[Federal Register Volume 74, Number 111 (Thursday, June 11, 2009)]
[Proposed Rules]
[Pages 27724-27725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-13713]


 ========================================================================
 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. 74, No. 111 / Thursday, June 11, 2009 / 
Proposed Rules  

[[Page 27724]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 52

[NRC-2008-0122]
RIN 3150-AI10


Enhancements to Emergency Preparedness Regulations

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule: Extension of comment period.

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SUMMARY: On May 18, 2009 (74 FR 23254), the Nuclear Regulatory 
Commission (NRC) published for public comment a proposed rule that 
would amend certain emergency preparedness (EP) requirements in its 
regulations that govern domestic licensing of production and 
utilization facilities. A conforming provision would also be added in 
the regulations that govern licenses, certifications, and approvals for 
new nuclear power plants. The proposed amendments would codify certain 
voluntary protective measures contained in NRC Bulletin 2005-02, 
``Emergency Preparedness and Response Actions for Security-Based 
Events,'' and other generically applicable requirements similar to 
those previously imposed by Commission orders. They would also amend 
other licensee emergency plan requirements based on a comprehensive 
review of the NRC's EP regulations and guidance. The proposed 
requirements would enhance the ability of licensees in preparing to 
take and taking certain emergency preparedness and protective measures 
in the event of a radiological emergency; address, in part, security 
issues identified after the terrorist events of September 11, 2001; 
clarify regulations to effect consistent emergency plan implementation 
among licensees; and modify certain EP requirements to be more 
effective and efficient. Also, the NRC published for public comment 
three guidance documents related to the EP proposed rule: DG-1237, 
``Guidance on Making Changes to Emergency Response Plans for Nuclear 
Power Reactors'' (74 FR 23220); ``NUREG/CR-XXXX, Criteria for 
Development of Evacuation Time Estimate Studies'' (74 FR 23219); and 
Interim Staff Guidance (ISG) NSIR/DPR-ISG-01, ``Emergency Planning for 
Nuclear Power Plants'' (74 FR 23221). A 75-day comment period was 
provided for the proposed rule and guidance documents, set to expire on 
August 3, 2009. Comments specific to the information collection aspects 
of the proposed rule were due on June 17, 2009.
    The proposed rule and related guidance documents comment submittal 
deadline is extended from the original August 3, 2009, deadline to 
October 19, 2009, and the information collections analysis deadline is 
extended from the original June 17, 2009, deadline to August 17, 2009.

DATES: The comment period for the proposed rule and related guidance 
documents has been extended and now expires on October 19, 2009. The 
comment period for the information collection aspects of this proposed 
rulemaking has been extended by 60 days and now expires on August 17, 
2009. 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 before this date.

ADDRESSES: You may submit comments by any one of the following methods. 
Comments 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 any information in your submission that 
you do not want to be publicly disclosed.
    Federal e-Rulemaking Portal: Go to http://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2008-0122]. Address 
questions about NRC dockets to Carol Gallagher, telephone (301) 492-
3668; 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.
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
(301) 492-3446.
    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.
    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, or (301) 415-4737, or by e-mail to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Lauren Qui[ntilde]ones, Office of 
Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone (301) 415-2007, e-mail 
[email protected]; or Don Tailleart, Office of Nuclear Security 
and Incident Response, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001, telephone (301) 415-2966, e-mail [email protected].

SUPPLEMENTARY INFORMATION: During the period of May 18-May 29, 2009, 
the NRC received seven letters from nuclear power industry 
representatives and various state agencies requesting that the comment 
period for the proposed rulemaking be extended. Five of the requests 
asked for an extension of 75 days for a total of 150 days, and two of 
the requests asked for an extension of 105 days for a total of 180 
days. Nuclear power industry representatives and state agencies stated 
various reasons to support their request (listed below):
    (1) This is a substantive amendment to the NRC EP requirements;
    (2) The proposed amendments and guidance documents cover many 
significant legal, regulatory, and policy

[[Page 27725]]

issues that will require extensive review;
    (3) Additional time is needed to discuss possible consequences of 
proposed changes with affected State and/or local jurisdictions; and
    (4) Extending the public comment period will allow for a more 
comprehensive review and result in more meaningful comments.
    In view of the NRC's desire to receive high quality comments from 
external stakeholders, and recognizing the quantity of information to 
be analyzed and the coordination efforts needed by and among 
stakeholders, the comment period for the proposed rulemaking and 
related guidance documents will be extended for an additional 75 days. 
The comment period for the information collection aspects of this 
proposed rulemaking will be extended by 60 days. Based on feedback from 
stakeholders, the NRC believes that a 75-day extension will allow 
sufficient time for all stakeholders to develop and provide meaningful 
comments on the proposed rule and draft guidance.
    The proposed rule and related guidance documents comment submittal 
deadline is extended from the original August 3, 2009, deadline to 
October 19, 2009, and the information collections analysis deadline is 
extended from the original June 17, 2009, deadline to August 17, 2009.

    Dated at Rockville, Maryland, this 5th day of June 2009.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. E9-13713 Filed 6-10-09; 8:45 am]
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