Organization of Agreement States, Petition for Rulemaking, Meeting, 35203-35204 [E7-12421]
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35203
Proposed Rules
Federal Register
Vol. 72, No. 123
Wednesday, June 27, 2007
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.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 34
[PRM–34–06]
Organization of Agreement States,
Petition for Rulemaking, Meeting
Nuclear Regulatory
Commission.
ACTION: Notice of meeting.
sroberts on PROD1PC70 with PROPOSALS
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) has received a
petition for rulemaking dated November
3, 2005, which was filed with the
Commission by Barbara Hamrick, Chair,
Organization of Agreement States
(OAS). The petition was docketed by the
NRC on November 16, 2005, and has
been assigned docket number PRM–34–
06. The petitioner requests that the NRC
amend its regulations to require that an
individual receive at least 40 hours of
radiation safety training before using
sources of radiation for industrial
radiography, by revising the
requirements for at least two qualified
individuals to be present at a temporary
job site, and by clarifying how many
individuals are required to meet
surveillance requirements. The
petitioner also requests that NUREG–
1556, Volume 2, be revised to reflect the
proposed amendments. As part of the
petition for rulemaking review process,
the NRC will hold a transcribed public
meeting with the petitioner to obtain
information about two specific issues
relative to the petition. The meeting is
open to the public and all interested
parties may participate.
DATES: August 15, 2007 (1–3 p.m.,
Eastern)
ADDRESSES: The meeting will be held
via an audio teleconference at the U.S.
Nuclear Regulatory Commission (NRC)
Headquarters, Two White Flint North,
11545 Rockville Pike, Rockville, MD
20852–2738.
FOR FURTHER INFORMATION CONTACT:
Thomas Young, telephone: (301) 415–
5795, e-mail: tfy@nrc.gov of the Office of
VerDate Aug<31>2005
16:41 Jun 26, 2007
Jkt 211001
Federal and State Materials and
Environmental Management Programs,
U.S. Nuclear Regulatory Commission,
Mail Stop T8F3, Washington, DC
20555–0001. Interested members of the
public can participate in this meeting
via a toll-free audio teleconference. For
details, please contact Thomas Young to
pre-register for the meeting. If special
equipment is needed by those
participating in the public meeting,
contact Mr. Young no later than July 27,
2007, to provide sufficient notice to
determine whether the equipment is
available.
SUPPLEMENTARY INFORMATION: The NRC,
Office of Federal and State Materials
and Environmental Management
Programs, Petition Review Board has
requested this transcribed public
meeting to ensure full understanding for
two specific issues, training and
economic impact, which NRC identified
during evaluation of the petitioner’s
request in PRM–34–06. The meeting
materials are available from the NRC
Web site, https://www.nrc.gov/publicinvolve/public-meetings/index.cfm, or
by contacting Thomas Young,
telephone: (301) 415–5795, e-mail:
tfy@nrc.gov. The two specific issues,
training and economic impact, are
described below with discussion
questions for each issue.
Regarding the training issue, the
Petition Review Board is seeking an
explanation to resolve an apparent
inconsistency in the petitioner’s request.
The petitioner requested that NRC
amend the regulations to relax an
existing requirement to allow industrial
radiographic personnel to be occupied
with tasks (e.g., dark room duties) that
are unrelated to safety during industrial
radiographic operations and also
requested that the regulations be
amended to include additional radiation
safety training requirements for the
personnel. These requests seem to
conflict.
The petitioner requested that 10 CFR
34.41, ‘‘Conducting industrial
radiographic operations,’’ paragraph (a)
be amended to remove the requirement
that the additional qualified individual
shall observe the operations and be
capable of providing immediate
assistance to prevent unauthorized
entry. The petitioner requested that 10
CFR 34.43, ‘‘Training,’’ be amended to
limit a licensee from permitting an
individual to act as a radiographer or a
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
radiographer’s assistant until the
individual has successfully completed
an accepted course of at least 40 hours
on the applicable subjects listed in
paragraph (g), e.g., concerning
fundamentals of radiation safety,
radiation detection instrumentation, and
equipment.
Two questions about training are as
follows. (1) What is the rationale for
requiring more radiation safety training
for a radiographer’s assistant who would
not be required to observe the
operations and provide immediate
assistance to prevent unauthorized
entry? (2) Does an individual
completing the course to become a
radiographer’s assistant need to take
another course before a licensee can
permit the individual to act as a
radiographer, if the petitioner intends
for the radiographer and radiographer’s
assistant to complete the same course of
applicable subjects on radiological
safety, detection, and use of equipment
as listed in paragraph (g)?
Regarding the issue of economic
impact, the Petition Review Board is
seeking new, relevant information about
the economic impact of implementing
the rule. In response to the notice of
receipt of the petition for rulemaking
(70 FR 76724, December 28, 2005), the
NRC received two comment letters; one
from the Conference of Radiation
Control Program Directors, Inc. and the
other from the Texas Department of
State Health Services. These
organizations supported the petitioner’s
request. The industrial radiography
community did not comment on the
petitioner’s request and the lack of
comment from the industry was
somewhat unexpected because the
industry’s interest had been relatively
high in previous rulemaking activities
for 10 CFR part 34. In the past, the
industry supported the two person
requirement at 10 CFR 34.41(a) and
indicated that the additional cost of
safety would be borne by the customers,
not necessarily by the licensees.
The petitioner contacted certain
industrial radiography licensees that
operate in both the State of Texas and
in NRC’s jurisdiction to assess the cost
of implementing 10 CFR 34.41(a) and
obtained general information, e.g., an
additional person would cost $200 per
day (including travel and per diem) and
the cost of additional time would be
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35204
Federal Register / Vol. 72, No. 123 / Wednesday, June 27, 2007 / Proposed Rules
$10–$12 per hour (not including
overtime pay).
Two questions about economic
impact are as follows. (1) What is the
actual economic impact on a licensee in
the current regulatory environment
where NRC and Agreement States do
not implement the rule in an essentially
identical manner? (2) Have changes in
industry practice occurred since 1997
that have minimized the effectiveness of
10 CFR 34.41(a)?
The agenda for the meeting is as
follows: Welcome and purpose of the
meeting, 10 minutes; PRM 34–06
evaluation process and milestones, 10
minutes; Petition Review Board and
petitioner discussion of the training
issue, 40 minutes; Petition Review
Board and petitioner discussion of the
economic impact issue, 40 minutes;
public comment on the issues, 15
minutes; closing remarks, 5 minutes. If
necessary, NRC may impose a time limit
on a speaker to ensure that all speakers
may comment within the time that is
available.
Members of the public who have
registered to participate in this meeting
should call the teleconference
approximately 15 minutes prior to the
meeting. The toll free number will be
provided to each registrant prior to the
meeting.
Dated at Rockville, Maryland, this 21st day
of June, 2007.
For the Nuclear Regulatory Commission.
Dennis K. Rathbun,
Director, Division of Intergovernmental
Liaison and Rulemaking, Office of Federal
and State Materials and Environmental
Management Programs.
[FR Doc. E7–12421 Filed 6–26–07; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
12 CFR Part 344
RIN 3064–AD18
Extension of Time Period for Quarterly
Reporting of Bank Officers’ and
Certain Employees’ Personal
Securities Transactions
Federal Deposit Insurance
Corporation (‘‘FDIC’’).
ACTION: Notice of proposed rule with
request for comment.
sroberts on PROD1PC70 with PROPOSALS
AGENCY:
SUMMARY: The FDIC proposes to amend
its rule concerning the period of time
that officers and all employees of state
nonmember banks who make or
participate in investment decisions for
the accounts of customers (‘‘certain
VerDate Aug<31>2005
16:41 Jun 26, 2007
Jkt 211001
employees’’) have to report their
personal securities transactions after the
end of the calendar quarter. The
revision would extend the time period
from 10-business days to 30-calendar
days after the end of the calendar
quarter for bank officers and certain
employees to report personal securities
transactions to the bank. This revision
reflects certain developments in Federal
securities regulations.
DATES: Comments on the rule must be
received by August 27, 2007.
ADDRESSES: You may submit comments,
by any of the following methods:
• Agency Web Site: https://
www.FDIC.gov/regulations/laws/
federal/notices.html. Follow
instructions for submitting comments
on the Agency Web Site.
• E-mail: Comments@FDIC.gov.
Include ‘‘Part 344 Revision’’ on the
subject line of the message.
• Mail: Robert E. Feldman, Executive
Secretary, Attention: Comments, Federal
Deposit Insurance Corporation, 550 17th
Street, NW., Washington, DC 20429.
• Hand Delivery: Comments may be
hand delivered to the guard station at
the rear of the 550 17th Street Building
(located on F Street) on business days
between 7 a.m. and 5 p.m.
Instructions: All comments received
will be posted generally without change
to https://www.fdic.gov/regulations/laws/
federal/propose.html, including any
personal information provided.
Comments may be inspected at the FDIC
Public Information Center, Room E–
1022, 3502 North Fairfax Drive,
Arlington, VA 22226, between 9 a.m.
and 5 p.m. on business days.
FOR FURTHER INFORMATION CONTACT:
Serena L. Owens, Chief, Planning and
Program Development, (202) 898–8996;
or Anthony J. DiMilo, Trust
Examination Specialist, (202) 898–7496,
in the Division of Supervision and
Consumer Protection; Julia E. Paris,
Senior Attorney, (202) 898–3821, in the
Legal Division.
SUPPLEMENTARY INFORMATION:
I. Background
The FDIC’s recordkeeping and
confirmation requirements for effecting
securities transactions are set forth in 12
CFR part 344. Part 344 includes a
provision that state nonmember banks
effecting such transactions must
establish written policies and
procedures for supervising all officers
and all employees of state nonmember
banks who, in connection with their
duties, make or participate in
investment decisions for the accounts of
customers (‘‘certain employees’’). At the
time part 344 originally was adopted, it
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Frm 00002
Fmt 4702
Sfmt 4702
reflected the U.S. Securities and
Exchange Commission’s (‘‘SEC’’)
recommendations contained in the Final
Report of the Securities and Exchange
Commission on Bank Securities
Activities (June 30, 1977) and generally
was patterned after SEC regulations.1
Section 344.9(a)(3) requires officers and
certain employees to report to the bank
all securities transactions made by them
or on their behalf in which they have a
beneficial interest within 10-business
days after the end of the calendar
quarter. As adopted, this provision was
intended to be comparable to the SEC’s
Rule 17j–1 of the Investment Company
Act of 1940, which required ‘‘access
persons’’ to report personal securities
transactions quarterly and originally
mandated a 10-business day period for
reporting.2 Contemporaneous to the
FDIC’s original rulemaking, the Office of
the Comptroller of the Currency
(‘‘OCC’’) and the Board of Governors of
the Federal Reserve System adopted
substantially similar rules concerning
quarterly reporting requirements that
mandated a 10 day time period for
reporting.3 In 2002, the Office of the
Thrift Supervision adopted a
substantially similar regulation.4
The SEC, in July 2004, amended Rule
17j–1 to extend the reporting time
period to 30-calendar days after the end
of the calendar quarter.5 The effective
date of the SEC’s amendments to Rule
17j–1 was August 31, 2004, with a
compliance date of January 7, 2005. To
date, no federal banking agency has
amended its rule to conform to the
SEC’s amended Rule 17j–1 of the
Investment Company Act of 1940.6
II. Description of Proposal
Consistent with the 2004 amendments
to SEC’s Rule 17j–1, the FDIC proposes
to amend section 344.9(a)(3) to extend
to 30-calendar days after the end of the
calendar quarter the time period for
reporting quarterly personal securities
transactions. In addition, the FDIC
proposes this amendment in order to
1 44 FR 43260 (July 24, 1979); see 45 FR 73898
(Nov. 7, 1980) (SEC final rule 17j–1 adopting
investment advisor code of ethics and disclosure
requirements for ‘‘access persons,’’ as defined by 17
CFR 270.17–j–1(a)(1)).
2 See 17 CFR 270.17j–1(c)(2) (1998); 45 FR 73898
(Nov. 7, 1980).
3 See 12 CFR 12.7(a)(4) (OCC’s current rule), 12
CFR 208.34(g)(4) (FRB’s current rule).
4 67 FR 76299 (Dec. 12, 2002); 12 CFR 551.150(a)
(OTS’s current rule).
5 69 FR 41696 (July 9, 2004).
6 See 12 CFR 12.7(a)(4) (OCC’s current rule), 12
CFR 208.34(g)(4) (FRB’s current rule), 12 CFR
551.150(a) (OTS’s final rule). However, in OCC
Interpretative Letter No. 1062 (May 2006), the OCC
granted a waiver of its 10-day reporting time period
in favor of a 30-calendar day time period in order
to be consistent with revised Rule 17j–1.
E:\FR\FM\27JNP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Proposed Rules]
[Pages 35203-35204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12421]
========================================================================
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. 72, No. 123 / Wednesday, June 27, 2007 /
Proposed Rules
[[Page 35203]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 34
[PRM-34-06]
Organization of Agreement States, Petition for Rulemaking,
Meeting
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of meeting.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a
petition for rulemaking dated November 3, 2005, which was filed with
the Commission by Barbara Hamrick, Chair, Organization of Agreement
States (OAS). The petition was docketed by the NRC on November 16,
2005, and has been assigned docket number PRM-34-06. The petitioner
requests that the NRC amend its regulations to require that an
individual receive at least 40 hours of radiation safety training
before using sources of radiation for industrial radiography, by
revising the requirements for at least two qualified individuals to be
present at a temporary job site, and by clarifying how many individuals
are required to meet surveillance requirements. The petitioner also
requests that NUREG-1556, Volume 2, be revised to reflect the proposed
amendments. As part of the petition for rulemaking review process, the
NRC will hold a transcribed public meeting with the petitioner to
obtain information about two specific issues relative to the petition.
The meeting is open to the public and all interested parties may
participate.
DATES: August 15, 2007 (1-3 p.m., Eastern)
ADDRESSES: The meeting will be held via an audio teleconference at the
U.S. Nuclear Regulatory Commission (NRC) Headquarters, Two White Flint
North, 11545 Rockville Pike, Rockville, MD 20852-2738.
FOR FURTHER INFORMATION CONTACT: Thomas Young, telephone: (301) 415-
5795, e-mail: tfy@nrc.gov of the Office of Federal and State Materials
and Environmental Management Programs, U.S. Nuclear Regulatory
Commission, Mail Stop T8F3, Washington, DC 20555-0001. Interested
members of the public can participate in this meeting via a toll-free
audio teleconference. For details, please contact Thomas Young to pre-
register for the meeting. If special equipment is needed by those
participating in the public meeting, contact Mr. Young no later than
July 27, 2007, to provide sufficient notice to determine whether the
equipment is available.
SUPPLEMENTARY INFORMATION: The NRC, Office of Federal and State
Materials and Environmental Management Programs, Petition Review Board
has requested this transcribed public meeting to ensure full
understanding for two specific issues, training and economic impact,
which NRC identified during evaluation of the petitioner's request in
PRM-34-06. The meeting materials are available from the NRC Web site,
https://www.nrc.gov/public-involve/public-meetings/index.cfm, or by
contacting Thomas Young, telephone: (301) 415-5795, e-mail:
tfy@nrc.gov. The two specific issues, training and economic impact, are
described below with discussion questions for each issue.
Regarding the training issue, the Petition Review Board is seeking
an explanation to resolve an apparent inconsistency in the petitioner's
request. The petitioner requested that NRC amend the regulations to
relax an existing requirement to allow industrial radiographic
personnel to be occupied with tasks (e.g., dark room duties) that are
unrelated to safety during industrial radiographic operations and also
requested that the regulations be amended to include additional
radiation safety training requirements for the personnel. These
requests seem to conflict.
The petitioner requested that 10 CFR 34.41, ``Conducting industrial
radiographic operations,'' paragraph (a) be amended to remove the
requirement that the additional qualified individual shall observe the
operations and be capable of providing immediate assistance to prevent
unauthorized entry. The petitioner requested that 10 CFR 34.43,
``Training,'' be amended to limit a licensee from permitting an
individual to act as a radiographer or a radiographer's assistant until
the individual has successfully completed an accepted course of at
least 40 hours on the applicable subjects listed in paragraph (g),
e.g., concerning fundamentals of radiation safety, radiation detection
instrumentation, and equipment.
Two questions about training are as follows. (1) What is the
rationale for requiring more radiation safety training for a
radiographer's assistant who would not be required to observe the
operations and provide immediate assistance to prevent unauthorized
entry? (2) Does an individual completing the course to become a
radiographer's assistant need to take another course before a licensee
can permit the individual to act as a radiographer, if the petitioner
intends for the radiographer and radiographer's assistant to complete
the same course of applicable subjects on radiological safety,
detection, and use of equipment as listed in paragraph (g)?
Regarding the issue of economic impact, the Petition Review Board
is seeking new, relevant information about the economic impact of
implementing the rule. In response to the notice of receipt of the
petition for rulemaking (70 FR 76724, December 28, 2005), the NRC
received two comment letters; one from the Conference of Radiation
Control Program Directors, Inc. and the other from the Texas Department
of State Health Services. These organizations supported the
petitioner's request. The industrial radiography community did not
comment on the petitioner's request and the lack of comment from the
industry was somewhat unexpected because the industry's interest had
been relatively high in previous rulemaking activities for 10 CFR part
34. In the past, the industry supported the two person requirement at
10 CFR 34.41(a) and indicated that the additional cost of safety would
be borne by the customers, not necessarily by the licensees.
The petitioner contacted certain industrial radiography licensees
that operate in both the State of Texas and in NRC's jurisdiction to
assess the cost of implementing 10 CFR 34.41(a) and obtained general
information, e.g., an additional person would cost $200 per day
(including travel and per diem) and the cost of additional time would
be
[[Page 35204]]
$10-$12 per hour (not including overtime pay).
Two questions about economic impact are as follows. (1) What is the
actual economic impact on a licensee in the current regulatory
environment where NRC and Agreement States do not implement the rule in
an essentially identical manner? (2) Have changes in industry practice
occurred since 1997 that have minimized the effectiveness of 10 CFR
34.41(a)?
The agenda for the meeting is as follows: Welcome and purpose of
the meeting, 10 minutes; PRM 34-06 evaluation process and milestones,
10 minutes; Petition Review Board and petitioner discussion of the
training issue, 40 minutes; Petition Review Board and petitioner
discussion of the economic impact issue, 40 minutes; public comment on
the issues, 15 minutes; closing remarks, 5 minutes. If necessary, NRC
may impose a time limit on a speaker to ensure that all speakers may
comment within the time that is available.
Members of the public who have registered to participate in this
meeting should call the teleconference approximately 15 minutes prior
to the meeting. The toll free number will be provided to each
registrant prior to the meeting.
Dated at Rockville, Maryland, this 21st day of June, 2007.
For the Nuclear Regulatory Commission.
Dennis K. Rathbun,
Director, Division of Intergovernmental Liaison and Rulemaking, Office
of Federal and State Materials and Environmental Management Programs.
[FR Doc. E7-12421 Filed 6-26-07; 8:45 am]
BILLING CODE 7590-01-P
