ML20052D641

Rroar FRN 85 Fr 6103

ML20052D641
Person / Time
Issue date:	02/04/2020
From:	Office of Nuclear Material Safety and Safeguards
To:
Andrew Carrera, NRR/NMSS 415-1078
Shared Package
ML20052D487	List: ML20052D596 ML20052D641
References
STC-20-011
Download: ML20052D641 (4)

Text

Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules 6103 DATES: The comment period for the documents, including public comments, until February 18, 2020, to provide NOPR published on December 6, 2019 in the docket. interested parties additional time to (84 FR 67106) is extended. DOE will FOR FURTHER INFORMATION CONTACT: Mr. prepare and submit comments.

accept comments, data, and information Jeremy Dommu, U.S. Department of Comments received between the regarding this request for information Energy, Office of Energy Efficiency and original February 4, 2020, closing date received no later than February 18, Renewable Energy, Building and the new February 18, 2020, closing 2020. Technologies Office, EE-2J, 1000 date are considered timely filed.

Independence Avenue SW, Washington, Therefore, individuals who submitted ADDRESSES: Interested persons are DC 20585-0121. Telephone: (202) 586- late comments during the original encouraged to submit comments using 9870. Email comment period do not need to re-the Federal eRulemaking Portal at ApplianceStandardsQuestions@ submit comments.

http://www.regulations.gov. Follow the instructions for submitting comments. ee.doe.gov. Signed in Washington, DC, on January 27, Mr. Michael Kido, U.S. Department of 2020.

Alternatively, interested persons may Energy, Office of the General Counsel, Alexander N. Fitzsimmons, submit comments, identified by docket GC-33, 1000 Independence Avenue SW, Acting Deputy Assistant Secretary for Energy number EERE-2019-BT-TP-2012, by Washington, DC 20585-0121. Efficiency, Energy Efficiency and Renewable any of the following methods:

Telephone: (202) 586-8145. Email: Energy.

(1) Federal eRulemaking Portal: Michael.Kido@hq.doe.gov.

http://www.regulations.gov. Follow the [FR Doc. 2020-02122 Filed 2-3-20; 8:45 am]

For further information on how to instructions for submitting comments. submit a comment or review other BILLING CODE 6450-01-P (2) Email: EPS2019TP0012@ public comments and the docket contact ee.doe.gov. Include the docket number the Appliance and Equipment EERE-2019-BT-TP-2012 or regulatory NUCLEAR REGULATORY Standards Program staff at (202) 287-information number (RIN) 1904-AD86 COMMISSION 1445 or by email:

in the subject line of the message. ApplianceStandardsQuestions@ 10 CFR Chapter I (3) Postal Mail: Appliance and ee.doe.gov.

Equipment Standards Program, U.S. [NRC-2017-0214]

SUPPLEMENTARY INFORMATION: On Department of Energy, Building December 6, 2019, DOE published a Retrospective Review of Technologies Office, Mailstop EE-5B, notice of proposed rulemaking Administrative Requirements 1000 Independence Avenue SW, (NOPR) to revise its test procedure for Washington, DC 20585-0121. AGENCY: Nuclear Regulatory testing the energy efficiency of a Telephone: (202) 287-1445. If possible, Commission.

regulated external power supply please submit all items on a compact ACTION: Request for comment.

(EPS). 84 FR 67106. The NOPR raised disc (CD), in which case it is not a variety of definitional issues, necessary to include printed copies.

SUMMARY

The U.S. Nuclear Regulatory including the possibility of adding a (4) Hand Delivery/Courier: Appliance definition for commercial and Commission (NRC) is conducting a and Equipment Standards Program, U.S. industrial power supply to DOEs retrospective review of administrative Department of Energy, Building regulations to differentiate between requirements to identify outdated or Technologies Office, 950 LEnfant Plaza EPSs and other non-consumer power duplicative administrative requirements SW, Suite 600, Washington, DC 20024. supplies that are not subject to the test that may be eliminated without an Telephone: (202) 287-1445. If possible, procedure. The proposal also sought adverse effect on public health or safety, please submit all items on a CD, in feedback on how to address an adaptive common defense and security, which case it is not necessary to include EPS that conforms to the Universal protection of the environment, or printed copies. Serial Bus Power Delivery (USB-PD regulatory efficiency and effectiveness.

No telefacsimilies (faxes) will be EPS) specifications in a manner more The NRC is requesting input from its accepted. For detailed instructions on representative of its actual use. Further, licensees and members of the public on submitting written comments and the NOPR sought feedback regarding any administrative requirements that additional information on the proposed instructions for testing single- may be outdated or duplicative in rulemaking process, see section V of the voltage EPSs that have multiple output nature. The NRC will use five criteria to proposal published on December 6, busses. Lastly, DOE proposed to evaluate any public input under this 2019. reorganize the test procedure to retrospective review of administrative Docket: The docket, which includes centralize definitions, consolidate requirements initiative for possible Federal Register notices, public meeting generally applicable requirements, and revision or elimination to reduce burden attendee lists and transcripts, better delineate requirements for single- on regulated entities and the NRC.

comments, and other supporting voltage, multiple-voltage, and adaptive DATES: Submit comments by April 6, documents/materials, is available for EPSs. 2020. Comments received after this date review at http://www.regulations.gov. The USB Implementers Forum, Inc. will be considered if it is practical to do All documents in the docket are listed (USB-IF), an organization supporting so, but the NRC is able to ensure in the http://www.regulations.gov index. the advancement and adoption of USB consideration only for comments However, some documents listed in the received on or before this date. The NRC khammond on DSKJM1Z7X2PROD with PROPOSALS technology, requested a two-week index, such as those containing extension of the public comment period will not prepare written responses to information that is exempt from public for the NOPR (USB-IF, No. 6, at p. 1) each individual comment but will disclosure, may not be publicly on January 21, 2020. consider the comments in completing available. The docket web page can be DOE believes that extending the the retrospective review.

found at http://www.regulations.gov/ comment period to allow additional ADDRESSES: You may submit comments docket?D=EERE-2019-BT-TP-0012. The time for interested parties to submit by any of the following methods:

docket web page will contain simple comments is appropriate. Therefore,

• Federal Rulemaking Website: Go to instructions on how to access all DOE is extending the comment period https://www.regulations.gov and search VerDate Sep<11>2014 16:10 Feb 03, 2020 Jkt 250001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1

6104 Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules for Docket ID NRC-2017-0214. Address materials referenced in this document On May 3, 2018 (83 FR 19464), the questions about NRC dockets to Carol are provided in the Availability of NRC published a Federal Register Gallagher; telephone: 301-415-3463; Documents section. notice (FRN) seeking public comment email: Carol.Gallagher@nrc.gov. For

• NRCs PDR: You may examine and on draft criteria the NRC would use to technical questions contact the purchase copies of public documents at evaluate potential changes to individuals listed in the FOR FURTHER the NRCs PDR, Room O1-F21, One regulations under the retrospective INFORMATION CONTACT section of this White Flint North, 11555 Rockville review. The FRN also discussed the document. Pike, Rockville, Maryland 20852. process the NRC would use to conduct

• Email comments to: B. Submitting Comments the review of administrative Rulemaking.Comments@nrc.gov. If you requirements. On May 31, 2018, during do not receive an automatic email reply Please include Docket ID NRC-2017- the public comment period for the draft confirming receipt, then contact us at 0214 in your comment submission. criteria, the NRC conducted a public 301-415-1677. The NRC cautions you not to include meeting to discuss the effort and the

• Fax comments to: Secretary, U.S. identifying or contact information that draft criteria. Participants included Nuclear Regulatory Commission at 301- you do not want to be publicly industry representatives, members of 415-1101. disclosed in your comment submission.

the public, and NRC staff. Additional

• Mail comments to: Secretary, U.S. The NRC will post all comment information on this meeting can be Nuclear Regulatory Commission, submissions at https://

found in the meeting summary listed in Washington, DC 20555-0001, ATTN: www.regulations.gov and will enter the the Availability of Documents section of Rulemakings and Adjudications Staff. comment submissions into ADAMS.

this document.

• Hand deliver comments to: 11555 The NRC does not routinely edit comment submissions to remove The NRC received six public Rockville Pike, Rockville, Maryland comments and considered them in the 20852, between 7:30 a.m. and 4:15 p.m. identifying or contact information.

If you are requesting or aggregating final evaluation criteria provided to the (Eastern Time) Federal workdays; Commission for review and approval in telephone: 301-415-1677. comments from other persons for submission to the NRC, then you should COMSECY-18-0027, Evaluation For additional direction on obtaining Criteria for Retrospective Review of information and submitting comments, inform those persons not to include identifying or contact information that Administrative Regulations, dated see Obtaining Information and November 16, 2018. Enclosure 1 of Submitting Comments in the they do not want to be publicly disclosed in their comment submission. COMSECY-18-0027 described changes SUPPLEMENTARY INFORMATION section of Your request should state that the NRC to the evaluation criteria that resulted this document. from the public comments. In the FOR FURTHER INFORMATION CONTACT:

does not routinely edit comment submissions to remove such information October 8, 2019, staff requirements Andrew Carrera, telephone: 301-415- memorandum to COMSECY-18-0027, 1078; email: Andrew.Carrera@nrc.gov or before making the comment submissions available to the public or the Commission approved the staffs Pamela Noto, telephone: 301-415-6795; recommended criteria, which are email: Pamela.Noto@nrc.gov. Both are entering the comment into ADAMS.

provided in the Discussion section of staff of the Office of Nuclear Material II. Background this document.

Safety and Safeguards, U.S. Nuclear On August 11, 2017, the NRC issued Regulatory Commission, Washington, III. Discussion a press release, NRC To Review Its DC 20555-0001. Administrative Regulations, to This document requests input from SUPPLEMENTARY INFORMATION: announce that in the fall of 2017, the the public on administrative regulations I. Obtaining Information and agency would be initiating a that the NRC should consider revising Submitting Comments retrospective review of its or eliminating and announces the final administrative regulations to identify evaluation criteria that the NRC will use A. Obtaining Information those rules that are outdated or as a guideline to evaluate potential Please refer to Docket ID NRC-2017- duplicative. The goal of the review is to changes.

0214 when contacting the NRC about optimize the management and Potential Changes to Administrative the availability of information for this administration of regulatory activities Requirements action. You may obtain publicly and to ensure that the agencys available information related to this regulations remain current and effective. The NRC is reviewing existing action by any of the following methods: The review is intended to identify administrative regulations to identify

• Federal Rulemaking Website: Go to regulatory changes that are those requirements that may be obsolete https://www.regulations.gov and search administrative in nature that will make or unnecessarily burdensome. In the for Docket ID NRC-2017-0214. information submission, recordkeeping, context of this initiative, the term

• NRCs Agencywide Documents and reporting processes more efficient burden refers to labor or monetary Access and Management System for the NRC, applicants, and regulated costs that regulated entities, the NRC, or (ADAMS): You may obtain publicly entities. The strategy takes into both, incur to implement NRC available documents online in the consideration the agencys overall regulations. To guide the scope of this ADAMS Public Documents collection at statutory responsibilities, including review, the NRC will use the evaluation https://www.nrc.gov/reading-rm/ mandates to issue new regulations, the criteria outlined in the section khammond on DSKJM1Z7X2PROD with PROPOSALS adams.html. To begin the search, select number of regulations in chapter I of Finalized Criteria for Evaluating Begin Web-based ADAMS Search. For title 10 of the Code of Federal Potential Changes to Administrative problems with ADAMS, please contact Regulations (10 CFR), and available Regulations in this document. The the NRCs Public Document Room (PDR) resources. Once identified, the NRC is requesting public input to reference staff at 1-800-397-4209, 301- regulations will be evaluated to identify potential changes to 415-4737, or by email to pdr.resource@ determine whether they may be revised administrative requirements that would nrc.gov. For the convenience of the or eliminated without impacting the be consistent with the evaluation reader, instructions about obtaining agencys mission. criteria.

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Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules 6105 To help facilitate a thorough and 1. Submittals resulting from routine Include the 10 CFR part, section, and informed consideration of input, and periodic recordkeeping and paragraph(s).

commenters are encouraged to identify reporting requirements, such as 2. How should the NRC change the the specific requirement that should be directives to submit recurring reports, regulations? Can the regulation be made considered for revision or elimination, which the NRC has not consulted or less burdensome, or should it be the associated rationale, and an estimate referenced in programmatic operations eliminated entirely? If possible, provide of the burden that would be eliminated or policy development in the last 3 specific language showing how the or reduced. The NRC is particularly years. regulatory text might be changed to interested in identifying changes to 2. Requirements for reports or records reduce burden. Describe how the administrative regulations that could that contain information reasonably evaluation criteria would apply to the have a broad impact and potentially accessible to the agency from alternative proposed change(s).

significant reduction in burden. For resources, which as a result may be 3. What is the basis for the proposed example, a change to an administrative candidates for elimination. change? Provide a rationale for why the requirement that impacts multiple 3. Requirements for reports or records requirement might be obsolete or overly regulated entities over a long timeframe that could be modified to result in burdensome and any relevant will generally be more likely to achieve reduced burden without impacting supporting data.

a significant reduction in burden programmatic needs, regulatory 4. What burden is associated with the compared to an administrative efficiency, or transparency, through: (a) administrative requirements? Provide a requirement that affects a single Less frequent reporting, (b) shortened quantitative basis for the burden in regulated entity one time. record retention periods, (c) requiring terms of costs or labor hours, if entities to maintain a record rather than available.

All comments received that are within submit a report, or (d) implementing 5. How would the suggested change the scope of this review will be another mechanism that reduces burden reduce burden? Would it result in a one-considered and used, as appropriate, to for collecting or retaining information. time reduction in burden, a reduction in inform the staffs actions and applicable burden for multiple years, or an ongoing recommendations to the Commission. 4. Recordkeeping and reporting reduction in burden? Provide This review will only consider existing requirements that result in significant supporting justification.

NRC regulations, so the public should burden.

not use this process to submit comments 5. Reports or records that contain V. Public Meetings on a proposed rule or recommend new information used by other Federal The NRC plans to hold two public requirements. agencies, State and local governments, meetings during this public comment or Federally recognized Tribes will be period to discuss the request for input.

Finalized Criteria for Evaluating dropped from the review provided the The NRC will publish a notice Potential Changes to Administrative information collected is necessary to providing the location, time, and agenda Regulations support the NRCs mission or to fulfill of the future public meetings on https://

The NRC has developed final criteria a binding NRC obligation. www.Regulations.gov and on the NRCs with which to evaluate potential IV. Specific Questions public meeting website at least 10 regulatory changes to be included in the calendar days before each meeting.

retrospective review. Although the The NRC is providing an opportunity Stakeholders should monitor the NRCs criteria will serve as a useful guideline for the public to submit input to help public meeting website (https://

in identifying administrative identify administrative regulations for www.nrc.gov/public-involve/public-requirements that should be considered potential modification or elimination meetings/index.cfm) for information for modification or elimination, the NRC that would result in potentially about the public meetings.

will also consider programmatic reducing burden on regulated entities, experience, intent of the requirement, the NRC, or both. The NRC is VI. Availability of Documents impact to the NRCs mission, and particularly interested in gathering The documents identified in the overall impact to resources when input on the following questions: following table are available to determining whether to pursue a change 1. Which administrative regulations interested persons through one or more to the regulations. The final criteria are: should the NRC consider changing? of the following methods, as indicated.

ADAMS accession Document No./FR Citation Press Release No.17-036, NRC to Review Its Administrative Regulations, dated August 11, 2017 ..................................... ML17243A126 Federal Register notice, Review of Administrative Rules, dated May 3, 2018 ........................................................................ 83 FR 19464 Meeting summary, Public Meeting to Discuss the NRCs Retrospective Review of Administrative Requirements, dated May 31, 2018 ..................................................................................................................................................................................... ML18170A135 COMSECY-18-0027, Evaluation Criteria for Retrospective Review of Administrative Regulations, dated November 16, 2018 ........................................................................................................................................................................................... ML18227A120 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 ............................................................................. ML18261A173 khammond on DSKJM1Z7X2PROD with PROPOSALS Staff Requirements Memorandum to COMSECY-18-0027, Evaluation Criteria for Retrospective Review of Administrative Regulations, dated October 8, 2019 ........................................................................................................................................ ML19281C697 The NRC may post documents related under Docket ID NRC-2017-0214. The subscribe: (1) Navigate to the docket to this initiative, including public Federal Rulemaking website allows you folder (NRC-2017-0214); (2) click the comments, on the Federal Rulemaking to receive alerts when changes or Sign up for Email Alerts link; and (3) website at https://www.regulations.gov additions occur in a docket folder. To enter your email address and select how VerDate Sep<11>2014 16:10 Feb 03, 2020 Jkt 250001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\04FEP1.SGM 04FEP1

6106 Federal Register / Vol. 85, No. 23 / Tuesday, February 4, 2020 / Proposed Rules frequently you would like to receive determination on whether it will Enforcing the Regulatory Reform emails (daily, weekly, or monthly). publish the information. Agenda, which further emphasized the Dated at Rockville, Maryland, this 22nd FOR FURTHER INFORMATION CONTACT: goal of the Administration to alleviate day of January, 2020. Khem Sharma, Chief, Office of Size the regulatory burdens placed on the For the Nuclear Regulatory Commission. Standards, (202) 205-7189 or public. Under Executive Order 13777, Margaret M. Doane, khem.sharma@sba.gov. agencies must evaluate their existing Executive Director for Operations. SUPPLEMENTARY INFORMATION: regulations to determine which ones

[FR Doc. 2020-02025 Filed 2-3-20; 8:45 am]

should be repealed, replaced, or I. Background Information modified. In doing so, agencies should BILLING CODE 7590-01-P A. Service-Disabled Veteran-Owned focus on identifying regulations that, Small Business Concern Program among other things: eliminate jobs or This program allows agencies to set inhibit job creation; are outdated, SMALL BUSINESS ADMINISTRATION unnecessary, or ineffective; impose aside contracts for SDVO SBCs. Under 13 CFR Part 125 this program, Federal agencies may also costs that exceed benefits; create a award sole source contracts to SDVO serious inconsistency or otherwise RIN 3245-AH14 interfere with regulatory reform SBCs so long as the award can be made at a fair and reasonable price and the initiatives and policies; or are associated Regulatory Reform Initiative: with Executive Orders or other Government Contracting Programs anticipated total value of the contract, including any options, is below $4 Presidential directives that have been AGENCY: U.S. Small Business million ($6.5 million for manufacturing rescinded or substantially modified.

Administration (SBA). contracts). For purposes of this program, SBA has engaged in this process and has ACTION: Proposed rule. veterans and service-related disabilities identified the regulations in this are defined as they are under the rulemaking as appropriate for removal

SUMMARY

The U.S. Small Business statutes governing veterans affairs. In in accordance with Executive Order Administration (SBA) is proposing to FY2017, the Federal Government 13777.

remove from the Code of Federal awarded $18.2 billion to SDVO SBCs:

Regulations (CFR) four regulations in * $6.8 billion was awarded through II. Section-by-Section Analysis the Service-Disabled Veteran-Owned SDVO SBC set-aside awards; Section 125.15 May an SDVO SBC (SDVO) Small Business Concern (SBC) * $4.3 billion was awarded to SDVO have affiliates?

Program that are no longer necessary SBCs in full-and-open competitions; because they are unnecessary or and Section 125.15 provides that an SDVO redundant. The removal of these * $7.1 billion was awarded through SBC may have affiliates. This rule is regulations will assist the public by awards with another small business redundant because whether an SDVO simplifying SBAs regulations in the preference (set-asides or sole source SBC can have an affiliate is addressed CFR. awards for small businesses generally or in 13 CFR 121.103, the general rules of DATES: Comments must be received on awards reserved for HUBZone firms, affiliation.

or before April 6, 2020. 8(a) firms, and WOSBs).

There are currently 21,750 active Section 125.16 May 8(a) program ADDRESSES: You may submit comments, certified SDVO SBCs. participants, HUBZone SBCs, small and identified by RIN: 3245-AH14, by any SBA is proposing to remove from the disadvantaged businesses, or women-of the following methods: Code of Federal Regulations (CFR) four owned small businesses qualify as

• Federal eRulemaking Portal: http:// regulations that are no longer necessary SDVO SBCs?

www.regulations.gov. Follow the because they are unnecessary or are instructions for submitting comments. covered elsewhere in SBAs regulations. Section 125.16 states that an SDVO

• Mail or Hand Delivery/Courier: These four regulations govern SBAs SBC may qualify for other SBA Brenda Fernandez, Office of Policy, SDVO SBC Program. contracting programs. This regulation is Planning and Liaison, Office of unnecessary because the requirements Government Contracting and Business B. Executive Order 13771 for an SDVO SBC to qualify for other Development, U.S. Small Business On January 30, 2017, the President programs are addressed in the rules on Administration, 409 Third Street SW, signed Executive Order 13771, Reducing eligibility for those specific programs.

Washington, DC 20416. Regulation and Controlling Regulatory SBA will post all comments on http:// Costs, which, among other objectives, is Section 125.19 Does SDVO SBC status www.regulations.gov. If you wish to intended to ensure that an agencys guarantee receipt of a contract?

submit confidential business regulatory costs are prudently managed Section 125.19 states that an SDVO information (CBI), as defined in the User and controlled so as to minimize the SBC is not guaranteed receipt of a Notice at http://www.regulations.gov, compliance burden imposed on the contract. This provision is unnecessary please submit the information to Brenda public. For every new regulation an because nothing in SBAs regulations Fernandez, Office of Policy, Planning agency proposes to implement, unless and Liaison, Office of Government indicates that qualification as an SDVO prohibited by law, this Executive Order SBC entitles a firm to a contract.

Contracting and Business Development, khammond on DSKJM1Z7X2PROD with PROPOSALS requires the agency to (i) identify at 409 Third Street SW, Washington, DC least two existing regulations that the Section 125.20 Who decides if a 20416, or send an email to agency can cancel; and (ii) use the cost contract opportunity for SDVO Brenda.fernandez@sba.gov. Highlight savings from the cancelled regulations competition exists?

the information that you consider to be to offset the cost of the new regulation.

CBI and explain why you believe SBA Section 125.20 is redundant because should hold this information as C. Executive Order 13777 13 CFR 125.22 and 125.23 already confidential. SBA will review the On February 24, 2017, the President provide that contracting officers make information and make the final issued Executive Order 13777, SDVO SBC competition decisions.

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