Unknown. Final plan for retrospective analysis of existing rules

6,170 words·~28 min read·/register/2014/02/24/2014-03849

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2014-02-24.xml --- 79 36 Monday, February 24, 2014 Contents Agricultural Marketing Agricultural Marketing Service RULES Decreased Assesment Rates: Irish Potatoes Grown in Colorado, 9986-9987 2014-03848 Increased Assessment Rates: Tomatoes Grown in Florida, 9987-9989 2014-03847 Termination of Marketing Order: Irish Potatoes Grown in Modoc and Siskiyou Counties, CA and in All Counties in OR, Except Malheur County, 9984-9986 2014-03900 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Farmers Market Application, 10086-10087 2014-03904 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Forest Service NOTICES Establishments: Arizona National Scenic Trail Advisory Council; Nominations, 10085-10086 2014-03793 Animal Animal and Plant Health Inspection Service NOTICES Membership: General Conference Committee of the National Poultry Improvement Plan, 10087 2014-03843 Army Army Department See Engineers Corps Centers Disease Centers for Disease Control and Prevention NOTICES Meetings:

Advisory Committee to the Director, Centers for Disease Control and Prevention; State, Tribal, Local and Territorial Subcommittee, 10160 2014-03813 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10160-10162 2014-03874 2014-03877 Medicare and Medicaid Programs: Rural Health Clinic Accreditation Program; Application from The Compliance Team, 10162-10163 2014-03905 Medicare Programs:

Revisions to the Healthcare Common Procedure Coding System Coding and Payment Determinations, 10163-10166 2014-03902 Meetings: Advisory Panel on Outreach and Education, 10166-10167 2014-03909 Coast Guard Coast Guard RULES Drawbridge Operations: Reynolds Channel, Lawrence, NY, 10013-10014 2014-03875 Upper Mississippi River, Rock Island, IL, 10011-10012 2014-03873 2014-03881 Willamette River, Portland, OR, 10012-10013 2014-03882 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2014-03751 10089-10090 2014-03752 2014-03795 Privacy Act; Systems of Records, 10090-10093 2014-03860 Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10126-10128 2014-03788 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10128 2014-03764 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Defense Federal Acquisition Regulation Supplement; Warranty Tracking of Serialized Items, 10130-10131 2014-03858 Defense Department Defense Department See Defense Acquisition Regulations System See Engineers Corps NOTICES Meetings: Defense Advisory Committee on Women in the Services, 10129-10130 2014-03814 Independent Review Panel on Military Medical Construction Standards, 10128-10129 2014-03812 Delaware Delaware River Basin Commission NOTICES Public Hearings, 10132-10133 2014-03863 Education Department Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for the Fulbright-Hays Group Projects Abroad Program, 10133-10134 2014-03820 Fulbright-Hays Doctoral Dissertation Research Abroad Program 1894-0001, 10133 2014-03810 Election Election Assistance Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Election Assistance Commission's Voting System Test Laboratory Program Manual, Version 1.0, 10134 2014-03831 Election Assistance Commission's Voting System Testing and Certification Program Manual, Version 1.0, 10135 2014-03844 Employee Benefits Employee Benefits Security Administration RULES Ninety-Day Waiting Period Limitation:

Certain Health Coverage Requirements Under the Affordable Care Act, 10296-10317 2014-03809 PROPOSED RULES Ninety-Day Waiting Period Limitation, 10320-10325 2014-03811 Employment and Training Employment and Training Administration NOTICES Funding Opportunities: YouthBuild, 10183-10184 2014-03850 Grant Funding Availability: Training to Work 2-Adult Reentry, 10184 2014-03895 Worker Adjustment and Alternative Trade Adjustment Assistance Eligibility; Determinations, 10184-10185 2014-03838 Worker Adjustment Assistance Eligibility;

Determinations, 10185-10190 2014-03839 2014-03840 Worker Adjustment Assistance Eligibility; Investigations, 10190-10191 2014-03836 2014-03837 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Environmental Management Site-Specific Advisory Board, Northern New Mexico, 10136 2014-03897 Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation, 10135-10136 2014-03894 Environmental Management Site-Specific Advisory Board, Paducah, 10136-10137 2014-03899 Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Greenup Locks and Dam, General Reevaluation Report, Greenup County, KY; Withdrawal, 10131-10132 2014-03740 Zoar Levee and Diversion Dam, Dam Safety Modification Study, Tuscarawas County, OH; Withdrawal, 10131 2014-03742 Environmental Protection Environmental Protection Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: NSPS for Sewage Sludge Incineration Units, 10142 2014-03769 Emergency Exemption Applications: Kasugamycin;

Apples in Michigan, 10142-10143 2014-03859 Inventory: U.S. Greenhouse Gas Emissions and Sinks: 1990-2012, 10143-10144 2014-03862 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: The Boeing Company Airplanes, 9991-9994 2014-03241 Turbomeca S.A. Turboshaft Engines, 9990-9991 2014-03672 Establishment of Class E Airspace: Brevig Mission, AK, 9994 2014-03737 Central, AK, 9995 2014-03739 NOTICES Environmental Impact Statements;

Availability, etc.: Fort Lauderdale-Hollywood International Airport; Development and Expansion of Runway 9R-27L and Associated Projects; Record of Decisionand Order for Written Re-evaluation, 10224-10225 2014-03741 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services: Kahuku and Kualapuu, HI, 10016 2014-03498 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10144-10149 2014-03743 2014-03744 2014-03745 2014-03878 2014-03879 Waiver Petitions and Requests for Extensions of Time:

DISH Network Corp., 10149-10150 2014-03888 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulatory Capital Rules, 10150 2014-03818 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 10014-10016 2014-03762 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10174-10175 2014-03756 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Federal Assistance to Individuals and Households Program, 10175-10176 2014-03757 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Texas Eastern Transmission, LP, 10137-10138 2014-03801 Combined Filings, 10138-10140 2014-03841 2014-03846 Environmental Assessments; Availability, etc.: Texas Gas Transmission, LLC; Texas Gas Abandonment Project, 10140 2014-03800 Preliminary Permit Applications: Archon Energy 1, Inc., 2014-03802 10141 2014-03803 Federal Labor Federal Labor Relations Authority NOTICES Opportunity to Submit Amici Curiae Briefs in a Representation Proceeding Pending, 10151 2014-03903 Federal Maritime Federal Maritime Commission NOTICES Revocations of Ocean Transportation Intermediary Licenses:

Cargologic USA LLC; Order to Show Cause, 10152-10153 2014-03731 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10225-10226 2014-03851 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 10153 2014-03815 Federal Trade Federal Trade Commission NOTICES Meetings: Examining Health Care Competition; Public Workshop, 10153-10156 2014-03765 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants:

Georgetown Salamander and Salado Salamander; Determination of Threatened Species Status Throughout Their Ranges, 10236-10293 2014-03717 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Special Rule for the Georgetown Salamander, 10077-10080 2014-03719 Non-Federal Oil and Gas Development within the National Wildlife Refuge System, 10080-10084 2014-03792 NOTICES Permit Applications: Deltona, Volusia County, FL; Incidental Take; Proposed Low-Effect Habitat Conservation Plan, 10179-10180 2014-03821 Food and Drug Food and Drug Administration NOTICES Draft Guidance for Industry:

New Chemical Entity Exclusivity Determinations for Certain Fixed-Combination Drug Products; Availability, 10167-10168 2014-03885 Meetings: Over-The-Counter Drug Monograph System; Past, Present, and Future, 10168-10172 2014-03884 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activity Authorizations: Whirlpool Corp., Foreign-Trade Zone 8, Toledo, OH, 10093 2014-03901 Proposed Production Activities: MAHLE Behr Charleston, Inc.; Foreign-Trade Zone

(FTZ)21, Charleston, SC, 10093 2014-03898 Forest Forest Service NOTICES Annual List: Newspapers to be Used by the Alaska Region for Publication, 10087-10088 2014-03789 Forest Inventory and Analysis Resources Planning Act Assessment Review Tables, 10088 2014-03794 Meetings: National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule, 10088-10089 2014-03791 General Services General Services Administration NOTICES Meetings: Government-Wide Travel Advisory Committee, 10156-10157 2014-03778 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health RULES Ninety-Day Waiting Period Limitation: Certain Health Coverage Requirements Under the Affordable Care Act, 10296-10317 2014-03809 PROPOSED RULES Ninety-Day Waiting Period Limitation, 10320-10325 2014-03811 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10157-10160 2014-03828 2014-03829 2014-03830 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for FHA Insured Mortgages, 10178-10179 2014-03883 FHA-Insured Mortgage Loan Servicing for Performing Loans; MIP Processing, Escrow Administration, etc., 10177 2014-03887 FHA-Insured Mortgage Loan Servicing Involving the Claims and Conveyance Process Property Inspection/Preservation, 10177-10178 2014-03886 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Ocean Energy Management Bureau Internal Revenue Internal Revenue Service RULES Ninety-Day Waiting Period Limitation: Certain Health Coverage Requirements Under the Affordable Care Act, 10296-10317 2014-03809 PROPOSED RULES Dividend Equivalents from Sources within the United States; Correction, 10054-10055 2014-03767 Net Investment Income Tax; Correction, 10055-10056 2014-03763 Ninety-Day Waiting Period Limitation, 10320-10325 2014-03811 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10228-10232 2014-03754 2014-03755 2014-03746 2014-03747 2014-03748 2014-03749 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Citric Acid and Certain Citrate Salts from Canada, 10093-10095 2014-03955 Antidumping and Countervailing Duty Orders; Expedited Sunset Reviews; Results, Extensions, Amendments, etc.: Polyethylene Terephthalate Film, Sheet and Strip from Brazil, People's Republic of China, and United Arab Emirates, 10095-10096 2014-03954 Antidumping Duty Changed Circumstances Reviews; Results, Extensions, Amendments, etc.: Stainless Steel Sheet and Strip in Coils from Japan, 10096-10097 2014-03893 Countervailing Duty Investigations; Results, Extensions, Amendments, etc.: Chlorinated Isocyanurates from the People's Republic of China, 10097-10099 2014-03712 Nominations: Industry Trade Advisory Committees, 10099-10101 2014-03493 International Trade Com International Trade Commission NOTICES Antidumping Duty Administrative Orders; Results, Extensions, Amendments, etc.: Crawfish Tail Meat from China, 10181-10182 2014-03808 Justice Department Justice Department See National Institute of Corrections Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration See Labor Statistics Bureau See Occupational Safety and Health Administration See Veterans Employment and Training Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualification/Certification Program Request for Mine Safety and Health Administration Individual Identification Number, 10183 2014-03842 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10191-10192 2014-03835 Land Land Management Bureau NOTICES Meetings: Dominguez-Escalante National Conservation Area Advisory Council, 10180 2014-03824 Maritime Maritime Administration PROPOSED RULES Title XI Maritime Guaranteed Loan Program: Proposed Policy: Other Relevant Criteria for Consideration when Evaluating the Economic Soundness of Applications, 10075-10077 2014-03729 National Highway National Highway Traffic Safety Administration NOTICES Decisions of Inconsequential Noncompliance; Petitions: General Motors, LLC, 10226-10227 2014-03896 National Institute Corrections National Institute of Corrections NOTICES Meetings: Advisory Board, 10182 2014-03790 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute; Amendment, 10174 2014-03771 National Institute of Diabetes and Digestive and Kidney Diseases, 10173 2014-03770 National Institute of General Medical Sciences, 2014-03772 10173-10174 2014-03773 National Institute of Mental Health, 10173 2014-03775 National Institute on Aging, 10172-10173 2014-03774 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Highly Migratory Species; Withdrawal of Emergency Regulations Related to the Deepwater Horizon MC252 Oil Spill, 10028-10029 2014-03914 Fisheries of the Exclusive Economic Zone Off Alaska: Individual Fishing Quota Program, 9995-10011 2014-03910 Fisheries of the Northeastern United States: Atlantic Mackerel, Squid, and Butterfish Fisheries; Amendment 14, 10029-10048 2014-03906 Taking and Importing Marine Mammals: U.S. Air Force Launches, Aircraft and Helicopter Operations, and Harbor Activities Related to Launch Vehicles from Vandenberg Air Force Base, CA, 10016-10028 2014-03958 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reporting Requirements for the Ocean Salmon Fishery Off the Coasts of Washington, Oregon, and California, 10101 2014-03779 Criteria to Assist the Assistant Administrator in Determining if an Observer Program is Qualified and Authorized, 10101-10102 2014-03945 Endangered and Threatened Species Permits: Take of Anadromous Fish, 10102-10103 2014-03806 Endangered and Threatened Wildlife: 90-Day Finding on a Petition to List 10 Species of Skates and Rays and 15 Species of Bony Fishes, 10104-10125 2014-03942 Meetings: Fisheries of the South Atlantic; South Atlantic Fishery Management Council, 10125-10126 2014-03816 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 2014-03780 10180-10181 2014-03786 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Biological Sciences, 10199 2014-03760 Advisory Committee for Cyberinfrastructure, 10199-10200 2014-03758 Advisory Committee for Geosciences, 10199 2014-03759 Nuclear Regulatory Nuclear Regulatory Commission RULES Retrospective Analysis, 9981-9984 2014-03849 NOTICES Environmental Impact Statements; Availability, etc.: License Renewal Application for Callaway Plant, Unit 1, 10200-10201 2014-03845 Meetings; Sunshine Act, 10201 2014-04027 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Nationally Recognized Testing Laboratories; Renewal Requests: Canadian Standards Association, 10193-10195 2014-03864 Communication Certification Laboratory, 10195-10196 2014-03865 Factory Mutual Approvals LLC, 10192-10193 2014-03866 Intertek Testing Services NA, Inc., 10196-10197 2014-03867 TUV Rheinland of North America, Inc., 10198-10199 2014-03868 Ocean Energy Management Ocean Energy Management Bureau PROPOSED RULES Consumer Price Index Adjustments of the Oil Pollution Act of 1990 Limit of Liability for Offshore Facilities, 10056-10063 2014-03738 Patent Patent and Trademark Office NOTICES Patent Term Extensions: U.S. Patent No. 5,610,059; Monovalent Lawsonia intracellularis Bacterin Vaccine, 10126 2014-03855 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disabled Dependent Questionnaire, 10202 2014-03834 Evidence to Prove Dependency of a Child, 10203 2014-03826 Information and Instructions on Your Reconsideration Rights, 10201-10202 2014-03833 Report of Medical Examination of Person Electing Survivor Benefits under the Civil Service Retirement System, 10202-10203 2014-03823 We Need the Social Security Number of the Person Named Below, 10203-10204 2014-03832 Postal Regulatory Postal Regulatory Commission NOTICES International Mail Contracts, 10204-10205 2014-03827 New Postal Products, 10205-10208 2014-03889 2014-03890 2014-03891 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Libya; Continuation of National Emergency (Notice of February 20, 2014), 10327-10330 2014-04133 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10208-10209 2014-03872 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10209-10211 2014-03784 2014-03785 2014-03787 Applications: RiverNorth Funds, et al., 10211-10215 2014-03796 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 10215 2014-03782 International Securities Exchange, LLC, 10218 2014-03798 NASDAQ OMX BX, Inc., 10220-10222 2014-03783 NASDAQ OMX PHLX, LLC, 10216-10217 2014-03797 The NASDAQ Stock Market LLC, 10218-10220 2014-03781 Topaz Exchange, LLC, 10220 2014-03799 Trading Suspension Orders: Ads In Motion, Inc., et al., 10222-10223 2014-03993 Tweeter Home Entertainment Group, Inc., a/k/a TWTR, Inc., et al., 10223 2014-03992 Small Business Small Business Administration NOTICES Disaster Declarations: New York, 10223 2014-03766 Meetings National Women's Business Council, 10223-10224 2014-03776 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Jasper Johns: Regrets Exhibition, 10224 2014-03892 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: CSX Transportation, Inc., White County, IN, 10227-10228 2014-03869 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board PROPOSED RULES Use of Mobile Wireless Devices for Voice Calls on Aircraft, 10049-10054 2014-03684 NOTICES Applications: Western Global Airlines, LLC for Certificate Authority, 10224 2014-03598 Treasury Treasury Department See Internal Revenue Service See United States Mint NOTICES Countries Requiring Cooperation with an International Boycott, 10228 2014-03693 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10176-10177 2014-03819 U.S. Mint United States Mint NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 10232 2014-03777 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Disability Report, 10232-10233 2014-03880 Meetings: Advisory Committee on Cemeteries and Memorials, 10233 2014-03761 Clinical Science Research and Development Service Cooperative Studies Scientific Evaluation Committee, 10233 2014-03807 Veterans Employment Veterans Employment and Training Service PROPOSED RULES Annual Report from Federal Contractors, 10063-10075 2014-03503 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 10236-10293 2014-03717 Part III Health and Human Services Department, 10296-10317 2014-03809 Labor Department, Employee Benefits Security Administration, 10296-10317 2014-03809 Treasury Department, Internal Revenue Service, 10296-10317 2014-03809 Part IV Health and Human Services Department, 10320-10325 2014-03811 Labor Department, Employee Benefits Security Administration, 10320-10325 2014-03811 Treasury Department, Internal Revenue Service, 10320-10325 2014-03811 Part V Presidential Documents, 10327-10330 2014-04133 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 79 36 Monday, February 24, 2014 Rules and Regulations NUCLEAR REGULATORY COMMISSION 2 CFR Chapter XX 5 CFR Chapter XLVIII 10 CFR Chapter I [NRC-2011-0246] Retrospective Analysis Under Executive Order 13579 AGENCY: Nuclear Regulatory Commission. ACTION: Final plan for retrospective analysis of existing rules. SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is making available its final Plan for the retrospective analysis of its existing rules. The final Plan describes the processes and activities that the NRC uses to determine whether any of its regulations should be modified, streamlined, expanded, or repealed. This action is part of the NRC's voluntary implementation of Executive Order (E.O.) 13579, “Regulation and Independent Regulatory Agencies,” issued by the President on July 11, 2011. DATES: The final Plan is effective February 24, 2014. ADDRESSES: Please refer to Docket ID NRC-2011-0246 when contacting the NRC about the availability of information for this final Plan. You may access publicly-available information and comment submittals related to this final Plan by any of the following methods: • *Federal Rulemaking Web site:* Go to *http://www.regulations.gov* and search for Docket ID NRC-2011-0246. Address questions about NRC dockets to Carol Gallagher; telephone: 301-492-3668; email: *Carol.Gallagher@nrc.gov.* 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 access publicly available documents online in the NRC Library at *http://www.nrc.gov/reading-rm/adams.html.* To begin the search, select *“ADAMS Public Documents”* and then 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 *pdr.resource@nrc.gov.* The ADAMS accession number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. The ADAMS Accession No for the “Final Plan for Retrospective Analysis of Existing Rules” is ML14002A441. • *NRC's PDR:* You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • *NRC's Open Government Web page:* Go to *http://www.nrc.gov/public-involve/open.html* under the tabs entitled “Selected NRC Information Resources” and “Rulemaking.” • *NRC's Plans, Budget, and Performance Web page:* Go to *http://www.nrc.gov/about-nrc/plans-performance.html* and select “NRC's Plan for Retrospective Analysis of Existing Rules.” FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-492-3667 or email: *Cindy.Bladey@nrc.gov.* SUPPLEMENTARY INFORMATION: I. Background II. Public Comments on the Draft Plan III. Process Improvements A. Regulatory Flexibility Act Compliance B. Small Business Regulatory Enforcement Fairness Act Compliance IV. Final Plan for Retrospective Analysis I. Background On January 18, 2011, President Obama issued E.O. 13563, “Improving Regulation and Regulatory Review.” 1 Executive Order 13563 directs Federal agencies to develop and submit a preliminary plan “under which the agency will periodically review its existing significant regulations to determine whether any such regulations should be modified, streamlined, expanded, or repealed so as to make the agency's regulatory program more effective or less burdensome in achieving the regulatory objectives.” Executive Order 13563 did not, however, apply to independent regulatory agencies. Subsequently, on July 11, 2011, the President issued E.O. 13579, 2 which recommends that independent regulatory agencies also develop retrospective plans similar to those required of other agencies under E.O. 13563. In the spirit of cooperation, on November 16, 2011 (76 FR 70913), in response to E.O. 13579, the NRC made available its initial Plan. A draft Plan was published on November 23, 2012 (77 FR 70123), for a 60-day public comment period that ended on February 6, 2013. After consideration of its processes and the public comments received, the NRC is now publishing its final Plan. 1 *See http://www.gpo.gov/fdsys/pkg/FR-2011-01-21/pdf/2011-1385.pdf.* 2 *See http://www.gpo.gov/fdsys/pkg/FR-2011-07-14/pdf/2011-17953.pdf.* II. Public Comments on the Draft Plan The NRC received eight comment letters on the draft Plan. The commenters included State organizations, licensees, industry organizations, and individuals. The NRC staff determined that the comment letters covered six issues. The following paragraphs include a summary of the comments received under each issue and the NRC's responses to the comments. Issue 1: Final Plan Should Include a Section Requiring Review of Existing Non-Power Reactor

(NPR)Regulations *Comment:* The University of Florida submitted a comment requesting that the NRC include a section in the final Plan that would require the review of existing requirements for NPRs. The University of Florida stated that the NPR community is overburdened by regulations that are marginal to safety and that the NPR community is ruled by NUREGs in a manner that exceeds the statutory constraints of Section 104(c) of the Atomic Energy Act of 1954, as amended (AEA). *Response:* The NRC disagrees with the comment. While the NRC understands the NPR community's concern regarding compliance with Section 104(c) of the AEA, the NRC believes that the same principles of good regulation apply to NPR licensees and power reactor licensees alike. The NRC conducts extensive public outreach and a thorough legal review in order to ensure compliance with all sections of the AEA when issuing regulations or other regulatory actions involving NPRs. The NRC's regulations that apply to NPR licensees must first meet the standard of providing reasonable assurance of protecting the public health and safety. If that standard can be met with regulations that impose a lesser burden on NPR licensees, stakeholders are encouraged to communicate their ideas to the NRC. In addition, the NRC issues guidance materials (Regulatory Guides, NUREGs, etc.) to communicate potential means by which licensees may comply with the regulations. Those guidance materials are not regulations, and licensees are permitted to administer their programs as they see fit, provided licensees can produce a sufficient basis illustrating how their program administration follows the NRC's regulations. The final Plan was not revised as a result of this comment. Issue 2: Cumulative Effects of Regulation

(CER)*Comment:* The Nuclear Energy Institute

(NEI)submitted a comment on the draft Plan that suggested “the intent of the retrospective analysis could be met through addressing the cumulative effects of NRC regulatory actions, rulemaking and other NRC regulatory processes resulting in greater benefit in safety and resource management.” The NEI also asserted that broadening the scope of applicable processes beyond rulemaking to other actions such as orders, generic guidance, and information requests would result in more meaningful improvements. *Response:* The NRC agrees that the effort to address CER does contribute, in concert with the other NRC initiatives described in the draft Plan, to the intent of the retrospective analysis. The NRC also notes that SECY-12-0137, “Implementation of the Cumulative Effects of Regulation Process Changes,” dated October 5, 2012 (ADAMS Accession No. ML12223A162), provided the Commission with an update on the status of implementing CER and feedback obtained during a May 2012 public meeting. In response, the Commission issued the staff requirements memorandum

(SRM)to SECY-12-0137 (ADAMS Accession No. ML13071A635). Among other items, the SRM directed: Any expansion of the consideration of the CER should be considered in the broader context of actions directed from COMGEA-12-0001/COMWDM-12-0002, “Proposed Initiative to Improve Nuclear Safety and Regulatory Efficiency.” The staff should continue to develop and implement outreach tools that will allow the NRC to consider more completely the overall impacts of multiple rules, orders, generic communications, advisories, and other regulatory actions on licensees and their ability to focus effectively on items of greatest safety import. To inform its decision-making in addressing this directive, the NRC staff will obtain public feedback through public meetings. The NRC encourages continued public interaction on the subject of CER. The SRM also directed: The staff should engage industry to seek volunteer facilities to perform “case studies” to review the accuracy of cost and schedule estimates used in NRC's regulatory analysis (such as the 10 CFR [ *Code of Federal Regulations* ] Part 73 security upgrades required after the attacks of September 11, 2011 and 10 CFR 50.84c, NFPA 805 program). The NRC will use the aforementioned public meetings as tools to engage the industry on this initiative and believes that such case studies will result in meaningful insights to inform decisions for improving future regulatory analyses. The final Plan was not revised as a result of this comment. Issue 3: General Support for the Draft Plan Three commenters provided general support for the draft Plan. However, some commenters supported the draft Plan and offered comments on areas that could be clarified or improved. *Comment 1:* The NEI supported the draft Plan. The NEI stated that it understood the NRC's apparent rationale behind committing limited resources to this effort and agreed that there may not be benefit from a wholesale retrospective analysis. *Comment 2:* GE Hitachi Nuclear Energy supported “the NRC approach that provides ongoing assessments of regulatory burdens in various NRC actions involving regulations. . .” However, GE Hitachi Nuclear Energy recommended that the NRC, when periodically revising the final Plan, describe specific review actions and results that have occurred since the last revision of the final Plan. *Response to Comments 1 and 2:* The NRC appreciates the support for the draft Plan. When the NRC periodically revises the final Plan, it will consider including review actions and results that have occurred since the last revision of the final Plan. The final Plan was not revised as a result of Comments 1 and 2. Issue 4: Openness and Transparency *Comment:* The Citizens Oversight stated that while the draft Plan included a section called “Opportunities for Public Participation,” the draft Plan did not propose any new opportunities for public participation. The commenter complimented the NRC on its January 31, 2013, Commission public meeting on regulatory decision-making. However, the commenter stated that the NRC limits oversight by the public by adopting overly restrictive definitions of standing, providing overly short periods for comments/petitions, making hearings the exception rather than the rule, making the adjudicatory process too formal, and conducting closed Commission meetings. Also, the commenter noted that the NRC had not responded to public comments and questions submitted after a public meeting in Dana Point, California. *Response:* The Citizens Oversight comments are beyond the scope of E.O.s 13579 and 13563, and the NRC's draft Plan. Specifically, the Citizens Oversight comments on public participation relate to such participation in NRC adjudicatory or licensee-specific licensing actions (e.g., standing, petitions for invention, etc.) and not the NRC's regulatory process for regulations. Executive Order 13579 is directed towards the manner in which Independent Regulatory Agencies issue or revise their regulations. To that end, E.O. 13579 recommends that, to the extent permitted by law, Independent Regulatory Agencies abide by a set of general requirements set forth in E.O. 13563, including those associated with public participation. As the Citizens Oversight notes in its comments, the principles of public participation that E.O. 13563 endorses concerns the ability of the public to participate in an agency's adoption of a regulation through the regulatory process. Executive Order 13563 provides that each agency, to the extent feasible and permitted by law, shall “afford the public a meaningful opportunity to comment through the Internet on any proposed regulation, with a comment period that should generally be at least 60 days.” Executive Order 13563 further provides that each agency, to the extent feasible and permitted by law, shall also “provide, for both proposed and final rules, timely online access to the rulemaking docket on regulations.gov. . .” As stated in Section G of the NRC's final Plan, the NRC already complies with these principles in its regulatory process for the development or modification of regulations. If the Citizens Oversight seeks to modify the NRC's regulations governing its adjudications, then it should avail itself of the opportunities for public participation that the NRC identifies in its final Plan, such as

(1)participation in rulemaking activities related to the NRC's adjudicatory procedures in 10 CFR Part 2; or

(2)use of the petition for rulemaking process in 10 CFR 2.802 to request specific revision to those procedures. On May 3, 2013 ( *78 FR 25886* ), the NRC published a proposed rule to streamline and clarify its process for addressing petitions for rulemaking. Proposed changes to that process aim to improve transparency and make the process more efficient and effective. The final Plan was not revised as a result of this comment from the Citizens Oversight; however, the NRC did update Section III of the final Plan to include a description of the aforementioned proposed rule. Issue 5: Suggestions for Technical Improvements *Comment:* The Citizens Oversight suggested several technical improvements, including the following:

(1)the NRC should provide direct links to relevant documents, rather than just including an ADAMS accession number;

(2)the NRC should include Really Simple Syndication

(RSS)feeds on all of its Web pages; and

(3)the NRC should remove quotes in URLs. The commenter also noted that links within ADAMS documents do not always work. *Response:* The NRC considers this comment out-of-scope with regard to the draft Plan. However, the Office of Information Services is reviewing this comment and may contact the commenter regarding these issues. The NRC would note that the recently developed Documents for Comment page ( *http://www.nrc.gov/public-involve/doc-comment.html* ) provides links to dockets on *www.regulations.gov* containing documents with an open comment period. Individuals can subscribe to page updates through GovDelivery 3 in order to keep informed of NRC documents that have been published in the **Federal Register** for comment. The final Plan was not revised as a result of this comment. 3 The Federal rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe:

(1)Navigate to the docket folder for the action of interest;

(2)click the “Email Alert” link; and

(3)enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). Issue 6: Thorium Is Incorrectly Classified Under the 1954 Atomic Energy Act Two commenters stated that thorium is incorrectly classified under the 1954 AEA and should be placed in a less restrictive category of isotopes of elements. *Comment 1:* Dr. Alexander Cannara stated that classifications of various radioactive elements that were initiated by the old Atomic Energy Commission are too broad and interfere with various environmental and industrial realities (specifically the rare earth industry). *Comment 2:* Stephen Boyd seemed to infer that the NRC should review and presumably revise its regulations to better support the use of thorium reactors. In particular, the commenter suggested allowing public and private efforts to join in the research occurring elsewhere in the world. *Response to Comment 1:* Comment 1 from Dr. Cannara is beyond the scope of the NRC's draft Plan. Thorium is already classified differently (as source material) than the other elements that it is compared to (which are categorized as byproduct material). Over the past decade, the staff has acknowledged some concerns about the fact that thorium and uranium are present ubiquitously in nature (unlike byproduct material) and their current classification as source material may result in the regulation of activities not necessarily considered by Congress in enacting the AEA. The final Plan was not revised as a result of Comment 1. *Response to Comment 2:* Comment 2 from Stephen Boyd is beyond the scope of the NRC's draft Plan. Thorium is already classified differently (as source material) than the fissile Uranium-235 (which is classified as special nuclear material), with the latter element having much more restrictive limits on possession and use. Although the NRC does periodically review its regulations to identify areas where new technologies may require changes to the regulations, such significant regulatory changes are usually only undertaken when there is reasonable certainty that such technologies will be implemented because the process of significantly revising the regulations may be resource intensive. The NRC will also undertake such revisions at the direction of Congress, usually after appropriate funding is provided. In recent years, some bills have been brought before Congress specifically related to Mr. Boyd's concerns, but to date, Congress has not passed those bills. The NRC is not aware of any prohibitions against private efforts being involved in foreign research on the subject, although any U.S. Government involvement would likely be through the U.S. Department of Energy. The final Plan was not revised as a result of Comment 2. III. Process Improvements While developing this final Plan, the NRC identified changes to improve the clarity and transparency of its processes for compliance with Section 610 of the Regulatory Flexibility Act

(RFA)and Section 212 of the Small Business Regulatory Enforcement Fairness Act (SBREFA). The changes are described in the following sections. A. Regulatory Flexibility Act Compliance Section 610 of the RFA was enacted in 1980 and requires agencies to review those regulations that have or will have a *significant* economic impact on a *substantial* number of small entities every 10 years after publication of such rules as final rules. The purpose of the periodic review is to determine whether the rules should be left unchanged, amended, or rescinded. The NRC published its plan for Section 610 reviews in 1981. The NRC provided a status on its compliance with RFA to the Small Business Administration

(SBA)in 1992 and 2002. In addition, the NRC provided a status on its compliance to Congress in 2005. The NRC has one recurring rule that has a significant economic impact on a substantial number of small entities, its annual fee rule. This rule amends the licensing, inspection, and annual fees charged to its applicants and licensees. Given that a final fee rule is published each year, the NRC has determined that it does not require a Section 610 periodic review. The NRC will update its internal procedures to clarify the NRC staff's responsibilities with regards to the Section 610 periodic reviews and to include a process for submitting Unified Agenda entries for those rulemakings that require a Section 610 periodic review. Entries will be added to the “Pre-rule” section of the Unified Agenda when a periodic review is started and will solicit public comment. The NRC will publish the results of its periodic reviews in the “Completed Actions” section of the Unified Agenda, including whether the rule will be left unchanged, revised, or rescinded. To further improve transparency, the NRC will update the public Web site 4 for RFA procedures to include a list of all final NRC rules that impact small entities and whether they must undergo a periodic review required by Section 610 of the RFA. This Web site will also include a link to the periodic review initiation and completion entries in the Unified Agenda for each rulemaking that must undergo a Section 610 periodic review. 4 *See http://www.nrc.gov/about-nrc/regulatory/rulemaking/flexibility-act.html.* Section 610 of the RFA allows agencies to update their plan at any time by giving notice in the **Federal Register** . The information on the public Web site for RFA procedures, which informs the public of which rules must undergo a periodic review and when and provides a link to the results of the periodic review as published in the Unified Agenda, supersedes the NRC's 1981 plan. B. Small Business Regulatory Enforcement Fairness Act Compliance Section 212 of the SBREFA was enacted in 1996 and requires that for each rulemaking that requires a Regulatory Flexibility Analysis under 5 U.S.C. 605(b), the agency must publish a “small entity compliance guide.” The SBREFA was amended by the Fair Minimum Wage Act of 2007, which requires agencies to:

(1)Publish, distribute, and post on their public Web sites compliance guides on the same date of publication of the final rule and

(2)submit an annual report (signed by the head of the agency) to the appropriate Congressional Committees describing the status of the agency's compliance with the Act. The NRC will update internal procedures to clarify the NRC staff's responsibilities with regards to Section 212 of the SBREFA. The NRC has issued small entity compliance guides and published them either in the **Federal Register** or in the appropriate document collection on the NRC's public Web site; however, the NRC has not published all of its compliance guides in one location. The public Web site for RFA procedures that lists all NRC rules that impact small entities will also include a listing of the NRC's small entity compliance guides and how they may be accessed. The NRC has not submitted a status report to Congress regarding its compliance with SBREFA. However, the NRC staff is currently drafting the 2013 status report. A link to the status report will be included on the Web site for RFA procedures. IV. Final Plan for Retrospective Analysis The NRC's final Plan describes the NRC's processes and activities relating to retrospective analysis of existing regulations, including discussions of the

(1)efforts to incorporate risk assessments into regulatory decision-making,

(2)efforts to address the cumulative effects of regulation,

(3)the NRC's methodology for prioritizing its rulemaking activities,

(4)rulemaking initiatives arising out of the NRC's ongoing review of its regulations related to the recent events at the Fukushima Dai-ichi Nuclear Power Plant in Japan, and

(5)the NRC's previous and ongoing efforts to update its regulations on a systematic, ongoing basis. Dated at Rockville, Maryland, this 11th day of February, 2014. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. 2014-03849 Filed 2-21-14; 8:45 am]

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