79042 Federal Register / Vol. 85, No. 236 / Tuesday, December 8, 2020 / Notices

activities related to priorities set by the NUCLEAR REGULATORY I. Obtaining Information and Agency, including: Worker training, COMMISSION Submitting Comments education, and assistance; setting and A. Obtaining Information enforcing standards; and assuring safe [NRC–2020–0262] and healthful working conditions in the Please refer to Docket ID NRC–2020– maritime industry. Proposed Evaluation Policy Statement 0262 when contacting the NRC about the availability of information for this MACOSH is a non-discretionary AGENCY: Nuclear Regulatory action. You may obtain publicly- advisory committee of indefinite Commission. duration, operating in accordance with available information related to this ACTION: the provisions of the Federal Advisory Request for comment. action by any of the following methods: Committee Act (FACA), as amended (5 • Federal Rulemaking Website: Go to SUMMARY: The U.S. Nuclear Regulatory https://www.regulations.gov and search U.S.C. App. 2), the implementing Commission (NRC) is requesting public for Docket ID NRC–2020–0262. regulations (41 CFR parts 101–6 and comment on this proposed Evaluation 102–3), chapter 1–900 of Department of Policy Statement that presents the • NRC’s Agencywide Documents Labor Manual Series 3 (Aug. 31, 2020), standards that will govern the NRC’s Access and Management System and OSHA’s regulations on Advisory planning, conduct, and use of program (ADAMS): You may obtain publicly- Committees (29 CFR part 1912). evaluations. The policy statement is available documents online in the Pursuant to FACA (5 U.S.C. App. 2, intended to provide agency personnel ADAMS Public Documents collection at 14(b)(2)), the MACOSH charter must be and stakeholders with a clear https://www.nrc.gov/reading-rm/ renewed every two years. understanding of the expectations adams.html. To begin the search, select The new MACOSH charter is related to the NRC’s evaluation ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact available to read or download at http:// standards that include rigor, relevance the NRC’s Public Document Room (PDR) www.regulations.gov (Docket No. and utility, transparency, collaboration, reference staff at 1–800–397–4209, at OSHA–2020–0010), the federal independence and objectivity, and ethics. 301–415–4737, or by email to rulemaking portal. The charter also is [email protected]. The proposed available on the MACOSH page on DATES: Submit comments by January 7, Evaluation Policy Statement is available OSHA’s web page at http:// 2021. Comments received after this date in ADAMS under Accession number www.osha.gov and at the OSHA Docket will be considered if it is practical to do ML20268A811. Office, N–3653, Occupational Safety so, but the Commission is able to ensure • Attention: The Public Document and Health Administration, U.S. consideration only for comments Room (PDR), where you may examine Department of Labor, 200 Constitution received before this date. and order copies of public documents is Avenue NW, Washington, DC 20210; ADDRESSES: You may submit comments currently closed. You may submit your telephone (202) 693–2350. Please note: by any of the following methods: request to the PDR via email at While OSHA’s Docket Office is • Federal Rulemaking Website: Go to [email protected] or call 1–800– continuing to accept and process https://www.regulations.gov and search 397–4209 between 8:00 a.m. and 4:00 requests, due to the COVID–19 for Docket ID NRC–2020–0262. Address p.m. (EST), Monday through Friday, pandemic, the Docket Office is closed to questions about NRC dockets to Dawn except Federal holidays. the public. In addition, the charter is Forder; telephone: 301–415–3407; available for viewing or download at the email: [email protected]. For B. Submitting Comments Federal Advisory Committee Database at technical questions contact the Please include Docket ID NRC–2020– FOR FURTHER http://www.facadatabase.gov. individual listed in the 0262 in your comment submission. INFORMATION CONTACT section of this Authority and Signature document. The NRC cautions you not to include • Email comments to: identifying or contact information that Loren Sweatt, Principal Deputy you do not want to be publicly Assistant Secretary of Labor for [email protected]. If you do not receive an automatic email reply disclosed in your comment submission. Occupational Safety and Health, The NRC will post all comment authorized the preparation of this notice confirming receipt, then contact us at 301–415–1677. submissions at https:// pursuant to 29 U.S.C. 653, 655, and 656, www.regulations.gov as well as enter the • Mail comments to: Secretary, U.S. Secretary’s Order 8–2020 (85 FR 58393; comment submissions into ADAMS. Nuclear Regulatory Commission, Sept. 18, 2020), and FACA, as amended The NRC does not routinely edit Washington, DC 20555–0001, ATTN: (5 U.S.C. App. 2), the implementing comment submissions to remove Rulemakings and Adjudications Staff. regulations (41 CFR part 102–3), identifying or contact information. Department of Labor Manual Series For additional direction on obtaining information and submitting comments, If you are requesting or aggregating Chapter 1–900 (August 31, 2020), and comments from other persons for 29 CFR part 1912. see ‘‘Obtaining Information and Submitting Comments’’ in the submission to the NRC, you should Signed at Washington, DC, on December 2, SUPPLEMENTARY INFORMATION section of inform those persons not to include 2020. this document. identifying or contact information that Loren Sweatt, they do not want to be publicly FOR FURTHER INFORMATION CONTACT: disclosed in their comment submission. Principal Deputy Assistant Secretary of Labor Matthew Meyer, Office of the Executive for Occupational Safety and Health. Your request should state that the NRC Director for Operations, U.S. Nuclear does not routinely edit comment [FR Doc. 2020–26878 Filed 12–7–20; 8:45 am] Regulatory Commission, Washington DC submissions to remove such information BILLING CODE 4510–26–P 20555–0001, telephone: 301–415–6198, before making the comment email: [email protected]. submissions available to the public or SUPPLEMENTARY INFORMATION: entering the comment into ADAMS.

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II. Background independence and objectivity, learning and evidence-based 9 The Foundations for Evidence-Based transparency, and ethics. organization, with a culture of Policymaking Act of 2018 (‘‘Evidence Historically, the NRC has relied on continuous improvement. The NRC’s Act’’) became law on January 14, 2019 high-quality evidence for its evaluations are used to make informed (Pub. L. 115–435), to enhance evidence- environmental and safety evaluations of decisions, are based on objective, building activities, make data more civilian applications to utilize nuclear technical assessments of available 10 accessible, and strengthen privacy technologies. Frequently, the agency information and documented with an protections.1 The Evidence Act requires has obtained such evidence from explicitly stated rationale. Furthermore, each agency to name an Evaluation external entities or through its own the NRC commits to implementing Officer. At the NRC the Director of the capacity, largely centered in the Office evaluation standards of rigor; relevance 11 Office of Nuclear Regulatory Research of Nuclear Regulatory Research. In and utility; transparency; collaboration; holds this position and must ‘‘establish undertaking these activities, the NRC independence and objectivity; and and implement an agency evaluation has been guided by its own Principles ethics in the conduct of its evaluations. policy’’ to fulfill a primary function of of Good Regulation: Independence, This policy statement presents the this position.2 The agency evaluation efficiency, clarity, reliability, and NRC’s evaluation standards. policy ‘‘should guide the agency’s openness.12 The Commission, as a collegial body, activities throughout the evaluation In recent years the agency has begun formulates policies, develops lifecycle.’’ 3 Evaluation activities evidence-building activities to support regulations governing nuclear reactor include ‘‘developing and coordinating licensing new or novel nuclear and nuclear material safety, issues multi-year Learning Agendas, technologies, including advanced, non- orders to licensees, and adjudicates establishing Annual Evaluation Plans, light water reactor designs; accident legal matters. The collegial decision- planning and managing or conducting tolerant nuclear fuel; and digital making process results in actions specific evaluations, summarizing instrumentation and controls.13 reflecting the collective judgment of a evaluation findings for particular Additionally, the NRC has increasingly group rather than an individual, aided programs or policies, supporting other sought to rely on evidence-based by professional and administrative staff offices within an agency to interpret metrics to improve internal agency and advisory committees, such as the evaluation findings, and bringing performance including budgeting and Advisory Committee on Reactor evaluation-related evidence to bear in financial management.14 To develop the Safeguards. Strict requirements govern decision-making.’’ 4 In directing these following evaluation policy statement, the admission and consideration of activities, ‘‘the Evidence Act creates a the NRC sought to enhance its existing ‘‘evidence’’ when the Commission acts new paradigm by calling on agencies to evidence-building activities through the in its adjudicatory capacity. This policy activities directed in the Evidence Act. is intended to apply to the NRC’s non- significantly rethink how they currently 16 plan and organize evidence building, The NRC envisions that this approach adjudicatory functions. The NRC’s Principles of Good data management, and data access will strengthen the agency’s oversight of Regulation, which include functions to ensure an integrated and existing uses of nuclear technology, independence, efficiency, clarity, direct connection to data and evidence enhance the agency’s readiness to reliability, and openness, have guided needs.’’ 5 license and regulate new and novel The Office of Management and Budget nuclear technologies, and further the the agency’s regulatory activities and (OMB) has provided guidance to NRC’s ongoing efforts to improve its decisions using evidence and scientific agencies on establishing an agency internal processes. methods. The principles focus on evaluation policy based on ‘‘approaches meeting the agency’s important safety III. Proposed Evaluation Policy that Federal agencies have found and security mission while Statement useful.’’ 6 This guidance includes appropriately considering the interests ‘‘[e]nsuring that the agency evaluation The purpose of this Evaluation Policy of stakeholders, including licensees; policy incorporates the evaluation Statement is to present the standards State, local, and Tribal governments; standards’’ recommended by OMB.7 that will govern the NRC’s planning and nongovernmental organizations; and the OMB developed these evaluation conduct of program evaluations 15 public. The agency’s openness principle standards through an interagency (evaluations). This policy statement is explicitly recognizes that the public council that ‘‘reviewed an extensive list required by the Foundations for must be informed about and have an of source documents to identify widely Evidence-Based Policymaking Act of opportunity to participate in the accepted standards for evaluation.’’ 8 2018 and is a commitment to using regulatory process. Evidence building and evaluation are The interagency council identified the evidence and scientific methods when used to inform agency activities and following evaluation standards: conducting evaluations to make actions, such as licensing, oversight, relevance and utility, rigor, informed decisions. The NRC is a budgeting, program improvement, accountability, management, 1 Public Law 115–435, 132 Stat 5529 (2019). 9 Id. at 3–5. 2 5 U.S.C. 313(d)(3). 10 Nuclear Regulatory Commission, NUREG– rulemaking, guidance development, and 3 Office of Management and Budget, M–20–12, 1350, 2019–2020 Information Digest, at 4–5 policy development. The emphasis on ‘‘Phase 4 Implementation of the Foundations for (August, 2019). evidence is meant to support Evidence-Based Policymaking Act of 2018: Program 11 Id. at 10. innovation, improvement, and learning. Evaluation Standards and Practices,’’ Appendix C 12 Id. at 3. The NRC uses many types of evidence, (March 10, 2020) (M–20–12). 13 Id. at 4. 4 including evaluations. Other evidence Id. at Appendix A. 14 Id. at 7. 5 types include, but are not limited to, Office of Management and Budget, M–19–23, 15 The Evidence Act defines ‘‘evaluation’’ as ‘‘an ‘‘Phase 1 Implementation of the Foundations for assessment using systematic data collection and descriptive studies, performance Evidence-Based Policymaking Act of 2018: Learning analysis of one or more programs, policies, and Agendas, Personnel, and Planning Guidance,’’ 2 organizations intended to assess their effectiveness 16 This policy does not apply to the admission (July 10, 2019). and efficiency’’ (5 U.S.C. 311(3)). Evaluation can and consideration of evidence when the 6 M–20–12, Appendix C. look beyond the program, policy, or organizational Commission acts in its adjudicatory capacity. The 7 Id. level to include assessment of projects or NRC’s rules of practice and procedure in 10 CFR 8 Id. at 2. interventions within a program. part 2 govern that process.

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measurements, financial and cost data, 3. Transparency—The NRC is implementation of evaluation activities, and program administrative data. The committed to conducting evaluations in including the selection and function of NRC carries out evidence-building and an open and transparent manner, which the evaluators, should be appropriately evaluation activities to (1) identify, keeps stakeholders informed of the insulated from factors that may affect evaluate, and resolve safety issues; (2) agency’s evaluation activities. their objectivity, impartiality, and ensure that an independent technical NRC activities will be conducted professional judgment. Evaluations are basis exists to review licensee openly and the public must be informed inclusive and seek diverse participation submittals; (3) evaluate operating about and have an opportunity to from stakeholders in setting evaluation experience and results of risk participate in the NRC’s regulatory priorities, identifying evaluation assessments for safety implications; and process. As a regulator, the NRC will questions, and assessing the (4) support the development and use of listen to, respect, and analyze different implications of findings. The NRC risk-informed regulatory approaches. views from stakeholders. The NRC will strives for objectivity in the planning also ensure open channels of and conduct of evaluations. Evaluation Standards communication are maintained between 6. Ethics—The NRC is committed to The NRC staff will use the following the NRC and stakeholders, including conducting evaluations that adhere to evaluation standards when conducting Congress, other government agencies, Government-wide ethics standards to evaluations. licensees, nongovernmental protect the public and maintain public 1. Rigor—The NRC is committed to organizations, individual members of trust. using rigorous evaluation methods by the public, and international and The NRC’s evaluations comply with qualified evaluators with relevant domestic nuclear communities. The relevant legal requirements and are education, skills, and experience to NRC takes reasonable efforts to make all conducted in a manner that is free from ensure evaluations are appropriate and information, including information conflicts of interest, undue influence, feasible within statutory, budgetary, and about the NRC’s evaluations (including and the appearance of bias and that other constraints. their purpose, objectives, design, safeguards the dignity, rights, safety, Rigorous evaluations require findings, and evaluation methods), and privacy of participants. The NRC inferences about cause and effect to be broadly available and accessible. The complies with Governmentwide ethics well founded (internal validity); clarity NRC releases public evaluation findings standards contained in Federal statutes about the populations, settings, or in a timely manner and archives the and regulations, which are intended to circumstances to which results can be evaluation data for secondary use by ensure that every citizen can have generalized (external validity); and the stakeholders, as appropriate. confidence in the integrity of the use of measures that accurately capture 4. Collaboration—The NRC is Federal Government. the intended information (measurement committed to working collaboratively IV. Specific Request for Comments reliability and validity). The NRC’s when conducting evaluations and draws evaluations are conducted by qualified on the expertise of subject matter The NRC is interested in obtaining staff with relevant education, skills, and experts to ensure diversity in feedback from stakeholders on the experience for the methods undertaken. perspectives. proposed Evaluation Policy Statement. The NRC’s evaluations use appropriate The NRC fosters a collaborative work The focus of this request is to gather designs and methods that adhere to environment that encourages diverse information that will permit the NRC widely accepted scientific principles to views, alternative approaches, critical staff to develop the final Evaluation answer key questions while balancing thinking, creative problem solving, Policy Statement. The NRC is goals, scale, timeline, feasibility, and unbiased evaluations, and honest particularly interested in comments that available resources. Additionally, the feedback. The NRC emphasizes trust, address the extent to which the NRC’s Information Quality Program 17 respect, and open communication to proposed Evaluation Policy Statement ensures that all information relied on by promote a positive work environment will facilitate the agency’s review of the NRC is subject to rigorous quality that maximizes the potential of all new and novel technologies and the standards. individuals, which improves evidence agency’s efforts to improve internal 2. Relevance and Utility—The NRC building and evaluation activities. A performance. will ensure that evaluations are relevant collaborative environment leverages Dated: December 2, 2020. and provide useful findings to inform expertise from subject matter experts agency activities and actions and For the Nuclear Regulatory Commission. and enables peer reviews to ensure Annette L. Vietti-Cook, stakeholders. rigorous evaluations. The NRC also Secretary of the Commission. The NRC performs evaluations to conducts research and collaborates with examine questions of importance and organizations that develop consensus [FR Doc. 2020–26864 Filed 12–7–20; 8:45 am] serve the information needs of standards to improve data and methods BILLING CODE 7590–01–P stakeholders. The NRC’s evaluations used in risk analysis. The NRC present findings that are clear, concise, collaborates with national laboratories, actionable, and available within a NUCLEAR REGULATORY other Federal agencies, universities, and COMMISSION timeline that is appropriate to the international organizations. questions under consideration. The 5. Independence and Objectivity—As [NRC–2020–0192] NRC’s evaluation priorities consider an independent Federal agency, the legislative requirements; the NRC’s NRC is committed to conducting Consolidated Decommissioning strategic safety and security goals, evaluations that are independent and Guidance, Characterization, Survey, objectives, and strategies; and the based on objective assessments of all and Determination of Radiological interests and views of stakeholders. relevant information. Criteria The NRC was established as an AGENCY: Nuclear Regulatory 17 Management Directive 3.17, ‘‘Information independent agency to regulate civilian Commission. Quality Program,’’ ensures that peer review is uses of radioactive material. The NRC’s conducted on all influential scientific information ACTION: Draft NUREG; request for evaluations will be independent and and highly influential scientific assessment that the comment. agency intends to disseminate. objective to maintain credibility. The

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