[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Proposed Rules]
[Pages 67098-67099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22121]



10 CFR Part 63

RIN 3150-AH68

Implementation of a Dose Standard After 10,000 Years; Extension 
of Comment Period

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule: Extension of comment period.


SUMMARY: On September 8, 2005 (70 FR 53313), the U.S. Nuclear 
Regulatory Commission (NRC) published for public comment a proposed 
rule that would

[[Page 67099]]

amend its regulations governing the disposal of high-level radioactive 
wastes in a proposed geologic repository at Yucca Mountain, Nevada. The 
proposed rule would implement the U.S. Environmental Protection 
Agency's (EPA's) proposed standards for doses that could occur after 
10,000 years but within the period of geologic stability. The comment 
period for EPA's proposed standards currently expires on November 21, 
2005 (extended 30 days from October 21, 2005); the comment period for 
NRC's proposed rule currently expires on November 7, 2005.
    A letter was received from U.S. Senators Harry Reid and John Ensign 
from the State of Nevada requesting that the comment period for NRC's 
proposed rule be extended to a total of 180 days, or at least past the 
date of EPA's 30-day extension. Another letter representing several 
citizen and environmental groups requested that the deadline for 
comments be extended to 180 days. In addition, a letter from the Agency 
for Nuclear Projects, on behalf of the State of Nevada, requested that 
NRC extend its comment period for an additional 30 days, consistent 
with EPA's 30-day extension of its comment period.
    Given the interrelationship between these two proposed rules, and 
for consistency with the ongoing EPA rulemaking process, NRC has 
decided to extend the comment period for its rulemaking an additional 
30 days to December 7, 2005, for a total comment period of 90 days. In 
vacating the compliance period in NRC's rule at 10 CFR part 63, the 
United States Court of Appeals for the District of Columbia Circuit has 
made clear that it is ``NRC's obligation under the [Energy Policy Act 
of 1992] to maintain licensing criteria that are consistent with the 
public health and safety standards promulgated by EPA.'' See Nuclear 
Energy Institute, Inc. v. EPA, 373 F.3d 1251, 1299 (D.C. Cir. 2004). 
Thus NRC's proposed rule, for the most part, simply implements EPA's 
proposed standards for doses that could occur after 10,000 years but 
within the period of geologic stability, and its final rule will need 
to implement any changes EPA may make with respect to its standards. 
NRC's proposed rule provides further detail for implementing the EPA 
standard in only two specific areas: A value to represent climate 
change after 10,000 years; and a requirement that calculations of 
radiation doses for workers use the same weighting factors that EPA is 
proposing for calculating individual doses to members of the public. A 
lengthy period of time should not be needed by potential commenters to 
address these issues. Hence the NRC's 30-day extension is believed to 
be appropriate.

DATES: The comment period has been extended and now expires on December 
7, 2005. Comments received after this date will be considered if it is 
practical to do so, but NRC is able to assure 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 (RIN 3150-AH68) in the subject line 
of your comments. Comments on rulemakings 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 Web site to Carol Gallagher (301) 415-5905; e-mail 
[email protected]. Comments can also be submitted via the Federal eRulemaking 
Portal at http://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 a.m. and 4:15 p.m. 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 rulemaking may be 
examined and copied for a fee at the NRC's Public Document Room, Public 
File Area O1 F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland. Selected documents, including comments, can be 
viewed and downloaded electronically via the NRC rulemaking Web site at 
    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/NRC/ADAMS/index.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 Reference staff at 1-800-397-4209, 
(301) 415-4737, or by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Timothy McCartin, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-7285, e-mail 
[email protected]; Janet Kotra, Office of Nuclear Material Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone (301) 415-6674, e-mail [email protected]; or Frank Cardile, 
Office of Nuclear Material Safety and Safeguards, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
6185, e-mail [email protected].

    Dated at Rockville, Maryland, this 1st day of November, 2005.
    For the Nuclear Regulatory Commission.
Luis A. Reyes,
Executive Director for Operations.
[FR Doc. 05-22121 Filed 11-3-05; 8:45 am]