[Federal Register Volume 72, Number 97 (Monday, May 21, 2007)]
[Rules and Regulations]
[Pages 28449-28450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9714]



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

[[Page 28449]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 1

RIN 3150-AI17


Emergency Preparedness Policies Developed for Nuclear Materials 
Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Direct final rule.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) is amending 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'' will 
be replaced with the phrase ``nuclear facilities.''

DATES: The final rule is effective on August 6, 2007, unless 
significant adverse comments are received by June 20, 2007. 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. If the NRC receives any significant adverse comments, 
the NRC will publish a document that withdraws the direct final rule 
and addresses the comments received in a final rule as a response to 
the companion proposed rule published elsewhere in this issue of the 
Federal Register.

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 20852. 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:

Background

    The NRC's regulations at 10 CFR part 1 identify the 
responsibilities of NRC program offices. On November 16, 2005 (70 FR 
69422), the NRC amended 10 CFR part 1 to add, in a new Sec.  1.46, the 
program responsibilities of the Office of Nuclear Security and Incident 
Response (NSIR). Section 1.46(c) specifies that NSIR develops emergency 
preparedness policies, regulations, programs, and guidelines for 
currently licensed nuclear reactors and potential new nuclear reactors.
    The only revision to 10 CFR 1.46 now being made is to 10 CFR 
1.46(c) to remove reference to ``nuclear reactors'' and add the term 
``nuclear facilities.''

Discussion

    Section 1.46(c) specifies that NSIR develops emergency preparedness 
policies, regulations, programs, and guidelines for both currently 
licensed nuclear reactors and potential new nuclear reactors. The 
emergency preparedness programs for other nuclear facilities, including 
fuel cycle, spent fuel storage, transportation, waste, and various non-
fuel cycle materials facilities, have been the responsibility of the 
Office of Nuclear Material Safety and Safeguards (NMSS). In January 
2004, the Commission announced the consolidation of emergency 
preparedness and incident response functions within NSIR to centralize 
policy and program oversight of these activities.
    This rule removes the limiting reference of ``nuclear reactors'' 
and adds the phrase ``nuclear facilities'' to the end of Sec.  1.46(c).
    This revision clarifies that NSIR has the programmatic 
responsibility for emergency preparedness policies, regulations, 
programs, and guidelines for all of the nuclear facilities that are 
under NRC jurisdiction. The transfer of certain emergency preparedness 
program responsibilities from NMSS to NSIR is being undertaken 
consistent with those Offices' management commitments.

[[Page 28450]]

Procedural Background

    Because the NRC considers this action to be non-controversial, the 
NRC is using the direct final rule process for this rule. This rule 
will become effective on August 6, 2007. However, if the NRC receives 
significant adverse comments on this direct final rule by June 20, 
2007, the NRC will publish a document that withdraws the direct final 
rule and address the comments received in a final rule as a response to 
the companion proposed rule published elsewhere in this issue of the 
Federal Register. Absent significant modifications to the proposed 
revisions requiring republication, the NRC will not initiate a second 
comment period on this action.
    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.

Voluntary Consensus Standards

    The National Technology Transfer Act of 1995 (Pub. L. 104-113) 
requires that Federal agencies use technical standards that are 
developed or adopted by voluntary consensus standards bodies unless the 
use of such a standard is inconsistent with applicable law or otherwise 
impractical. In this direct final rule, the NRC is amending its 
regulations to clarify NSIR emergency preparedness program 
responsibilities. This action does not constitute the establishment of 
a standard that establishes generally applicable requirements.

Agreement State Compatibility

    Under the ``Policy Statement on Adequacy and Compatibility of 
Agreement State Programs'' approved by the Commission on June 30, 1997, 
and published in the Federal Register on September 3, 1997 (62 FR 
46517), this portion of regulations is designated Category ``NRC'' and 
therefore, is not a matter of Compatibility. Although an Agreement 
State may not adopt program elements reserved for NRC, it may inform 
its licensees of certain requirements through a mechanism that is 
consistent with the particular States administrative procedures laws, 
but does not confer regulatory authority on the State.

Plain Language

    The Presidential Memorandum dated June 1, 1998, entitled, ``Plain 
Language in Government Writing'' directed that the Government's writing 
be in plain language. The NRC requests comments on this direct final 
rule specifically with respect to the clarity and effectiveness of the 
language used. Comments should be sent to the address listed under the 
heading ADDRESSES above.

Environmental Impact: Categorical Exclusion

    The NRC has determined that this direct final rule is the type of 
action described in categorical exclusion 10 CFR 51.22(c)(2). Therefore 
neither an environmental impact statement nor an environmental 
assessment has been prepared for this direct final rule.

Paperwork Reduction Act Statement

    This direct final rule does not contain information collection 
requirements and, therefore, is not subject to the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Public Protection Notification

    The NRC may not conduct or sponsor, and a person is not required to 
respond to, a request for information or an information collection 
requirement unless the requesting document displays a currently valid 
OMB control number.

Regulatory Analysis

    A regulatory analysis has not been prepared for this direct final 
rule because this rule is considered a minor non-substantive amendment; 
it has insignificant economic impact on NRC licensees and the public.

Regulatory Flexibility Certification

    As required by the Regulatory Flexibility Act of 1980 (5 U.S.C. 
605(b)), the Commission certifies that this rule does not have a 
significant economic impact on a substantial number of small entities. 
This rule merely clarifies NSIR programmatic responsibilities.

Backfit Analysis

    The NRC has determined that the backfit rule does not apply to this 
direct final rule because this amendment does not involve any 
provisions that would impose backfits as defined in the backfit rule. 
Therefore, a backfit analysis is not required.

Congressional Review Act

    As required by the Congressional Review Act of 1996, the NRC has 
determined that this action is not a major rule and has verified this 
determination with the Office of Information and Regulatory Affairs of 
OMB.

List of Subjects in 10 CFR Part 1

    Organization and function (Government agencies).

0
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. 552 and 553; the NRC is adopting the 
following amendments to 10 CFR part 1.

PART 1--STATEMENT OF ORGANIZATION AND GENERAL INFORMATION

0
1. The authority citation for part 1 continues to read as follows:

    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.


0
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. E7-9714 Filed 5-18-07; 8:45 am]
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