[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Proposed Rules]
[Pages 17794-17795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8830]
========================================================================
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. 74, No. 73 / Friday, April 17, 2009 /
Proposed Rules
[[Page 17794]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 37
[NRC-2008-0120]
RIN 3150-AI12
Physical Protection of Byproduct Material
AGENCY: Nuclear Regulatory Commission.
ACTION: Availability of preliminary draft rule language.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) is making available
preliminary draft proposed rule language to amend its regulations to
add a new part 37 to Title 10 of the Code of Federal Regulations. This
new part 37 will contain the security (physical protection)
requirements that are designed to provide reasonable assurance of
preventing the theft or diversion of category 1 and category 2
quantities of radioactive material as designated by the International
Atomic Energy Agency (IAEA). The new provisions will address background
investigations, access control, physical security during use, and
physical security during any transport of category 1 and category 2
quantities of radioactive material. At this time, the staff is only
posting the preliminary draft language for the background
investigations and access control program. These requirements will be
contained in subpart B of the new part 37. The draft preliminary
language for the transportation security was noticed in November 2008
(73 FR 69590; November 19, 2008). Draft preliminary language for
physical security during use will be posted and noticed in the future.
The availability of the preliminary draft rule language is intended to
inform stakeholders of the current status of the NRC's activities and
solicit public comments on the information being provided at this time.
Comments may be provided as indicated under the ADDRESSES heading. The
NRC may post updates periodically under Docket NRC-2008-0120
on the Federal eRulemaking Portal at http://www.regulations.gov that
may be of interest to stakeholders.
DATES: Submit comment by June 1, 2009. Comments received after this
date will be considered if it is practical to do so, but the 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 number RIN 3150-AI12 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 in NRC's
Agencywide Documents Access and Management System (ADAMS) and at http://www.regulations.gov. Personal information, such as your name, address,
telephone number, e-mail address, etc., will not be removed from your
submission.
Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2008-0120]. Address
questions about NRC dockets to Carol Gallagher 301-415-5905; e-mail
[email protected].
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 301-415-1677. 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 am and 4:15 pm Federal workdays. (Telephone 301-
415-1677)
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
301-415-1101.
You can access publicly available documents related to this
document using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Public
File Area O-1F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852-2738.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into 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's PDR
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to
[email protected].
Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2008-0120].
FOR FURTHER INFORMATION CONTACT: Merri Horn, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
8126, e-mail [email protected].
SUPPLEMENTARY INFORMATION: The preliminary draft rule language can be
viewed and downloaded electronically via the Federal eRulemaking Portal
at http://www.regulations.gov by searching for Docket NRC-
2008-0120 as well as in ADAMS under ADAMS Accession Number ML090900428.
The staff is proposing to add a new part 37 that will contain the
security (physical protection) requirements that are designed to
provide reasonable assurance of preventing the theft or diversion of
category 1 and category 2 quantities of radioactive material as
designated by the International Atomic Energy Agency. The new
provisions will address background investigations and access control,
physical security during use, and physical security during any
transport of category 1 and category 2 quantities of radioactive
material. At this time, the staff is only posting the preliminary draft
language for the background investigation and access control program.
These requirements will be contained in subpart B of the new part 37.
Draft preliminary language for physical protection during use will be
posted and noticed in the future.
The NRC is making a preliminary version of this draft proposed rule
language available to inform
[[Page 17795]]
stakeholders of the current status of this proposed rulemaking. The NRC
is inviting stakeholders to comment on the draft preliminary language.
This preliminary draft rule language may be subject to significant
revisions during the rulemaking process. Public input at this stage
will help inform the development of the proposed rule.
The NRC will review and consider any comments received; however,
the NRC will not respond to any comments received at this pre-
rulemaking stage. As appropriate, the Statements of Consideration for
the proposed rule will briefly discuss any substantive changes made to
the preliminary draft proposed rule language as a result of comments
received on this preliminary version. Stakeholders will also have an
opportunity to comment on the rule language when it is published as a
proposed rule in accordance with the provisions of the Administrative
Procedure Act. The NRC will respond to any such comments in the
Statements of Consideration for the final rule.
The NRC may post updates to the preliminary draft proposed rule
language on the Federal eRulemaking Portal under Docket NRC-
2008-0120. Regulations.gov allows members of the public to set-up
notifications so that they may be alerted when documents are added to a
docket. Users are notified via e-mail at an e-mail address provided at
the time of registration for the notification. Directions for signing
up for the automatic notifications can be found at http://www.regulations.gov. To do so, search for the docket you are interested
in and then choose ``Notification,'' found under the title of each
action.
Dated at Rockville, Maryland, this 10th day of April 2009.
For the Nuclear Regulatory Commission.
Mark R. Shaffer,
Director, Division of Intergovernmental Liaison and Rulemaking, Office
of Federal and State Materials and Environmental Management Programs.
[FR Doc. E9-8830 Filed 4-16-09; 8:45 am]
BILLING CODE 7590-01-P