[Federal Register Volume 88, Number 112 (Monday, June 12, 2023)]
[Notices]
[Pages 38106-38108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12403]


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NUCLEAR REGULATORY COMMISSION

[NRC-2023-0033]


Information Collection: Notices of Enforcement Discretion (NOEDs) 
for Operating Power Reactors and Gaseous Diffusion Plants (NRC 
Enforcement Policy)

AGENCY: Nuclear Regulatory Commission.

[[Page 38107]]


ACTION: Renewal of existing information collection; request for 
comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) invites public 
comment on the renewal of Office of Management and Budget (OMB) 
approval for an existing collection of information. The information 
collection is entitled, ``Notices of Enforcement Discretion (NOEDs) for 
Operating Power Reactors and Gaseous Diffusion Plants (NRC Enforcement 
Policy).''

DATES: Submit comments by August 11, 2023. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
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; 
however, the NRC encourages electronic comment submission through the 
Federal rulemaking website:
     Federal rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2023-0033. 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.
     Mail comments to: David C. Cullison, Office of the Chief 
Information Officer, Mail Stop: T-6 A10M, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.
    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: David C. Cullison, Office of the Chief 
Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001; telephone: 301-415-2084; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2023-0033 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-2023-0033. A copy of 
the collection of information and related instructions may be obtained 
without charge by accessing Docket ID NRC-2023-0033 on this website.
     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, 301-415-4737, or 
by email to [email protected]. A copy of the collection of 
information and related instructions may be obtained without charge by 
accessing ADAMS Accession ML22056A177 and ML19193A023. The supporting 
statement is available in ADAMS under Accession No. ML23027A030.
     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 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.
     NRC's Clearance Officer: A copy of the collection of 
information and related instructions may be obtained without charge by 
contacting the NRC's Clearance Officer, David C. Cullison, Office of 
the Chief Information Officer, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-2084; email: 
[email protected].

B. Submitting Comments

    The NRC encourages electronic comment submission through the 
Federal rulemaking website (https://www.regulations.gov). Please 
include Docket ID NRC-2023-0033, in your comment submission.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed in your comment submission. All comment submissions are 
posted at https://www.regulations.gov and entered into ADAMS. Comment 
submissions are not routinely edited 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 comment submissions are not routinely edited to remove such 
information before making the comment submissions available to the 
public or entering the comment into ADAMS.

II. Background

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the NRC is requesting public comment on its intention to 
request the OMB's approval for the information collection summarized 
below.
    1. The title of the information collection: Notices of Enforcement 
Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion 
Plants (NRC Enforcement Policy).
    2. OMB approval number: 3150-0136.
    3. Type of submission: Extension.
    4. The form number, if applicable: Not applicable.
    5. How often the collection is required or requested: On occasion.
    6. Who will be required or asked to respond: Those licensees that 
voluntarily request enforcement discretion through the NOED process.
    7. The estimated number of annual responses: 8 (4 reporting 
responses + 4 recordkeepers).
    8. The estimated number of annual respondents: 4.
    9. The estimated number of hours needed annually to comply with the 
information collection requirement or request: 680 (600 reporting + 80 
recordkeeping).
    10. Abstract: The NRC's Enforcement Policy includes the 
circumstances in which the NRC may grant a NOED. On occasion, 
circumstances arise when a power plant licensee's compliance with a 
Technical Specification (TS) Limiting Condition for Operation or any 
other license condition would involve an unnecessary plant shutdown or 
transient. Similarly, for a gaseous diffusion plant, circumstances may 
arise where compliance with a Technical Safety Requirement (TSR) or 
other condition would unnecessarily call for a total plant shutdown, or 
compliance would unnecessarily place the plant in a condition where 
safety, safeguards, or security features were degraded or inoperable. 
In these circumstances, a licensee or certificate holder may request 
that the NRC exercise enforcement discretion, and the NRC staff may 
choose not to enforce the applicable TS, TSR, or other license or 
certificate condition. This enforcement discretion is designated as a 
NOED. A licensee or certificate holder seeking the issuance of a NOED 
must justify, in accordance with NRC Enforcement

[[Page 38108]]

Manual (ADAMS Accession No. ML22056A177), 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, and does not involve adverse consequences 
to the environment, and any other information the NRC staff deems 
necessary before making a decision to exercise discretion.

III. Specific Requests for Comments

    The NRC is seeking 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? Please explain your answer.
    2. Is the estimate of the burden of the information collection 
accurate? Please explain your answer.
    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 on respondents 
be minimized, including the use of automated collection techniques or 
other forms of information technology?

    Dated: June 6, 2023.

    For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief Information Officer.
[FR Doc. 2023-12403 Filed 6-9-23; 8:45 am]
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