Systematic Assessment for How the NRC Addresses Environmental Justice in Its Programs, Policies, and Activities, 43696-43698 [2021-16970]

Download as PDF 43696 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices amendments involve NSHC. The basis for this determination is contained in the documents related to each action. Accordingly, the amendment has been issued and made effective as indicated. For those amendments that have not been previously noticed in the Federal Register, within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the guidance concerning the Commission’s ‘‘Agency Rules of Practice and Procedure’’ in 10 CFR part 2 as discussed in section II.A of this document. Unless otherwise indicated, the Commission has determined that the amendment satisfies the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for this amendment. If the Commission has prepared an environmental assessment under the special circumstances provision in 10 CFR 51.12(b) and has made a determination based on that assessment, it is so indicated in the safety evaluation for the amendment. For further details with respect to these actions, see the amendment and associated documents such as the Commission’s letter and safety evaluation, which may be obtained using the ADAMS accession numbers indicated in the following table. The safety evaluation will provide the ADAMS accession number(s) for the application for amendment and the Federal Register citation for any environmental assessment. All of these items can be accessed as described in the ‘‘Obtaining Information and Submitting Comments’’ section of this document. LICENSE AMENDMENT ISSUANCE—EXIGENT/EMERGENCY CIRCUMSTANCES Pacific Gas and Electric Company; Diablo Canyon Power Plant, Unit 1; San Luis Obispo County, CA Docket No(s) ....................................................... Amendment Date ................................................ ADAMS Accession No ........................................ Amendment No(s) ............................................... Brief Description of Amendment(s) .................... Local Media Notice (Yes/No) .............................. Public Comments Requested as to Proposed NSHC (Yes/No). Dated: August 4, 2021. For the Nuclear Regulatory Commission. Michael I. Dudek, Deputy Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2021–16925 Filed 8–9–21; 8:45 am] NUCLEAR REGULATORY COMMISSION [NRC–2021–0137] Systematic Assessment for How the NRC Addresses Environmental Justice in Its Programs, Policies, and Activities Nuclear Regulatory Commission. ACTION: Extension of comment period. AGENCY: On July 9, 2021, the U.S. Nuclear Regulatory Commission (NRC) requested comments as part of its systematic review for how NRC programs, policies, and activities address environmental justice. Specifically, the NRC requested input on how the agency is addressing environmental justice, considering the agency’s mission and statutory authority. The information will be used to inform the agency’s assessment of how it addresses environmental justice. The public comment period was jbell on DSKJLSW7X2PROD with NOTICES VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 originally scheduled to close on August 23, 2021. The NRC has decided to extend the public comment period to allow more time for members of the public to develop and submit their comments. The due date for comments requested in the notice published on July 9, 2021 (86 FR 36307) is extended. Submit comments by September 22, 2021. 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. ADDRESSES: You may submit comments by any of the following methods: • Telephone: 301–415–3875 or 800– 882–4672. • Email: NRC-EJReview@nrc.gov. • Mail comments to: Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, ATTN: Program Management, Announcements and Editing Staff. • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2021–0137. Address questions about Docket IDs in Regulations.gov to Stacy Schumann; telephone: 301–415–0624; email: Stacy.Schumann@nrc.gov. For technical questions, contact the individual listed DATES: BILLING CODE 7590–01–P SUMMARY: 50–275. July 8, 2021. ML21188A345. 238. The amendment provided a new Technical Specification 3.7.8 Condition A note, to allow a one-time Completion Time of 144 hours to replace the Auxiliary Saltwater System Pump 1–1 motor during Cycle 23. No. No. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 in the FOR FURTHER INFORMATION CONTACT section of this document. 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: Allen Fetter, Office of the Executive Director for Operations, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 8556, email: Allen.Fetter@nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2021– 0137 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–2021–0137. • 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 E:\FR\FM\10AUN1.SGM 10AUN1 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices ‘‘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 Staff Requirements Memorandum (SRM)–M210218B, ‘‘Briefing on Equal Employment Opportunity, Affirmative Employment, and Small Business, 10:00 a.m., Thursday, February 18, 2021, Video Conference Meeting,’’ dated April 23, 2021, which provides direction to the staff or this assessment, is available in ADAMS under Accession No. ML21113A070. • Attention: The PDR, where you may examine and order copies of public documents, is currently closed. You may submit your request to the PDR via email at pdr.resource@nrc.gov or call 1– 800–397–4209 or 301–415–4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal holidays. jbell on DSKJLSW7X2PROD with NOTICES B. Submitting Comments The NRC encourages comment submission via email and phone. Please reference Docket ID NRC–2021–0137 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 comment submissions received via regulations.gov at https:// www.regulations.gov as well as 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 The NRC is an independent agency established by the Energy Reorganization Act of 1974 that began operations in 1975 as a successor to the licensing and regulatory activities of the Atomic Energy Commission. The NRC’s mission is to license and regulate the Nation’s civilian use of radioactive materials to provide reasonable assurance of adequate protection of public health and safety and to promote VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 the common defense and security and to protect the environment. As part of its licensing and regulatory activities, the NRC conducts safety, security, and environmental reviews. Specifically, with respect to environmental reviews, the National Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4321 et seq., requires all Federal agencies to evaluate the impacts of proposed major actions on the human environment. As part of its responsibilities under NEPA, the NRC considers environmental justice. According to the Commission, ‘‘[t]he term ‘environmental justice’ refers to the federal policy established in 1994 by Executive Order 12898, which directed federal agencies to identify and address ‘disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority and low-income populations.’’’ Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 2 and 3), CLI–15–6, 81 NRC 340, 369 (2015). The NRC, as an independent agency, was requested, rather than directed, to comply with Executive Order 12898, and this Executive Orderdid not, in itself, create new substantive authority for Federal agencies. In a March 31, 1994, letter to President Clinton, NRC Chairman Ivan Selin indicated that the NRC would endeavor to carry out the measures set forth in Executive Order 12898 and the accompanying memorandum as part of the NRC’s efforts to comply with NEPA (ADAMS Accession No. ML033210526). As noted in the NRC’s 1995 Environmental Justice Strategy (ADAMS Accession No. ML20081K602 (March 24, 1995)), because ‘‘the NRC is not a ‘land management’ agency, i.e., it neither sites, owns, or manages facilities or properties,’’ the NRC determined that Executive Order 12898 would ‘‘primarily apply to [NRC] efforts to fulfill’’ NEPA requirements as part of NRC’s licensing process. On August 24, 2004, following public comment on a draft Policy Statement (68 FR 62642), the Commission issued its ‘‘Policy Statement on the Treatment of Environmental Justice Matters in NRC Regulatory and Licensing Actions’’ (69 FR 52040). The purpose of this Policy Statement was to set forth a ‘‘comprehensive statement of the Commission’s policy on the treatment of environmental justice matters in NRC regulatory and licensing actions.’’ Id. at 52,041. The Policy Statement explains that the focus of an environmental justice review ‘‘should be on identifying and weighing disproportionately significant and adverse environmental PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 43697 impacts on minority and low-income populations that may be different from the impacts on the general population. It is not a broad-ranging or even limited review of racial or economic discrimination.’’ Id. at 52,047. The Policy Statement also reiterates guidance on defining the geographic area for environmental justice assessments and identifying low-income and minority communities. Id. In addition, it explains that a scoping process is used to ‘‘assist the NRC in ensuring that minority and low-income communities, including transient populations, affected by the proposed action are not overlooked in assessing the potential for significant impacts unique to those communities.’’ Id. at 52,048. In performing a NEPA analysis, ‘‘published demographic data, community interviews and public input through well-noticed public scoping meetings should be used in identifying minority and low-income communities that may be subject to adverse environmental impacts.’’ Id. On April 23, 2021, in a Staff Requirements Memorandum (ADAMS Accession No. ML21113A070), the Commission directed the staff to ‘‘systematically review how the agency’s programs, polices, and activities address environmental justice.’’ As part of this review, the Commission directed the staff to evaluate recent Executive Orders and assess whether environmental justice is appropriately considered and addressed in the agency’s programs, policies, and activities, given the agency’s mission. As directed, the staff will consider the practices of other Federal, State, and Tribal agencies and evaluate whether the NRC should incorporate environmental justice beyond implementation through NEPA. The staff will also review the adequacy of the 2004 Policy Statement. The Commission further directed the staff to consider whether establishing formal mechanisms to gather external stakeholder input would benefit any future environmental justice efforts. To carry out the Commission’s direction, the staff is seeking to engage stakeholders and interested persons representing a broad range of perspectives. This Federal Register notice is part of this engagement effort. III. Requested Information and Comments On July 9, 2021, the NRC published a notice in the Federal Register (86 FR 36307) requesting comments. The comment period was originally scheduled to close on August 23, 2021. The NRC staff has decided to extend the comment period until September 13, E:\FR\FM\10AUN1.SGM 10AUN1 jbell on DSKJLSW7X2PROD with NOTICES 43698 Federal Register / Vol. 86, No. 151 / Tuesday, August 10, 2021 / Notices 2021, to allow more time for members of the public to submit their comments. The NRC is interested in obtaining a broad range of perspectives from stakeholders and interested persons. The focus of this request is to gather information to inform a systematic assessment for how the NRC addresses environmental justice in its programs, policies, and activities, considering the agency’s mission and statutory authority. The NRC is particularly interested in receiving input on the following questions: (1) What is your understanding of what is meant by environmental justice at the NRC? (2) As described in the Commission’s 2004 Policy Statement on the Treatment of Environmental Justice Matters in NRC Regulatory and Licensing Actions (69 FR 52040), the NRC currently addresses environmental justice in its NEPA reviews to determine if a proposed agency action will have disproportionately high and adverse impacts on minority and low-income communities, defined as environmental justice communities. (a) When the NRC is conducting licensing and other regulatory reviews, the agency uses a variety of ways to gather information from stakeholders and interested persons on environmental impacts of the proposed agency action, such as in-person and virtual meetings, Federal Register notices requesting input, and dialog with community organizations. (i) How could the NRC expand how it engages and gathers input? (ii) What formal tools might there be to enhance information gathering from stakeholders and interested persons in NRC’s programs, policies, and activities? (iii) Can you describe any challenges that may affect your ability to engage with the NRC on environmental justice issues? (b) How could the NRC enhance opportunities for members of environmental justice communities to participate in licensing and regulatory activities, including the identification of impacts and other environmental justice concerns? (c) What ways could the NRC enhance identification of environmental justice communities? (d) What has the NRC historically done well, or currently does well that we could do more of or expand with respect to environmental justice in our programs, policies, and activities, including engagement efforts? In your view, what portions of the 2004 Policy Statement are effective? VerDate Sep<11>2014 17:05 Aug 09, 2021 Jkt 253001 (3) What actions could the NRC take to enhance consideration of environmental justice in the NRC’s programs, policies and activities and agency decision-making, considering the agency’s mission and statutory authority? (a) Would you recommend that NRC consider any particular organization’s environmental justice program(s) in its assessment? (b) Looking to other Federal, State, and Tribal agencies’ environmental justice programs, what actions could the NRC take to enhance consideration of environmental justice in the NRC’s programs, policies, and activities? (c) Considering recent Executive Orders on environmental justice, what actions could the NRC take to enhance consideration of environmental justice in the NRC’s programs, policies, and activities? (d) Are there opportunities to expand consideration of environmental justice in NRC programs, policies, and activities, considering the agency’s mission? If so, what are they? Dated: August 4, 2021. For the Nuclear Regulatory Commission. Gregory F. Suber, Director, Environmental Justice Review Team, Office of the Executive Director for Operations. [FR Doc. 2021–16970 Filed 8–9–21; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–92561; File No. SR–FINRA– 2021–009] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving a Proposed Rule Change To Adopt a Supplemental Liquidity Schedule, and Instructions Thereto, Pursuant to FINRA Rule 4524 (Supplemental FOCUS Information) August 4, 2021. I. Introduction On April 30, 2021, the Financial industry Regulatory Authority (‘‘FINRA’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act (‘‘Exchange Act’’) 1 and Rule 19b–4 thereunder,2 a proposed rule change to adopt a Supplemental Liquidity Schedule, and Instructions thereto, 1 15 2 17 PO 00000 U.S.C. 78s(b)(1). CFR 240.19b–4. Frm 00075 Fmt 4703 Sfmt 4703 pursuant to FINRA Rule 4524 (Supplemental FOCUS Information). The proposed rule change was published for comment in the Federal Register on May 18, 2021.3 The comment period closed on June 8, 2021. The Commission received one comment letter in response to the Notice.4 On June 22, 2021, FINRA extended the time period in which the Commission must approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to disapprove the proposed rule change to August 16, 2021. On July 7, 2021, FINRA responded to the comment letter received in response to the Notice.5 For the reasons discussed below, the Commission is approving the proposed rule change. II. Description of the Proposed Rule Change 6 FINRA Rule 4524 provides in part that FINRA may require certain members to file supplements to the Financial and Operational Combined Uniform Single Report (‘‘FOCUS Report’’), which is filed pursuant to Rule 17a–5 under the Exchange Act 7 and FINRA Rule 2010. These supplements may include such additional financial or operational schedules or reports as FINRA may deem necessary or appropriate for the protection of investors or in the public interest. FINRA Rule 4524 further requires FINRA to file a proposed schedule or report with the Commission pursuant to section 19(b) of the Exchange Act. Pursuant to FINRA Rule 4524, FINRA proposed to adopt a Supplemental Liquidity Schedule (‘‘SLS’’), and Instructions thereto. A FINRA member that would be required to file the Form SLS would report detailed information relating to the member’s: 3 See Exchange Act Release No. 91876 (May 12, 2021), 86 FR 27005 (May 18, 2021) (File No. SR– FINRA–2021–009) (‘‘Notice’’). 4 See Letter from Kevin Zambrowicz, Managing Director & Associate General Counsel, the Securities Industry and Financial Markets Association (‘‘SIFMA’’), dated June 8, 2021 (‘‘SIFMA Letter’’). 5 See Letter from Adam Arkel, Associate General Counsel, Office of General Counsel, FINRA, to Vanessa Countryman, Secretary, U.S. Securities and Exchange Commission, dated July 7, 2021 (‘‘FINRA Letter’’). The FINRA Letter is available on FINRA’s website at https://www.finra.org/sites/default/files/ 2021-07/sr-finra-2021-009-response-tocomments.pdf, on the Commission’s website at https://www.sec.gov/comments/sr-finra-2021-009/ srfinra2021009.htm, and at the Commission’s Public Reference Room. 6 The subsequent description of the proposed rule change is substantially excerpted from FINRA’s description in the Notice. See Notice, 86 FR at 27005–06. 7 17 CFR 240.17a–5 (‘‘Rule 17a–5’’). Paragraph (a) of Rule 17a–5 requires a broker-dealer to file a version of the FOCUS Report. E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 86, Number 151 (Tuesday, August 10, 2021)]
[Notices]
[Pages 43696-43698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16970]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2021-0137]


Systematic Assessment for How the NRC Addresses Environmental 
Justice in Its Programs, Policies, and Activities

AGENCY: Nuclear Regulatory Commission.

ACTION: Extension of comment period.

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

SUMMARY: On July 9, 2021, the U.S. Nuclear Regulatory Commission (NRC) 
requested comments as part of its systematic review for how NRC 
programs, policies, and activities address environmental justice. 
Specifically, the NRC requested input on how the agency is addressing 
environmental justice, considering the agency's mission and statutory 
authority. The information will be used to inform the agency's 
assessment of how it addresses environmental justice. The public 
comment period was originally scheduled to close on August 23, 2021. 
The NRC has decided to extend the public comment period to allow more 
time for members of the public to develop and submit their comments.

DATES: The due date for comments requested in the notice published on 
July 9, 2021 (86 FR 36307) is extended. Submit comments by September 
22, 2021. 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.

ADDRESSES: You may submit comments by any of the following methods:
     Telephone: 301-415-3875 or 800-882-4672.
     Email: [email protected].
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0137. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
    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: Allen Fetter, Office of the Executive 
Director for Operations, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-415-8556, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2021-0137 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-2021-0137.
     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

[[Page 43697]]

``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 Staff 
Requirements Memorandum (SRM)-M210218B, ``Briefing on Equal Employment 
Opportunity, Affirmative Employment, and Small Business, 10:00 a.m., 
Thursday, February 18, 2021, Video Conference Meeting,'' dated April 
23, 2021, which provides direction to the staff or this assessment, is 
available in ADAMS under Accession No. ML21113A070.
     Attention: The PDR, where you may examine and order copies 
of public documents, is currently closed. You may submit your request 
to the PDR via email at [email protected] or call 1-800-397-4209 or 
301-415-4737, between 8:00 a.m. and 4:00 p.m. (ET), Monday through 
Friday, except Federal holidays.

B. Submitting Comments

    The NRC encourages comment submission via email and phone. Please 
reference Docket ID NRC-2021-0137 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 comment submissions received via 
regulations.gov at https://www.regulations.gov as well as 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

    The NRC is an independent agency established by the Energy 
Reorganization Act of 1974 that began operations in 1975 as a successor 
to the licensing and regulatory activities of the Atomic Energy 
Commission. The NRC's mission is to license and regulate the Nation's 
civilian use of radioactive materials to provide reasonable assurance 
of adequate protection of public health and safety and to promote the 
common defense and security and to protect the environment. As part of 
its licensing and regulatory activities, the NRC conducts safety, 
security, and environmental reviews.
    Specifically, with respect to environmental reviews, the National 
Environmental Policy Act (NEPA) of 1969, 42 U.S.C. 4321 et seq., 
requires all Federal agencies to evaluate the impacts of proposed major 
actions on the human environment. As part of its responsibilities under 
NEPA, the NRC considers environmental justice. According to the 
Commission, ``[t]he term `environmental justice' refers to the federal 
policy established in 1994 by Executive Order 12898, which directed 
federal agencies to identify and address `disproportionately high and 
adverse human health or environmental effects of its programs, 
policies, and activities on minority and low-income populations.''' 
Entergy Nuclear Operations, Inc. (Indian Point Nuclear Generating Units 
2 and 3), CLI-15-6, 81 NRC 340, 369 (2015).
    The NRC, as an independent agency, was requested, rather than 
directed, to comply with Executive Order 12898, and this Executive 
Orderdid not, in itself, create new substantive authority for Federal 
agencies. In a March 31, 1994, letter to President Clinton, NRC 
Chairman Ivan Selin indicated that the NRC would endeavor to carry out 
the measures set forth in Executive Order 12898 and the accompanying 
memorandum as part of the NRC's efforts to comply with NEPA (ADAMS 
Accession No. ML033210526). As noted in the NRC's 1995 Environmental 
Justice Strategy (ADAMS Accession No. ML20081K602 (March 24, 1995)), 
because ``the NRC is not a `land management' agency, i.e., it neither 
sites, owns, or manages facilities or properties,'' the NRC determined 
that Executive Order 12898 would ``primarily apply to [NRC] efforts to 
fulfill'' NEPA requirements as part of NRC's licensing process.
    On August 24, 2004, following public comment on a draft Policy 
Statement (68 FR 62642), the Commission issued its ``Policy Statement 
on the Treatment of Environmental Justice Matters in NRC Regulatory and 
Licensing Actions'' (69 FR 52040). The purpose of this Policy Statement 
was to set forth a ``comprehensive statement of the Commission's policy 
on the treatment of environmental justice matters in NRC regulatory and 
licensing actions.'' Id. at 52,041. The Policy Statement explains that 
the focus of an environmental justice review ``should be on identifying 
and weighing disproportionately significant and adverse environmental 
impacts on minority and low-income populations that may be different 
from the impacts on the general population. It is not a broad-ranging 
or even limited review of racial or economic discrimination.'' Id. at 
52,047.
    The Policy Statement also reiterates guidance on defining the 
geographic area for environmental justice assessments and identifying 
low-income and minority communities. Id. In addition, it explains that 
a scoping process is used to ``assist the NRC in ensuring that minority 
and low-income communities, including transient populations, affected 
by the proposed action are not overlooked in assessing the potential 
for significant impacts unique to those communities.'' Id. at 52,048. 
In performing a NEPA analysis, ``published demographic data, community 
interviews and public input through well-noticed public scoping 
meetings should be used in identifying minority and low-income 
communities that may be subject to adverse environmental impacts.'' Id.
    On April 23, 2021, in a Staff Requirements Memorandum (ADAMS 
Accession No. ML21113A070), the Commission directed the staff to 
``systematically review how the agency's programs, polices, and 
activities address environmental justice.'' As part of this review, the 
Commission directed the staff to evaluate recent Executive Orders and 
assess whether environmental justice is appropriately considered and 
addressed in the agency's programs, policies, and activities, given the 
agency's mission. As directed, the staff will consider the practices of 
other Federal, State, and Tribal agencies and evaluate whether the NRC 
should incorporate environmental justice beyond implementation through 
NEPA. The staff will also review the adequacy of the 2004 Policy 
Statement. The Commission further directed the staff to consider 
whether establishing formal mechanisms to gather external stakeholder 
input would benefit any future environmental justice efforts. To carry 
out the Commission's direction, the staff is seeking to engage 
stakeholders and interested persons representing a broad range of 
perspectives. This Federal Register notice is part of this engagement 
effort.

III. Requested Information and Comments

    On July 9, 2021, the NRC published a notice in the Federal Register 
(86 FR 36307) requesting comments. The comment period was originally 
scheduled to close on August 23, 2021. The NRC staff has decided to 
extend the comment period until September 13,

[[Page 43698]]

2021, to allow more time for members of the public to submit their 
comments.
    The NRC is interested in obtaining a broad range of perspectives 
from stakeholders and interested persons. The focus of this request is 
to gather information to inform a systematic assessment for how the NRC 
addresses environmental justice in its programs, policies, and 
activities, considering the agency's mission and statutory authority. 
The NRC is particularly interested in receiving input on the following 
questions:
    (1) What is your understanding of what is meant by environmental 
justice at the NRC?
    (2) As described in the Commission's 2004 Policy Statement on the 
Treatment of Environmental Justice Matters in NRC Regulatory and 
Licensing Actions (69 FR 52040), the NRC currently addresses 
environmental justice in its NEPA reviews to determine if a proposed 
agency action will have disproportionately high and adverse impacts on 
minority and low-income communities, defined as environmental justice 
communities.
    (a) When the NRC is conducting licensing and other regulatory 
reviews, the agency uses a variety of ways to gather information from 
stakeholders and interested persons on environmental impacts of the 
proposed agency action, such as in-person and virtual meetings, Federal 
Register notices requesting input, and dialog with community 
organizations.
    (i) How could the NRC expand how it engages and gathers input?
    (ii) What formal tools might there be to enhance information 
gathering from stakeholders and interested persons in NRC's programs, 
policies, and activities?
    (iii) Can you describe any challenges that may affect your ability 
to engage with the NRC on environmental justice issues?
    (b) How could the NRC enhance opportunities for members of 
environmental justice communities to participate in licensing and 
regulatory activities, including the identification of impacts and 
other environmental justice concerns?
    (c) What ways could the NRC enhance identification of environmental 
justice communities?
    (d) What has the NRC historically done well, or currently does well 
that we could do more of or expand with respect to environmental 
justice in our programs, policies, and activities, including engagement 
efforts? In your view, what portions of the 2004 Policy Statement are 
effective?
    (3) What actions could the NRC take to enhance consideration of 
environmental justice in the NRC's programs, policies and activities 
and agency decision-making, considering the agency's mission and 
statutory authority?
    (a) Would you recommend that NRC consider any particular 
organization's environmental justice program(s) in its assessment?
    (b) Looking to other Federal, State, and Tribal agencies' 
environmental justice programs, what actions could the NRC take to 
enhance consideration of environmental justice in the NRC's programs, 
policies, and activities?
    (c) Considering recent Executive Orders on environmental justice, 
what actions could the NRC take to enhance consideration of 
environmental justice in the NRC's programs, policies, and activities?
    (d) Are there opportunities to expand consideration of 
environmental justice in NRC programs, policies, and activities, 
considering the agency's mission? If so, what are they?

    Dated: August 4, 2021.

    For the Nuclear Regulatory Commission.
Gregory F. Suber,
Director, Environmental Justice Review Team, Office of the Executive 
Director for Operations.
[FR Doc. 2021-16970 Filed 8-9-21; 8:45 am]
BILLING CODE 7590-01-P