Requirement To Submit Complete and Accurate Information, 47443-47445 [2019-19521]
Download as PDF
<![CDATA[
47443
Proposed Rules
Federal Register
Vol. 84, No. 175
Tuesday, September 10, 2019
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.
DEPARTMENT OF AGRICULTURE
Office of the Secretary
7 CFR Subtitles A and B
9 CFR Chapters I, II, and III
Withdrawal of Certain Proposed Rules
Office of the Secretary, USDA.
ACTION: Notice of withdrawal.
AGENCY:
The United States Department
of Agriculture (USDA) is announcing
that it has withdrawn certain proposed
rules that were either published in the
Federal Register more than 3 years ago
without subsequent action or
determined to no longer be candidates
for final action. USDA is taking this
action to reduce its regulatory backlog
and focus its resources on higher
priority actions. The Department’s
khammond on DSKBBV9HB2PROD with PROPOSALS
SUMMARY:
actions are part of an overall regulatory
reform strategy to reduce regulatory
burden on the public and to ensure that
future Unified Agendas of Regulatory
and Deregulatory Actions provide the
public accurate information about
rulemakings the Department intends to
undertake.
DATES: The pending proposed rules are
withdrawn on September 10, 2019.
FOR FURTHER INFORMATION CONTACT:
Michael Poe, Telephone Number: (202)
720–3323.
SUPPLEMENTARY INFORMATION:
Background
To promote transparency in
regulatory planning, the Administration,
beginning with the Spring 2017 Unified
Agenda, published for the first time an
‘‘inactive’’ list of agency regulatory
actions that were under review but not
included in the Unified Agenda. Such
‘‘inactive’’ actions allow agencies to take
additional time to review a regulatory or
deregulatory action and to preserve the
regulatory identification number (RIN)
and title for possible future use. After
further review, and to clean out a
backlog of older, obsolete RINs, USDA
is taking this action to reduce its
regulatory backlog and focus its
resources on higher priority actions. The
Department’s actions are part of an
overall regulatory reform strategy to
reduce regulatory burden on the public
and to ensure that future Unified
Agendas of Regulatory and Deregulatory
Actions provided the public accurate
information about rulemakings the
Department intends to undertake.
USDA reviewed its pending
regulatory actions based on proposed
rules that published in the Federal
Register more than 3 years ago, and for
which no final rule or notice of
withdrawal has been issued. The agency
identified 5 such regulatory actions for
withdrawal.
Although not required to do so by the
Administrative Procedure Act or by
regulations of the Office of the Federal
Register, the agency believes the public
interest is best served by announcing in
the Federal Register that it has
withdrawn these 5 items. Therefore, for
the reasons set forth above, USDA
announces that it has withdrawn the
pending regulatory actions related to the
following documents, which were
published in the Federal Register on the
dates indicated in the table below.
Agency
RIN
Title
Published
action
FSIS .......................
0583–AC46 ....
NPRM ............
8/03/2006
71 FR 43992
APHIS ....................
FNS ........................
0579–AE02 ....
0584–AD88 ....
NPRM ............
NPRM ............
1/2/2015
8/14/2012
80 FR 6
77 FR 48461
FNS ........................
0584–AE00 ....
NPRM ............
5/10/2016
81 FR 28738
Forest Service ........
0596–AD20 ....
Performance Standards for the Production of Processed Meat and Poultry Products.
Livestock Marketing Facilities ....................................
Supplemental Nutrition Assistance Program: Farm
Bill of 2008 Retailer Sanctions.
Emergency Supplemental Nutrition Assistance for
Victims of Disasters Procedures.
Proposed Directive for Commercial Filming in Wilderness; Special Uses Administration.
NPRM ............
9/4/2014
79 FR 52626
The withdrawal of these proposals
identified in this document does not
preclude the Department from
reinstituting rulemaking concerning the
issues addressed in the proposals listed
in the chart. Should we decide to
undertake such rulemakings in the
future, we will re-propose the actions
and provide new opportunities for
comment. Furthermore, this notice is
only intended to address the specific
actions identified in this document, and
not any other pending proposals that
USDA has issued or is considering. The
Department notes that withdrawal of a
proposal does not necessarily mean that
VerDate Sep<11>2014
16:20 Sep 09, 2019
Jkt 247001
Date
FR Cite
the preamble statement of the proposal
no longer reflects the current position of
USDA on the matter addressed. You
may wish to review the Department’s
website (https://www.USDA.gov) for any
current guidance on these matter
matters.
NUCLEAR REGULATORY
COMMISSION
Dated: August 28, 2019.
Rebeckah Adcock,
Regulatory Reform Officer and Senior Adviser
to the Secretary.
Requirement To Submit Complete and
Accurate Information
10 CFR Parts 30, 40, 50, 52, 60, 61, 63,
70, 71, and 72
[Docket No. PRM–50–107; NRC–2013–0077]
[FR Doc. 2019–19572 Filed 9–9–19; 8:45 am]
Nuclear Regulatory
Commission.
BILLING CODE 3410–90–P
ACTION:
PO 00000
Frm 00001
Fmt 4702
AGENCY:
Discontinuation of rulemaking
activity; denial of petition for
rulemaking.
Sfmt 4702
E:\FR\FM\10SEP1.SGM
10SEP1
47444
Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Proposed Rules
The U.S. Nuclear Regulatory
Commission (NRC) is discontinuing a
rulemaking activity, ‘‘Requirement to
Submit Complete and Accurate
Information,’’ and denying a petition for
rulemaking (PRM), PRM–50–107. This
document informs the public of the
NRC’s action and describes the rationale
for the action. The NRC will no longer
track this rulemaking activity or PRM.
DATES: As of September 10, 2019, the
rulemaking activity is discontinued and
PRM–50–107 is denied.
ADDRESSES: Please refer to Docket ID
NRC–2013–0077 when contacting the
NRC about the availability of
information for this action. You can
obtain publicly-available information
related to this action by using any of the
following methods:
• Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2013–0077. 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.
• The 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
‘‘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 this
document. In addition, for the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in the section of this document
entitled, Availability of Documents.
• The NRC’s PDR: You may examine
and purchase copies of public
documents at the NRC’s PDR, O1–F21,
One White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Yanely Malave, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–1519; email: Yanely.Malave@
nrc.gov.
SUPPLEMENTARY INFORMATION:
khammond on DSKBBV9HB2PROD with PROPOSALS
SUMMARY:
Table of Contents
I. Discussion
II. Availability of Documents
VerDate Sep<11>2014
16:20 Sep 09, 2019
Jkt 247001
III. Conclusion
I. Discussion
The NRC received a PRM dated April
15, 2013 (ADAMS Accession No.
ML13113A443), from Mr. James
Lieberman (the petitioner), a regulatory
and nuclear safety consultant. The
petitioner requested that the NRC revise
its regulations relating to nuclear
reactors at §§ 50.1, 50.9, 52.0, and 52.6
of title 10 of the Code of Federal
Regulations (10 CFR) to expand its
‘‘regulatory framework to make it a legal
obligation for those non-licensees who
seek NRC regulatory approvals be held
to the same legal standards for the
submittal of complete and accurate
information as would a licensee or an
applicant for a license.’’
The PRM was noticed in the Federal
Register for public comment on June 10,
2013 (78 FR 34604). The NRC received
two comments, both supporting the
petition.
On September 16, 2013, the petitioner
amended the PRM (ADAMS Accession
No. ML13261A190) to expand its scope
to include the regulatory framework for
radioactive materials, waste disposal,
transportation, and spent fuel storage
(10 CFR parts 30, 40, 60, 61, 63, 70, 71,
and 72). In the amended petition, the
petitioner also requested that the
‘‘scope’’ section for each of the parts be
revised to add language to highlight that
any person seeking or obtaining NRC
approval for a regulated activity would
be subject to enforcement action for
violation of the completeness and
accuracy provision of that part. The
applicable sections pertaining to this
issue include §§ 30.1, 40.2, 50.1, 52.0,
60.1, 61.1, 63.1, 70.2, 71.0, and 72.2.
The amended PRM was noticed in the
Federal Register for public comment on
January 21, 2014 (79 FR 3328). The NRC
received one additional comment in
support of the amended petition.
The petitioner stated that nonlicensees (e.g., vendors and other
contractors) who seek NRC regulatory
approvals ‘‘should be held to the same
legal standards for the submittal of
complete and accurate information as
would a licensee or an applicant for
license.’’ When the Commission
promulgated the ‘‘Completeness and
Accuracy of Information’’ rule on
December 31, 1987 (52 FR 49362) (the
1987 rule), neither the rule language nor
the Statements of Consideration (SOCs)
discussed non-licensees submitting
information to the NRC for regulatory
approvals. The 1987 rule included
nearly identical ‘‘Completeness and
Accuracy of Information’’ requirements
in 10 CFR parts 30, 40, 50, 60, 61, 70,
71, and 72. When the Commission
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
added 10 CFR parts 52 and 63 to its
regulations, it added ‘‘Completeness and
Accuracy of Information’’ requirements
to these parts (72 FR 49521; August 28,
2007, and 66 FR 55732; November 2,
2001, respectively). The petitioner’s
specific concern is that NRC regulations
do not require all persons who seek
NRC approvals to provide the NRC with
complete and accurate information in
all material respects.
On March 17, 2015 (80 FR 13794), the
NRC informed the public that the issues
raised in the amended PRM have merit
and are appropriate for consideration in
the rulemaking process. In addition, the
PRM docket, PRM–50–107, was closed.
However, the timing for conducting a
rulemaking on any issue is dependent
on the immediacy of the safety,
environmental, or security concerns that
have been raised; the rule’s priority
compared to other rulemakings; and the
availability of funding. Using the NRC’s
Common Prioritization of Rulemaking
methodology (ADAMS Accession No.
ML15086A074), the NRC prioritized this
rulemaking activity as low priority. The
petitioner’s February 3, 2017 letter
(ADAMS Accession No. ML17034A409)
identified that this rulemaking had been
assigned a medium priority; however,
the NRC has confirmed that references
to this rulemaking as medium priority
in certain locations were errors, due to
staff oversight, and that it was
prioritized as low priority using the
critical power ratio methodology.
The NRC has not identified an
immediate safety, environmental, or
security concern, and the petitioner did
not demonstrate how a lack of
requirements in this area would
contribute to such a concern. In contrast
to the repeated past performance
problems in the areas of design, design
control, fabrication and quality control
with holders of, and applicants for, a
Certificate of Compliance under part 72
(i.e., for non-licensed spent fuel storage
cask certificate holders that were
addressed in a final rule, ‘‘Expand
Applicability of Part 72 to Holders of,
and Applicants for, Certificates of
Compliance’’ (64 FR 56114; October 15,
1999), the NRC identified only one other
example where an entity other than an
NRC licensee or applicant submitted
incomplete or inaccurate information
that resulted in a significant safety
issue. That instance involved the
submission of a reactor topical report on
a fire retardant product that was based
on falsified test data. While the case
took several years to conclude, the NRC
was able to exercise its current authority
under the Atomic Energy Act (AEA) to
resolve the safety issue and ultimately
sanction the vendor.
E:\FR\FM\10SEP1.SGM
10SEP1
Federal Register / Vol. 84, No. 175 / Tuesday, September 10, 2019 / Proposed Rules
The AEA stipulates that licensees or
applicants are ultimately responsible for
safety. The AEA includes the authority
to revoke licenses for material false
statements (AEA section 186) and to
require written statements from
applicants for licenses and licensees
(AEA section 182). As described in the
1987 rule, § 50.9 codifies in a more
explicit and accessible way
requirements already existing under the
authority of the AEA (52 FR 49372). The
responsibility for safety remains with
the licensee or applicant for a license
Date
Document
April 15, 2013 .................
Letter from J. Lieberman, ‘‘Completeness and Accuracy
of Information,’’ PRM–50–107 (Original Petition).
Federal Register notification, ‘‘Submitting Complete and
Accurate Information’’.
Letter from J. Lieberman, ‘‘Completeness and Accuracy
of Information,’’ PRM–50–107 (Amended Petition).
Federal Register notification, ‘‘Submitting Complete and
Accurate Information’’.
Federal Register notification, ‘‘Requirement to Submit
Complete and Accurate Information’’.
Common Prioritization of Rulemaking Methodology .........
Letter from J. Lieberman ‘‘PRM 50–217, Rulemaking Petition To Amend the NRC Regulations for Completeness and Accuracy of Information—10 CFR 30.9, 40.9,
50.9, 52.6, 60.10, 61.9a, 63.10, 70.9, 71.7, and 72.11’’.
June 10, 2013 .................
September 16, 2013 .......
January 21, 2014 ............
March 17, 2015 ..............
June 23, 2015 .................
February 3, 2017 ............
79 FR 3328, https://www.gpo.gov/fdsys/pkg/FR-2014-0121/pdf/2014-01035.pdf.
80 FR 13794, https://www.gpo.gov/fdsys/pkg/FR-201503-17/pdf/2015-06107.pdf.
ML15086A074.
ML17034A409.
Federal Aviation Administration
VerDate Sep<11>2014
16:20 Sep 09, 2019
Jkt 247001
14 CFR Part 39
[Docket No. FAA–2019–0596; Product
Identifier 2019–NE–22–AD]
RIN 2120–AA64
Airworthiness Directives; Pratt &
Whitney Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for all
Pratt & Whitney (PW) PW1519G,
PW1521G, PW1521GA, PW1524G,
PW1525G, PW1521G–3, PW1524G–3,
PW1525G–3, PW1919G, PW1921G,
PW1922G, PW1923G, and PW1923G–A
model turbofan engines. This proposed
AD was prompted by reports of in-flight
shutdowns due to oil leaking from the
connection between the LP10 oil supply
tube and the fuel oil cooler (FOC). This
proposed AD would require initial and
repetitive gap inspections of the LP10
oil supply tube and the FOC and, if a
gap is found, replacement of these parts.
This proposed AD further requires
removal of these parts at the next engine
shop visit. The FAA is proposing an AD
SUMMARY:
PO 00000
Frm 00003
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
For information on accessing ADAMS,
see the ADDRESSES section of this
document.
78 FR 34604, https://www.gpo.gov/fdsys/pkg/FR-201306-10/pdf/2013-13684.pdf.
ML13261A190.
The NRC is no longer pursuing the
‘‘Requirement to Submit Complete and
Accurate Information’’ rulemaking and
is denying PRM–50–107 for the reasons
discussed in this document. In the next
edition of the Unified Agenda, the NRC
will update the entry for this
rulemaking activity with reference to
this document to indicate that the
rulemaking is no longer being pursued.
These rulemaking activities will appear
in the completed section of that edition
of the Unified Agenda but will not
appear in future editions. If the NRC
decides to pursue a similar or related
rulemaking activity in the future, it will
inform the public through a new
rulemaking entry in the Unified Agenda.
BILLING CODE 7590–01–P
II. Availability of Documents
ML13113A443.
DEPARTMENT OF TRANSPORTATION
[FR Doc. 2019–19521 Filed 9–9–19; 8:45 am]
considerations, the NRC finds that the
subject rulemaking would likely have
minimal practical benefit to the safety or
security of NRC-regulated activities.
ADAMS Accession No./Federal Register citation/link
III. Conclusion
Dated at Rockville, Maryland, this 4th day
of September 2019.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
khammond on DSKBBV9HB2PROD with PROPOSALS
that relies on material provided by a
non-licensee. Furthermore, the
requirements in 10 CFR part 21,
‘‘Reporting of Defects and
Noncompliance,’’ apply to subjects such
as safety-related analysis associated
with component hardware, which may
be addressed in the type of topical
report referenced by the petitioner. The
NRC, as well as licensees and
applicants, have procedures in place to
ensure that substantial safety hazards
identified under 10 CFR part 21 are
identified and corrected. Based on these
47445
Fmt 4702
Sfmt 4702
to address the unsafe condition on these
products.
The FAA must receive comments
on this proposed AD by October 25,
2019.
DATES:
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Pratt & Whitney,
400 Main Street, East Hartford, CT,
06118; phone: 800–565–0140; fax: 860–
565–5442; email: help24@pw.utc.com;
internet: https://fleetcare.pw.utc.com.
You may view this service information
at the FAA, Engine and Propeller
Standards Branch, 1200 District
Avenue, Burlington, MA, 01803. For
information on the availability of this
material at the FAA, call 781–238–7759.
ADDRESSES:
E:\FR\FM\10SEP1.SGM
10SEP1
]]>Agencies
[Federal Register Volume 84, Number 175 (Tuesday, September 10, 2019)]
[Proposed Rules]
[Pages 47443-47445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19521]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 30, 40, 50, 52, 60, 61, 63, 70, 71, and 72
[Docket No. PRM-50-107; NRC-2013-0077]
Requirement To Submit Complete and Accurate Information
AGENCY: Nuclear Regulatory Commission.
ACTION: Discontinuation of rulemaking activity; denial of petition for
rulemaking.
-----------------------------------------------------------------------
[[Page 47444]]
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing
a rulemaking activity, ``Requirement to Submit Complete and Accurate
Information,'' and denying a petition for rulemaking (PRM), PRM-50-107.
This document informs the public of the NRC's action and describes the
rationale for the action. The NRC will no longer track this rulemaking
activity or PRM.
DATES: As of September 10, 2019, the rulemaking activity is
discontinued and PRM-50-107 is denied.
ADDRESSES: Please refer to Docket ID NRC-2013-0077 when contacting the
NRC about the availability of information for this action. You can
obtain publicly-available information related to this action by using
any of the following methods:
Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0077. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-415-
3463; email: [email protected]. For technical questions, contact
the individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
The 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 ``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. In addition, for the
convenience of the reader, the ADAMS accession numbers are provided in
a table in the section of this document entitled, Availability of
Documents.
The NRC's PDR: You may examine and purchase copies of
public documents at the NRC's PDR, O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT: Yanely Malave, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-1519; email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Discussion
II. Availability of Documents
III. Conclusion
I. Discussion
The NRC received a PRM dated April 15, 2013 (ADAMS Accession No.
ML13113A443), from Mr. James Lieberman (the petitioner), a regulatory
and nuclear safety consultant. The petitioner requested that the NRC
revise its regulations relating to nuclear reactors at Sec. Sec. 50.1,
50.9, 52.0, and 52.6 of title 10 of the Code of Federal Regulations (10
CFR) to expand its ``regulatory framework to make it a legal obligation
for those non-licensees who seek NRC regulatory approvals be held to
the same legal standards for the submittal of complete and accurate
information as would a licensee or an applicant for a license.''
The PRM was noticed in the Federal Register for public comment on
June 10, 2013 (78 FR 34604). The NRC received two comments, both
supporting the petition.
On September 16, 2013, the petitioner amended the PRM (ADAMS
Accession No. ML13261A190) to expand its scope to include the
regulatory framework for radioactive materials, waste disposal,
transportation, and spent fuel storage (10 CFR parts 30, 40, 60, 61,
63, 70, 71, and 72). In the amended petition, the petitioner also
requested that the ``scope'' section for each of the parts be revised
to add language to highlight that any person seeking or obtaining NRC
approval for a regulated activity would be subject to enforcement
action for violation of the completeness and accuracy provision of that
part. The applicable sections pertaining to this issue include
Sec. Sec. 30.1, 40.2, 50.1, 52.0, 60.1, 61.1, 63.1, 70.2, 71.0, and
72.2. The amended PRM was noticed in the Federal Register for public
comment on January 21, 2014 (79 FR 3328). The NRC received one
additional comment in support of the amended petition.
The petitioner stated that non-licensees (e.g., vendors and other
contractors) who seek NRC regulatory approvals ``should be held to the
same legal standards for the submittal of complete and accurate
information as would a licensee or an applicant for license.'' When the
Commission promulgated the ``Completeness and Accuracy of Information''
rule on December 31, 1987 (52 FR 49362) (the 1987 rule), neither the
rule language nor the Statements of Consideration (SOCs) discussed non-
licensees submitting information to the NRC for regulatory approvals.
The 1987 rule included nearly identical ``Completeness and Accuracy of
Information'' requirements in 10 CFR parts 30, 40, 50, 60, 61, 70, 71,
and 72. When the Commission added 10 CFR parts 52 and 63 to its
regulations, it added ``Completeness and Accuracy of Information''
requirements to these parts (72 FR 49521; August 28, 2007, and 66 FR
55732; November 2, 2001, respectively). The petitioner's specific
concern is that NRC regulations do not require all persons who seek NRC
approvals to provide the NRC with complete and accurate information in
all material respects.
On March 17, 2015 (80 FR 13794), the NRC informed the public that
the issues raised in the amended PRM have merit and are appropriate for
consideration in the rulemaking process. In addition, the PRM docket,
PRM-50-107, was closed. However, the timing for conducting a rulemaking
on any issue is dependent on the immediacy of the safety,
environmental, or security concerns that have been raised; the rule's
priority compared to other rulemakings; and the availability of
funding. Using the NRC's Common Prioritization of Rulemaking
methodology (ADAMS Accession No. ML15086A074), the NRC prioritized this
rulemaking activity as low priority. The petitioner's February 3, 2017
letter (ADAMS Accession No. ML17034A409) identified that this
rulemaking had been assigned a medium priority; however, the NRC has
confirmed that references to this rulemaking as medium priority in
certain locations were errors, due to staff oversight, and that it was
prioritized as low priority using the critical power ratio methodology.
The NRC has not identified an immediate safety, environmental, or
security concern, and the petitioner did not demonstrate how a lack of
requirements in this area would contribute to such a concern. In
contrast to the repeated past performance problems in the areas of
design, design control, fabrication and quality control with holders
of, and applicants for, a Certificate of Compliance under part 72
(i.e., for non-licensed spent fuel storage cask certificate holders
that were addressed in a final rule, ``Expand Applicability of Part 72
to Holders of, and Applicants for, Certificates of Compliance'' (64 FR
56114; October 15, 1999), the NRC identified only one other example
where an entity other than an NRC licensee or applicant submitted
incomplete or inaccurate information that resulted in a significant
safety issue. That instance involved the submission of a reactor
topical report on a fire retardant product that was based on falsified
test data. While the case took several years to conclude, the NRC was
able to exercise its current authority under the Atomic Energy Act
(AEA) to resolve the safety issue and ultimately sanction the vendor.
[[Page 47445]]
The AEA stipulates that licensees or applicants are ultimately
responsible for safety. The AEA includes the authority to revoke
licenses for material false statements (AEA section 186) and to require
written statements from applicants for licenses and licensees (AEA
section 182). As described in the 1987 rule, Sec. 50.9 codifies in a
more explicit and accessible way requirements already existing under
the authority of the AEA (52 FR 49372). The responsibility for safety
remains with the licensee or applicant for a license that relies on
material provided by a non-licensee. Furthermore, the requirements in
10 CFR part 21, ``Reporting of Defects and Noncompliance,'' apply to
subjects such as safety-related analysis associated with component
hardware, which may be addressed in the type of topical report
referenced by the petitioner. The NRC, as well as licensees and
applicants, have procedures in place to ensure that substantial safety
hazards identified under 10 CFR part 21 are identified and corrected.
Based on these considerations, the NRC finds that the subject
rulemaking would likely have minimal practical benefit to the safety or
security of NRC-regulated activities.
II. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated. For information on accessing ADAMS, see the ADDRESSES
section of this document.
------------------------------------------------------------------------
ADAMS Accession
No./Federal
Date Document Register citation/
link
------------------------------------------------------------------------
April 15, 2013................... Letter from J. ML13113A443.
Lieberman,
``Completeness
and Accuracy of
Information,''
PRM-50-107
(Original
Petition).
June 10, 2013.................... Federal Register 78 FR 34604,
notification, https://
``Submitting www.gpo.gov/
Complete and fdsys/pkg/FR-
Accurate 2013-06-10/pdf/
Information''. 2013-13684.pdf.
September 16, 2013............... Letter from J. ML13261A190.
Lieberman,
``Completeness
and Accuracy of
Information,''
PRM-50-107
(Amended
Petition).
January 21, 2014................. Federal Register 79 FR 3328,
notification, https://
``Submitting www.gpo.gov/
Complete and fdsys/pkg/FR-
Accurate 2014-01-21/pdf/
Information''. 2014-01035.pdf.
March 17, 2015................... Federal Register 80 FR 13794,
notification, https://
``Requirement to www.gpo.gov/
Submit Complete fdsys/pkg/FR-
and Accurate 2015-03-17/pdf/
Information''. 2015-06107.pdf.
June 23, 2015.................... Common ML15086A074.
Prioritization of
Rulemaking
Methodology.
February 3, 2017................. Letter from J. ML17034A409.
Lieberman ``PRM
50-217,
Rulemaking
Petition To Amend
the NRC
Regulations for
Completeness and
Accuracy of
Information--10
CFR 30.9, 40.9,
50.9, 52.6,
60.10, 61.9a,
63.10, 70.9,
71.7, and 72.11''.
------------------------------------------------------------------------
III. Conclusion
The NRC is no longer pursuing the ``Requirement to Submit Complete
and Accurate Information'' rulemaking and is denying PRM-50-107 for the
reasons discussed in this document. In the next edition of the Unified
Agenda, the NRC will update the entry for this rulemaking activity with
reference to this document to indicate that the rulemaking is no longer
being pursued. These rulemaking activities will appear in the completed
section of that edition of the Unified Agenda but will not appear in
future editions. If the NRC decides to pursue a similar or related
rulemaking activity in the future, it will inform the public through a
new rulemaking entry in the Unified Agenda.
Dated at Rockville, Maryland, this 4th day of September 2019.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2019-19521 Filed 9-9-19; 8:45 am]
BILLING CODE 7590-01-P
