section Analysis
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfit and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act
X. Congressional Review Act
I. Discussion
The NRC’s regulations in part 140 of
title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Financial
Protection Requirements and Indemnity
Agreements,’’ provide requirements and
procedures for implementing the
financial protection requirements for
certain licensees and other persons
under the Price-Anderson Act,
incorporated as Section 170 of the
Atomic Energy Act of 1954, as amended
(AEA). The Price-Anderson Act states
that, for each nuclear reactor that is
licensed to operate, is designed for the
production of electrical energy, and has
a rated capacity of 100,000 electrical
kilowatts or more (henceforth referred to
as large operating reactors), ‘‘the amount
of primary financial protection required
shall be the maximum amount available
at reasonable cost and on reasonable
terms from private sources.’’ (Section
170(b) of the AEA) This requirement of
the Price-Anderson Act is implemented
in the NRC’s regulations at
§ 140.11(a)(4), ‘‘Amounts of financial
protection for certain reactors.’’ The
current maximum amount of primary
financial protection available from
private sources is $375 million.
Therefore, § 140.11(a)(4) currently
requires large commercial operating
reactors to have and maintain primary
nuclear liability insurance in the
amount of $375 million.
On June 15, 2016, American Nuclear
Insurers (ANI), the underwriter of
American nuclear liability policies,
acting on behalf of its member
companies, notified the NRC that it will
be increasing ‘‘its maximum available
primary nuclear liability limit from
$375 million to $450 million, effective
on January 1, 2017’’ (ADAMS Accession
No. ML16239A254). The ANI makes
such adjustments on a non-periodic
basis. The last such adjustment was
made in 2010, and the NRC revised
§ 140.11 to reflect the increased
maximum available amount of primary
nuclear liability insurance (75 FR
16645; April 2, 2010).
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Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Rules and Regulations
To implement this adjustment, in
accordance with the Price-Anderson
Act, the NRC is revising 10 CFR part 140
to require large operating reactors to
have and maintain $450 million in
primary financial protection.
The NRC is not currently revising the
appendices in § 140.91, § 140.92, or
§ 140.93 that provide general forms of
liability policies and indemnity
agreements that were determined to be
acceptable to the Commission. These
appendices include historical insurance
providers and protection amounts for
primary liability insurance that are no
longer in use (for example, values of
$124 million and $36 million from the
1979 final rule (44 FR 20632; April 6,
1979) and values of $200 million, $155
million, and $45 million from the 1989
final rule (54 FR 24157; June 6, 1989)).
However, these appendices continue to
provide relevant general forms of
policies and agreements.
substantial number of small entities.
This final rule affects only the licensing
and operation of nuclear power plants.
The companies that own these plants do
not fall within the scope of the
definition of ‘‘small entities’’ set forth in
the Regulatory Flexibility Act or the size
standards established by the NRC (10
CFR 2.810).
II. Rulemaking Procedure
This final rule is being issued without
prior public notice or opportunity for
public comments. The Administrative
Procedure Act (5 U.S.C. 553(b)(B)) does
not require an agency to use the public
notice and comment process ‘‘when the
agency for good cause finds (and
incorporates the finding and a brief
statement of reasons therefore in the
rules issued) that notice and public
procedure thereon are impracticable,
unnecessary, or contrary to the public
interest.’’ In this instance, the NRC
finds, for good cause, that solicitation of
public comment on this final rule is
unnecessary because the PriceAnderson Act requires a nondiscretionary adjustment in the
maximum amount required for primary
nuclear liability insurance. Requesting
public comment on this nondiscretionary adjustment, which is
required by statute, would not result in
a change to the adjusted amount.
VII. Plain Writing
srobinson on DSK5SPTVN1PROD with RULES
III. Section-By-Section Analysis
The following paragraphs describe the
specific changes that are reflected in
this final rule.
V. Regulatory Analysis
A regulatory analysis was not
prepared for this final rule because the
change in the maximum amount of
nuclear liability insurance is mandated
by the Price-Anderson Act.
VI. Backfit and Issue Finality
The NRC has determined that the
backfit rule does not apply to this final
rule. A backfit analysis is not required
for this final rule because this
amendment is mandated by the PriceAnderson Act.
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
VIII. National Environmental Policy
Act
The NRC has determined that this
final rule is the type of action described
in categorical exclusion 10 CFR
51.22(c)(1). Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for this final rule.
IX. Paperwork Reduction Act
This final rule does not contain any
new or amended collections of
information subject to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). Existing collections of
information were approved by the
Office of Management and Budget
(OMB), approval number 3150–0039.
Section 140.11 Amounts of Financial
Protection for Certain Reactors
In paragraph (a)(4), this final rule
removes ‘‘$375,000,000’’ and replaces it
with the increased maximum amount of
primary nuclear liability insurance of
‘‘$450,000,000.’’
Public Protection Notification
IV. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act
(5 U.S.C. 605(b)), the NRC certifies that
this final rule does not have a
significant economic impact on a
X. Congressional Review Act
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18:11 Dec 29, 2016
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The NRC may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
document requesting or requiring the
collection displays a currently valid
OMB control number.
This final rule is a rule as defined in
the Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
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it to be a major rule as defined in the
Congressional Review Act.
List of Subjects in 10 CFR Part 140
Criminal penalties, Extraordinary
nuclear occurrence, Insurance,
Intergovernmental relations, Nuclear
materials, Nuclear power plants and
reactors, Penalties, Reporting and
recordkeeping requirements.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 552 and 553,
the NRC is adopting the following
amendments to 10 CFR part 140.
PART 140—FINANCIAL PROTECTION
REQUIREMENTS AND INDEMNITY
AGREEMENTS
1. The authority citation for part 140
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 161, 170, 223, 234 (42 U.S.C. 2201,
2210, 2273, 2282); Energy Reorganization Act
of 1974, secs. 201, 202 (42 U.S.C. 5841,
5842); 44 U.S.C. 3504 note.
2. In § 140.11, paragraph (a)(4) is
revised to read as follows:
■
§ 140.11 Amounts of financial protection
for certain reactors.
(a) * * *
(4) In an amount equal to the sum of
$450,000,000 and the amount available
as secondary financial protection (in the
form of private liability insurance
available under an industry
retrospective rating plan providing for
deferred premium charges equal to the
pro rata share of the aggregate public
liability claims and costs, excluding
costs payment of which is not
authorized by section 170o.(1)(D) of the
Act, in excess of that covered by
primary financial protection) for each
nuclear reactor which is licensed to
operate and which is designed for the
production of electrical energy and has
a rated capacity of 100,000 electrical
kilowatts or more: Provided, however,
that under such a plan for deferred
premium charges for each nuclear
reactor that is licensed to operate, no
more than $121,255,000 with respect to
any nuclear incident (plus any
surcharge assessed under subsection
170o.(1)(E) of the Act) and no more than
$18,963,000 per incident within one
calendar year shall be charged. Except
that, where a person is authorized to
operate a combination of 2 or more
nuclear reactors located at a single site,
each of which has a rated capacity of
100,000 or more electrical kilowatts but
not more than 300,000 electrical
kilowatts with a combined rated
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Federal Register / Vol. 81, No. 251 / Friday, December 30, 2016 / Rules and Regulations
capacity of not more than 1,300,000
electrical kilowatts, each such
combination of reactors shall be
considered to be a single nuclear reactor
for the sole purpose of assessing the
applicable financial protection required
under this section.
*
*
*
*
*
Dated at Rockville, Maryland, this 15th day
of December 2016.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2016–31368 Filed 12–29–16; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Parts 207, 218, 429, 431, 490,
501, 601, 820, 824, 851, 1013, 1017, and
1050
RIN 1990–AA46
Inflation Adjustment of Civil Monetary
Penalties
Office of the General Counsel,
U.S. Department of Energy.
ACTION: Final rule.
AGENCY:
The Department of Energy
(‘‘DOE’’) publishes this final rule to
adjust DOE’s civil monetary penalties
(‘‘CMPs’’) for inflation as mandated by
the Federal Civil Penalties Inflation
Adjustment Act of 1990, as further
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (collectively referred to
herein as ‘‘the Act’’). This rule adjusts
SUMMARY:
CMPs within the jurisdiction of DOE to
the maximum amount required by the
Act.
DATES: This rule is effective December
30, 2016.
FOR FURTHER INFORMATION CONTACT:
Preeti Chaudhari, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW., Washington, DC 20585, (202) 586–
8078.
SUPPLEMENTARY INFORMATION:
I. Background
II. Method of Calculation
III. Summary of Final Rule
IV. Final Rulemaking
V. Regulatory Review
10
10
10
10
10
10
CFR
CFR
CFR
CFR
CFR
CFR
207.7 ..........................................................................................
218.42 ........................................................................................
429.120 ......................................................................................
431.382 ......................................................................................
490.604 ......................................................................................
501.181 ......................................................................................
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CFR 820.81 ........................................................................................
CFR 824.1 and App A .......................................................................
CFR 824.4 and App A .......................................................................
CFR 851.5 and App B .......................................................................
CFR 1013.3 ........................................................................................
CFR 1017.29 ......................................................................................
CFR 1050.303 ....................................................................................
U.S.C. 2731 2 .....................................................................................
1 The guidance memorandum was issued on
December 16, 2016, provides the 2017 adjustment
multiplier, and addresses how to apply it.
VerDate Sep<11>2014
18:39 Dec 29, 2016
Jkt 241001
The method of calculating CMP
adjustments applied in this final rule is
required by the 2015 Act. Under the
2015 Act, annual inflation adjustments
subsequent to the initial catch-up
adjustment are to be based on the
percent change between the October
Consumer Price Index for all Urban
Consumers (CPI–U) preceding the date
of the adjustment, and the prior year’s
October CPI–U. Pursuant to the
aforementioned OMB guidance
memorandum, the adjustment
multiplier for 2017 is 1.01636. In order
to complete the 2017 annual
adjustment, each CMP is multiplied by
the 2017 adjustment multiplier. Under
the 2015 Act, any increase in CMP must
be rounded to the nearest multiple of
$1.
III. Summary of the Final Rule
The following list summarizes DOE
authorities containing CMPs, and the
penalties before and after adjustment.
Before adjustment
10 CFR 601.400 and App A ...................................................................
10
10
10
10
10
10
10
50
adopted as final without amendment.
The 2015 Act also provides that any
increase in a CMP shall apply only to
CMPs, including those whose associated
violation predated such increase, which
are assessed after the date the increase
takes effect.
In accordance with the 2015 Act,
OMB issued a guidance memorandum
on the implementation of the 2017
annual adjustment pursuant to the 2015
Act.1 This final rule is issued in
accordance with applicable law and the
OMB guidance memorandum.
II. Method of Calculation
I. Background
In order to improve the effectiveness
of CMPs and to maintain their deterrent
effect, the Federal Civil Penalties
Inflation Adjustment Act of 1990, 28
U.S.C. 2461 note (‘‘the Inflation
Adjustment Act’’), as further amended
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Pub. L. 114–74) (‘‘the 2015 Act’’),
requires Federal agencies to adjust each
CMP provided by law within the
jurisdiction of the agency. The 2015 Act
requires agencies to adjust the level of
CMPs with an initial ‘‘catch-up’’
adjustment through an interim final
rulemaking and to make subsequent
annual adjustments for inflation,
notwithstanding 5 U.S.C. 553. DOE’s
initial catch-up adjustment interim final
rule was published June 28, 2016 (81 FR
41790). DOE received no public
comments in response to the interim
final rule. The interim final rule is today
DOE Authority containing civil monetary penalty
After adjustment
$10,000 ..........................................
21,661 ............................................
433 .................................................
433 .................................................
8,386 ..............................................
—88,613 ........................................
—8/mcf ..........................................
—35/bbl .........................................
—minimum 18,936 ........................
—maximum 189,361 .....................
197,869 ..........................................
141,402 ..........................................
141,402 ..........................................
91,830 ............................................
10,781 ............................................
254,645 ..........................................
19,305 ............................................
8,655 ..............................................
$10,164.
22,015.
440.
440.
8,523.
—90,063.
—8/mcf.
—36/bbl.
—minimum 19,246
—maximum 192,459.
201,106.
143,715.
143,715.
93,332.
10,957.
258,811.
19,621.
8,797.
2 Implemented by 10 CFR 820.81, 10 CFR 851.5,
and appendix B to 10 CFR part 851.
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]]>Agencies
[Federal Register Volume 81, Number 251 (Friday, December 30, 2016)]
[Rules and Regulations]
[Pages 96347-96349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31368]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 140
[NRC-2016-0164]
RIN 3150-AJ81
Increase in the Maximum Amount of Primary Nuclear Liability
Insurance
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to increase the required amount \1\ of primary nuclear
liability insurance from $375 million to $450 million for each nuclear
reactor that is licensed to operate, is designed for the production of
electrical energy, and has a rated capacity of 100,000 electrical
kilowatts or more. This change conforms to the provision in the Price-
Anderson Amendments Act of 1988 (Pub. L. 100-408) (Price-Anderson Act)
that the amount of primary financial protection required of licensees
by the NRC shall be the maximum amount available at reasonable cost and
on reasonable terms from private sources.
---------------------------------------------------------------------------
\1\ The title listed in the information submitted by the NRC for
the Unified Agenda was ``Increase in the Maximum Limit of Primary
Nuclear Liability Insurance.'' The title was changed here to reflect
that the regulation makes reference to ``Maximum Amount.'' The use
of the term ``Maximum Limit'' is an incorrect description of the
statutory requirement and the regulation revision.
---------------------------------------------------------------------------
DATES: Effective Date: This final rule is effective on January 1, 2017.
ADDRESSES: Please refer to Docket ID NRC-2016-0164 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 Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0164. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection 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 (if it is available
in ADAMS) is provided the first time that it is mentioned in the
SUPPLEMENTARY INFORMATION section.
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.
FOR FURTHER INFORMATION CONTACT: Natreon Jordan, Office of Nuclear
Reactor Regulation, telephone: 301-415-7410, email:
Natreon.Jordan@nrc.gov; U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Discussion
II. Rulemaking Procedure
III. Section-By-Section Analysis
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfit and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act
X. Congressional Review Act
I. Discussion
The NRC's regulations in part 140 of title 10 of the Code of
Federal Regulations (10 CFR), ``Financial Protection Requirements and
Indemnity Agreements,'' provide requirements and procedures for
implementing the financial protection requirements for certain
licensees and other persons under the Price-Anderson Act, incorporated
as Section 170 of the Atomic Energy Act of 1954, as amended (AEA). The
Price-Anderson Act states that, for each nuclear reactor that is
licensed to operate, is designed for the production of electrical
energy, and has a rated capacity of 100,000 electrical kilowatts or
more (henceforth referred to as large operating reactors), ``the amount
of primary financial protection required shall be the maximum amount
available at reasonable cost and on reasonable terms from private
sources.'' (Section 170(b) of the AEA) This requirement of the Price-
Anderson Act is implemented in the NRC's regulations at Sec.
140.11(a)(4), ``Amounts of financial protection for certain reactors.''
The current maximum amount of primary financial protection available
from private sources is $375 million. Therefore, Sec. 140.11(a)(4)
currently requires large commercial operating reactors to have and
maintain primary nuclear liability insurance in the amount of $375
million.
On June 15, 2016, American Nuclear Insurers (ANI), the underwriter
of American nuclear liability policies, acting on behalf of its member
companies, notified the NRC that it will be increasing ``its maximum
available primary nuclear liability limit from $375 million to $450
million, effective on January 1, 2017'' (ADAMS Accession No.
ML16239A254). The ANI makes such adjustments on a non-periodic basis.
The last such adjustment was made in 2010, and the NRC revised Sec.
140.11 to reflect the increased maximum available amount of primary
nuclear liability insurance (75 FR 16645; April 2, 2010).
[[Page 96348]]
To implement this adjustment, in accordance with the Price-Anderson
Act, the NRC is revising 10 CFR part 140 to require large operating
reactors to have and maintain $450 million in primary financial
protection.
The NRC is not currently revising the appendices in Sec. 140.91,
Sec. 140.92, or Sec. 140.93 that provide general forms of liability
policies and indemnity agreements that were determined to be acceptable
to the Commission. These appendices include historical insurance
providers and protection amounts for primary liability insurance that
are no longer in use (for example, values of $124 million and $36
million from the 1979 final rule (44 FR 20632; April 6, 1979) and
values of $200 million, $155 million, and $45 million from the 1989
final rule (54 FR 24157; June 6, 1989)). However, these appendices
continue to provide relevant general forms of policies and agreements.
II. Rulemaking Procedure
This final rule is being issued without prior public notice or
opportunity for public comments. The Administrative Procedure Act (5
U.S.C. 553(b)(B)) does not require an agency to use the public notice
and comment process ``when the agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefore in
the rules issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.'' In
this instance, the NRC finds, for good cause, that solicitation of
public comment on this final rule is unnecessary because the Price-
Anderson Act requires a non-discretionary adjustment in the maximum
amount required for primary nuclear liability insurance. Requesting
public comment on this non-discretionary adjustment, which is required
by statute, would not result in a change to the adjusted amount.
III. Section-By-Section Analysis
The following paragraphs describe the specific changes that are
reflected in this final rule.
Section 140.11 Amounts of Financial Protection for Certain Reactors
In paragraph (a)(4), this final rule removes ``$375,000,000'' and
replaces it with the increased maximum amount of primary nuclear
liability insurance of ``$450,000,000.''
IV. Regulatory Flexibility Certification
Under the Regulatory Flexibility Act (5 U.S.C. 605(b)), the NRC
certifies that this final rule does not have a significant economic
impact on a substantial number of small entities. This final rule
affects only the licensing and operation of nuclear power plants. The
companies that own these plants do not fall within the scope of the
definition of ``small entities'' set forth in the Regulatory
Flexibility Act or the size standards established by the NRC (10 CFR
2.810).
V. Regulatory Analysis
A regulatory analysis was not prepared for this final rule because
the change in the maximum amount of nuclear liability insurance is
mandated by the Price-Anderson Act.
VI. Backfit and Issue Finality
The NRC has determined that the backfit rule does not apply to this
final rule. A backfit analysis is not required for this final rule
because this amendment is mandated by the Price-Anderson Act.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31883).
VIII. National Environmental Policy Act
The NRC has determined that this final rule is the type of action
described in categorical exclusion 10 CFR 51.22(c)(1). Therefore,
neither an environmental impact statement nor an environmental
assessment has been prepared for this final rule.
IX. Paperwork Reduction Act
This final rule does not contain any new or amended collections of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). Existing collections of information were approved by the
Office of Management and Budget (OMB), approval number 3150-0039.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
X. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808). However, the Office of Management and Budget
has not found it to be a major rule as defined in the Congressional
Review Act.
List of Subjects in 10 CFR Part 140
Criminal penalties, Extraordinary nuclear occurrence, Insurance,
Intergovernmental relations, Nuclear materials, Nuclear power plants
and reactors, Penalties, Reporting and recordkeeping requirements.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR part 140.
PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY
AGREEMENTS
0
1. The authority citation for part 140 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234
(42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of
1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
0
2. In Sec. 140.11, paragraph (a)(4) is revised to read as follows:
Sec. 140.11 Amounts of financial protection for certain reactors.
(a) * * *
(4) In an amount equal to the sum of $450,000,000 and the amount
available as secondary financial protection (in the form of private
liability insurance available under an industry retrospective rating
plan providing for deferred premium charges equal to the pro rata share
of the aggregate public liability claims and costs, excluding costs
payment of which is not authorized by section 170o.(1)(D) of the Act,
in excess of that covered by primary financial protection) for each
nuclear reactor which is licensed to operate and which is designed for
the production of electrical energy and has a rated capacity of 100,000
electrical kilowatts or more: Provided, however, that under such a plan
for deferred premium charges for each nuclear reactor that is licensed
to operate, no more than $121,255,000 with respect to any nuclear
incident (plus any surcharge assessed under subsection 170o.(1)(E) of
the Act) and no more than $18,963,000 per incident within one calendar
year shall be charged. Except that, where a person is authorized to
operate a combination of 2 or more nuclear reactors located at a single
site, each of which has a rated capacity of 100,000 or more electrical
kilowatts but not more than 300,000 electrical kilowatts with a
combined rated
[[Page 96349]]
capacity of not more than 1,300,000 electrical kilowatts, each such
combination of reactors shall be considered to be a single nuclear
reactor for the sole purpose of assessing the applicable financial
protection required under this section.
* * * * *
Dated at Rockville, Maryland, this 15th day of December 2016.
For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2016-31368 Filed 12-29-16; 8:45 am]
BILLING CODE 7590-01-P
