[Federal Register Volume 79, Number 187 (Friday, September 26, 2014)]
[Proposed Rules]
[Pages 57840-57842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22865]


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 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. 79, No. 187 / Friday, September 26, 2014 / 
Proposed Rules  

[[Page 57840]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 70

[NRC-2010-0271]
RIN 3150-AJ34


Domestic Licensing of Special Nuclear Material--Written Reports 
and Clarifying Amendments

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations related to reportable safety events involving 
special nuclear material. This rule increases the time licensees are 
allowed to submit a written follow-up report from within 30 days to 
within 60 days after the initial report of an event, updates the 
reporting framework for certain situations, and removes redundant 
reporting requirements. These amendments affect a licensee or an 
applicant that is, or plans to be, authorized to possess greater than a 
critical mass of special nuclear material. This action resulted from a 
petition for rulemaking (PRM) received by the NRC (PRM-70-8). As a 
result of this proposed rule, the NRC's ``FCSS [Fuel Cycle Safety and 
Safeguards] Interim Staff Guidance-12, Revision 1, 10 CFR [Title 10 of 
the Code of Federal Regulations] Part 70, Appendix A--Reportable Safety 
Events,'' will contain minor updates that reflect the amendments in 
this rulemaking.

DATES: Submit comments by October 27, 2014. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
staff is able to ensure consideration only for comments received on or 
before this date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2010-0271. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this proposed rule.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Keith McDaniel, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
5252; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2010-0271 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information by any of the following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2010-0271.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced. The NRC's ``FCSS Interim Staff Guidance-
12, Revision 1, 10 CFR Part 70, Appendix A--Reportable Safety Events'' 
will be available in ADAMS under Accession No. ML14157A067.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2010-0271 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed in your comment submission. The NRC will post all comment 
submissions at http://www.regulations.gov as well as enter the comment 
submissions into ADAMS, and the NRC does not routinely edit comment 
submissions to remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Procedural Background

    Because the NRC considers this action non-controversial, the NRC is 
publishing this proposed rule concurrently as a direct final rule in 
the Rules and Regulations section of this issue of the Federal 
Register. The amendment to the rule will become

[[Page 57841]]

effective on January 26, 2015. However, if the NRC receives significant 
adverse comments on this proposed rule by October 27, 2014, then the 
NRC will publish a document that withdraws the direct final rule. If 
the direct final rule is withdrawn, the NRC will address the comments 
received in response to the proposed revisions in a subsequent final 
rule. Absent significant modifications to the proposed revisions 
requiring republication, the NRC will not initiate a second comment 
period for this action in the event the direct final rule is withdrawn.
    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 NRC staff to make a change (other than 
editorial) to the rule.
    For additional procedural information and the regulatory analysis, 
see the direct final rule published in the Rules and Regulations 
section of this issue of the Federal Register.

III. Paperwork Reduction Act Statement

    This proposed rule contains new or amended information collection 
requirements that are subject to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.) This proposed rule has been submitted to the 
Office of Management and Budget (OMB) for review and approval of the 
information collection requirements.
    Type of submission, new or revision: Revision.
    The title of the information collection: 10 CFR parts 70, Domestic 
Licensing of Special Nuclear Material--Written Reports and Clarifying 
Amendments
    The form number if applicable: Not applicable.
    How often the collection is required: The time for a licensee to 
submit a written report following a part 70 reportable safety event has 
changed from within 30 days to within 60 days.
    Who will be required or asked to report: This rulemaking would 
affect an applicant or a licensee that is, or plans to be, authorized 
to possess greater than a critical mass of special nuclear material.
    An estimate of the number of annual responses: There would be no 
change in the number of annual responses associated with part 70 as a 
result of the proposed rule.
    The estimated number of annual respondents: There would be no 
change in the number of annual respondents associated with part 70 as a 
result of the proposed rule.
    An estimate of the total number of hours needed annually to 
complete the requirement or request: This rule does not change the 
burden associated with part 70.
    Abstract: The proposed rule would amend regulations related to 
reportable safety events involving special nuclear material. The NRC 
proposes to amend its regulations to increase the time frame for a 
licensee to submit a written follow-up report to a part 70 reportable 
safety event from within 30 days to within 60 days. In addition, 
information collections in part 70, Appendix A(a)(5) and (b)(5) would 
be deleted because they are no longer needed or are redundant with 
other part 70, Appendix A reporting requirements. The amendments would 
affect an applicant or a licensee that is, or plans to be, authorized 
to possess greater than a critical mass of special nuclear material.
    NRC is seeking public comment on the potential impact of the 
information collections contained in this proposed rule and on the 
following issues:
    1. Is the proposed information collection necessary for the proper 
performance of the functions of the NRC, including whether the 
information will have practical utility?
    2. Is the estimate of burden accurate?
    3. Is there a way to enhance the quality, utility, and clarity of 
the information to be collected?
    4. How can the burden of the information collection be minimized, 
including the use of automated collection techniques?
    A copy of the OMB clearance package may be viewed and copied for a 
fee at the NRC Public Document Room, One White Flint North, 11555 
Rockville Pike, Room O-1 F21, Rockville, MD 20852. The OMB clearance 
package and proposed rule will be available on the NRC's Web site, 
http://www.nrc.gov/public-involve/doc-comment/omb/index.html, for 60 
days after the signature date of this document.
    Send comments on any aspect of these proposed information 
collections, including suggestions for reducing the burden and on the 
above previously stated issues, by October 27, 2014 to the FOIA 
[Freedom of Information Act], Privacy, and Information Collections 
Branch (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, or by email to [email protected] and to the 
Desk Officer, Danielle Y. Jones, Office of Information and Regulatory 
Affairs, NEOB-10202, (3150-0009), Office of Management and Budget, 
Washington, DC 20503. You may also email comments to 
[email protected] or comment by telephone at 
202-395-1741. Comments received after this date will be considered if 
it is practical to do so, but assurance of consideration cannot be 
given to comments received after this date.

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.

IV. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. The NRC has written this document to 
be consistent with the Plain Writing Act as well as the Presidential 
Memorandum, ``Plain Language in Government Writing,'' published June 
10, 1998 (63 FR 31883). The NRC requests comment on the proposed rule 
with respect to clarity and effectiveness of the language used.

List of Subjects in 10 CFR Part 70

    Criminal penalties, Hazardous materials transportation, Material 
control and accounting, Nuclear materials, Packaging and containers, 
Radiation protection, Reporting and recordkeeping requirements, 
Scientific equipment, Security measures, Special nuclear material.

    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,

[[Page 57842]]

as amended; and 5 U.S.C. 552 and 553; the NRC is adopting the following 
amendments to 10 CFR part 70.

PART 70--DOMESTIC LICENSING OF SPECIAL NUCLEAR MATERIAL

0
1. The authority citation for part 70 continues to read as follows:

    Authority:  Atomic Energy Act secs. 51, 53, 161, 182, 183, 193, 
223, 234 (42 U.S.C. 2071, 2073, 2201, 2232, 2233, 2243, 2273, 2282, 
2297f); secs. 201, 202, 204, 206, 211 (42 U.S.C. 5841, 5842, 5845, 
5846, 5851); Government Paperwork Elimination Act sec. 1704 (44 
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. No. 109-58, 
119 Stat. 194 (2005).
    Sections 70.1(c) and 70.20a (b) also issued under secs. 135, 
141, Pub. L. 97-425, 96 Stat. 2232, 2241 (42 U.S.C. 10155, 10161).
    Section 70.21(g) also issued under Atomic Energy Act sec. 122 
(42 U.S.C. 2152). Section 70.31 also issued under Atomic Energy Act 
sec. 57(d) (42 U.S.C. 2077(d)). Sections 70.36 and 70.44 also issued 
under Atomic Energy Act sec. 184 (42 U.S.C. 2234). Section 70.81 
also issued under Atomic Energy Act secs. 186, 187 (42 U.S.C. 2236, 
2237). Section 70.82 also issued under Atomic Energy Act sec. 108 
(42 U.S.C. 2138).

0
2. In Sec.  70.50, revise the first sentence of the introductory text 
of paragraph (c)(2) to read as follows:


Sec.  70.50  Reporting requirements.

* * * * *
    (c) * * *
    (2) Written report. Each licensee that makes a report required by 
paragraph (a) or (b) of this section shall submit a written follow-up 
report within 30 days of the initial report. * * *
* * * * *
0
3. In Sec.  70.74, revise paragraph (b) to read as follows:


Sec.  70.74  Additional reporting requirements.

* * * * *
    (b) Written reports. Each licensee that makes a report required by 
paragraph (a)(1) of this section shall submit a written follow-up 
report within 60 days of the initial report. The written report must be 
sent to the NRC's Document Control Desk, using an appropriate method 
listed in Sec.  70.5(a), with a copy to the appropriate NRC regional 
office listed in appendix D to part 20 of this chapter. The reports 
must include the information as described in Sec.  70.50(c)(2)(i) 
through (iv).

Appendix A to Part 70--[Amended]

0
4. Amend appendix A to part 70 by:
0
a. In the introductory text to paragraph (a), removing the number 
``30'' and adding, in its place, the number ``60;''
0
b. Removing paragraph (a)(5);
0
c. In the introductory text to paragraph (b), removing the number 
``30'' and adding, in its place, the number ``60;'' and
0
d. Removing paragraph (b)(5).

    Dated at Rockville, Maryland, this 15th day of September, 2014.

    For the Nuclear Regulatory Commission.
Mark A. Satorius,
Executive Director for Operations.
[FR Doc. 2014-22865 Filed 9-25-14; 8:45 am]
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