Retrospective Review of Administrative Requirements, 6103-6106 [2020-02025]
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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules
The comment period for the
NOPR published on December 6, 2019
(84 FR 67106) is extended. DOE will
accept comments, data, and information
regarding this request for information
received no later than February 18,
2020.
DATES:
Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2019–BT–TP–2012, by
any of the following methods:
(1) Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
(2) Email: EPS2019TP0012@
ee.doe.gov. Include the docket number
EERE–2019–BT–TP–2012 or regulatory
information number (RIN) 1904–AD86
in the subject line of the message.
(3) Postal Mail: Appliance and
Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1445. If possible,
please submit all items on a compact
disc (‘‘CD’’), in which case it is not
necessary to include printed copies.
(4) Hand Delivery/Courier: Appliance
and Equipment Standards Program, U.S.
Department of Energy, Building
Technologies Office, 950 L’Enfant Plaza
SW, Suite 600, Washington, DC 20024.
Telephone: (202) 287–1445. If possible,
please submit all items on a CD, in
which case it is not necessary to include
printed copies.
No telefacsimilies (faxes) will be
accepted. For detailed instructions on
submitting written comments and
additional information on the
rulemaking process, see section V of the
proposal published on December 6,
2019.
Docket: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials, is available for
review at https://www.regulations.gov.
All documents in the docket are listed
in the https://www.regulations.gov index.
However, some documents listed in the
index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available. The docket web page can be
found at https://www.regulations.gov/
docket?D=EERE-2019-BT-TP-0012. The
docket web page will contain simple
instructions on how to access all
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ADDRESSES:
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documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeremy Dommu, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
9870. Email
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–8145. Email:
Michael.Kido@hq.doe.gov.
For further information on how to
submit a comment or review other
public comments and the docket contact
the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION: On
December 6, 2019, DOE published a
notice of proposed rulemaking
(‘‘NOPR’’) to revise its test procedure for
testing the energy efficiency of a
regulated external power supply
(‘‘EPS’’). 84 FR 67106. The NOPR raised
a variety of definitional issues,
including the possibility of adding a
definition for ‘‘commercial and
industrial power supply’’ to DOE’s
regulations to differentiate between
EPSs and other non-consumer power
supplies that are not subject to the test
procedure. The proposal also sought
feedback on how to address an adaptive
EPS that conforms to the Universal
Serial Bus Power Delivery (‘‘USB–PD
EPS’’) specifications in a manner more
representative of its actual use. Further,
the NOPR sought feedback regarding
proposed instructions for testing singlevoltage EPSs that have multiple output
busses. Lastly, DOE proposed to
reorganize the test procedure to
centralize definitions, consolidate
generally applicable requirements, and
better delineate requirements for singlevoltage, multiple-voltage, and adaptive
EPSs.
The USB Implementers Forum, Inc.
(‘‘USB–IF’’), an organization supporting
the advancement and adoption of USB
technology, requested a two-week
extension of the public comment period
for the NOPR (USB–IF, No. 6, at p. 1)
on January 21, 2020.
DOE believes that extending the
comment period to allow additional
time for interested parties to submit
comments is appropriate. Therefore,
DOE is extending the comment period
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until February 18, 2020, to provide
interested parties additional time to
prepare and submit comments.
Comments received between the
original February 4, 2020, closing date
and the new February 18, 2020, closing
date are considered timely filed.
Therefore, individuals who submitted
late comments during the original
comment period do not need to resubmit comments.
Signed in Washington, DC, on January 27,
2020.
Alexander N. Fitzsimmons,
Acting Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2020–02122 Filed 2–3–20; 8:45 am]
BILLING CODE 6450–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Chapter I
[NRC–2017–0214]
Retrospective Review of
Administrative Requirements
Nuclear Regulatory
Commission.
ACTION: Request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is conducting a
retrospective review of administrative
requirements to identify outdated or
duplicative administrative requirements
that may be eliminated without an
adverse effect on public health or safety,
common defense and security,
protection of the environment, or
regulatory efficiency and effectiveness.
The NRC is requesting input from its
licensees and members of the public on
any administrative requirements that
may be outdated or duplicative in
nature. The NRC will use five criteria to
evaluate any public input under this
retrospective review of administrative
requirements initiative for possible
revision or elimination to reduce burden
on regulated entities and the NRC.
DATES: Submit comments by April 6,
2020. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to ensure
consideration only for comments
received on or before this date. The NRC
will not prepare written responses to
each individual comment but will
consider the comments in completing
the retrospective review.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
SUMMARY:
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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules
for Docket ID NRC–2017–0214. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
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:
Andrew Carrera, telephone: 301–415–
1078; email: Andrew.Carrera@nrc.gov or
Pamela Noto, telephone: 301–415–6795;
email: Pamela.Noto@nrc.gov. Both are
staff of the Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
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I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2017–
0214 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0214.
• 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 pdr.resource@
nrc.gov. For the convenience of the
reader, instructions about obtaining
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materials referenced in this document
are provided in the ‘‘Availability of
Documents’’ 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.
B. Submitting Comments
Please include Docket ID NRC–2017–
0214 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 https://
www.regulations.gov and will enter the
comment submissions into 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.
II. Background
On August 11, 2017, the NRC issued
a press release, ‘‘NRC To Review Its
Administrative Regulations,’’ to
announce that in the fall of 2017, the
agency would be initiating a
retrospective review of its
administrative regulations to identify
those rules that are outdated or
duplicative. The goal of the review is to
optimize the management and
administration of regulatory activities
and to ensure that the agency’s
regulations remain current and effective.
The review is intended to identify
regulatory changes that are
administrative in nature that will make
information submission, recordkeeping,
and reporting processes more efficient
for the NRC, applicants, and regulated
entities. The strategy takes into
consideration the agency’s overall
statutory responsibilities, including
mandates to issue new regulations, the
number of regulations in chapter I of
title 10 of the Code of Federal
Regulations (10 CFR), and available
resources. Once identified, the
regulations will be evaluated to
determine whether they may be revised
or eliminated without impacting the
agency’s mission.
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On May 3, 2018 (83 FR 19464), the
NRC published a Federal Register
notice (FRN) seeking public comment
on draft criteria the NRC would use to
evaluate potential changes to
regulations under the retrospective
review. The FRN also discussed the
process the NRC would use to conduct
the review of administrative
requirements. On May 31, 2018, during
the public comment period for the draft
criteria, the NRC conducted a public
meeting to discuss the effort and the
draft criteria. Participants included
industry representatives, members of
the public, and NRC staff. Additional
information on this meeting can be
found in the meeting summary listed in
the Availability of Documents section of
this document.
The NRC received six public
comments and considered them in the
final evaluation criteria provided to the
Commission for review and approval in
COMSECY–18–0027, ‘‘Evaluation
Criteria for Retrospective Review of
Administrative Regulations,’’ dated
November 16, 2018. Enclosure 1 of
COMSECY–18–0027 described changes
to the evaluation criteria that resulted
from the public comments. In the
October 8, 2019, staff requirements
memorandum to COMSECY–18–0027,
the Commission approved the staff’s
recommended criteria, which are
provided in the Discussion section of
this document.
III. Discussion
This document requests input from
the public on administrative regulations
that the NRC should consider revising
or eliminating and announces the final
evaluation criteria that the NRC will use
as a guideline to evaluate potential
changes.
Potential Changes to Administrative
Requirements
The NRC is reviewing existing
administrative regulations to identify
those requirements that may be obsolete
or unnecessarily burdensome. In the
context of this initiative, the term
‘‘burden’’ refers to labor or monetary
costs that regulated entities, the NRC, or
both, incur to implement NRC
regulations. To guide the scope of this
review, the NRC will use the evaluation
criteria outlined in the section
‘‘Finalized Criteria for Evaluating
Potential Changes to Administrative
Regulations’’ in this document. The
NRC is requesting public input to
identify potential changes to
administrative requirements that would
be consistent with the evaluation
criteria.
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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules
To help facilitate a thorough and
informed consideration of input,
commenters are encouraged to identify
the specific requirement that should be
considered for revision or elimination,
the associated rationale, and an estimate
of the burden that would be eliminated
or reduced. The NRC is particularly
interested in identifying changes to
administrative regulations that could
have a broad impact and potentially
significant reduction in burden. For
example, a change to an administrative
requirement that impacts multiple
regulated entities over a long timeframe
will generally be more likely to achieve
a significant reduction in burden
compared to an administrative
requirement that affects a single
regulated entity one time.
All comments received that are within
the scope of this review will be
considered and used, as appropriate, to
inform the staff’s actions and applicable
recommendations to the Commission.
This review will only consider existing
NRC regulations, so the public should
not use this process to submit comments
on a proposed rule or recommend new
requirements.
Finalized Criteria for Evaluating
Potential Changes to Administrative
Regulations
The NRC has developed final criteria
with which to evaluate potential
regulatory changes to be included in the
retrospective review. Although the
criteria will serve as a useful guideline
in identifying administrative
requirements that should be considered
for modification or elimination, the NRC
will also consider programmatic
experience, intent of the requirement,
impact to the NRC’s mission, and
overall impact to resources when
determining whether to pursue a change
to the regulations. The final criteria are:
1. Submittals resulting from routine
and periodic recordkeeping and
reporting requirements, such as
directives to submit recurring reports,
which the NRC has not consulted or
referenced in programmatic operations
or policy development in the last 3
years.
2. Requirements for reports or records
that contain information reasonably
accessible to the agency from alternative
resources, which as a result may be
candidates for elimination.
3. Requirements for reports or records
that could be modified to result in
reduced burden without impacting
programmatic needs, regulatory
efficiency, or transparency, through: (a)
Less frequent reporting, (b) shortened
record retention periods, (c) requiring
entities to maintain a record rather than
submit a report, or (d) implementing
another mechanism that reduces burden
for collecting or retaining information.
4. Recordkeeping and reporting
requirements that result in significant
burden.
5. Reports or records that contain
information used by other Federal
agencies, State and local governments,
or Federally recognized Tribes will be
dropped from the review provided the
information collected is necessary to
support the NRC’s mission or to fulfill
a binding NRC obligation.
IV. Specific Questions
The NRC is providing an opportunity
for the public to submit input to help
identify administrative regulations for
potential modification or elimination
that would result in potentially
reducing burden on regulated entities,
the NRC, or both. The NRC is
particularly interested in gathering
input on the following questions:
1. Which administrative regulations
should the NRC consider changing?
Include the 10 CFR part, section, and
paragraph(s).
2. How should the NRC change the
regulations? Can the regulation be made
less burdensome, or should it be
eliminated entirely? If possible, provide
specific language showing how the
regulatory text might be changed to
reduce burden. Describe how the
evaluation criteria would apply to the
proposed change(s).
3. What is the basis for the proposed
change? Provide a rationale for why the
requirement might be obsolete or overly
burdensome and any relevant
supporting data.
4. What burden is associated with the
administrative requirements? Provide a
quantitative basis for the burden in
terms of costs or labor hours, if
available.
5. How would the suggested change
reduce burden? Would it result in a onetime reduction in burden, a reduction in
burden for multiple years, or an ongoing
reduction in burden? Provide
supporting justification.
V. Public Meetings
The NRC plans to hold two public
meetings during this public comment
period to discuss the request for input.
The NRC will publish a notice
providing the location, time, and agenda
of the future public meetings on https://
www.Regulations.gov and on the NRC’s
public meeting website at least 10
calendar days before each meeting.
Stakeholders should monitor the NRC’s
public meeting website (https://
www.nrc.gov/public-involve/publicmeetings/index.cfm) for information
about the public meetings.
VI. 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.
ADAMS accession
No./FR Citation
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Document
Press Release No. 17–036, ‘‘NRC to Review Its Administrative Regulations,’’ dated August 11, 2017 .....................................
Federal Register notice, ‘‘Review of Administrative Rules,’’ dated May 3, 2018 ........................................................................
Meeting summary, ‘‘Public Meeting to Discuss the NRC’s Retrospective Review of Administrative Requirements,’’ dated May
31, 2018 .....................................................................................................................................................................................
COMSECY–18–0027, ‘‘Evaluation Criteria for Retrospective Review of Administrative Regulations,’’ dated November 16,
2018 ...........................................................................................................................................................................................
Enclosure 1 of COMSECY–18–0027, ‘‘Changes to the Evaluation Criteria for the Retrospective Review of Administrative
Regulations as a Result of Public Comments,’’ dated November 16, 2018 .............................................................................
Staff Requirements Memorandum to COMSECY–18–0027, ‘‘Evaluation Criteria for Retrospective Review of Administrative
Regulations,’’ dated October 8, 2019 ........................................................................................................................................
The NRC may post documents related
to this initiative, including public
comments, on the Federal Rulemaking
website at https://www.regulations.gov
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under Docket ID NRC–2017–0214. The
Federal Rulemaking website allows you
to receive alerts when changes or
additions occur in a docket folder. To
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ML17243A126
83 FR 19464
ML18170A135
ML18227A120
ML18261A173
ML19281C697
subscribe: (1) Navigate to the docket
folder (NRC–2017–0214); (2) click the
‘‘Sign up for Email Alerts’’ link; and (3)
enter your email address and select how
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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules
frequently you would like to receive
emails (daily, weekly, or monthly).
determination on whether it will
publish the information.
Dated at Rockville, Maryland, this 22nd
day of January, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2020–02025 Filed 2–3–20; 8:45 am]
I. Background Information
Khem Sharma, Chief, Office of Size
Standards, (202) 205–7189 or
khem.sharma@sba.gov.
SUPPLEMENTARY INFORMATION:
BILLING CODE 7590–01–P
A. Service-Disabled Veteran-Owned
Small Business Concern Program
SMALL BUSINESS ADMINISTRATION
13 CFR Part 125
RIN 3245–AH14
Regulatory Reform Initiative:
Government Contracting Programs
U.S. Small Business
Administration (SBA).
ACTION: Proposed rule.
AGENCY:
The U.S. Small Business
Administration (SBA) is proposing to
remove from the Code of Federal
Regulations (CFR) four regulations in
the Service-Disabled Veteran-Owned
(SDVO) Small Business Concern (SBC)
Program that are no longer necessary
because they are unnecessary or
redundant. The removal of these
regulations will assist the public by
simplifying SBA’s regulations in the
CFR.
SUMMARY:
Comments must be received on
or before April 6, 2020.
ADDRESSES: You may submit comments,
identified by RIN: 3245–AH14, by any
of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail or Hand Delivery/Courier:
Brenda Fernandez, Office of Policy,
Planning and Liaison, Office of
Government Contracting and Business
Development, U.S. Small Business
Administration, 409 Third Street SW,
Washington, DC 20416.
SBA will post all comments on https://
www.regulations.gov. If you wish to
submit confidential business
information (CBI), as defined in the User
Notice at https://www.regulations.gov,
please submit the information to Brenda
Fernandez, Office of Policy, Planning
and Liaison, Office of Government
Contracting and Business Development,
409 Third Street SW, Washington, DC
20416, or send an email to
Brenda.fernandez@sba.gov. Highlight
the information that you consider to be
CBI and explain why you believe SBA
should hold this information as
confidential. SBA will review the
information and make the final
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DATES:
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This program allows agencies to set
aside contracts for SDVO SBCs. Under
this program, Federal agencies may also
award sole source contracts to SDVO
SBCs so long as the award can be made
at a fair and reasonable price and the
anticipated total value of the contract,
including any options, is below $4
million ($6.5 million for manufacturing
contracts). For purposes of this program,
veterans and service-related disabilities
are defined as they are under the
statutes governing veterans’ affairs. In
FY2017, the Federal Government
awarded $18.2 billion to SDVO SBCs:
• $6.8 billion was awarded through
SDVO SBC set-aside awards;
• $4.3 billion was awarded to SDVO
SBCs in full-and-open competitions;
and
• $7.1 billion was awarded through
awards with another small business
preference (set-asides or sole source
awards for small businesses generally or
awards reserved for HUBZone firms,
8(a) firms, and WOSBs).
There are currently 21,750 active
certified SDVO SBCs.
SBA is proposing to remove from the
Code of Federal Regulations (CFR) four
regulations that are no longer necessary
because they are unnecessary or are
covered elsewhere in SBA’s regulations.
These four regulations govern SBA’s
SDVO SBC Program.
B. Executive Order 13771
On January 30, 2017, the President
signed Executive Order 13771, Reducing
Regulation and Controlling Regulatory
Costs, which, among other objectives, is
intended to ensure that an agency’s
regulatory costs are prudently managed
and controlled so as to minimize the
compliance burden imposed on the
public. For every new regulation an
agency proposes to implement, unless
prohibited by law, this Executive Order
requires the agency to (i) identify at
least two existing regulations that the
agency can cancel; and (ii) use the cost
savings from the cancelled regulations
to offset the cost of the new regulation.
C. Executive Order 13777
On February 24, 2017, the President
issued Executive Order 13777,
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Enforcing the Regulatory Reform
Agenda, which further emphasized the
goal of the Administration to alleviate
the regulatory burdens placed on the
public. Under Executive Order 13777,
agencies must evaluate their existing
regulations to determine which ones
should be repealed, replaced, or
modified. In doing so, agencies should
focus on identifying regulations that,
among other things: eliminate jobs or
inhibit job creation; are outdated,
unnecessary, or ineffective; impose
costs that exceed benefits; create a
serious inconsistency or otherwise
interfere with regulatory reform
initiatives and policies; or are associated
with Executive Orders or other
Presidential directives that have been
rescinded or substantially modified.
SBA has engaged in this process and has
identified the regulations in this
rulemaking as appropriate for removal
in accordance with Executive Order
13777.
II. Section-by-Section Analysis
Section 125.15 May an SDVO SBC
have affiliates?
Section 125.15 provides that an SDVO
SBC may have affiliates. This rule is
redundant because whether an SDVO
SBC can have an affiliate is addressed
in 13 CFR 121.103, the general rules of
affiliation.
Section 125.16 May 8(a) program
participants, HUBZone SBCs, small and
disadvantaged businesses, or womenowned small businesses qualify as
SDVO SBCs?
Section 125.16 states that an SDVO
SBC may qualify for other SBA
contracting programs. This regulation is
unnecessary because the requirements
for an SDVO SBC to qualify for other
programs are addressed in the rules on
eligibility for those specific programs.
Section 125.19 Does SDVO SBC status
guarantee receipt of a contract?
Section 125.19 states that an SDVO
SBC is not guaranteed receipt of a
contract. This provision is unnecessary
because nothing in SBA’s regulations
indicates that qualification as an SDVO
SBC entitles a firm to a contract.
Section 125.20 Who decides if a
contract opportunity for SDVO
competition exists?
Section 125.20 is redundant because
13 CFR 125.22 and 125.23 already
provide that contracting officers make
SDVO SBC competition decisions.
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]]>Agencies
[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Proposed Rules]
[Pages 6103-6106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02025]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Chapter I
[NRC-2017-0214]
Retrospective Review of Administrative Requirements
AGENCY: Nuclear Regulatory Commission.
ACTION: Request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is conducting a
retrospective review of administrative requirements to identify
outdated or duplicative administrative requirements that may be
eliminated without an adverse effect on public health or safety, common
defense and security, protection of the environment, or regulatory
efficiency and effectiveness. The NRC is requesting input from its
licensees and members of the public on any administrative requirements
that may be outdated or duplicative in nature. The NRC will use five
criteria to evaluate any public input under this retrospective review
of administrative requirements initiative for possible revision or
elimination to reduce burden on regulated entities and the NRC.
DATES: Submit comments by April 6, 2020. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date. The NRC will not prepare written responses to each
individual comment but will consider the comments in completing the
retrospective review.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search
[[Page 6104]]
for Docket ID NRC-2017-0214. Address questions about NRC dockets to
Carol Gallagher; telephone: 301-415-3463; email:
[email protected]. For technical questions contact the
individuals listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
Email comments to: [email protected]. If you do
not receive an automatic email reply confirming receipt, then contact
us at 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory
Commission at 301-415-1101.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal
workdays; telephone: 301-415-1677.
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: Andrew Carrera, telephone: 301-415-
1078; email: [email protected] or Pamela Noto, telephone: 301-415-
6795; email: [email protected]. Both are staff of the Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0214 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0214.
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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' 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.
B. Submitting Comments
Please include Docket ID NRC-2017-0214 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
https://www.regulations.gov and will enter the comment submissions into
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.
II. Background
On August 11, 2017, the NRC issued a press release, ``NRC To Review
Its Administrative Regulations,'' to announce that in the fall of 2017,
the agency would be initiating a retrospective review of its
administrative regulations to identify those rules that are outdated or
duplicative. The goal of the review is to optimize the management and
administration of regulatory activities and to ensure that the agency's
regulations remain current and effective. The review is intended to
identify regulatory changes that are administrative in nature that will
make information submission, recordkeeping, and reporting processes
more efficient for the NRC, applicants, and regulated entities. The
strategy takes into consideration the agency's overall statutory
responsibilities, including mandates to issue new regulations, the
number of regulations in chapter I of title 10 of the Code of Federal
Regulations (10 CFR), and available resources. Once identified, the
regulations will be evaluated to determine whether they may be revised
or eliminated without impacting the agency's mission.
On May 3, 2018 (83 FR 19464), the NRC published a Federal Register
notice (FRN) seeking public comment on draft criteria the NRC would use
to evaluate potential changes to regulations under the retrospective
review. The FRN also discussed the process the NRC would use to conduct
the review of administrative requirements. On May 31, 2018, during the
public comment period for the draft criteria, the NRC conducted a
public meeting to discuss the effort and the draft criteria.
Participants included industry representatives, members of the public,
and NRC staff. Additional information on this meeting can be found in
the meeting summary listed in the Availability of Documents section of
this document.
The NRC received six public comments and considered them in the
final evaluation criteria provided to the Commission for review and
approval in COMSECY-18-0027, ``Evaluation Criteria for Retrospective
Review of Administrative Regulations,'' dated November 16, 2018.
Enclosure 1 of COMSECY-18-0027 described changes to the evaluation
criteria that resulted from the public comments. In the October 8,
2019, staff requirements memorandum to COMSECY-18-0027, the Commission
approved the staff's recommended criteria, which are provided in the
Discussion section of this document.
III. Discussion
This document requests input from the public on administrative
regulations that the NRC should consider revising or eliminating and
announces the final evaluation criteria that the NRC will use as a
guideline to evaluate potential changes.
Potential Changes to Administrative Requirements
The NRC is reviewing existing administrative regulations to
identify those requirements that may be obsolete or unnecessarily
burdensome. In the context of this initiative, the term ``burden''
refers to labor or monetary costs that regulated entities, the NRC, or
both, incur to implement NRC regulations. To guide the scope of this
review, the NRC will use the evaluation criteria outlined in the
section ``Finalized Criteria for Evaluating Potential Changes to
Administrative Regulations'' in this document. The NRC is requesting
public input to identify potential changes to administrative
requirements that would be consistent with the evaluation criteria.
[[Page 6105]]
To help facilitate a thorough and informed consideration of input,
commenters are encouraged to identify the specific requirement that
should be considered for revision or elimination, the associated
rationale, and an estimate of the burden that would be eliminated or
reduced. The NRC is particularly interested in identifying changes to
administrative regulations that could have a broad impact and
potentially significant reduction in burden. For example, a change to
an administrative requirement that impacts multiple regulated entities
over a long timeframe will generally be more likely to achieve a
significant reduction in burden compared to an administrative
requirement that affects a single regulated entity one time.
All comments received that are within the scope of this review will
be considered and used, as appropriate, to inform the staff's actions
and applicable recommendations to the Commission. This review will only
consider existing NRC regulations, so the public should not use this
process to submit comments on a proposed rule or recommend new
requirements.
Finalized Criteria for Evaluating Potential Changes to Administrative
Regulations
The NRC has developed final criteria with which to evaluate
potential regulatory changes to be included in the retrospective
review. Although the criteria will serve as a useful guideline in
identifying administrative requirements that should be considered for
modification or elimination, the NRC will also consider programmatic
experience, intent of the requirement, impact to the NRC's mission, and
overall impact to resources when determining whether to pursue a change
to the regulations. The final criteria are:
1. Submittals resulting from routine and periodic recordkeeping and
reporting requirements, such as directives to submit recurring reports,
which the NRC has not consulted or referenced in programmatic
operations or policy development in the last 3 years.
2. Requirements for reports or records that contain information
reasonably accessible to the agency from alternative resources, which
as a result may be candidates for elimination.
3. Requirements for reports or records that could be modified to
result in reduced burden without impacting programmatic needs,
regulatory efficiency, or transparency, through: (a) Less frequent
reporting, (b) shortened record retention periods, (c) requiring
entities to maintain a record rather than submit a report, or (d)
implementing another mechanism that reduces burden for collecting or
retaining information.
4. Recordkeeping and reporting requirements that result in
significant burden.
5. Reports or records that contain information used by other
Federal agencies, State and local governments, or Federally recognized
Tribes will be dropped from the review provided the information
collected is necessary to support the NRC's mission or to fulfill a
binding NRC obligation.
IV. Specific Questions
The NRC is providing an opportunity for the public to submit input
to help identify administrative regulations for potential modification
or elimination that would result in potentially reducing burden on
regulated entities, the NRC, or both. The NRC is particularly
interested in gathering input on the following questions:
1. Which administrative regulations should the NRC consider
changing? Include the 10 CFR part, section, and paragraph(s).
2. How should the NRC change the regulations? Can the regulation be
made less burdensome, or should it be eliminated entirely? If possible,
provide specific language showing how the regulatory text might be
changed to reduce burden. Describe how the evaluation criteria would
apply to the proposed change(s).
3. What is the basis for the proposed change? Provide a rationale
for why the requirement might be obsolete or overly burdensome and any
relevant supporting data.
4. What burden is associated with the administrative requirements?
Provide a quantitative basis for the burden in terms of costs or labor
hours, if available.
5. How would the suggested change reduce burden? Would it result in
a one-time reduction in burden, a reduction in burden for multiple
years, or an ongoing reduction in burden? Provide supporting
justification.
V. Public Meetings
The NRC plans to hold two public meetings during this public
comment period to discuss the request for input. The NRC will publish a
notice providing the location, time, and agenda of the future public
meetings on https://www.Regulations.gov and on the NRC's public meeting
website at least 10 calendar days before each meeting. Stakeholders
should monitor the NRC's public meeting website (https://www.nrc.gov/public-involve/public-meetings/index.cfm) for information about the
public meetings.
VI. 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.
------------------------------------------------------------------------
ADAMS accession
Document No./FR Citation
------------------------------------------------------------------------
Press Release No. 17-036, ``NRC to Review Its ML17243A126
Administrative Regulations,'' dated August 11, 2017.
Federal Register notice, ``Review of Administrative 83 FR 19464
Rules,'' dated May 3, 2018..........................
Meeting summary, ``Public Meeting to Discuss the ML18170A135
NRC's Retrospective Review of Administrative
Requirements,'' dated May 31, 2018..................
COMSECY-18-0027, ``Evaluation Criteria for ML18227A120
Retrospective Review of Administrative
Regulations,'' dated November 16, 2018..............
Enclosure 1 of COMSECY-18-0027, ``Changes to the ML18261A173
Evaluation Criteria for the Retrospective Review of
Administrative Regulations as a Result of Public
Comments,'' dated November 16, 2018.................
Staff Requirements Memorandum to COMSECY-18-0027, ML19281C697
``Evaluation Criteria for Retrospective Review of
Administrative Regulations,'' dated October 8, 2019.
------------------------------------------------------------------------
The NRC may post documents related to this initiative, including
public comments, on the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2017-0214. The Federal
Rulemaking website allows you to receive alerts when changes or
additions occur in a docket folder. To subscribe: (1) Navigate to the
docket folder (NRC-2017-0214); (2) click the ``Sign up for Email
Alerts'' link; and (3) enter your email address and select how
[[Page 6106]]
frequently you would like to receive emails (daily, weekly, or
monthly).
Dated at Rockville, Maryland, this 22nd day of January, 2020.
For the Nuclear Regulatory Commission.
Margaret M. Doane,
Executive Director for Operations.
[FR Doc. 2020-02025 Filed 2-3-20; 8:45 am]
BILLING CODE 7590-01-P
