[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Proposed Rules]
[Pages 62360-62361]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24733]
========================================================================
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.
========================================================================
Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 /
Proposed Rules
[[Page 62360]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[NRC-2013-0053]
RIN 3150-AJ18
Definition of a Utilization Facility
AGENCY: Nuclear Regulatory Commission.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its
regulations to add SHINE Medical Technologies, Inc.'s (SHINE) proposed
accelerator-driven subcritical operating assemblies to the NRC's
definition of a ``utilization facility.'' In 2013, SHINE submitted a
two-part construction permit application for a medical radioisotope
production facility that SHINE proposes to build in Janesville,
Wisconsin. The proposed accelerator-driven subcritical operating
assemblies, to be housed in SHINE's irradiation facility, would be used
to produce molybdenum-99, a radioisotope used in medical imaging and
other radioisotopes used for medical purposes. This rule allows NRC
staff to conduct an efficient and effective licensing review of the
SHINE construction permit application and any subsequent operating
license application.
DATES: Submit comments by November 17, 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-2013-0053. 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 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.
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 obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Steven Lynch, Office of Nuclear
Reactor Regulation; telephone: 301-415-1524, email:
[email protected]; U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2013-0053 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0053.
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, at 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. SHINE's construction permit
application, submitted May 31, 2014, is publicly available in ADAMS,
Accession No. ML13172A324.
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-2013-0053 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 submissions into ADAMS.
II. Procedural Background
Because the NRC considers this action to be 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 December 31,
2014. However, if the NRC receives a significant adverse comment on
this proposed rule by November 17, 2014, then the NRC will publish a
document that withdraws the direct final rule. If the direct final rule
[[Page 62361]]
is withdrawn, the NRC will address the 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 on 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 significant and adverse if
it meets the following criteria:
(1) The comment opposes the rule and provides a reason sufficient
to require a substantive response in a notice-and-comment process. For
example, the following comments require a substantive response:
(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 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. 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 50
Antitrust, Classified information, Criminal penalties, Fire
protection, Intergovernmental relations, Isotopes, Medical isotopes,
Molybdenum-99, Nuclear materials, Nuclear power plants and reactors,
Radiation protection, Reactor siting criteria, Reporting and
recordkeeping requirements, Utilization facility.
For the reasons set out in this preamble and the preamble to the
companion direct final rule being published concurrently with this
proposed rule 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
amendment to 10 CFR part 50.
PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION
FACILITIES
0
1. The authority citation for part 50 is revised to read as follows:
Authority: Atomic Energy Act secs. 11, 102, 103, 104, 105, 147,
149, 161, 181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2014, 2132,
2133, 2134, 2135, 2167, 2169, 2201, 2231, 2232, 2233, 2236, 2239,
2273, 2282); Energy Reorganization Act secs. 201, 202, 206 (42
U.S.C. 5841, 5842, 5846); Nuclear Waste Policy Act sec. 306 (42
U.S.C. 10226); Government Paperwork Elimination Act sec. 1704 (44
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119
Stat. 194 (2005). Section 50.7 also issued under Pub. L. 95-601,
sec. 10, as amended by Pub. L. 102-486, sec. 2902 (42 U.S.C. 5851).
Section 50.10 also issued under Atomic Energy Act secs. 101, 185 (42
U.S.C. 2131, 2235); National Environmental Policy Act sec. 102 (42
U.S.C. 4332). Sections 50.13, 50.54(d), and 50.103 also issued under
Atomic Energy Act sec. 108 (42 U.S.C. 2138).
Sections 50.23, 50.35, 50.55, and 50.56 also issued under Atomic
Energy Act sec. 185 (42 U.S.C. 2235). Appendix Q also issued under
National Environmental Policy Act sec. 102 (42 U.S.C. 4332).
Sections 50.34 and 50.54 also issued under sec. 204 (42 U.S.C.
5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L.
97-415 (42 U.S.C. 2239). Section 50.78 also issued under Atomic
Energy Act sec. 122 (42 U.S.C. 2152). Sections 50.80--50.81 also
issued under Atomic Energy Act sec. 184 (42 U.S.C. 2234).
0
2. In Sec. 50.2, revise the definition of ``utilization facility'' to
read as follows:
Sec. 50.2 Definitions.
* * * * *
Utilization facility means:
(1) Any nuclear reactor other than one designed or used primarily
for the formation of plutonium or U-233; or
(2) An accelerator-driven subcritical operating assembly used for
the irradiation of materials containing special nuclear material and
described in the application assigned docket number 50-608.
Dated at Rockville, Maryland, this 9th day of October, 2014.
For the Nuclear Regulatory Commission,
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2014-24733 Filed 10-16-14; 8:45 am]
BILLING CODE 7590-01-P