[Federal Register Volume 87, Number 45 (Tuesday, March 8, 2022)]
[Rules and Regulations]
[Page 12853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04813]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules
and Regulations
[[Page 12853]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 11, 25, and 95
[NRC-2020-0133]
RIN 3150-AK49
Access Authorization Fees
AGENCY: Nuclear Regulatory Commission.
ACTION: Direct final rule; withdrawal.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing a
direct final rule that would have updated the access authorization fees
charged to NRC licensees for work performed under the Material Access
Authorization Program and the Information Access Authority Program. The
direct final rule also would have made two administrative changes to
revise definitions to include new naming conventions for background
investigation case types and to specify the electronic process for
completing security forms. The NRC is taking this action because it has
received a significant adverse comment in response to the companion
proposed rule that was published with the direct final rule.
DATES: Effective March 8, 2022, the NRC withdraws the direct final rule
published at 86 FR 73631 on December 28, 2021.
ADDRESSES: Please refer to Docket ID NRC-2020-0133 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-2020-0133. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individual listed in the FOR FURTHER INFORMATION CONTACT section of
this document.
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, at 301-415-4737,
or by email to [email protected]. The ADAMS accession number for
each document referenced (if it is available in ADAMS) is provided the
first time that it is mentioned in the SUPPLEMENTARY INFORMATION
section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[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.
FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington DC 20555-0001, telephone: 301-415 8342, email:
[email protected].
SUPPLEMENTARY INFORMATION: On December 28, 2021 (86 FR 73631), the NRC
published in the Federal Register a direct final rule that would have
amended parts 11, 25, and 95 of title 10 of the Code of Federal
Regulations to update the access authorization fees charged to NRC
licensees for work performed under the Material Access Authorization
Program and the Information Access Authority Program. The direct final
rule also would have made two administrative changes to revise
definitions to include new naming conventions for background
investigation case types and to specify the electronic process for
completing security forms. The direct final rule was to become
effective on March 14, 2022.
The NRC also concurrently published a companion proposed rule on
December 28, 2022 (86 FR 73685). In the proposed rule, the NRC stated
that if any significant adverse comments were received, then the NRC
would withdraw the direct final rule by publishing a notice in the
Federal Register. In that event, the direct final rule would not take
effect.
The NRC received a significant adverse comment on the proposed rule
that accompanied the direct final rule; therefore the NRC is
withdrawing the direct final rule. The comment was submitted by the
Nuclear Energy Institute, a private organization. The comment (ADAMS
Accession No. ML22025A233) is available at www.regulations.gov by
searching on Docket ID NRC-2020-0133. The comment states that the
direct final rule did not provide sufficient information to explain the
proposed increase in authorization fees. Specifically, the comment
questions why the NRC selected the revised number and how authorization
applications are becoming more complex. Additionally, the comment
requests that the NRC consider phasing in the proposed fee increase and
takes issue with the direct final rule's conclusion that the NRC has
not adjusted its fees since 2012. The NRC considers the comment to be a
significant adverse comment as defined in Section II, Rulemaking
Procedure, of the direct final rule because the comment raises an issue
serious enough to warrant a substantive response to clarify or complete
the record.
As stated in the December 28, 2021, proposed rule, the NRC will
address the comment in a subsequent final rule. The NRC will not
initiate a second public comment period on this action.
Dated: March 2, 2022.
For the Nuclear Regulatory Commission.
Daniel H. Dorman,
Executive Director for Operations.
[FR Doc. 2022-04813 Filed 3-7-22; 8:45 am]
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