[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Rules and Regulations]
[Pages 60565-60566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19009]
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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. 88, No. 170 / Tuesday, September 5, 2023 /
Rules and Regulations
[[Page 60565]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 140
[NRC-2023-0110]
RIN 3150-AL01
Inflation Adjustments to the Price-Anderson Act Financial
Protection Regulations
AGENCY: Nuclear Regulatory Commission.
ACTION: Final rule.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to adjust for inflation the maximum total and annual
standard deferred premiums specified in the Price-Anderson Act. The NRC
must perform this adjustment at least once during each 5-year period
following August 20, 2003, as mandated by the Atomic Energy Act of
1954, as amended (AEA).
DATES: This final rule is effective on October 5, 2023.
ADDRESSES: Please refer to Docket ID NRC-2023-0110 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-2023-0110. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individuals 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: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. 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, Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Stewart Schneider, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-4123, email:
[email protected] and Mable Henderson, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-3760, email:
[email protected]. Both are employees of the NRC.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Discussion
III. Rulemaking Procedure
IV. Regulatory Flexibility Certification
V. Regulatory Analysis
VI. Backfitting and Issue Finality
VII. Plain Writing
VIII. National Environmental Policy Act
IX. Paperwork Reduction Act
X. Congressional Review Act
I. Background
The NRC's regulations in part 140 of title 10 of the Code of
Federal Regulations (10 CFR), ``Financial Protection Requirements and
Indemnity Agreements,'' implement the financial protection requirements
of certain licensees and other persons under section 170 of the AEA,
also known as the Price-Anderson Act (Pub. L. 85-256, 71 Stat. 576), as
amended and codified at 42 U.S.C. 2210. In 2005, Congress amended
section 170 of the AEA (Pub. L. 109-58, 119 Stat. 780) to require the
NRC to adjust for inflation the maximum total and annual standard
deferred premiums that may be charged to a licensee following a nuclear
incident. These adjustments must be performed not less than once during
each 5-year period following August 20, 2003, in accordance with the
aggregate percentage change in the Consumer Price Index (CPI) (https://www.bls.gov/cpi) for all urban consumers published by the Secretary of
Labor. The NRC made the first periodic inflation adjustment required by
this section on September 29, 2008 (73 FR 56451). The NRC last adjusted
this amount in 2018, establishing the current maximum total deferred
premium at $131,056,000, and the maximum annual deferred premium at
$20,496,000 (83 FR 48202; September 24, 2018.) This final rule makes
the fourth required periodic inflation adjustment and results in a
maximum total premium of $158,026,000 and an annual standard deferred
premium of $24,714,000.
II. Discussion
Section 170(t) of the AEA (42 U.S.C. 2210(t)) requires the NRC to
``adjust the amount of the maximum total and annual standard deferred
premium not less than once during each 5-year period following August
20, 2003, in accordance with the aggregate percentage change in the
Consumer Price Index,'' since the previous adjustment. These amounts
are codified in Sec. 140.11, ``Amounts of financial protection for
certain reactors.'' Accordingly, the NRC is amending Sec. 140.11(a)(4)
to adjust for the increase in inflation, since the last adjustment to
these amounts was made in 2018.
The inflation adjustment that the NRC made on September 24, 2018
(83 FR 48202), which took effect on November 1, 2018, raised the
maximum total deferred premium in Sec. 140.11(a)(4) to $131,056,000
and the maximum annual deferred premium to $20,496,000. The CPI figure
used in calculating this adjustment was 251.588 (May 2018). The
inflation adjustment issued in this final rule is based on the change
in the CPI between March 2019 and April 2023. During this period the
CPI changed from 243.801 to 303.363. This represents an increase of
approximately 24.44 percent. The adjustment methodology used to
calculate these values is described on the Bureau of Labor Statistics'
website (https://www.bls.gov). When this increase is applied to the
maximum total and annual standard deferred premiums and rounded to the
nearest thousand, the
[[Page 60566]]
new maximum total deferred premium is $158,026,000, and the maximum
annual deferred premium is $24,714,000. Section 140.11(a)(4) is amended
accordingly.
III. Rulemaking Procedure
This final rule is being issued without prior public notice or
opportunity for public comment. The Administrative Procedure Act (5
U.S.C. 553(b)(B)) does not require an agency to use the public notice
and comment process ``when the agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefore in
the rules issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.'' In
this instance, the NRC finds, for good cause, that solicitation of
public comment on this final rule is unnecessary because the Price-
Anderson Act requires these non-discretionary adjustments in the
maximum total and annual standard deferred premiums. Requesting public
comment on these adjustments, which are made pursuant to a formula
required by statute, would not result in a change to the adjusted
amount. Consistent with this finding of good cause, and as permitted by
5 U.S.C. 808(2), the NRC has determined that the effective date of this
rule will be October 5, 2023.
IV. Regulatory Flexibility Certification
The Regulatory Flexibility Act does not apply to regulations for
which a Federal agency is not required by law, including the rulemaking
provisions of the Administrative Procedure Act, 5 U.S.C. 553(b), to
publish a general notice of proposed rulemaking (5 U.S.C. 604). As
discussed in this document under Section III, ``Rulemaking Procedure,''
the NRC is not publishing this final rule for notice and comment.
Accordingly, the NRC has determined that the requirements of the
Regulatory Flexibility Act do not apply to this final rule.
V. Regulatory Analysis
A regulatory analysis has not been prepared for this final rule. As
discussed in this document under Section III, ``Rulemaking Procedure,''
the Price-Anderson Act requires that the NRC perform this rulemaking
according to a formula required by statute. This final rule does not
involve an exercise of Commission discretion.
VI. Backfitting and Issue Finality
The NRC has not prepared a backfit analysis for this final rule.
This final rule does not involve any provision that would impose a
backfit, nor is it inconsistent with any issue finality provision, as
those terms are defined in 10 CFR chapter I. These mandatory
adjustments are non-discretionary, required by statute, and do not
represent any change in position by the NRC with respect to the design,
construction, or operation of a licensed facility.
VII. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and well-organized
manner. The NRC has written this document to be consistent with the
Plain Writing Act as well as the Presidential Memorandum, ``Plain
Language in Government Writing,'' published June 10, 1998 (63 FR
31885).
VIII. National Environmental Policy Act
The NRC has determined that this final rule is the type of action
described in Sec. 51.22(c)(1). Therefore, neither an environmental
impact statement nor environmental assessment has been prepared for
this final rule.
IX. Paperwork Reduction Act
This final rule does not contain any new or amended collections of
information subject to the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). Existing collections of information were approved by the
Office of Management and Budget (OMB), approval number 3150-0039.
Public Protection Notification
The NRC may not conduct or sponsor, and a person is not required to
respond to, a collection of information unless the document requesting
or requiring the collection displays a currently valid OMB control
number.
X. Congressional Review Act
This final rule is a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808). The Office of Management and Budget has found
it to be a major rule as defined in the Congressional Review Act. As
explained under Section III, ``Rulemaking Procedure,'' the NRC has
found good cause that solicitation of public comment on this final rule
is unnecessary. Therefore, consistent with 5 U.S.C. 808(2), the NRC has
determined that the effective date of this rule will be October 5,
2023, in lieu of the customary 60-day delay in effectiveness for
``major rules'' under the Congressional Review Act.
List of Subjects in 10 CFR Part 140
Criminal penalties, Extraordinary nuclear occurrence, Insurance,
Intergovernmental relations, Nuclear materials, Nuclear power plants
and reactors, Penalties, Reporting and recordkeeping requirements.
For the reasons set out in the preamble and under the authority of
the Atomic Energy Act of 1954, as amended; the Energy Reorganization
Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting
the following amendment to 10 CFR part 140:
PART 140--FINANCIAL PROTECTION REQUIREMENTS AND INDEMNITY
AGREEMENTS
0
1. The authority citation for part 140 continues to read as follows:
Authority: Atomic Energy Act of 1954, secs. 161, 170, 223, 234
(42 U.S.C. 2201, 2210, 2273, 2282); Energy Reorganization Act of
1974, secs. 201, 202 (42 U.S.C. 5841, 5842); 44 U.S.C. 3504 note.
Sec. 140.11 [Amended]
0
2. In Sec. 140.11(a)(4), remove the number ``$131,056,000'' and add in
its place the number ``$158,026,000'' and remove the number
``$20,496,000'' and add in its place the number ``$24,714,000''.
Dated: August 29, 2023.
For the Nuclear Regulatory Commission.
Catherine Haney,
Acting Executive Director for Operations.
[FR Doc. 2023-19009 Filed 9-1-23; 8:45 am]
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