[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Proposed Rules]
[Pages 59346-59347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25986]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 68, No. 199 / Wednesday, October 15, 2003 / 
Proposed Rules  

[[Page 59346]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 40

[Docket No. PRM-40-29]


Terrence O. Hee, Ion Technology; Receipt of Petition for 
Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemakings; notice of receipt.

-----------------------------------------------------------------------

SUMMARY: The Commission seeks public comment on a petition for 
rulemaking filed August 7, 2003, by Terrence O. Hee, Ion Technology 
(the petitioner), docketed PRM-40-29. The petition requests amendment 
of the NRC's regulations regarding unimportant quantities of source 
material to exempt end users of a catalytic device containing thorium 
from the NRC's licensing requirements. The petitioner asserts that this 
device, in conjunction with a patented new methodology, could 
substantially reduce air pollution chemicals from mobile and stationary 
combustion processes.

DATES: Submit comments by December 29, 2003. Comments received after 
this date will be considered if it is practical to do so, but the 
Commission is able to ensure consideration only for comments received 
on or before this date.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (PRM-40-29) in the subject line of 
your comments. Comments on petitions submitted in writing or in 
electronic form will be made available to the public in their entirety 
on the NRC rulemaking web site. Personal information will not be 
removed from your comments.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. You may also submit comments via the NRC's 
rulemaking web site at http://ruleforum.llnl.gov. Address questions 
about our rulemaking website to Carol Gallagher (301) 415-5905; email 
[email protected].
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 am and 4:15 pm Federal workdays. (Telephone (301) 
415-1966).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 415-1101.
    Publicly available documents related to this petition may be viewed 
electronically on the public computers located at the NRC's Public 
Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville 
Pike, Rockville, Maryland. The PDR reproduction contractor will copy 
documents for a fee. Selected documents, including comments, may be 
viewed and downloaded electronically via the NRC rulemaking web site at 
http://ruleforum.llnl.gov.
    Publicly available documents created or received at the NRC after 
November 1, 1999, are available electronically at the NRC's Electronic 
Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this 
site, the public can gain entry into the NRC's Agencywide Document 
Access and Management System (ADAMS), which provides text and image 
files of NRC's public documents. If you do not have access to ADAMS or 
if there are problems in accessing the documents located in ADAMS, 
contact the NRC Public Document Room (PDR) Reference staff at 1-800-
397-4209, 301-415-4737 or by email to [email protected].

FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rules and 
Directives Branch, Division of Administrative services, Office of 
Administration, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001 or e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

The Petitioner

    The petitioner, Terrence O. Hee, (Ion Technology), has U.S. 
distribution rights to a catalytic device containing thorium. The 
petitioner states that the device is part of a ``new technology for the 
reduction of air pollution chemicals'' produced by mobile and 
industrial combustion processes, and gives two reasons for submitting 
this petition: (1) To contribute to the cleaning up of the air, and (2) 
a monetary interest.

Background

    The petitioner states that 10 CFR 40.13 (c), Unimportant quantities 
of source material, currently would not exempt each end user of a 
catalytic device containing thorium from having to obtain an NRC 
license to possess such a device. The petitioner asserts that there are 
potentially millions of users for this device, and that obtaining ``an 
individual license for each application would prove to be burdensome 
for the state agencies issuing the individual licenses and to those 
wishing to use the devices.''

Proposed Action

    The current regulations at 10 CFR 40.13(c) exempt from licensing 
requirements certain uses of thorium (e.g., in incandescent gas 
mantles, vacuum tubes, welding rods, electric lamps, personnel neutron 
dosimeters). Also exempted is source material contained in products 
such as glazed ceramic tableware, piezoelectric ceramic, and glassware. 
The petitioner proposes to add an exemption to this section of the 
Commission's regulations for catalytic devices containing thorium, and 
suggests the following language:

    Any patented catalyst used in the treatment of fuel, gas or air 
streams for combustion processes, or other processes provided that 
the thorium content does not exceed 6 percent by weight. The weight 
percentage to be calculated for either a homogeneous mixture or as a 
coating on a substrate base, with the base and the coating being 
considered the same as a homogeneous mixture, and the finished 
product is constructed in a manner that will prevent the exposure of 
the public to any radiation during the normal application and use of 
this technology.

Rationale

    The Petitioner offers the following rationale in support of its 
petition:
    (1) The ``environmental and quality of life benefits'' derived from 
the application of this technology are ``currently enjoyed by the 
citizens of Japan.'' The petitioner goes on to state that this 
technology is proposed for license in China as a way to reduce air 
pollution;
    (2) Implementation of these devices can reduce the cost of air 
emissions

[[Page 59347]]

pollution control to U.S. industry over the cost of current methods, 
thus enhancing the ability of industry to meet strict air emission 
standards;
    (3) Workers involved with the devices will be protected from the 
low levels of radiation exposure by a metal housing encasing the 
thorium-bearing material;
    (4) The devices are manufactured in Japan, so no U.S. workers will 
have direct contact with the thorium-bearing material; and
    (5) The long-term effect on the environment would be ``reduced 
emissions of air pollutants from mobile and stationary combustion 
sources'', and the petitioner states that the device ``could also lead 
to a reduction in the volume of hydrocarbon fuels used.''
    In addition, the petitioner explains that the public is protected 
by housings shielding the radiation-emitting material, and that the 
housings are designed not to be ``readily disassembled by the 
curious.'' The petitioner states the product will have warning labels 
which instruct users in the proper disposal method, which is only by 
return of the product to the distributor; the petitioner anticipates 
that these labels would prevent long-term negative effects on the 
environment. The petitioner notes that disposal instructions would also 
be in the ``Material Safety Data Sheet'' delivered with each device.
    The Petitioner projects the product to have a 30-year life cycle, 
and expects no short-term negative effects on the environment from 
disposal of the devices. The petitioner believes that the product is a 
safe and cost-effective method for contributing to the reduction of air 
pollution chemicals in the air in the United States and claims that it 
poses no adverse risk to the public or to workers involved in 
installing or removing the devices.

Relevant Technical Information

    The petitioner states that Honda Motor Company is currently 
installing the technology as a factory-installed device on their 
diesel-powered vehicles, and claims use of this technology in Japan has 
demonstrated a reduction of air pollution chemicals and a reduction in 
fuel consumption. The petitioner submits test data showing reductions 
of soot emissions after installation of the device on diesel bus 
engines on the Okayama Bus Line company and a Caterpillar/Mitsubishi 
diesel-powered shovel. The petitioner also submits data showing 
reductions in nitrogen oxides, carbon monoxide, and hydrocarbons for a 
1989 gasoline-fueled Mercedes Benz, and similar data for a 1998 
Mitsubishi van. The petitioner also presents ``fuel usage reduction 
examples'' comparing various makes and models of vehicles before and 
after installation of the catalytic device. The petitioner's data 
claims fuel savings ranging from 53.96 percent for a Mitsubishi Minicar 
to 8.19 percent for a Mitsubishi truck.

Conclusion

    The petitioner believes that the proposed change to the 
Commission's regulations to allow the use of catalytic devices 
containing thorium in the United States is appropriate because it will 
benefit citizens by increasing the efficiency of combustion processes, 
reducing the use of hydrocarbon fuels, and lowering air pollutant 
emissions. The petitioner concludes that this technology poses no 
hazard to users or the public.

    Dated at Rockville, Maryland, this 7th day of October, 2003.
    For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
[FR Doc. 03-25986 Filed 10-14-03; 8:45 am]
BILLING CODE 7590-01-P