[Federal Register Volume 84, Number 41 (Friday, March 1, 2019)]
[Proposed Rules]
[Pages 6980-6981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03718]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 73

[NRC-2014-0118]
RIN 3150-AJ41


Enhanced Security of Special Nuclear Material

AGENCY: Nuclear Regulatory Commission.

ACTION: Revised regulatory basis; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
comments on a draft revised regulatory basis to support a rulemaking 
that would update special nuclear material (SNM) physical protection 
requirements for fuel cycle facilities. The rule would establish 
generically applicable security requirements similar to those imposed 
by security orders issued by the NRC following the terrorist attacks of 
September 11, 2001.

DATES: Submit comments by April 1, 2019. Comments received after this 
date will be considered if it is practical to do so; however, the NRC 
is only able to ensure consideration of comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0118. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individuals 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.
     Comments that contain proprietary or sensitive 
information: Please contact the individual listed in the FOR FURTHER 
INFORMATION CONTACT section of this document to determine the most 
appropriate method for submitting those comments.
    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: Timothy Harris, Office of Nuclear 
Security and Incident Response, telephone: 301-287-3594, email: 
[email protected]; or Edward Lohr, Office of Nuclear Material 
Safety and Safeguards, telephone: 301-415-0253, email: 
[email protected]. Both are staff of the 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-2014-0118 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0118.
     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 ``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].
     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-2014-0118 in your comment submission.
    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 to not 
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.
    Please note that the NRC will not provide formal written responses 
to each of the comments received on the draft revised regulatory basis. 
However, the NRC will consider all comments received in the development 
of the final regulatory basis.

II. Discussion

    On April 22, 2015, the NRC published in the Federal Register (ADAMS 
Accession No. ML14321A007) a regulatory basis for the ``Rulemaking for 
Enhanced Security of Special Nuclear Material'' proposed rule. The 
proposed rule would amend the requirements in part 73 of title 10 of 
the Code of Federal Regulations (10 CFR), ``Physical Protection of 
Plants and Materials.'' The Commission recently directed that resources 
be allocated for this rulemaking with the exclusive scope of codifying 
the requirements of the post-9/11 security orders.
    Consistent with this direction and the NRC's rulemaking process, 
the staff has prepared a draft revised regulatory basis to describe and 
document the results of assessments and analyses performed by the NRC 
in support of the proposed rule for enhancing security for SNM. The 
draft revised regulatory basis document is available in ADAMS under 
Accession No. ML18332A053.
    The 2015 regulatory basis set forth four objectives for the 
rulemaking: (1) Make generically applicable physical protection 
measures similar to those imposed by security orders issued following 
the terrorist attacks of September 11, 2001 (post-9/11 security 
orders); (2) consider risk insights gained from new national laboratory 
studies, implementation and oversight experience, and international 
guidance; (3) improve consistency and clarity of SNM physical 
protection requirements; and (4) use a risk-informed and performance-
based structure. The NRC

[[Page 6981]]

now is pursuing only the first objective in the scope of the 
rulemaking.

III. Cumulative Effects of Regulations

    The cumulative effects of regulation (CER) describe the challenges 
that licensees or other impacted entities (such as Agreement State 
agency partners) may face while implementing new regulatory positions, 
programs, and requirements (e.g., rules, generic letters, backfits, 
inspections). The CER is an organizational effectiveness challenge that 
results from a licensee or impacted entity implementing a number of 
complex positions, programs, or requirements within a limited 
implementation period and with available resources (which may include 
limited available expertise to address specific issues). The NRC has 
implemented CER enhancements into the rulemaking process to facilitate 
public involvement throughout the rulemaking process. Therefore, the 
NRC is specifically requesting comment on the cumulative effects that 
may result from a proposed rule. In developing comments on the 2019 
draft revised regulatory basis, consider the following questions:
    (1) In light of any current or projected CER challenges, what 
should be a reasonable effective date, compliance date, or submittal 
date(s) from the time the final rule is published to the actual 
implementation of any new proposed requirements, including changes to 
programs, procedures, or the facility?
    (2) If current or projected CER challenges exist, what should be 
done to address this situation (e.g., if more time is required to 
implement the new requirements, what period of time would be 
sufficient, and why would such a time frame be necessary)?
    (3) Do other regulatory actions (e.g., orders, generic 
communications, license amendment requests, and inspection findings of 
a generic nature) by the NRC or other agencies influence the 
implementation of the potential proposed requirements?
    (4) Are there unintended consequences? Does a proposed rulemaking 
action create conditions that would be contrary to the purpose and 
objectives of the 10 CFR part 73 rulemaking? If so, what are the 
consequences and how should they be addressed?
    (5) Please consider providing information on the estimates of the 
costs and benefits of a proposed rulemaking action, which can be used 
to support any additional regulatory analysis by the NRC.

IV. Availability of Documents

    The documents identified in this Federal Register notice are 
available to interested persons through one or more of the methods 
listed in the SUPPLEMENTARY INFORMATION section of this document.
    The NRC may post additional materials related to this rulemaking 
activity to the Federal rulemaking website at www.regulations.gov under 
NRC-2014-0118. These documents will inform the public of the current 
status of this activity and/or provide additional material for use at 
future public meetings.
    The Federal rulemaking website allows you to receive alerts when 
changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder (NRC-2014-0118); 2) click the ``Sign up 
for Email Alerts'' link; and 3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

V. 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. 
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 in the Federal Register on June 10, 
1998 (63 FR 31883). The NRC requests comment on this document with 
respect to the clarity and effectiveness of the language used.

    Dated at Rockville, Maryland, this 26th day of February 2019.

    For the Nuclear Regulatory Commission.
Theresa V. Clark,
Deputy Director, Division of Rulemaking, Office of Nuclear Material 
Safety and Safeguards.
[FR Doc. 2019-03718 Filed 2-28-19; 8:45 am]
 BILLING CODE 7590-01-P