COMSECY-16-0029, Enclosure 2 - Comparison of Draft and Final Templates 11-03-2016
| ML16308A372 | |
| Person / Time | |
|---|---|
| Issue date: | 11/29/2016 |
| From: | Mccree V NRC/EDO |
| To: | Commissioners NRC/OCM |
| Leslie Terry, 415-1167 | |
| Shared Package | |
| ML16308A235 | List: |
| References | |
| COMSECY-16-0029 | |
| Download: ML16308A372 (13) | |
Text
Comparison of Draft Rulemaking Plan Template (October 2015) and Final Rulemaking Plan Template Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction 1 Purpose N/A The purpose of this paper is to Format requirement request Commission approval per MD 3.57.
to initiate a rulemaking about
<INSERT: brief description of topic>. This rulemaking would
<INSERT: a brief description of the proposed change to the NRCs regulations>.
2 Summary N/A <INSERT, if applicable: Format requirement per MD 3.57.
SUMMARY
A summary section is required on all papers that are six or more pages. Summarize the major issues, recommendations, etc.>.
3 Background N/A BACKGROUND: Format requirement per MD 3.57. This text In the staff requirements was the introductory memorandum (SRM) for SECY- text in the draft 15-0129, Commission template (October Involvement in Early Stages of 2015); it was revised to Rulemaking, dated February include actual (vs.
3, 2016, the Commission placeholder) approved institution of a information regarding requirement for a streamlined SECY-15-0129. The rulemaking plan in the form of text was also revised a SECY paper that would for clarity.
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Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction request Commission approval to initiate all rulemakings not The second paragraph already explicitly delegated to was the Background the staff as a staff-delegated section in the draft rulemaking (Accession No. template (October ML16056A614 in the NRCs 2015). The text was Agencywide Documents revised for clarity and Access and Management consistency in format System (ADAMS)). when providing Accordingly, the staff requests direction to author to approval to initiate a insert information.
rulemaking about <INSERT: a brief description of topic>. The text was also revised to include the
<INSERT: a summary of the additional guidance in reason to pursue rulemaking the comment bubbles.
(consider answering these questions: what is the current regulation, what is the problem with the current regulation, what is the high-level aim of the rulemaking/regulatory change (for example, would the rule enhance safety and/or reduce regulatory burden), what information about the policy issue is already available (this might include previous Commission direction, statutes, stakeholder feedback, etc.). Describe any 2
Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction internal or external drivers for rulemaking (e.g., new Congressional mandate, Executive Order, petition for rulemaking (PRM)>.
4 Discussion N/A Contains specific elements of Format requirement rulemaking plan. per MD 3.57.
5 Title Rulemaking Title <INSERT: title of proposed Revised for consistency rulemaking>. in format when providing direction to author to insert information.
6 Regulation Title 10 of the Code of <INSERT: all parts of the Code Revised for consistency Federal Regulations (10 CFR) of Federal Regulations that in format when Part X would be affected by this providing direction to proposed rulemaking>. author to insert information.
7 Estimated Initiate regulatory basis Initiate regulatory basis Staff proposes to Schedule phase-Month, Year phase<INSERT: Month, replace the milestones Complete regulatory basis- Year>. Complete Month, Year Complete regulatory basis proposed/final rules Complete proposed rule- <INSERT: Month, Year>. with Publish Month, Year Publish proposed rule proposed/final rules.
Complete final rule-Month, <INSERT: Month, Year>. The expectation is that Year Complete rulemaking Publish final rule<INSERT: all rulemaking plans action-Month, Year Month, Year>. will be publicly available; for members of public, the term Publish is more precise than Complete.
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Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction A typical agency rulemaking is complete once the final rule is published. Staff proposes to delete the final milestone as it would be redundant.
8 Preliminary [select one:] Based on the Common Revised based on SRM: In addition Priority High/Medium/Low priority Prioritization of Rulemaking direction in the SRM to listing a rulemaking activity using (CPR) prioritization for SECY-15-0129. preliminary the Common Prioritization of methodology (ADAMS priority, a brief Rulemaking (CPR) Accession No. ML15086A074), Revised for clarity, to discussion prioritization methodology. the preliminary priority for add ADAMS accession regarding the Rule priority can change over this rulemaking activity is number for basis for the time. Common reasons for a <SELECT: high/medium/low>. methodology, and for preliminary change in priority are new <INSERT: a brief discussion of consistency in format priority should Commission or senior the basis for the preliminary when providing also be provided.
management direction or priority determination>. The direction to author to changes in the rulemaking priority for a rulemaking insert information.
scope. activity can change over time.
Common reasons for a change in priority are new Commission or senior management direction or changes in the rulemaking scope.
9 Description and briefly describe (1-2 <INSERT: a discussion that Revised based on SRM: The Scope paragraphs may be defines the regulatory issue direction in the SRM "Description and sufficient) the regulatory (i.e., what CFR parts would for SECY-15-0129 and Scope" section of change including: why the change and who would be the JES. the template current regulation needs to affected), describes the should define the change, the number and type existing regulatory framework regulatory 4
Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction of affected regulated (i.e., regulations and Revised for consistency issue, describe the entities, CFR parts that would guidance), identifies in format when existing regulatory change. regulatory options and providing direction to framework, alternatives to rulemaking, author to insert identify regulatory and explains why rulemaking information. options and is preferable to these other alternatives to alternatives (i.e., what is the The text was also rulemaking, and benefit of the regulatory revised to include the also discuss why change; what is the benefit of additional guidance in rulemaking is using the rulemaking process; the comment bubbles. preferable to if the rule would not reduce these other burden, what types of alternatives.
additional costs might there be>. JES:
rulemaking plan that includes at a minimum the following components: the regulatory issue; the existing regulatory framework; an explanation of why rulemaking is the preferred solution to include a review of the options and alternatives; and a description of the rulemaking that 5
Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction includes the scope 10 Relationship of [briefly describe (1-2 N/A Staff proposes to the Work to the paragraphs may be delete this section NRCs Strategic sufficient): the impact on because it is Plan the Safety/Security goals, redundant. A impact on regulatory rulemakings efficiency; specify any new relationship to the mandate, statue, Executive NRCs Strategic Plan is order, international treaty, provided in the etc., that is driving the preliminary priority rulemaking. discussion because the CPR methodology is based on the NRCs Strategic Plan.
11 Costs and During the development of The proposed action is Revised based on JES: a Benefits the regulatory basis, the staff estimated to involve a direction in the JES. rulemaking plan will evaluate the potential <SELECT: high/medium/low> that allows the benefits and costs of the magnitude of costs through Revised for consistency Commission proposed change in <INSERT: a brief description in format when toensure that regulation. of the estimate of the providing direction to the benefits of the magnitude of the costs of the author to insert rulemaking proposed action>. The information. outweigh the proposed action is estimated costs.
to provide the following The text was also benefits: <INSERT: list and revised to include the describe the benefits (in terms additional guidance in of pros/cons) of the proposed the comment bubbles.
change>.
A note was added to clarify that a detailed cost and benefit 6
Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction analyses is not completed at the rulemaking plan phase.
12 Backfitting and The staffs expectation is that <INSERT: a brief description Revised based on SRM: Include a Issue Finality the rule will [select one] be of whether the staff expects direction in the SRM section containing necessary for adequate that the proposed change will for SECY-15-0129 and a preliminary protection/ will analyze costs constitute backfitting or a the JES. backfit analysis.
and benefits under backfit matter of issue finality. For regulations/ or backfit such matters, discuss whether Revised for consistency JES:
regulations do not apply. one or more of the exceptions in format when rulemaking
[Add a brief explanation if to preparing a backfit analysis providing direction to plan that includes the staff expects an adequate are likely to apply and be author to insert at a minimum the protection argument or if relied upon by the staff. information. following backfit regulations do not Otherwise, identify the components:
apply.] [NOTE: a backfit potential safety or security preliminary evaluation is not required at significance of the action, and backfit analysis, this stage.] the nature of the cost of the possible backfitting, to the extent known. Identify the bases for thediscussion of the significance and cost determination, or identify the information to be developed to support the backfitting determination>.
13 Cumulative N/A <INSERT: a preliminary Added based on SRM: Include a Effects of assessment of the cumulative direction in the SRM preliminary Regulation effects of regulation, to the for SECY-15-0129 and assessment of the extent known, including a the JES. cumulative effects description of any early of regulations stakeholder engagement upon (CER), to the which this assessment is extent known, 7
Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction based. Include in the including a discussion whether there are description of any any critical skill sets within the early stakeholder NRC or impacted entities that engagement upon will affect implementation, which this whether there are ongoing assessment is NRC activities that will impact based.
the implementation of the proposed change, and an JES: a overview of preliminary plans rulemaking plan for interactions with external that allows the stakeholders during the Commission development of the toassess the rulemaking>. cumulative effects of regulation, 14 Agreement State N/A <INSERT: a brief description Added based on SRM: Include a Considerations of any Agreement State direction in the SRM section on considerations and how they for SECY-15-0129. Agreement State will be addressed. All considerations.
rulemaking plans shall include Agreement State compatibility classifications for the proposed rule>.
15 Guidance The staff estimates that X The staff estimates that the Staff proposes to revise guidance document(s) will be following guidance this section to add updated document(s) will be updated clarity and to add in parallel with the in parallel with the new (vs. updated) rulemaking: [list the guidance rulemaking: <INSERT: a list guidance may need to documents] the guidance documents>. be created.
<INSERT, if applicable: The staff also estimates that new Revised for consistency guidance documents(s) on in format when 8
Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction
<INSERT: topic(s)> will need providing direction to to be developed in parallel author to insert with the rulemaking>. information.
16 Advisory N/A The staff recommends that Revised based on SRM: Include an Committee on <INSERT: the staffs direction in the SRM explicit question Reactor recommendation on the need for SECY-15-0129. to the Safeguards for ACRS review, including any Commission, and (ACRS) Review details of that review process recommendation such as timing>. if desired, on whether ACRS review of the proposed rule is warranted.
17 Committee to N/A The staff recommends that Revised based on While the SRM did Review Generic <INSERT: the staffs direction in the SRM not explicitly state Requirements recommendation on the need for SECY-15-0129. to include this in (CRGR) Review for CRGR review including any the rulemaking details of that review process Includes CRGR review plan template, it such as timing>. [NOTE: The trigger criteria. mirrors the rulemaking office will request Commissions a CRGR review of the direction on ACRS rulemaking package when any (Change # 16).
one of the following conditions is met:
- a. In the rulemaking plan, the staff indicated that the rulemaking would not constitute backfitting.
However, in developing the proposed rule, the staff identifies that a backfit is possible.
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Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction
- b. The regulatory basis identifies significant costs incurred as a result of the proposed rulemaking, and qualitative factors were used to justify the rulemaking.
- c. There is substantial uncertainty (in the statistical sense) in the quantitative benefit determination in the backfit analysis.
- d. The backfitting is justified or issue finality provisions in 10 CFR part 52 are avoided based on reliance on the compliance exception or adequate protection exception.
- e. The EDO directs that the CRGR review the rulemaking package, or substantive concerns have been raised by stakeholders or NRC staff regarding the backfit or regulatory analysis.]
18 Advisory N/A <INSERT, if applicable: This section was added Committee on for completeness and the Medical Use Advisory Committee on the will only be included if of Isotopes Medical Use of Isotopes applicable to the (ACMUI) (ACMUI) rulemaking.
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Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction The staff recommends that
<INSERT: the staffs recommendation on the need for ACMUI review, including any details of that review process such as timing>.
19 Analysis of Legal N/A <OGC will select, as Revised based on SRM: Include, as Matters appropriate: direction in the SRM an enclosure a for SECY-15-0129. summary OGC Enclosure 1 includes the Office analysis of legal of the General Counsels Template modified to matters.
analysis of legal matters recognize instances associated with this where no separate rulemaking. legal analysis is needed because OGC has OR reviewed the rulemaking plan and OGC has reviewed this has not identified any rulemaking plan and has not issues necessitating a identified any issues separate legal analysis necessitating a separate legal at this time.
analysis at this time>.
20 Commitment N/A If the Commission approves Revised based on new initiation of the rulemaking, in rulemaking tracking accordance with SECY and reporting 0042, Recommended direction.
Improvements for Rulemaking Tracking and Reporting, dated April 4, 2016 (ADAMS Accession No. ML16075A070),
the staff will add the rulemaking activity to the 11
Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction agencys rulemaking tracking tool.
21 Recommendation The staff requests permission The NRC staff recommends Revised based on See Change #s 16 to initiate rulemaking and to that the Commission approve direction in the SRM and 17.
add the rulemaking to the initiation of a rulemaking for SECY-15-0129.
CPR. about <INSERT: brief description of topic>. Revised for consistency in format when The staff also recommends providing direction to that the Commission approve author to insert its recommendations on information.
<SELECT: ACRS and CRGR review OR ACRS, CRGR, and ACMUI review>.
22 Resources See Enclosure 1 Enclosure 2 includes an Renumbered due to estimate of the resources addition of new If the Commission approves needed to complete this Enclosure 1 and text initiation of rulemaking, the rulemaking. revised for clarity.
staff will add the rule to the Some of the text CPR during the next budget revised and moved to formulation cycle. Commitment section (Change # 19 above).
23 Coordination The Office of the Chief The Office of the General Revised for clarity and Financial Officer has Counsel has no legal objection consistency with other reviewed this paper for to this action. The Office of Commission papers.
resource implications and the Chief Financial Officer has Revised to reflect new has no objections. The Office reviewed this paper and has Resources Enclosure.
of General Counsel has no concerns with the reviewed this paper and has estimated resources in no legal objections. Enclosure 2.
24 Comment NRC template Bubbles convention is to 12
Change # Section Draft Template Language Final Template Language Explanation of SRM and/or JES Changes Direction provide usage guidance in Comment Bubbles.
Because the template was provided to Congress, staff removed this marginal annotation as it could be confusing. Staff added the usage guidance to the specific sections as in-line text.
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