Physical Protection of Byproduct Material, 17794-17795 [E9-8830]

Download as PDF 17794 Proposed Rules Federal Register Vol. 74, No. 73 Friday, April 17, 2009 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 37 [NRC–2008–0120] RIN 3150–AI12 Physical Protection of Byproduct Material dwashington3 on PROD1PC60 with PROPOSALS AGENCY: Nuclear Regulatory Commission. ACTION: Availability of preliminary draft rule language. SUMMARY: The Nuclear Regulatory Commission (NRC) is making available preliminary draft proposed rule language to amend its regulations to add a new part 37 to Title 10 of the Code of Federal Regulations. This new part 37 will contain the security (physical protection) requirements that are designed to provide reasonable assurance of preventing the theft or diversion of category 1 and category 2 quantities of radioactive material as designated by the International Atomic Energy Agency (IAEA). The new provisions will address background investigations, access control, physical security during use, and physical security during any transport of category 1 and category 2 quantities of radioactive material. At this time, the staff is only posting the preliminary draft language for the background investigations and access control program. These requirements will be contained in subpart B of the new part 37. The draft preliminary language for the transportation security was noticed in November 2008 (73 FR 69590; November 19, 2008). Draft preliminary language for physical security during use will be posted and noticed in the future. The availability of the preliminary draft rule language is intended to inform stakeholders of the current status of the NRC’s activities and solicit public comments on the information being provided at this time. Comments may be provided as indicated under the ADDRESSES heading. VerDate Nov<24>2008 15:03 Apr 16, 2009 Jkt 217001 The NRC may post updates periodically under Docket # NRC–2008–0120 on the Federal eRulemaking Portal at https:// www.regulations.gov that may be of interest to stakeholders. DATES: Submit comment by June 1, 2009. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any one of the following methods. Please include the number RIN 3150– AI12 in the subject line of your comments. Comments on rulemakings submitted in writing or in electronic form will be made available to the public in their entirety in NRC’s Agencywide Documents Access and Management System (ADAMS) and at https://www.regulations.gov. Personal information, such as your name, address, telephone number, e-mail address, etc., will not be removed from your submission. Federal e-Rulemaking Portal: Go to https://www.regulations.gov and search for documents filed under Docket ID [NRC–2008–0120]. Address questions about NRC dockets to Carol Gallagher 301–415–5905; e-mail Carol.Gallagher@nrc.gov. Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not receive a reply e-mail confirming that we have received your comments, contact us directly at 301–415–1677. Comments can also be submitted via the Federal eRulemaking Portal https:// www.regulations.gov. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 am and 4:15 pm Federal workdays. (Telephone 301–415– 1677) Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. You can access publicly available documents related to this document using the following methods: NRC’s Public Document Room (PDR): The public may examine and have copied for a fee publicly available documents at the NRC’s PDR, Public File Area O–1F21, One White Flint PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 North, 11555 Rockville Pike, Rockville, Maryland 20852–2738. NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available electronically at the NRC’s Electronic Reading Room at https://www.nrc.gov/ reading-rm/adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. Federal e-Rulemaking Portal: Go to https://www.regulations.gov and search for documents filed under Docket ID [NRC–2008–0120]. FOR FURTHER INFORMATION CONTACT: Merri Horn, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone 301–415– 8126, e-mail Merri.Horn@nrc.gov. SUPPLEMENTARY INFORMATION: The preliminary draft rule language can be viewed and downloaded electronically via the Federal eRulemaking Portal at https://www.regulations.gov by searching for Docket # NRC–2008–0120 as well as in ADAMS under ADAMS Accession Number ML090900428. The staff is proposing to add a new part 37 that will contain the security (physical protection) requirements that are designed to provide reasonable assurance of preventing the theft or diversion of category 1 and category 2 quantities of radioactive material as designated by the International Atomic Energy Agency. The new provisions will address background investigations and access control, physical security during use, and physical security during any transport of category 1 and category 2 quantities of radioactive material. At this time, the staff is only posting the preliminary draft language for the background investigation and access control program. These requirements will be contained in subpart B of the new part 37. Draft preliminary language for physical protection during use will be posted and noticed in the future. The NRC is making a preliminary version of this draft proposed rule language available to inform E:\FR\FM\17APP1.SGM 17APP1 Federal Register / Vol. 74, No. 73 / Friday, April 17, 2009 / Proposed Rules stakeholders of the current status of this proposed rulemaking. The NRC is inviting stakeholders to comment on the draft preliminary language. This preliminary draft rule language may be subject to significant revisions during the rulemaking process. Public input at this stage will help inform the development of the proposed rule. The NRC will review and consider any comments received; however, the NRC will not respond to any comments received at this pre-rulemaking stage. As appropriate, the Statements of Consideration for the proposed rule will briefly discuss any substantive changes made to the preliminary draft proposed rule language as a result of comments received on this preliminary version. Stakeholders will also have an opportunity to comment on the rule language when it is published as a proposed rule in accordance with the provisions of the Administrative Procedure Act. The NRC will respond to any such comments in the Statements of Consideration for the final rule. The NRC may post updates to the preliminary draft proposed rule language on the Federal eRulemaking Portal under Docket # NRC–2008–0120. Regulations.gov allows members of the public to set-up notifications so that they may be alerted when documents are added to a docket. Users are notified via e-mail at an e-mail address provided at the time of registration for the notification. Directions for signing up for the automatic notifications can be found at https://www.regulations.gov. To do so, search for the docket you are interested in and then choose ‘‘Notification,’’ found under the title of each action. Dated at Rockville, Maryland, this 10th day of April 2009. For the Nuclear Regulatory Commission. Mark R. Shaffer, Director, Division of Intergovernmental Liaison and Rulemaking, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. E9–8830 Filed 4–16–09; 8:45 am] Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2009–0201; Directorate Identifier 2008–NE–47–AD] RIN 2120–AA64 Airworthiness Directives; Thielert Aircraft Engines GmbH (TAE) Models TAE 125–01 and TAE 125–02–99 Reciprocating Engines Installed in, but not Limited to, Diamond Aircraft Industries Model DA42 Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). We propose to adopt a new airworthiness directive (AD) for the products listed above. This proposed AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as: SUMMARY: In-flight shutdown incidents have been reported on Diamond Aircraft Industries DA42 aircraft equipped with TAE 125 engines. Preliminary investigations showed that it was mainly the result of failure of the propeller control valve. This condition, if not corrected, could lead to further cases of engine in-flight shutdown, possibly resulting in reduced control of the aircraft. We are proposing this AD to prevent engine in-flight shutdown, possibly resulting in reduced control of the aircraft. DATES: We must receive comments on this proposed AD by May 18, 2009. ADDRESSES: You may send comments by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the instructions for sending your comments electronically. • Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. • Fax: (202) 493–2251. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone (800) 647–5527) is the same as the Mail address provided in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Jason Yang, Aerospace Engineer, Engine Certification Office, FAA, Engine and Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; e-mail: jason.yang@faa.gov; telephone (781) 238–7747; fax (781) 238–7199. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2009–0201; Directorate Identifier 2008–NE–47–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact with FAA personnel concerning this proposed AD. Using the search function of the Web site, anyone can find and read the comments in any of our dockets, including, if provided, the name of the individual who sent the comment (or signed the comment on behalf of an association, business, labor union, etc.). You may review the DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78). Discussion Examining the AD Docket VerDate Nov<24>2008 15:03 Apr 16, 2009 Jkt 217001 The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA Airworthiness Directive 2008–0145, dated August 1, 2008 (referred to after this as ‘‘the MCAI’’), to correct an unsafe condition for the specified products.] The MCAI states: You may examine the AD docket on the Internet at https:// www.regulations.gov; or in person at the Docket Operations office between 9 a.m. BILLING CODE 7590–01–P dwashington3 on PROD1PC60 with PROPOSALS DEPARTMENT OF TRANSPORTATION 17795 In-flight shutdown incidents have been reported on Diamond Aircraft Industries DA42 aircraft equipped with TAE 125 engines. Preliminary investigations showed PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\17APP1.SGM 17APP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 74, Number 73 (Friday, April 17, 2009)]
[Proposed Rules]
[Pages 17794-17795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8830]


========================================================================
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. 74, No. 73 / Friday, April 17, 2009 / 
Proposed Rules

[[Page 17794]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 37

[NRC-2008-0120]
RIN 3150-AI12


Physical Protection of Byproduct Material

AGENCY: Nuclear Regulatory Commission.

ACTION: Availability of preliminary draft rule language.

-----------------------------------------------------------------------

SUMMARY: The Nuclear Regulatory Commission (NRC) is making available 
preliminary draft proposed rule language to amend its regulations to 
add a new part 37 to Title 10 of the Code of Federal Regulations. This 
new part 37 will contain the security (physical protection) 
requirements that are designed to provide reasonable assurance of 
preventing the theft or diversion of category 1 and category 2 
quantities of radioactive material as designated by the International 
Atomic Energy Agency (IAEA). The new provisions will address background 
investigations, access control, physical security during use, and 
physical security during any transport of category 1 and category 2 
quantities of radioactive material. At this time, the staff is only 
posting the preliminary draft language for the background 
investigations and access control program. These requirements will be 
contained in subpart B of the new part 37. The draft preliminary 
language for the transportation security was noticed in November 2008 
(73 FR 69590; November 19, 2008). Draft preliminary language for 
physical security during use will be posted and noticed in the future. 
The availability of the preliminary draft rule language is intended to 
inform stakeholders of the current status of the NRC's activities and 
solicit public comments on the information being provided at this time. 
Comments may be provided as indicated under the ADDRESSES heading. The 
NRC may post updates periodically under Docket  NRC-2008-0120 
on the Federal eRulemaking Portal at https://www.regulations.gov that 
may be of interest to stakeholders.

DATES: Submit comment by June 1, 2009. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to assure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any one of the following methods. 
Please include the number RIN 3150-AI12 in the subject line of your 
comments. Comments on rulemakings submitted in writing or in electronic 
form will be made available to the public in their entirety in NRC's 
Agencywide Documents Access and Management System (ADAMS) and at https://www.regulations.gov. Personal information, such as your name, address, 
telephone number, e-mail address, etc., will not be removed from your 
submission.
    Federal e-Rulemaking Portal: Go to https://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2008-0120]. Address 
questions about NRC dockets to Carol Gallagher 301-415-5905; e-mail 
Carol.Gallagher@nrc.gov.
    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
    E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not 
receive a reply e-mail confirming that we have received your comments, 
contact us directly at 301-415-1677. Comments can also be submitted via 
the Federal eRulemaking Portal https://www.regulations.gov.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852, between 7:30 am and 4:15 pm Federal workdays. (Telephone 301-
415-1677)
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.
    You can access publicly available documents related to this 
document using the following methods:
    NRC's Public Document Room (PDR): The public may examine and have 
copied for a fee publicly available documents at the NRC's PDR, Public 
File Area O-1F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852-2738.
    NRC's Agencywide Documents Access and Management System (ADAMS): 
Publicly available documents created or received at the NRC are 
available electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain 
entry into ADAMS, which provides text and image files of NRC's public 
documents. If you do not have access to ADAMS or if there are problems 
in accessing the documents located in ADAMS, contact the NRC's PDR 
reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
pdr.resource@nrc.gov.
    Federal e-Rulemaking Portal: Go to https://www.regulations.gov and 
search for documents filed under Docket ID [NRC-2008-0120].

FOR FURTHER INFORMATION CONTACT: Merri Horn, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
8126, e-mail Merri.Horn@nrc.gov.

SUPPLEMENTARY INFORMATION: The preliminary draft rule language can be 
viewed and downloaded electronically via the Federal eRulemaking Portal 
at https://www.regulations.gov by searching for Docket  NRC-
2008-0120 as well as in ADAMS under ADAMS Accession Number ML090900428.
    The staff is proposing to add a new part 37 that will contain the 
security (physical protection) requirements that are designed to 
provide reasonable assurance of preventing the theft or diversion of 
category 1 and category 2 quantities of radioactive material as 
designated by the International Atomic Energy Agency. The new 
provisions will address background investigations and access control, 
physical security during use, and physical security during any 
transport of category 1 and category 2 quantities of radioactive 
material. At this time, the staff is only posting the preliminary draft 
language for the background investigation and access control program. 
These requirements will be contained in subpart B of the new part 37. 
Draft preliminary language for physical protection during use will be 
posted and noticed in the future.
    The NRC is making a preliminary version of this draft proposed rule 
language available to inform

[[Page 17795]]

stakeholders of the current status of this proposed rulemaking. The NRC 
is inviting stakeholders to comment on the draft preliminary language. 
This preliminary draft rule language may be subject to significant 
revisions during the rulemaking process. Public input at this stage 
will help inform the development of the proposed rule.
    The NRC will review and consider any comments received; however, 
the NRC will not respond to any comments received at this pre-
rulemaking stage. As appropriate, the Statements of Consideration for 
the proposed rule will briefly discuss any substantive changes made to 
the preliminary draft proposed rule language as a result of comments 
received on this preliminary version. Stakeholders will also have an 
opportunity to comment on the rule language when it is published as a 
proposed rule in accordance with the provisions of the Administrative 
Procedure Act. The NRC will respond to any such comments in the 
Statements of Consideration for the final rule.
    The NRC may post updates to the preliminary draft proposed rule 
language on the Federal eRulemaking Portal under Docket  NRC-
2008-0120. Regulations.gov allows members of the public to set-up 
notifications so that they may be alerted when documents are added to a 
docket. Users are notified via e-mail at an e-mail address provided at 
the time of registration for the notification. Directions for signing 
up for the automatic notifications can be found at https://www.regulations.gov. To do so, search for the docket you are interested 
in and then choose ``Notification,'' found under the title of each 
action.

    Dated at Rockville, Maryland, this 10th day of April 2009.

    For the Nuclear Regulatory Commission.
Mark R. Shaffer,
Director, Division of Intergovernmental Liaison and Rulemaking, Office 
of Federal and State Materials and Environmental Management Programs.
[FR Doc. E9-8830 Filed 4-16-09; 8:45 am]
BILLING CODE 7590-01-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.