Proposed IRPS 13-1_78FR46374_31JUL2013

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functions of the agency, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhance the quality, utility, and
clarity of the information to be
collected; and
• Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Agency: DOL–ETA.
Title of Collection: Domestic
Agricultural In-Season Wage Report.
OMB Control Number: 1205–0017.
Affected Public: Private Sector—
farms—and State, Local, and Tribal
Governments.
Total Estimated Number of
Respondents: 24,662.
Total Estimated Number of
Responses: 26,708.
Total Estimated Annual Burden
Hours: 16,002.
Total Estimated Annual Other Costs
Burden: $0.
Dated: July 25, 2013.
Michel Smyth,
Departmental Clearance Officer.
[FR Doc. 2013–18363 Filed 7–30–13; 8:45 am]
BILLING CODE 4510–FP–P

NATIONAL CREDIT UNION
ADMINISTRATION
RIN 3133–AE16

Minority Depository Institution
Preservation Program
National Credit Union
Administration.
ACTION: Proposed Interpretive Ruling
and Policy Statement 13–1, with request
for comments.
AGENCY:

The National Credit Union
Administration (NCUA) recognizes the
importance of minority credit unions
and the unique challenges they often
face in serving their communities.
NCUA is establishing a Minority
Depository Institution Preservation
Program to encourage the preservation
of Minority Depository Institutions. The
program, to be administered by NCUA’s

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SUMMARY:

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Office of Minority and Women
Inclusion, would consist of outreach
efforts, various forms of technical
assistance, and educational
opportunities to benefit eligible credit
unions.
DATES: Comments must be received on
or before September 30, 2013.
ADDRESSES: You may submit comments
by any of the following methods (Please
send comments by one method only):
• Federal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
• NCUA Web site: http://
www.ncua.gov/Legal/Regs/Pages/
PropRegs.aspx. Follow the instructions
for submitting comments.
• Email: Address to
regcomments@ncua.gov. Include ‘‘[Your
name]—Comments on Proposed IRPS
13–1, Minority Depository Institution
Preservation Program’’ in the email
subject line.
• Fax: (703) 518–6319. Use the
subject line described above for email.
• Mail: Address to Mary Rupp,
Secretary of the Board, National Credit
Union Administration, 1775 Duke
Street, Alexandria, Virginia 22314–
3428.
• Hand Delivery/Courier: Same as
mail address.
Public Inspection: You can view all
public comments on NCUA’s Web site
at http://www.ncua.gov/Legal/Regs/
Pages/PropRegs.aspx as submitted,
except for those we cannot post for
technical reasons. NCUA will not edit or
remove any identifying or contact
information from the public comments
submitted. You may inspect paper
copies of comments in NCUA’s law
library at 1775 Duke Street, Alexandria,
Virginia 22314, by appointment
weekdays between 9 a.m. and 3 p.m. To
make an appointment, call (703) 518–
6546 or send an email to
OGCMail@ncua.gov.
FOR FURTHER INFORMATION CONTACT:
Tawana James, Director, Office of
Minority and Women Inclusion, at (703)
518–1651; or Cynthia Vaughn, Diversity
Outreach Program Analyst, Office of
Minority and Women Inclusion, at (703)
518–1653.
SUPPLEMENTARY INFORMATION:
I. Background
In 1989, Congress enacted the
Financial Institutions Reform, Recovery
and Enforcement Act (FIRREA) 1 in
response to the failure of the Federal

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1 Public

Law 101–73, 103 Stat. 183.

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Savings and Loan Insurance Corporation
(FSLIC). FSLIC insured the deposits of
insolvent savings & loan institutions.
Section 308 of FIRREA established goals
for preserving and promoting minority
depository institutions.2 When
established, Section 308 applied only to
the Federal Deposit Insurance
Corporation (FDIC) and Office of Thrift
Supervision (OTS).3 The FDIC and OTS
developed various initiatives, such as
training, technical assistance, and
educational programs, aimed at
preserving federally insured banks and
savings institutions that meet FIRREA’s
definition of a minority depository
institution (MDI).4
In 2010, Congress enacted the Dodd
Frank Wall Street Reform and Consumer
Protection Act (Dodd Frank).5 Section
367(4)(A) of Dodd Frank amended
FIRREA § 308 to require NCUA, OCC,
and FRB to comply with its goals to
preserve and encourage MDIs.6 In
addition, Dodd Frank § 367(4)(B)
requires these agencies, along with
FDIC, to each submit an annual report
to Congress describing actions taken to
carry out FIRREA § 308.7
II. Interpretive Ruling and Policy
Statement (IRPS) 13–1
1. Why is the NCUA Board proposing
this IRPS?
The NCUA Board is proposing this
IRPS as the basis for establishing a
Minority Depository Institution
Preservation Program (MDI Program)
designed to achieve the goals of
preserving and encouraging Minority
Depository Institutions (MDIs) as
FIRREA § 308 directs. Recognizing the
important role of MDIs in minority
communities, the NCUA Board
envisions a program of proactive steps
and outreach efforts to promote and
preserve minority ownership in the
credit union industry. To this end, the
IRPS prescribes an MDI Program
featuring the eligibility criteria,
initiatives and benefits.
2 12

U.S.C. 1463 note (a).
Office of the Comptroller of the Currency
(OCC) and Board of Governors of the Federal
Reserve System (FRB) also initiated MDI programs
to comply with the spirit of FIRREA § 308, even
though they were not originally required to do so.
The OTS became part of the OCC on July 21, 2011.
OCC now administers the OTS MDI Program.
4 12 U.S.C. 1463 note (b).
5 Public Law 111–203, 124 Stat. 1376; 12 U.S.C.
5301 et seq.
6 124 Stat. 1556.
7 124 Stat. 1556.
3 The

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2. What are the goals and objectives of
the MDI Program?
The MDI Program embraces goals and
objectives related to credit union
viability and access. Specifically, the
program is consistent with NCUA’s
mission and the following two goals
identified in NCUA’s current strategic
plan:
• To ensure a safe, sound, and
healthy credit union system; and
• To promote access to credit unions
for all eligible persons.
The program also follows the
preservation goals and objectives of
FIRREA § 308 for MDIs 8 namely:
• To preserve the present number of
MDIs;
• To preserve the minority character
of MDIs in cases involving (involuntary)
mergers or acquisitions of an MDI by
following the priority of the prescribed
‘‘general preference guidelines’’ in

identifying a merger or acquisition
partner; 9
• To provide technical assistance to
prevent insolvency of MDIs not now
insolvent;
• To promote and encourage the
creation of new MDIs; and.
• To provide for training, technical
assistance, and educational programs.

NCUA defines a credit union
management official as a member of the
board of directors, supervisory
committee or credit committee, and
senior executive staff. Senior executive
staff includes the credit union’s chief
executive officer (typically titled as
President or Manager), Assistant Chief
Executive Officers (e.g., Vice-President
or Assistant Manager), Chief Financial
Officer, and branch managers.

To ensure the MDI has minority
representation at the senior management
level, NCUA is including management
officials as part of the definition to meet
the spirit of the FIRREA and Dodd
Frank Act.

8 Dodd Frank § 367(4)(A) expanded the
application of FIRREA § 308 to NCUA.
9 In priority, the general preference guidelines for
identifying an involuntary merger/acquisition
partner are: (a) Same type of MDI in the same city;
(b) Same type of MDI in the same state; (c) Same
type of MDI nationwide; (d) Any type of MDI in the
same city; (e) Any type of MDI in the same state;

(f) Any type of MDI nationwide; and (g) Any other
bidders (for merger/acquisition partners). 12 U.S.C.
1463 note (a)(2). Rules concerning FOM, least cost
to NCUSIF, and safety and soundness still apply to
all mergers.
10 12 U.S.C. 1463 note (b)(1). Compare 12 U.S.C.
5452(g)(3).

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3. Who would be eligible to participate
in the MDI Program?
A credit union meeting the definition
of an MDI is eligible to participate in the
MDI Preservation Program. In defining
an MDI, NCUA proposes to adapt
criteria consistent with FIRREA § 308’s
criteria for a minority depository
institution.10 Accordingly, NCUA is
proposing to define a Minority
Depository Institution as follows:
(a) A federally insured credit union
with more than 50 percent of its current

4. How will the MDI Program function?
NCUA’s Office of Minority and
Women Inclusion (OMWI) will
administer the MDI Program. A

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or eligible potential members falling
within any of the eligible minority
groups; and
(b) A federally insured credit union
with more than 50 percent of the current
management officials falling within any
of the eligible minority groups.
For a federally insured credit union to
meet this MDI definition, the percentage
of both (a) minority members and (b)
minority management officials must
exceed 50 percent.
To identify an eligible minority group,
NCUA will rely on FIRREA § 308’s
definition of a minority as any ‘‘Black
American, Asian American, Hispanic
American, or Native American.’’ 11 The
following chart from the Equal
Employment Opportunity Commission
shows a detailed description of the
minority groups falling within these
four categories:

federally insured credit union can selfcertify that it qualifies as an MDI by
affirmatively answering one of following
two questions 12 on NCUA’s Credit
Union Online System (CU Online
System) accessible from our Web site
(www.ncua.gov) or the CU Profile when
submitting a Call Report:
(a) Does your credit union have more
than 50 percent of its current members
and current management officials who
11 12

U.S.C. 1463 note (b)(2).
is changing the questions to inquire
about the minority representation among members
and management officials separately. NCUA is
currently pursuing OMB approval for this change in
conjunction with other changes to the call report.
12 NCUA

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are Black American, Native American,
Hispanic American, or Asian American?
(b) Does your credit union have more
than 50 percent of its eligible potential
members 13 and current management
officials who are Black American,
Native American, Hispanic American,
or Asian American?
The credit union must certify that the
eligibility criteria for members and
management officials have been met.
Credit unions with $50 million or less
in assets may self-certify based solely on
knowledge of their membership.
However, the management officials
must also meet the 50 percent MDI
criterion. Credit unions with assets over
$50 million may rely on one of the
following methods to determine the
minority composition of its current
membership or its potential field of
membership (FOM):
(A) Ascertain the minority
membership composition using
demographics data from the U.S. Census
by either:
(1) The area(s) where the current or
potential membership resides; or
(2) The area(s) consisting of the credit
union’s service area(s) 14 as prescribed
in the FOM designated by the credit
union’s charter.
If the U.S. Census data (e.g., census
tracts, zip codes, townships, boroughs,
cities, counties, etc.) shows the area’s
population is comprised mostly of
eligible minorities, the credit union may
assume its membership or service
area(s) have that minority composition.
(B) Use Home Mortgage Disclosure
Act (HMDA) to calculate the reported
number of minority mortgage applicants
divided by the total number of mortgage
applicants within the credit union’s
membership. If the share of minority
applicants meets or exceeds the 50
percent threshold, the membership
component may be met.
(C) Elect to voluntarily collect data
from members who choose to selfidentify themselves as minority and use
the data to determine the credit union’s
share of minority representation. The
13 Potential members correspond with the same
definition used for FOM expansions, which include
the community population for community
chartered credit unions; total employees for
occupational group(s); and total members for
associational groups. There are no adjustments for
family members.
14 A federal credit union’s service area is the area
that can reasonably be served by the service
facilities accessible to the groups within the field
of membership. The service area will most often
coincide with the geographic area primarily served
by the service facility. For a community credit
union, this is the geographic community it serves
as identified in the charter and FOM. For multiple
common bond credit unions, it can be the areas
where the select groups, in the charter and FOM,
are located.

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credit union may wish to consider using
an unbiased party to administer the
collection process. For example, data
can be collected through a member
survey assessing future services desired
or during the mail election ballots.
(D) Use any other reasonable form of
data, such as membership address list,
employer’s demographic analysis of
employees, etc.
A credit union with assets greater
than $50 million that self-identifies as
an MDI should maintain some form of
documentation demonstrating how it
determined the minority eligibility
criteria of (a) membership and (b)
management officials were met.15 Such
documentation may consist of
demographic data analysis obtained
from the U.S. Census Bureau
(www.census.gov), HDMA, or any other
reasonable form of data (e.g., sponsor
employee demographic or members’ zip
code analysis).
When a credit union self-identifies as
an MDI regardless of asset size, OMWI
may assess the legitimacy of the
certification (or the underlying data). If
there is doubt that the credit union
meets both minority criteria based on (a)
membership and (b) management
officials, the NCUA’s OWMI will:
(1) Notify the credit union in writing
about its findings.
(2) Provide the credit union an
opportunity to submit documentation
and/or rationale to support its MDI selfidentification within 60 days of
receiving OMWI’s notification.
(3) Review the credit union’s
information and inform the credit union
on whether it meets the minority criteria
based on the information submitted
within 60 days of OMWI’s receipt.
(4) Deny the MDI designation if the
credit union provides either no
information or, in NCUA’s discretion,
insufficient information or rationale to
support the certification on both
minority criteria (a) membership and (b)
management officials.
A federally insured credit union may
appeal the agency’s denial of an MDI
designation to the NCUA Board within
60 days of the date of OMWI’s notice of
denial.16
NCUA plans to develop and use a tool
to determine the minority composition
of a credit union’s membership using
their members’ zip code data obtained
from an AIRES download (similar to the
sections 3(a) and 3(b) supra.
an appeal must be filed with NCUA’s
OMWI Director and accompanied by
documentation that demonstrates the federally
insured credit union meets the MCU eligibility
requirements. On appeal, the NCUA Board will
determine whether the OMWI Director correctly
applied the minority eligibility criteria.

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current low-income designation tool).
NCUA will periodically review and
determine whether an MDI continues to
meet the MDI definition. Changes in the
MDI definition can occur from FOM
expansions (e.g., mergers, purchase and
assumptions, new groups added to the
FOM, or charter conversions) as well as
changes in the management officials
(e.g., elections, new hires, separations,
etc.).
An MDI should assess whether it
continues to meet the MDI definition at
least once a year (e.g., December 31st
call report cycle), and update its status
on NCUA’s Credit Union Online system
or Credit Union Profile of the Call
Report system, if necessary.
Participation in the MDI Program is
voluntary. An MDI may discontinue its
participation at any time by updating its
status on NCUA’s Credit Union Online
system. Upon such action, the credit
union would not be eligible to
participate in any MDI Program
initiatives (e.g., MDI merger/acquisition
preference consideration, MDI
partnerships, etc.).
5. What are the benefits of participating
in the MDI Program?
NCUA seeks to provide MDI Program
participants with a variety of benefits to
assist in preserving the economic
viability of their institutions. These
benefits include facilitating technical
assistance and educational
opportunities to MDIs in coordination
with NCUA’s Office of Small Credit
Union Initiatives (OSCUI). Such
technical assistance may include
participating in the agency’s Small
Credit Union Program,17 including:
(1) Participation in Small Credit
Union Consulting Program;
(2) Economic Development Specialist
assistance in addressing examination
concerns or topics of interest;
(3) participation in an NCUA
sponsored workshop; or
(4) assistance in obtaining a grant or
a loan through NCUA’s Community
Development Revolving Loan Fund
(CDRLF).
OMWI may aid in collaborating
partnerships between MDIs and other
organizations (e.g., MDIs, OSCUI, and
other sources) as a means of providing
technical and/or operational assistance
to MDIs. The technical and/or
operational assistance may include
training for officials and staff, expertise

15 See

16 Such

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17 The Small Credit Union Program’s initiatives
are generally offered to credit unions that have less
than $50 million in assets or are low-income
designated. Grants and loans from the CDRLF are
only available to low-income designated credit
unions. The workshops are open to all credit
unions.

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Federal Register / Vol. 78, No. 147 / Wednesday, July 31, 2013 / Notices
in technical areas (e.g., marketing,
bidding on merger proposals, etc.),
equipment and financial assistance for
specific projects/goals, etc.
Additionally, OMWI may assist in
locating a CU mentor or merger partner
for an MDI.
NCUA will publish a list of federally
insured MDIs on its Web site to enable
organizations (e.g., banks, MDIs, third
parties) to identify MDIs with which to
partner, mentor, provide resources, and/
or establish business relationships. For
example, banks can obtain Community
Reinvestment Act (CRA) credit for
investing in MDIs. If a bank has an
unused building, the bank could lease
the space to an MDI for free or at low
cost, and receive a corresponding CRA
credit.
NCUA will monitor the financial
condition of MDIs, and will provide an
annual report to Congress on the overall
financial condition of MDIs. Through
this process, the agency will also
identify MDIs that might benefit from
the MDI Program’s support and
technical assistance, such as mentoring,
partnerships, workshops, roundtables,
associations with other credit unions,
and support through programs such as
NCUA’s Small Credit Union Program or
the U.S. Treasury’s Community
Development Financial Institutions
Fund.
NCUA will attempt to preserve the
minority character of failing MDIs that
go through the involuntary merger or
acquisition process by using the General
Preference Guidelines outlined in
Section 308 to the FIRREA. In the event
of the merger of a troubled MDI, NCUA
will invite MDIs that qualify to bid on
failing MDIs, along with non-MDI credit
unions. Such actions would only occur
on involuntary mergers/acquisitions.
However, OMWI will offer assistance in
locating an MDI partner for those MDIs
wishing to voluntarily merge their
operations into another MDI. To be
considered an acquirer, an MDI must
document its desire to acquire an MDI
by registering itself on NCUA’s Merger
Registry via the CU Online System.
Additionally, if any organization
wishes to be considered as a candidate
for managing a conservatorship of an
MDI, it should document its interest by
completing an NCUA Vendor
Registration Form (NCUA 1772). The
vendor registration form can be
accessed, completed and submitted on
NCUA’s Web site under Procurement/
Contracting Opportunities. The form
can also be accessed via the following
link: http://www.ncua.gov/about/
Documents/Procurement/
VendorRegistration.pdf. OMWI will
provide a list of diverse candidates to

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the regions for consideration as the
interim Chief Executive Officer/Manager
of the MDI.
Finally, NCUA will provide assistance
to groups that may be interested in
chartering a new MDI. Staff will be
available to discuss the application
process with such groups.
III. Regulatory Procedures
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires NCUA to prepare an analysis to
describe any significant economic
impact a proposed IRPS may have on a
substantial number of small entities
(currently defined by NCUA as credit
unions with under $50 million in
assets). In this case, credit unions under
$50 million in assets can self-certify
their credit unions as meeting the MDI
definition based solely on their
knowledge of their current or potential
membership without any supporting
documentation.
Also, the economic impact of the MDI
Program on small entities would be
significantly beneficial in that the MDI
Program offers various forms of
technical assistance and educational
opportunities to eligible credit unions,
including those that qualify as small
entities, at no cost. NCUA therefore
certifies that the proposed IRPS will not
have a significant adverse economic
impact on a substantial number of credit
unions under $50 million in assets.
Accordingly, no regulatory flexibility
analysis is required.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(PRA) applies to rulemakings in which
an agency creates a new paperwork
burden on regulated entities or modifies
an existing burden. For purposes of the
PRA, a paperwork burden may take the
form of either a reporting or a
recordkeeping requirement, both
referred to as information collections.
NCUA has determined that the
procedure for credit unions to selfidentify as meeting the definition of an
MDI creates a new information
collection requirement. As required,
NCUA has applied to the Office of
Management and Budget (OMB) for
approval of the information collection
procedure described below.
To participate in the MDI program, a
credit union must answer two questions
based on the minority composition of its
(1) current or potential membership and
(2) current management officials. The
credit union must ascertain whether the
minority ratio of the credit union
members exceeds 50 percent and the
ratio of current management officials

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exceeds 50 percent. The credit union
may use (a) U.S. Census data (e.g.,
census tracts, zip codes, townships,
boroughs, cities, counties, etc.)
indicating that either the area where the
credit union’s potential membership
resides, or which is its service area, is
comprised mostly of eligible minorities;
(b) Home Mortgage Disclosure Act
(HMDA) data indicating that the ratio of
minority mortgage applicants exceeds
50 percent of total mortgage applicants
[within the credit union membership];
(c) voluntary collection of race,
ethnicity, origin data from membership;
or (d) any other reasonable form of data
that support the minority composition
of the membership. The credit union
may answer the questions regarding
minority membership and management
composition on NCUA’s Credit Union
Online System or in its Call Report.18 If
the credit union answers ‘‘yes’’ to both
questions, it will qualify as an MDI and
be eligible to participate in the MDI
program.
NCUA estimates that, with reasonable
access to the internet, it typically would
take credit union staff approximately 45
minutes to (1) locate, download and
review the U.S. Census or HMDA data
needed; (2) assess the minority
composition of its membership; and (3)
assess the minority composition of its
management officials to support the
credit union’s answers to the two MDI
self-identification questions. Certain
credit unions must retain the supporting
documentation in its files for
verification of its MDI eligibility.
NCUA has determined that 802 credit
unions would qualify as MDIs based on
their answers to the two questions as of
June 17, 2013. Of the 802 credit unions,
671 credit unions have assets of $50
million or less. NCUA proposes to allow
these 671 credit unions to self-identify
as an MDI based solely on the
knowledge of their membership. As a
result, the aggregate information
collection burden for the remaining 131
credit unions to self-identify as an MDI
is 98.25 hours (45 minutes × 131 MDIs
÷ 60 minutes). Also, we estimate that
approximately five percent of the 671
credit unions whose self-certification is
based on knowledge of membership
may be subject to question. Thus, the
aggregate information collection burden
for those 40 credit unions (671 × .05) is
30 hours (45 minutes × 40 MDIs ÷ 60
minutes). Total hours estimated are
128.25 hours annually.
18 In 2011, NCUA published a PRA notice to
insert the MCU self-identification questions into the
Call Report. 76 FR 54498 (Sept. 1, 2011); 76 FR
62456 (Oct. 7, 2011).

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Organizations and individuals
wishing to submit comments on this
information collection requirement
should direct them to the Office of
Information and Regulatory Affairs,
OMB, Attn: Shagufta Ahmed, Room
10226, New Executive Office Building,
Washington, DC 20503, with a copy to
the Secretary of the Board, National
Credit Union Administration, 1775
Duke Street, Alexandria, Virginia
22314–3428. The PRA requires OMB to
make a decision concerning the
collection of information contained in
the proposed regulation between 30 and
60 days after publication of this
document in the Federal Register.
NCUA considers comments by the
public on this proposed collection of
information in:
• Evaluating whether the proposed
collection of information is necessary
for the proper performance of the
functions of the NCUA, including
whether the information will have a
practical use;
• Evaluating the accuracy of the
NCUA’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Enhancing the quality, usefulness,
and clarity of the information to be
collected; and
• Minimizing the burden of collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology (e.g., permitting
electronic submission of responses).
Executive Order 13132
Executive Order 13132 encourages
independent regulatory agencies to
consider the impact of their actions on
state and local interests. NCUA, an
independent regulatory agency as
defined in 44 U.S.C. 3502(5), voluntarily
complies with the executive order to
adhere to fundamental federalism
principles. This IRPS would not have a
substantial direct effect on the states, on
the relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government. NCUA has
determined that this proposed rule does
not constitute a policy that has
federalism implications for purposes of
the executive order.
Assessment of Federal Regulations and
Policies on Families
NCUA has determined that this IRPS
will not affect family well-being within
the meaning of Section 654 of the

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Treasury and General Government
Appropriations Act, 1999, Public Law
105–277, 112 Stat. 2681 (1998).
Agency Regulatory Goal
The Board’s goal is to promulgate
clear and understandable regulations
that impose minimal regulatory burden.
We request your comments on whether
this IRPS is understandable and
minimally intrusive if implemented as
proposed.
By the National Credit Union
Administration Board on July 25, 2013.
Mary Rupp,
Secretary of the Board.
[FR Doc. 2013–18300 Filed 7–30–13; 8:45 am]
BILLING CODE 7535–01–P

NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–409; NRC–2013–0168]

La Crosse Boiling Water Reactor,
Environmental Assessment and
Finding of No Significant Impact
Regarding an Exemption Request
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact;
issuance.
AGENCY:

John
Hickman, Division of Waste
Management and Environmental
Protection, Office of Federal and State
Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Mail Stop: T8–
F5, Washington, DC 20555–00001.
Telephone: 301–415–3017; email:
John.Hickman@nrc.gov.

FOR FURTHER INFORMATION CONTACT:

SUPPLEMENTARY INFORMATION:

I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) staff is considering a
request dated June 18, 2012, by
Dairyland Power Cooperative (DPC, the
licensee) requesting exemptions from
specific emergency planning
requirements of part 50 of Title 10 of the
Code of Federal Regulations (10 CFR)
for the La Crosse Boiling Water Reactor
(LACBWR) facility and Independent
Spent Fuel Storage Installation (ISFSI).
This environmental assessment (EA)
has been developed in accordance with
the requirements of 10 CFR 51.21.
II. Environmental Assessment
Identification of Proposed Action
The proposed action would exempt
LACBWR, a 10 CFR part 50 licensee,

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from certain 10 CFR part 50 emergency
planning (EP) requirements because
LACBWR is permanently shut-down
and defueled.
Need for Proposed Action
On November 23, 2011, the NRC
issued a Final Rule modifying or adding
EP requirements in Section 50.47,
Section 50.54, and Appendix E of 10
CFR part 50 (76 FR 72560). The EP Final
Rule was effective on December 23,
2011, with specific implementation
dates for each of the rule changes,
varying from the effective date of the
Final Rule through December 31, 2015.
The EP Final Rule codified certain
voluntary protective measures
contained in NRC Bulletin 2005–02,
‘‘Emergency Preparedness and Response
Actions for Security-Based Events,’’ and
generically applicable requirements
similar to those previously imposed by
NRC Order EA–02–026, ‘‘Order for
Interim Safeguards and Security
Compensatory Measures,’’ dated
February 25, 2002. In addition, the EP
Final Rule amended other licensee
emergency plan requirements to: (1)
Enhance the ability of licensees in
preparing and in taking certain
protective actions in the event of a
radiological emergency; (2) address, in
part, security issues identified after the
terrorist events of September 11, 2001;
(3) clarify regulations to effect
consistent emergency plan
implementation among licensees; and
(4) modify certain EP requirements to be
more effective and efficient. However,
the EP Final Rule was only an
enhancement to the NRC’s regulations
and was not necessary for adequate
protection. On page 72563 of the
Federal Register notice for the EP Final
Rule, the Commission ‘‘determined that
the existing regulatory structure ensures
adequate protection of public health and
safety and common defense and
security.’’
The licensee claims that the proposed
action is needed because the Final Rule
imposed requirements on LACBWR that
are not necessary to meet the underlying
purpose of the regulations in view of the
greatly reduced offsite radiological
consequences associated with the
current plant status as permanently shut
down and with the spent nuclear fuel
stored in an ISFSI. The EP program at
this facility met the EP requirements in
10 CFR part 50 that were in effect before
December 23, 2011, subject to any
license amendments or exemptions
modifying the EP requirements for the
licensee. Thus, compliance with the EP
requirements in effect before the
effective date of the EP Final Rule
demonstrated reasonable assurance that

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