[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Proposed Rules]
[Pages 14898-14901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07321]
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 71
[NRC-2016-0179]
RIN 3150-AJ85
Harmonization of Transportation Safety Requirements With IAEA
Standards
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory basis; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting
comments on a draft regulatory basis to support a proposed rule that
would harmonize the NRC's regulations with the safety requirements of
the International Atomic Energy Agency (IAEA) for the transport of
radioactive material and the regulations of the U.S. Department of
Transportation (DOT). In addition, the proposed rule would make
administrative, editorial, or clarification changes to the NRC's
regulations. The NRC plans to hold a public meeting to discuss the
draft regulatory basis and facilitate public participation.
DATES: Submit comments by May 28, 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:
[[Page 14899]]
Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0179. 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.
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:
Latif Hamdan, telephone: 301-415-6639, email: [email protected]; or
Solomon Sahle, telephone: 301-415-3781, email: [email protected].
Both are staff of the Office of Nuclear Material Safety and Safeguards,
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-2016-0179 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-2016-0179.
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]. The draft regulatory basis document
is available in ADAMS under Accession No. ML18262A185.
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-2016-0179 in your comment submission.
If you cannot submit your comments on the Federal Rulemaking website,
www.regulations.gov, then contact one of the individuals listed in the
FOR FURTHER INFORMATION CONTACT section of this document.
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 regulatory basis.
However, the NRC will consider all comments received in the development
of the final regulatory basis.
II. Discussion
In SECY-16-0093, ``Rulemaking Plan for Revisions to Transportation
Safety Requirements and Harmonization with International Atomic Energy
Agency Transportation Requirements,'' dated July 28, 2016, the staff
requested Commission approval to initiate a rulemaking to harmonize
part 71 of title 10 of the Code of Federal Regulations (10 CFR),
``Packaging and Transportation of Radioactive Material,'' with the
IAEA's safety requirements and the DOT's regulations. The proposed rule
would revise 10 CFR part 71 to be in harmony with the IAEA's
requirements and compatible with the DOT's regulations. In addition,
the proposed rule would include staff-initiated administrative,
editorial, or clarification changes. The Commission approved the
staff's recommendation in the staff requirements memorandum (SRM)
associated with SECY-16-0093, dated August 19, 2016.
The NRC reviewed the updated IAEA requirements in Specific Safety
Requirements No. 6 (SSR-6), 2012 and 2018 editions, and initially
identified 14 regulatory issues to be analyzed during the rulemaking
process. These issues were documented in an issues paper that was
published in the Federal Register for public comment on November 21,
2016 (81 FR 83171). The NRC subsequently held a public meeting on
December 5-6, 2016, to discuss the issues with stakeholders. After the
public meeting, the NRC received 49 comment letters on the issues
paper.
The DOT participated in the public meeting held in December 2016 to
discuss the issues paper, and the staff has engaged with the DOT staff
in the current rulemaking to identify and evaluate gaps between 10 CFR
part 71 regulations and the updated IAEA requirements in SSR-6, 2012
and 2018 editions. The DOT also plans to undertake a similar action to
harmonize its regulations for the transportation of radioactive
material in 49 CFR parts 107 and 171 through 180 with SSR-6, 2012 and
2018 editions.
After the publication of the issues paper, the staff identified
several additional items that were grouped under a new issue,
designated as Issue 15. The draft regulatory basis documents the basis
for the NRC's recommendation to revise the existing regulations in 10
CFR part 71. The draft regulatory basis includes a main document and
two appendices. Appendix A provides a summary of cost estimates and
uncertainty analysis. Appendix B provides detailed assessments of the
regulatory issues identified and analyzed by the NRC and used to scope
and provide justification for the proposed revisions to 10 CFR part 71.
In the draft regulatory basis, the NRC describes its evaluation of
four alternative actions to achieve the objectives of the harmonization
initiative. These are: No-action option that would maintain the status
quo (Alternative 1); issue generic communications and regulatory
guidance (Alternative 2); issue license specific conditions and
exemptions (Alternative 3); and initiate a rulemaking to revise 10 CFR
part 71 (Alternative 4).
The NRC evaluated these alternatives in terms of their viability to
address the
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regulatory issues of concern and their cost estimates and determined
that a combination of rulemaking (Alternative 4) and the no-action
alternative (Alternative 1) is the preferred approach. Specifically,
the NRC recommends no action for Issues 3 and 5 and rulemaking for the
remaining issues.
The recommended rulemaking action is consistent with the NRC's
response to previous revisions and updates of the international
requirements by the IAEA and would not impose broad programmatic
requirements on the NRC, nor would it have any significant negative
effects on the NRC's licensees or certificate holders. In addition, the
rulemaking action can be expected to reduce regulatory burden on
licensees by maintaining consistency between the NRC's and DOT's
regulations and aligning the U.S. domestic regulations with the IAEA's
requirements, thereby eliminating potential conflicts or duplication
across requirements.
III. Specific Request for Comment
The NRC is requesting public comment on the draft regulatory basis
and its supporting appendices. In preparing comments, consider the
following questions:
(1) Regulatory issues: The NRC has identified and analyzed 15
regulatory issues to be considered in a proposed rule. Do you have
comments on the regulatory issues or the scope of analysis performed by
the NRC? Are there any other issues or areas of concern that ought to
be considered in a proposed rule?
(2) Impacts: Does the draft regulatory basis, including supporting
documentation, address all potential impacts of a proposed rule? Are
there any additional regulatory or other impacts that should be
addressed before or during development of a proposed rule?
(3) Evaluation of options: The draft regulatory basis provides a
discussion of alternatives and options for harmonizing the regulations
in 10 CR part 71 with the IAEA regulations. Are there any additional
alternatives or options that the NRC should consider before development
of a proposed rule?
(4) Proposed revisions to the existing regulations: Do you have
comments on the proposed revisions to the existing regulations as
discussed in the draft regulatory basis?
(5) Other comments: Are there any other concerns that you think
should be addressed before or during development of a proposed rule?
IV. Cumulative Effects of Regulation
The cumulative effects of regulation (CER) describe the challenges
that licensees or other affected entities (such as Agreement State
regulatory 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 affected 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 to 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 draft 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 time period would be sufficient,
and why such a time frame is 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 71 harmonization initiative? 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.
V. Public Meeting
The NRC will conduct a public meeting to describe the draft
regulatory basis and to give the public an opportunity to ask
questions.
The NRC will publish a notice of the location, time, and agenda for
the meeting on the NRC's public meeting website at least 10 calendar
days before the meeting. Stakeholders should monitor the NRC's public
meeting website for information about the public meeting at: http://www.nrc.gov/public-involve/public-meetings/index.cfm. The meeting
notice will also be added to the Federal Rulemaking website at http://www.regulations.gov under Docket ID NRC-2016-0179. See the
``Availability of Documents'' section of this document for instructions
on how to subscribe to receive email notifications when documents are
added to the docket folder on the Federal Rulemaking website.
VI. Availability of Documents
The NRC may post additional materials related to this rulemaking
activity to the Federal Rulemaking website at www.regulations.gov under
NRC-2016-0179. These documents will inform the public of the 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-2016-0179); (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).
The documents identified in the following table are available to
interested persons through one or more of the methods listed in the
ADDRESSES section of this document.
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Document ADAMS Accession No./ web link
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Draft Regulatory Basis--Harmonization of Transportation ML18262A185
Safety Requirements with IAEA Standards.
``Revisions to Transportation Safety Requirements and https://www.govinfo.gov/content/pkg/FR-2016-11-21/
Compatibility with International Atomic Energy Agency pdf/2016-27944.pdf
Transportation Standards,'' published November 21, 2016.
SECY-16-0093, ``Rulemaking Plan for Revisions to ML16158A164
Transportation Safety Requirements and Harmonization with
International Atomic Energy Agency Transportation
Requirements,'' dated July 28, 2016.
SRM-SECY-16-0093, ``Rulemaking Plan for Revisions to ML16235A182
Transportation Safety Requirements and Harmonization with
International Atomic Energy Agency Transportation
Requirements,'' dated August 19, 2016.
``Regulations for the Safe Transport of Radioactive https://www-pub.iaea.org/MTCD/publications/PDF/
Material, 2012 Edition,'' Specific Safety Requirements No. Pub1570_web.pdf
SSR-6 (draft Rev.1); published October 2012.
``Regulations for the Safe Transport of Radioactive https://www-pub.iaea.org/MTCD/Publications/PDF/
Material, 2018 Edition,'' Specific Safety Requirements No. PUB1798_web.pdf
SSR-6 (Rev. 1); published June 2018.
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VII. 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 9th day of April, 2019.
For the Nuclear Regulatory Commission.
Theresa Clark,
Deputy Director, Division of Rulemaking, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2019-07321 Filed 4-11-19; 8:45 am]
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