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