[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]
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