[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Proposed Rules]
[Pages 58701-58704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23257]


 ========================================================================
 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. 189 / Tuesday, September 30, 2014 / 
Proposed Rules  

[[Page 58701]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 30, 37, 73, and 150

[NRC-2012-0140]
RIN 3150-AJ18


Safeguards Information--Modified Handling Categorization; Change 
for Materials Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations to remove the Safeguards Information--Modified 
Handling (SGI-M) designation of the security-related information for 
large irradiators, manufacturers and distributors, and for transport of 
category 1 quantities of radioactive material. The rulemaking would 
also result in the removal of the SGI-M designation of the security-
related information for the transportation of irradiated reactor fuel 
that weighs 100 grams or less in net weight of irradiated fuel. The 
security-related information for these facilities and the 
transportation of certain materials would no longer be designated as 
SGI-M and would be protected under the information protection 
requirements that apply to other materials licensees that possess 
category 1 and category 2 quantities of radioactive material.

DATES: Submit comments on the proposed rule by October 30, 2014. Submit 
comments specific to the information collections aspects of this 
proposed rule by October 30, 2014. Comments received after this date 
will be considered if it is practical to do so, but the NRC staff is 
able to assure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments related to this proposed rule 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-2012-0140. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Vanessa Cox, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
8342; email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2012-0140 when contacting the NRC 
about the availability of information for this proposed rule. You may 
obtain publicly-available information related to this proposed rule by 
any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0140.
     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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
     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-2012-0140 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 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. 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 submissions 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 direct final rule will become effective on January 28, 
2015. However, if the NRC receives a significant adverse comment on 
this proposed rule by October 30, 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

[[Page 58702]]

comments received in response to these 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 if 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 rules 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 staff to make a change (other than 
editorial) to the rule.
    For additional information see the direct final rule published in 
the Rules and Regulations section of this issue of the Federal 
Register.
    This proposed rule decreases the burden on recordkeepers to mark 
documents containing Safeguards Information designated as SGI-M as 
specified in Sec.  73.23(b), (d), and (f). The NRC is requesting 
comment on this decrease in recordkeepers' burden in Section III, 
Paperwork Reduction Act Statement, of this proposed rule.

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 for review and approval of the 
information collection requirements.
    Type of submission, new or revision: Revision.
    The title of the information collection: Parts 30, 37, 73, and 150 
of Title 10 of the Code of Federal Regulations (10 CFR), Safeguards 
Information--Modified Handling Categorization Change for Materials 
Facilities.
    The form number if applicable: Not applicable.
    How often the collection is required: The proposed rule would 
reduce annual recordkeeping requirements.
    Who will be required or asked to report: The proposed rule would 
affect panoramic and underwater irradiators that possess greater than 
370 TBq of byproduct materials; manufacturers and distributors of items 
containing source, byproduct, or special nuclear material in greater 
than or equal to category 2 quantities of concern; and transportation 
of source, byproduct, or special nuclear material in greater than or 
equal to category 1 quantities of concern.
    An estimate of the number of annual responses: A reduction of 112 
recordkeeping responses.
    The estimated number of annual respondents: A reduction of 112 
recordkeepers subject to 10 CFR part 73, Physical Protection of Plants 
and Materials.
    An estimate of the total number of hours needed annually to 
complete the requirement or request: A reduction of 616 recordkeeping 
hours.
    Abstract: The proposed rule would decrease burden on 112 
recordkeepers to mark documents containing Safeguards Information 
designated as SGI-M as specified in Sec.  73.23(b), (d), and (f). These 
112 licensees include panoramic and underwater irradiators that possess 
greater than 370 TBq of byproduct materials; manufacturers and 
distributors of items containing source, byproduct, or special nuclear 
material in greater than or equal to category 2 quantities of concern; 
and transportation of source, byproduct, or special nuclear material in 
greater than or equal to category 1 quantities of concern.
    The 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 free of charge 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 
previously stated issues, by October 30, 2014 to the FOIA, Privacy, and 
Information Collections Branch (T-5 F52), 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-
0002), 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

10 CFR Part 30

    Byproduct material, Criminal penalties, Government contracts, 
Intergovernmental relations, Isotopes, Nuclear materials, Radiation 
protection, Reporting and recordkeeping requirements.

[[Page 58703]]

10 CFR Part 37

    Byproduct material, Criminal penalties, Export, Hazardous materials 
transportation, Import, Licensed material, Nuclear materials, Reporting 
and recordkeeping requirements, Security measures.

10 CFR Part 73

    Criminal penalties, Export, Hazardous materials transportation, 
Import, Nuclear materials, Nuclear power plants and reactors, Reporting 
and recordkeeping requirements, Security measures.

10 CFR Part 150

    Criminal penalties, Hazardous materials transportation, 
Intergovernmental relations, Nuclear materials, Reporting and 
recordkeeping requirements, Security measures, Source material, 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, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing 
to adopt the following amendments to 10 CFR parts 30, 37, 73, and 150.

PART 30--RULES OF GENERAL APPLICABILITY TO DOMESTIC LICENSING OF 
BYPRODUCT MATERIAL

0
1. The authority citation for part 30 continues to read as follows:

    Authority: Atomic Energy Act secs. 81, 82, 161, 181, 182, 183, 
186, 223, 234 (42 U.S.C. 2111, 2112, 2201, 2231, 2232, 2233, 2236, 
2273, 2282); Energy Reorganization Act secs. 201, 202, 206 (42 
U.S.C. 5841, 5842, 5846); Government Paperwork Elimination Act sec. 
1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-
58, 119 Stat. 549 (2005).
    Section 30.7 also issued under Energy Reorganization Act sec. 
211, Pub. L. 95-601, sec. 10, as amended by Pub. L. 102-486, sec. 
2902 (42 U.S.C. 5851). Section 30.34(b) also issued under Atomic 
Energy Act sec. 184 (42 U.S.C. 2234). Section 30.61 also issued 
under Atomic Energy Act sec. 187 (42 U.S.C. 2237).


Sec.  30.4  [Amended]

0
2. In Sec.  30.4, remove the definition for ``Quantities of concern.''


Sec.  30.32  [Amended]

0
3. In Sec.  30.32, remove paragraph (k).


Sec.  30.34  [Amended]

0
4. In Sec.  30.34, remove paragraph (l).

PART 37--PHYSICAL PROTECTION OF CATEGORY 1 AND CATEGORY 2 
QUANTITIES OF RADIOACTIVE MATERIAL

0
5. The authority citation for part 37 continues to read as follows:


    Authority:  Atomic Energy Act secs. 53, 81, 103, 104, 147, 148, 
149, 161, 182, 183, 223, 234 (42 U.S.C. 2073, 2111, 2133, 2134, 
2167, 2168, 2169, 2201a., 2232, 2233, 2273, 2282).

0
6. In Sec.  37.29, revise paragraph (a)(10) to read as follows:


Sec.  37.29  Relief from fingerprinting, identification, and criminal 
history records checks and other elements of background investigations 
for designated categories of individuals permitted unescorted access to 
certain radioactive materials.

    (a) * * *
    (10) Commercial vehicle drivers for road shipments of category 1 
and category 2 quantities of radioactive material;
* * * * *
0
7. In Sec.  37.43, revise paragraph (d)(1) and remove paragraph (d)(9) 
to read as follows:


Sec.  37.43  General security program requirements.

* * * * *
    (d) Protection of information. (1) Licensees authorized to possess 
category 1 or category 2 quantities of radioactive material shall limit 
access to and unauthorized disclosure of their security plan, 
implementing procedures, and the list of individuals that have been 
approved for unescorted access.
* * * * *
0
8. In Sec.  37.77, revise paragraph (f) to read as follows:


Sec.  37.77  Advance notification of shipment of category 1 quantities 
of radioactive material.

* * * * *
    (f) Protection of information. State officials, State employees, 
and other individuals, whether or not licensees of the Commission or an 
Agreement State, who receive schedule information of the kind specified 
in Sec.  37.77(b) shall protect that information against unauthorized 
disclosure as specified in Sec.  37.43(d) of this part.

PART 73--PHYSICAL PROTECTION OF PLANTS AND MATERIALS

0
9. The authority citation for part 73 continues to read as follows:

    Authority:  Atomic Energy Act secs. 53, 147, 161, 223, 234, 1701 
(42 U.S.C. 2073, 2167, 2169, 2201, 2273, 2282, 2297(f), 2210(e)); 
Energy Reorganization Act sec. 201, 204 (42 U.S.C. 5841, 5844); 
Government Paperwork Elimination Act sec. 1704, 112 Stat. 2750 (44 
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119 
Stat. 594 (2005).
    Section 73.1 also issued under Nuclear Waste Policy Act secs. 
135, 141 (42 U.S.C, 10155, 10161).
    Section 73.37(f) also issued under sec. 301, Pub. L. 96-295, 94 
Stat. 789 (42 U.S.C. 5841 note).


Sec.  73.2  [Amended]

0
10. In Sec.  73.2, remove the definition for ``Quantities of concern.''
0
11. In Sec.  73.21, revise paragraph (a)(1)(ii) to read as follows:


Sec.  73.21  Protection of Safeguards Information: Performance 
Requirements.

    (a) * * *
    (1) * * *
    (ii) Establish, implement, and maintain an information protection 
system that includes the applicable measures for Safeguards Information 
specified in Sec.  73.23 related to: research and test reactors that 
possess special nuclear material of moderate strategic significance or 
special nuclear material of low strategic significance.
* * * * *
0
12. In Sec.  73.23, revise the introductory text of the section and the 
introductory text of paragraph (a)(2) to read as follows:


Sec.  73.23  Protection of Safeguards Information-Modified Handling: 
Specific Requirements.

    This section contains specific requirements for the protection of 
Safeguards Information in the hands of any person subject to the 
requirements of Sec.  73.21(a)(1)(ii) and research and test reactors 
that possess special nuclear material of moderate strategic 
significance or special nuclear material of low strategic significance. 
The requirements of this section distinguish Safeguards Information 
requiring modified handling requirements (SGI-M) from the specific 
Safeguards Information handling requirements applicable to facilities 
and materials needing a higher level of protection, as set forth in 
Sec.  73.22.
    (a) * * *
    (2) Physical protection in transit. Information not classified as 
Restricted Data or National Security Information related to the 
physical protection of shipments of special nuclear material in less 
than a formula quantity (except for those materials covered under Sec.  
73.22), including:
* * * * *

Appendix I to Part 73--[Removed]

0
13. Remove appendix I to part 73.

[[Page 58704]]

PART 150--EXEMPTIONS AND CONTINUED REGULATORY AUTHORITY IN 
AGREEMENT STATES AND IN OFFSHORE WATERS UNDER SECTION 274

0
14. The authority citation for part 150 continues to read as follows:

    Authority: Atomic Energy Act secs. 161, 181, 223, 234 (42 U.S.C. 
2201, 2021, 2231, 2273, 2282); Energy Reorganization Act sec. 201 
(42 U.S.C. 5841); Government Paperwork Elimination Act sec. 1704 (44 
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119 
Stat. 594 (2005).
    Sections 150.3, 150.15, 150.15a, 150.31, 150.32 also issued 
under Atomic Energy Act secs. 11e(2), 81, 83, 84 (42 U.S.C. 
2014e(2), 2111, 2113, 2114).
    Section 150.14 also issued under Atomic Energy Act sec. 53 (42 
U.S.C. 2073).
    Section 150.15 also issued under Nuclear Waste Policy Act secs. 
135 (42 U.S.C. 10155, 10161).
    Section 150.17a also issued under Atomic Energy Act sec. 122 (42 
U.S.C. 2152).
    Section 150.30 also issued under Atomic Energy Act sec. 234 (42 
U.S.C. 2282).


Sec.  150.15  [Amended]

0
15. In Sec.  150.15, remove paragraph (a)(9).

    Dated at Rockville, Maryland, this 23rd day of September, 2014.

    For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2014-23257 Filed 9-29-14; 8:45 am]
BILLING CODE 7590-01-P