[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Proposed Rules]
[Pages 56124-56125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23225]


 ========================================================================
 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. 76, No. 176 / Monday, September 12, 2011 / 
Proposed Rules  

[[Page 56124]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 31

[NRC-2011-0214]


Impacts of Compatibility Changes in General License Regulations

AGENCY: Nuclear Regulatory Commission.

ACTION: Public meeting and request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or the Commission) 
plans to hold public meetings on September 20, 2011, in Lisle, 
Illinois, and on September 22, 2011, in Mansfield, Massachusetts, to 
solicit information on impacts to manufacturers and distributors and 
end-users of generally licensed devices from revising the compatibility 
categories of Title 10 of the Code of Federal Regulations (10 CFR) 31.5 
and 31.6 from ``B'' to ``C.'' In addition to providing information on 
impacts at the public meetings, information on the issues raised in 
this document may be submitted to the NRC at any time through the end 
of the comment period.

DATES: Submit comments on the issues raised in the Discussion section 
of this document by October 30, 2011. Comments received after this date 
will be considered if it is practical to do so, but the Commission 
cannot assure consideration of comments received after the expiration 
date. It is not the intent of the NRC to respond to comments received 
on the issues raised in this document, but to inform the Commission on 
the impacts of their previous decisions.

ADDRESSES: Please include Docket ID NRC-2011-0214 in the subject line 
of your comments. For additional instructions on submitting comments 
and instructions on accessing documents related to this action, see 
``Submitting Comments and Accessing Information'' in the SUPPLEMENTARY 
INFORMATION section of this document. You may submit comments on the 
issues raised in the Discussion section of this document 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-
2011-0214. 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.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. 
(telephone: 301-415-1677).
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.

FOR FURTHER INFORMATION CONTACT: Stephen Poy, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
7135; 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 
proposed rule 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, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library 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 the 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 Rulemaking Web Site: Public comments and 
supporting materials related to this proposed rule can be found at 
http://www.regulations.gov by searching on Docket ID NRC-2011-0214.

Background

    On December 2, 2010, the Commission issued a Staff Requirements 
Memorandum, SECY-10-0105, [Final Rule: Limiting the Quantity of 
Byproduct Material in a Generally Licensed Device (RIN 3150-AI33; NRC-
2008-0272) (ADAMS Accession No. ML100690242)] and acted on the final 
rule that would amend 10 CFR part 31. The amendment would have limited 
the quantity of byproduct material contained in a generally licensed 
device to below one-tenth (\1/10\) of the International Atomic Energy 
Agency Category 3 thresholds. Individuals possessing devices with 
byproduct material at or above \1/10\ of the Category 3 threshold 
values would have been required to apply for and obtain a specific 
license. After review, the Commission decided to disapprove the 
publication of the final rule, but approved revising the compatibility 
categories of Sec. Sec.  31.5 and 31.6 from Category B to Category C. 
The NRC program elements in Category B are those that apply to 
activities that have direct and significant transboundary implications. 
An Agreement State should adopt program elements essentially identical 
to those of the NRC program elements in Category C. The

[[Page 56125]]

NRC program elements in Category C are those that do not meet the 
criteria of Category A or B, but the essential objectives of which an 
Agreement State should adopt to avoid conflict, duplication, gaps, or 
other conditions that would jeopardize an orderly pattern in the 
regulation of agreement material on a nationwide basis. An Agreement 
State should adopt the essential objectives of the NRC program 
elements. The Commission also directed the staff to solicit information 
on the impacts of the change in compatibility. These meetings represent 
one mechanism being used to solicit information on the impacts of this 
change.

Discussion

    On December 2, 2010, the Commission issued SECY-10-0105 and acted 
on the final rule that would amend 10 CFR part 31. The Commission 
decided to disapprove the publication of the final rule while revising 
the compatibility categories of Sec. Sec.  31.5 and 31.6 from B to C. 
The Commission directed staff to report back with a description of 
which Agreement States, if any, will act to modify their program as a 
result of the change in compatibility for Sec. Sec.  31.5 and 31.6, how 
the programs were modified and provide an analysis of any transboundary 
impacts to the regulated community, particularly for those operating on 
a multi-state basis. The NRC staff queried the Agreement States to 
collect information on their current regulatory program, and whether 
they intend to modify their current regulations equivalent to 
Sec. Sec.  31.5 and 31.6. The feedback from the States received to date 
was that the Agreement States do not intend to modify their current 
general license (GL) regulatory programs as a result of the 
Commission's decision to revise the compatibility categories of 
Sec. Sec.  31.5 and 31.6 from B to C. Therefore, the NRC staff has 
assumed that the current Agreement State GL regulatory environment is 
the base case for evaluating impacts on manufacturers and distributors 
and end-users. Given the assumption that the current regulatory 
environment will continue, the staff concluded that there would be 
minimal impact to manufacturers, distributors, and end-users of 
generally licensed devices. If this is incorrect, please provide the 
following information that details the impact to your business:
    (a) What would be the impacts of changing the compatibility 
categories of Sec. Sec.  31.5 and 31.6 from B to C?
    (b) What would be the distribution impediments?
    (c) If there are any other impacts brought about by changes in the 
State regulations, please explain.
    To assist the NRC staff in evaluating the impact of the change in 
compatibility, the NRC staff requests additional information in the 
following areas:
    From Manufacturers/Distributors, it is necessary to understand:
    (a) What are the current practices used by companies to address 
multiple jurisdictions and the registration requirements of generally 
licensed devices and Sec. Sec.  31.5 and 31.6 (or the State 
equivalent)?
    (b) What are the costs incurred by companies by doing business in 
multiple jurisdictions with regard to the registration requirements of 
generally licensed devices and Sec. Sec.  31.5 and 31.6 (or the State 
equivalent)?
    (c) What are the costs to health and safety in doing business in 
multiple jurisdictions with regard to the registration requirements of 
generally licensed devices and Sec. Sec.  31.5 and 31.6 (or the State 
equivalent)?
    (d) Do you have any comments on the regulation of generally 
licensed devices associated to Sec. Sec.  31.5 and 31.6 (or the State 
equivalent) that affect you with regard to where your company is 
located or where your customers are located?
    From the End-Users, it is necessary to understand:
    (a) What is the difference in cost of generally licensed devices 
purchased by you in comparison to devices without radioactive material 
with regard to the registration requirements of generally licensed 
devices and Sec. Sec.  31.5 and 31.6 (or the State equivalent)?
    (b) What regulatory costs influence your decisions in the generally 
licensed devices that are purchased?
    (c) What choices are made by you regarding health and safety and 
security with regard to which generally licensed devices are purchased 
by you?
    (d) Do you have any comments regarding the regulation of generally 
licensed devices associated to Sec. Sec.  31.5 and 31.6 (or the State 
equivalent) that affect you with regard to where you are using your 
generally licensed devices?
    In addition to providing information at the public meetings, a 
submittal of information in response to the preceding questions may be 
sent to the contact listed in the FOR FURTHER INFORMATION CONTACT 
section of this document through the end of the comment period.

Public Meetings

    In selecting the dates for these public meetings, it is the goal 
for the NRC staff to organize and execute a facilitated discussion 
through which comments and suggestions can be obtained from the 
participants and attendees on the topics and issues identified in this 
document. The information obtained will help the NRC to better 
understand the impacts on the generally licensed device community of 
this change in compatibility.
    Each public meeting is planned for one day. The NRC staff will be 
available with background information to have an informal discussion 
from 12 p.m. to 2 p.m. The NRC staff will make a brief presentation and 
then solicit information from the public from 2 p.m. to 5:30 p.m.
    The address for the meeting locations and final agenda for the 
public meetings will be available at least 10 days prior to the 
meetings on the NRC Public Meeting Schedule Web Site at http://www.nrc.gov/public-involve/public-meetings/index.cfm. Prior to the 
meeting, attendees are required to register with the meeting organizer 
to ensure sufficient accommodations can be made for their 
participation. Please let the contact person know if special services 
are needed (hearing impaired, etc.).

    Dated at Rockville, Maryland, this 1st day of September 2011.

    For the Nuclear Regulatory Commission.
Jim Luehman,
Acting Director, Division of Materials Safety and State Agreements, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2011-23225 Filed 9-9-11; 8:45 am]
BILLING CODE 7590-01-P