[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]]


10 CFR Part 50

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.


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.


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).

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]