[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Notices]
[Page 26318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11110]



[[Page 26318]]

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 NUCLEAR REGULATORY COMMISSION

[Docket No. NRC-2011-0053]


Agency Information Collection Activities: Proposed Collection; 
Comment Request

AGENCY: U.S. Nuclear Regulatory Commission (NRC).

ACTION: Notice of pending NRC action to submit an information 
collection request to the Office of Management and Budget (OMB) and 
solicitation of public comment.

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SUMMARY: The NRC invites public comment about our intention to request 
the OMB's approval for renewal of an existing information collection 
that is summarized below. We are required to publish this notice in the 
Federal Register under the provisions of the Paperwork Reduction Act of 
1995 (44 U.S.C. Chapter 35).
    Information pertaining to the requirement to be submitted:
    1. The title of the information collection: Notice of Enforcement 
Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion 
Plants (GDP) (NRC Enforcement Policy).
    2. Current OMB approval number: 3150-0136.
    3. How often the collection is required: On occasion.
    4. Who is required or asked to report: Nuclear power reactor 
licensees and gaseous diffusion plant certificate holders.
    5. The number of annual respondents: Approximately 11.
    6. The number of hours needed annually to complete the requirement 
or request: 1,705.
    7. Abstract: The NRC's Enforcement Policy addresses circumstances 
in which the NRC may exercise enforcement discretion. A specific type 
of enforcement discretion is designated as a NOED and relates to 
circumstances which may arise where a nuclear power plant licensee's 
compliance with a Technical Specification Limiting Condition for 
Operation or other license conditions would involve: (1) An unnecessary 
plant shutdown; (2) performance of testing, inspection, or system 
realignment that is inappropriate for the specific plant conditions; or 
(3) unnecessary delays in plant startup without a corresponding health 
and safety benefit. Similarly, for a gaseous diffusion plant, 
circumstances may arise where compliance with a Technical Safety 
Requirement or other condition would unnecessarily require a total 
plant shutdown, or, compliance would unnecessarily place the plant in a 
condition where safety, safeguards, or security features were degraded 
or inoperable.
    A licensee or certificate holder seeking the issuance of a NOED, 
must document the safety basis for the request, including: An 
evaluation of the safety significance and potential consequences of the 
proposed request, a description of proposed compensatory measures, a 
justification for the duration of the request, the basis for the 
licensee's or certificate holder's conclusion that the request does not 
have a potential adverse impact on the public health and safety, that 
there will be no adverse consequences to the environment, and any other 
information the NRC staff deems necessary before the NRC staff makes a 
decision whether to exercise discretion.
    In addition, the NRC's Enforcement Policy includes a provision 
allowing licensees to voluntarily adopt fire protection requirements 
contained in the National Fire Protection Association Standard 805, 
``Performance Based Standard for Fire Protection for Light Water 
Reactor Electric Generating Plants, 2001 Edition'' (NFPA 805). 
Licensees who wish to implement the risk-informed process in NFPA 805 
must submit a letter of intent (LOI) to the NRC. Licensees who wish to 
withdraw from the NFPA 805 risk-informed process must submit a letter 
of retraction.
    Submit, by July 5, 2011, comments that address the following 
questions:
    1. Is the proposed collection of information necessary for the NRC 
to properly perform its functions? Does the information have practical 
utility?
    2. Is the burden estimate accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection be minimized, 
including the use of automated collection techniques or other forms of 
information technology?
    The public may examine and have copied, for a fee, publicly 
available documents, including the draft supporting statement, at the 
NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests 
are available at the NRC Web site: http://www.nrc.gov/public-involve/doc-omment/omb/index.html. The document will be available on the NRC 
Web site for 60 days after the signature date of this notice. Comments 
submitted in writing or in electronic form will be made available for 
public inspection. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including any information in your submission that you do not want to be 
publicly disclosed. Comments submitted should reference Docket No. NRC-
2011-0053. You may submit your comments by any of the following 
methods. Electronic comments: Go to http://www.regulations.gov and 
search for Docket No. NRC-2011-0053. Mail comments to NRC Clearance 
Officer, Tremaine Donnell (T-5F53), U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.
    Questions about the information collection requirements may be 
directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone 
at 301-415-6258, or by email to [email protected].

    For the Nuclear Regulatory Commission.
Tremaine Donnell,
NRC Clearance Officer, Office of Information Services.
[FR Doc. 2011-11110 Filed 5-5-11; 8:45 am]
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