[Federal Register Volume 72, Number 97 (Monday, May 21, 2007)]
[Proposed Rules]
[Pages 28455-28456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9713]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 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.
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 

  Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Proposed 
Rules  

[[Page 28455]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 1

RIN 3150-AI17


Emergency Preparedness Policies Developed for Nuclear Materials 
Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is proposing to amend 
its regulations that govern organization and functions of NRC offices. 
This action is necessary to clarify emergency preparedness program 
responsibilities of the Office of Nuclear Security and Incident 
Response. The current limiting reference of ``nuclear reactors'' would 
be replaced with the phrase ``nuclear facilities.''

DATES: Comments on the proposed rule must be received on or before June 
20, 2007.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the following number (RIN 3150-AI17) in the subject line 
of your comments. Comments on rulemakings submitted in writing or in 
electronic form will be made available for public inspection. Because 
your comments will not be edited to remove any identifying or contact 
information, the NRC cautions you against including personal 
information such as social security numbers and birth dates in your 
submission.
    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 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 
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 PDR Reference staff at 1-800-397-4209, 301-415-4737 or 
by e-mail to [email protected].

FOR FURTHER INFORMATION CONTACT: Kevin R. O'Sullivan, Office of Federal 
and State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
8112, e-mail [email protected].

SUPPLEMENTARY INFORMATION: For additional information see the Direct 
Final Rule published in the final rules section of this Federal 
Register.

Procedural Background

    Because the NRC considers this action non-controversial and 
routine, the NRC is publishing this proposed rule concurrently as a 
direct final rule. The direct final rule will become effective on 
August 6, 2007. However, if the NRC receives significant adverse 
comments on the direct final rule by June 20, 2007, then the NRC will 
publish a document to withdraw the direct final rule. If the direct 
final rule is withdrawn, the NRC will address the comments received in 
response to the proposed revisions in a subsequent final rule. Absent 
significant modifications to the proposed revisions requiring 
republication, the NRC will not initiate a second comment period for 
this action if the direct final rule is withdrawn.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is adverse and significant if:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, a substantive response is required when:
    (A) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (B) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (C) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the staff to make a change (other than 
editorial) to the rule.

List of Subjects in 10 CFR Part 1

    Organization and function (Government agencies).

    For the reasons set out in the preamble and under the authority of 
the Atomic Energy Act of 1954, as amended; the Energy Reorganization 
Act of 1974, as amended; and 5 U.S.C. 553; the NRC is proposing to 
adopt the following amendments to 10 CFR part 1.

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

    1. The authority citation for part 1 continues to read as follows:


[[Page 28456]]


    Authority: Secs. 23, 161, 68 Stat. 925, 948, as amended (42 
U.S.C. 2033, 2201); sec. 29, Pub. L. 85-256, 71 Stat. 579, Pub. L. 
95-209, 91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. L. 87-615, 76 
Stat. 409 (42 U.S.C. 2241); secs. 201, 203, 204, 205, 209, 88 Stat. 
1242, 1244, 1245, 1246, 1248, as amended (42 U.S.C. 5841, 5843, 
5844, 5845, 5849); 5 U.S.C. 552, 553; Reorganization Plan No. 1 of 
1980, 45 FR 40561, June 16, 1980.

    2. In Sec.  1.46, paragraph (c) is revised to read as follows:


Sec.  1.46  Office of Nuclear Security and Incident Response.

* * * * *
    (c) Develops emergency preparedness policies, regulations, 
programs, and guidelines for nuclear facilities;
* * * * *

    Dated at Rockville, Maryland, this 8th day of May, 2007.

    For the Nuclear Regulatory Commission.

Martin J. Virgilio,
Acting Executive Director for Operations.
[FR Doc. E7-9713 Filed 5-18-07; 8:45 am]
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