[Federal Register Volume 75, Number 134 (Wednesday, July 14, 2010)]
[Proposed Rules]
[Pages 40756-40757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17126]


 ========================================================================
 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. 75, No. 134 / Wednesday, July 14, 2010 / 
Proposed Rules  

[[Page 40756]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 37

[NRC-2010-0194]
RIN 3150-AI12


Implementation Guidance for Physical Protection of Byproduct 
Material; Category 1 and Category 2 Quantities of Radioactive Material

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability of draft guidance for public comment.

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SUMMARY: The U. S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations to establish security requirements for the use 
and transport of category 1 and category 2 quantities of radioactive 
material. The NRC has prepared draft guidance to address implementation 
of the proposed regulations. This notice is announcing the availability 
of the draft implementation guidance document for public comment.

DATES: Submit comments by November 12, 2010. 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: Please include Docket ID NRC-2010-0194 in the subject line 
of your comments. For instructions on accessing documents related to 
this action, see Section I, ``Submitting Comments and Accessing 
Information'' in the SUPPLEMENTARY INFORMATION section of this 
document. You may submit comments by any one of the following methods.
    Federal Rulemaking Web Site: Go to http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0194. Address 
questions about NRC dockets to Carol Gallagher, telephone (301) 492-
3668; e-mail [email protected].
    Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and 
Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax comments to: RADB at (301) 492-3446.

FOR FURTHER INFORMATION CONTACT: Paul Goldberg, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-
7842, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal rulemaking Web site http://www.regulations.gov. 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. The NRC requests that any party soliciting or 
aggregating comments received from other persons for submission to the 
NRC inform those persons that the NRC will not edit their comments to 
remove any identifying or contact information, and therefore, they 
should not include any information in their comments that they do not 
want publicly disclosed.
    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, Room 
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]. The draft Part 37 implementation guidance is 
available electronically under ADAMS Accession Number ML101470684.
    Federal Rulemaking Web Site: Public comments and supporting 
materials related to the implementation guidance, including the draft 
implementation guidance, can be found at http://www.regulations.gov by 
searching on Docket ID NRC-2010-0194. Documents related to the proposed 
rule can be found by searching on Docket ID NRC-2008-0120.

Discussion

    The NRC has recently published a proposed rule that would place the 
security requirements for use of category 1 and category 2 quantities 
of radioactive material into a new part 37 of title 10 of the Code of 
Federal Regulations. The proposed rule was published on June 15, 2010 
(75 FR 33902), and the public comment period runs through October 13, 
2010. Documents related to the proposed rule can be found at http://www.regulations.gov by searching on Docket ID NRC-2008-0120.
    In conjunction with the proposed rule, the NRC has developed 
implementation guidance. The implementation document provides guidance 
to a licensee or applicant for implementation of proposed 10 CFR part 
37, ``Physical Protection of Byproduct Material,'' specifically 
category 1 and category 2 quantities of radioactive material. It is 
intended for use by applicants, licensees, Agreement States, and NRC 
staff. The document describes methods acceptable to the NRC staff for 
implementing proposed 10 CFR part 37. The approaches and methods 
described in the document are provided for information only. Methods 
and solutions different from those described in the document are 
acceptable if they meet the requirements in proposed 10 CFR part 37. 
The guidance is provided in the form of questions and answers on the 
provisions of the proposed rule. The draft implementation guidance 
document for proposed 10 CFR part 37 is available electronically under 
ADAMS Accession Number ML101470684, and can also be found at http://www.regulations.gov by searching on Docket ID: NRC-2010-0194.

[[Page 40757]]

    At this time, the NRC is announcing the availability for public 
comment of ``Implementation Guidance for 10 CFR part 37 Physical 
Protection of Byproduct Material, Category 1 and Category 2 Quantities 
of Radioactive Material.'' The document provides guidance on 
implementing the provisions of proposed 10 CFR part 37, ``Physical 
Protection of Byproduct Material.'' The NRC is planning to hold two 
public meetings to obtain public input on the draft implementation 
guidance in September 2010. Information on these meetings will be 
posted on http://www.regulations.gov under Docket ID NRC-2010-0194.

    Dated at Rockville, Maryland, this 30th day of June 2010.

    For the Nuclear Regulatory Commission.
Andrew Mauer,
Chief, Source Management and Protection Branch, Division of Materials 
Safety and State Agreements, Office of Federal and State Materials and 
Environmental Management Programs.
[FR Doc. 2010-17126 Filed 7-13-10; 8:45 am]
BILLING CODE 7590-01-P