Draft Regulatory Guide: Issuance, Availability, 66163-66164 [E9-29655]
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Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices
H. Review of Grants of Access. A party
other than the requestor may challenge
an NRC staff determination granting
access to SUNSI whose release would
harm that party’s interest independent
of the proceeding. Such a challenge
must be filed with the Chief
Administrative Judge within 5 days of
the notification by the NRC staff of its
grant of access.
If challenges to the NRC staff
determinations are filed, these
procedures give way to the normal
process for litigating disputes
concerning access to information. The
availability of interlocutory review by
the Commission of orders ruling on
such NRC staff determinations (whether
granting or denying access) is governed
by 10 CFR 2.311.3
I. The Commission expects that the
NRC staff and presiding officers (and
any other reviewing officers) will
consider and resolve requests for access
to SUNSI, and motions for protective
orders, in a timely fashion in order to
minimize any unnecessary delays in
identifying those petitioners who have
66163
standing and who have propounded
contentions meeting the specificity and
basis requirements in 10 CFR Part 2.
Attachment 1 to this Order summarizes
the general target schedule for
processing and resolving requests under
these procedures.
It is so ordered.
Dated at Rockville, Maryland, this 9th day
of December 2009.
For the Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
ATTACHMENT 1—GENERAL TARGET SCHEDULE FOR PROCESSING AND RESOLVING REQUESTS FOR ACCESS TO SENSITIVE
UNCLASSIFIED NON-SAFEGUARDS INFORMATION IN THIS PROCEEDING
Day
Event/activity
0 .........................
Publication of Federal Register notice of hearing and opportunity to petition for leave to intervene, including order with instructions for access requests.
Deadline for submitting requests for access to Sensitive Unclassified Non-Safeguards Information (SUNSI) with information:
Supporting the standing of a potential party identified by name and address; describing the need for the information in
order for the potential party to participate meaningfully in an adjudicatory proceeding.
Deadline for submitting petition for intervention containing: (i) Demonstration of standing; (ii) all contentions whose formulation does not require access to SUNSI (+25 Answers to petition for intervention; +7 petitioner/requestor reply).
Nuclear Regulatory Commission (NRC) staff informs the requestor of the staff’s determination whether the request for access
provides a reasonable basis to believe standing can be established and shows need for SUNSI. (NRC staff also informs
any party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information.) If NRC staff makes the finding of need for SUNSI and likelihood of standing, NRC staff begins document processing
(preparation of redactions or review of redacted documents).
If NRC staff finds no ‘‘need’’ or no likelihood of standing, the deadline for requestor/petitioner to file a motion seeking a ruling
to reverse the NRC staff’s denial of access; NRC staff files copy of access determination with the presiding officer (or Chief
Administrative Judge or other designated officer, as appropriate). If NRC staff finds ‘‘need’’ for SUNSI, the deadline for any
party to the proceeding whose interest independent of the proceeding would be harmed by the release of the information
to file a motion seeking a ruling to reverse the NRC staff’s grant of access.
Deadline for NRC staff reply to motions to reverse NRC staff determination(s).
(Receipt +30) If NRC staff finds standing and need for SUNSI, deadline for NRC staff to complete information processing and
file motion for Protective Order and draft Non-Disclosure Affidavit. Deadline for applicant/licensee to file Non-Disclosure
Agreement for SUNSI.
If access granted: Issuance of presiding officer or other designated officer decision on motion for protective order for access
to sensitive information (including schedule for providing access and submission of contentions) or decision reversing a
final adverse determination by the NRC staff.
Deadline for filing executed Non-Disclosure Affidavits. Access provided to SUNSI consistent with decision issuing the protective order.
Deadline for submission of contentions whose development depends upon access to SUNSI. However, if more than 25 days
remain between the petitioner’s receipt of (or access to) the information and the deadline for filing all other contentions (as
established in the notice of hearing or opportunity for hearing), the petitioner may file its SUNSI contentions by that later
deadline.
(Contention receipt +25) Answers to contentions whose development depends upon access to SUNSI.
(Answer receipt +7) Petitioner/Intervenor reply to answers.
Decision on contention admission.
10 .......................
60 .......................
20 .......................
25 .......................
30 .......................
40 .......................
A ........................
A + 3 ..................
A + 28 ................
A + 53 ................
A + 60 ................
>A + 60 ..............
[FR Doc. E9–29672 Filed 12–11–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
mstockstill on DSKH9S0YB1PROD with NOTICES
[NRC–2009–0556]
Draft Regulatory Guide: Issuance,
Availability
ACTION: Notice of Issuance and
Availability of Draft Regulatory Guide,
DG–8032.
FOR FURTHER INFORMATION CONTACT:
Mohammad S. Saba, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: (301) 251–
7558 or e-mail to
Mohammad.Saba@nrc.gov.
AGENCY: Nuclear Regulatory
Commission.
SUPPLEMENTARY INFORMATION:
3 Requestors should note that the filing
requirements of the NRC’s E-Filing Rule (72 FR
49139; August 28, 2007) apply to appeals of NRC
staff determinations (because they must be served
on a presiding officer or the Commission, as
VerDate Nov<24>2008
17:54 Dec 11, 2009
Jkt 220001
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
comment a draft guide in the agency’s
‘‘Regulatory Guide’’ series. This series
was developed to describe and make
available to the public such information
as methods that are acceptable to the
NRC staff for implementing specific
parts of the NRC’s regulations,
techniques that the staff uses in
evaluating specific problems or
applicable), but not to the initial SUNSI request
submitted to the NRC staff under these procedures.
E:\FR\FM\14DEN1.SGM
14DEN1
66164
Federal Register / Vol. 74, No. 238 / Monday, December 14, 2009 / Notices
postulated accidents, and data that the
staff needs in its review of applications
for permits and licenses.
The draft regulatory guide (DG),
entitled, ‘‘Planned Special Exposures,’’
is temporarily identified by its task
number, DG–8032, which should be
mentioned in all related
correspondence. DG–8032 is a proposed
Revision 1 of Regulatory Guide 8.35,
dated June 1992.
In the revised Title 10, of the Code of
Federal Regulations, Part 20, ‘‘Standards
for Protection Against Radiation’’ (10
CFR Part 20), (10 CFR 20.1201(b) and 10
CFR 20.1206, ‘‘Planned Special
Exposures,’’ provide the conditions and
limits for planned special exposures
(PSEs) of adult workers (i.e., doses in
addition to and accounted for separately
from the doses received under the limits
specified in 10 CFR 20.1201,
‘‘Occupational Dose Limits for Adults.’’
In addition, 10 CFR 20.2104(b) and 10
CFR 20.2104(e)(2) specify the
requirements for obtaining prior
occupational dose information, and 10
CFR 20.2105, ‘‘Records of Planned
Special Exposures,’’ and 10 CFR
20.2106, ‘‘Records of Individual
Monitoring Results,’’ specify the
requirements for exposure and
monitoring records applicable to PSEs.
The requirements for reporting PSEs
appear in 10 CFR 20.2202(e) and in 10
CFR 20.2204, ‘‘Reports of Planned
Special Exposures.’’
This regulatory guide provides
guidance on the conditions and
prerequisites for permitting PSEs
allowed by 10 CFR Part 20, the
associated specific monitoring and
reporting requirements, and examples of
acceptable means of satisfying these
requirements.
II. Further Information
You may submit comments
by any one of the following methods.
Please include Docket ID NRC–2009–
0556 in the subject line of your
comments. Comments submitted in
writing or in electronic form will be
posted on the NRC Web site and on the
Federal rulemaking Web site
Regulations.gov. Because your
comments will not be edited to remove
any identifying or contact information,
the NRC cautions you against including
any information in your submission that
you do not want to be publicly
disclosed.
The NRC requests that any party
soliciting or aggregating comments
received from other persons for
submission to the NRC inform those
persons that the NRC will not edit their
comments to remove any identifying or
contact information, and therefore, they
mstockstill on DSKH9S0YB1PROD with NOTICES
ADDRESSES:
VerDate Nov<24>2008
17:54 Dec 11, 2009
Jkt 220001
should not include any information in
their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
NRC–2009–0556. Address questions
about NRC dockets to Carol Gallagher
301–492–3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar,
Chief, Rulemaking and Directives
Branch (RDB), Division of
Administrative Services, Office of
Administration, Mail Stop: TWB–05–
B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, or by fax to RDB at (301) 492–
3446.
You can access publicly available
documents related to this notice 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 O1 F21, One White Flint
North, 11555 Rockville Pike, Rockville,
Maryland.
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 Rulemaking Web site: Public
comments and supporting materials
related to this notice can be found at
https://www.regulations.gov by searching
on Docket ID: NRC–2009–0556.
Requests for technical information
about DG–8032 may be directed to the
NRC contact, Mohammad S. Saba at
(301) 251–7558 or e-mail to
Mohammad.Saba@nrc.gov.
Comments would be most helpful if
received by March 11, 2010. Comments
received after that date will be
considered if it is practical to do so, but
the NRC is able to ensure consideration
only for comments received on or before
this date. Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
Electronic copies of DG–8032 are
available through the NRC’s public Web
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
site under Draft Regulatory Guides in
the ‘‘Regulatory Guides’’ collection of
the NRC’s Electronic Reading Room at
https://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also
available in ADAMS (https://
www.nrc.gov/reading-rm/adams.html),
under Accession No. ML09177035.
In addition, regulatory guides are
available for inspection at the NRC’s
Public Document Room (PDR) located at
11555 Rockville Pike, Rockville,
Maryland. The PDR’s mailing address is
USNRC PDR, Washington, DC 20555–
0001. The PDR can also be reached by
telephone at (301) 415–4737 or (800)
397–4205, by fax at (301) 415–3548, and
by e-mail to pdr.resource@nrc.gov.
Regulatory guides are not
copyrighted, and Commission approval
is not required to reproduce them.
Dated at Rockville, Maryland, this 7th day
of December 2009.
For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guide Development
Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. E9–29655 Filed 12–11–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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[EA–09–205; NRC–2009–0544]
In the Matter of Licensees Authorized
To Possess Radioactive Material
Quantities of Concern; Order Imposing
Fingerprinting and Criminal History
Records Check Requirements for
Unescorted Access to Certain
Radioactive Material (Effective
Immediately)
I
The Licensees identified in
Attachment A to the Increased Controls
(IC) Order (EA–09–204) hold licenses
issued by the U.S. Nuclear Regulatory
Commission (NRC or Commission) in
accordance with the Atomic Energy Act
(AEA) of 1954, as amended, and which
may possess items containing
radioactive materials in quantities of
concern.
Section 149 of the AEA, as amended
by Section 652 of the Energy Policy Act
of 2005, requires fingerprinting and a
Federal Bureau of Investigation (FBI)
identification and criminal history
records checks for ‘‘any individual who
is permitted unescorted access to
radioactive materials or other property
subject to regulation by the Commission
that the Commission determines to be of
such significance to the public health
and safety or the common defense and
E:\FR\FM\14DEN1.SGM
14DEN1
Agencies
[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Pages 66163-66164]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29655]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0556]
Draft Regulatory Guide: Issuance, Availability
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of Issuance and Availability of Draft Regulatory Guide,
DG-8032.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Mohammad S. Saba, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: (301) 251-
7558 or e-mail to Mohammad.Saba@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public
comment a draft guide in the agency's ``Regulatory Guide'' series. This
series was developed to describe and make available to the public such
information as methods that are acceptable to the NRC staff for
implementing specific parts of the NRC's regulations, techniques that
the staff uses in evaluating specific problems or
[[Page 66164]]
postulated accidents, and data that the staff needs in its review of
applications for permits and licenses.
The draft regulatory guide (DG), entitled, ``Planned Special
Exposures,'' is temporarily identified by its task number, DG-8032,
which should be mentioned in all related correspondence. DG-8032 is a
proposed Revision 1 of Regulatory Guide 8.35, dated June 1992.
In the revised Title 10, of the Code of Federal Regulations, Part
20, ``Standards for Protection Against Radiation'' (10 CFR Part 20),
(10 CFR 20.1201(b) and 10 CFR 20.1206, ``Planned Special Exposures,''
provide the conditions and limits for planned special exposures (PSEs)
of adult workers (i.e., doses in addition to and accounted for
separately from the doses received under the limits specified in 10 CFR
20.1201, ``Occupational Dose Limits for Adults.'' In addition, 10 CFR
20.2104(b) and 10 CFR 20.2104(e)(2) specify the requirements for
obtaining prior occupational dose information, and 10 CFR 20.2105,
``Records of Planned Special Exposures,'' and 10 CFR 20.2106, ``Records
of Individual Monitoring Results,'' specify the requirements for
exposure and monitoring records applicable to PSEs. The requirements
for reporting PSEs appear in 10 CFR 20.2202(e) and in 10 CFR 20.2204,
``Reports of Planned Special Exposures.''
This regulatory guide provides guidance on the conditions and
prerequisites for permitting PSEs allowed by 10 CFR Part 20, the
associated specific monitoring and reporting requirements, and examples
of acceptable means of satisfying these requirements.
II. Further Information
ADDRESSES: You may submit comments by any one of the following methods.
Please include Docket ID NRC-2009-0556 in the subject line of your
comments. Comments submitted in writing or in electronic form will be
posted on the NRC Web site and on the Federal rulemaking Web site
Regulations.gov. Because your comments will not be edited to remove any
identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed.
The NRC requests that any party soliciting or aggregating comments
received from other persons for submission to the NRC inform those
persons that the NRC will not edit their comments to remove any
identifying or contact information, and therefore, they should not
include any information in their comments that they do not want
publicly disclosed.
Federal Rulemaking Web site: Go to https://www.regulations.gov and
search for documents filed under Docket ID NRC-2009-0556. Address
questions about NRC dockets to Carol Gallagher 301-492-3668; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Michael T. Lesar, Chief, Rulemaking and
Directives Branch (RDB), Division of Administrative Services, Office of
Administration, Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, or by fax to RDB at (301) 492-
3446.
You can access publicly available documents related to this notice
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 O1 F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland.
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 Rulemaking Web site: Public comments and supporting
materials related to this notice can be found at https://www.regulations.gov by searching on Docket ID: NRC-2009-0556.
Requests for technical information about DG-8032 may be directed to
the NRC contact, Mohammad S. Saba at (301) 251-7558 or e-mail to
Mohammad.Saba@nrc.gov.
Comments would be most helpful if received by March 11, 2010.
Comments received after that date will be considered if it is practical
to do so, but the NRC is able to ensure consideration only for comments
received on or before this date. Although a time limit is given,
comments and suggestions in connection with items for inclusion in
guides currently being developed or improvements in all published
guides are encouraged at any time.
Electronic copies of DG-8032 are available through the NRC's public
Web site under Draft Regulatory Guides in the ``Regulatory Guides''
collection of the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/doc-collections/. Electronic copies are also available in
ADAMS (https://www.nrc.gov/reading-rm/adams.html), under Accession No.
ML09177035.
In addition, regulatory guides are available for inspection at the
NRC's Public Document Room (PDR) located at 11555 Rockville Pike,
Rockville, Maryland. The PDR's mailing address is USNRC PDR,
Washington, DC 20555-0001. The PDR can also be reached by telephone at
(301) 415-4737 or (800) 397-4205, by fax at (301) 415-3548, and by e-
mail to pdr.resource@nrc.gov.
Regulatory guides are not copyrighted, and Commission approval is
not required to reproduce them.
Dated at Rockville, Maryland, this 7th day of December 2009.
For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guide Development Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. E9-29655 Filed 12-11-09; 8:45 am]
BILLING CODE 7590-01-P