Dan Kane; Receipt of Petition for Rulemaking, 16360-16361 [2010-7405]
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16360
Proposed Rules
Federal Register
Vol. 75, No. 62
Thursday, April 1, 2010
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 51
[Docket No. PRM–51–13; NRC–2010–0088]
Dan Kane; Receipt of Petition for
Rulemaking
emcdonald on DSK2BSOYB1PROD with PROPOSALS-1
AGENCY: Nuclear Regulatory
Commission.
ACTION: Petition for rulemaking; notice
of receipt.
SUMMARY: The Nuclear Regulatory
Commission (NRC) has received and
requests public comment on a petition
for rulemaking dated February 2, 2010,
filed by Dan Kane (petitioner). The
petition was docketed by the NRC and
has been assigned Docket No. PRM–51–
13. The petitioner is requesting that the
NRC amend the regulations that govern
environmental protection for domestic
licensing and related regulatory
functions. Specifically, the petitioner
requests that the provisions that govern
temporary storage of spent fuel after
cessation of reactor operation be
revoked, that licensing of new nuclear
power plants cease, and that existing
operating nuclear power plants be
phased out. The petitioner believes
these suggestions are necessary until the
NRC can be assured of the technical and
economic certainties of a waste
disposition decision and associated
political certainties in light of the
current administration’s proposed
defunding of the Yucca Mountain
Repository for permanent disposal and
storage of spent nuclear fuel.
DATES: Submit comments by June 15,
2010. Comments received after this date
will be considered if it is practical to do
so, but assurance of consideration
cannot be given except as to comments
received on or before this date.
ADDRESSES: You may submit comments
on this petition by any one of the
following methods. Please include
PRM–51–13 in the subject line of your
comments. Comments on petitions
submitted in writing or in electronic
VerDate Nov<24>2008
15:06 Mar 31, 2010
Jkt 220001
form will be made available for public
inspection. Personal information, such
as your name, address, telephone
number, e-mail address, etc., will not be
removed from your submission.
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 eRulemaking Portal: Go to
https://www.regulations.gov and search
for documents filed under Docket ID
[NRC–2010–0088]. Address questions
about NRC dockets to Carol Gallagher,
301–492–3668; 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.
Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
Federal workdays, telephone number
301–415–1677.
Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
Publicly available documents related
to this petition may be viewed
electronically on the public computers
located at the NRC’s Public Document
Room (PDR), Room O1 F21, One White
Flint North, 11555 Rockville Pike,
Rockville, Maryland. The PDR
reproduction contractor will copy
documents for a fee. Selected
documents, including comments, may
be viewed and downloaded
electronically via the Federal
eRulemaking Portal https://
www.regulations.gov.
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 the NRC’s
Agencywide Documents Access and
Management System (ADAMS), which
provides text and image files of NRC’s
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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
PDR Reference staff at 1–800–397–4209,
301–415–4737 or by e-mail to
pdr.resource@nrc.gov.
For a copy of the petition, write to
Michael T. Lesar, Chief, Rulemaking
and Directives Branch, Division of
Administrative Services, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001. The petition is also available
electronically in ADAMS at
ML100570095.
FOR FURTHER INFORMATION CONTACT:
Michael T. Lesar, Office of
Administration, U.S. Nuclear Regulatory
Commission, Washington, DC 20555.
Telephone: 301–492–3663 or Toll-Free:
1–800–368–5642 or E-mail:
Michael.Lesar@NRC.Gov.
SUPPLEMENTARY INFORMATION:
Background
The NRC has received a petition for
rulemaking dated February 2, 2010,
submitted by Mr. Dan Kane (petitioner).
The petitioner is a registered
professional engineer who states that he
has designed safety systems for
commercial nuclear power plants and
prepared some sections of the license
application for Yucca Mountain. The
petitioner requests that the NRC amend
10 CFR part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions.’’ Specifically, the petitioner
requests that the regulations at § 51.23,
‘‘Temporary storage of spent fuel after
cessation of reactor operation—generic
determination of no significant
environmental impact’’ be revoked. The
NRC has determined that the petition
meets the threshold sufficiency
requirements for a petition for
rulemaking under 10 CFR 2.802. The
petition was docketed by the NRC as
PRM–51–13 on February 25, 2010. The
NRC is soliciting public comment on the
petition for rulemaking.
Discussion of the Petition
The petitioner notes that on
September 15, 2008 (73 FR 53284), the
NRC accepted an application for
construction of a mined geologic
repository for spent nuclear fuel (Yucca
Mountain) from the U.S. Department of
Energy (DOE) for docketing and began a
E:\FR\FM\01APP1.SGM
01APP1
emcdonald on DSK2BSOYB1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Proposed Rules
technical review of the application. The
petitioner also notes that on February 1,
2010, the current administration
proposed that the funding for the Yucca
Mountain repository be discontinued for
what the petitioner believes are political
reasons. The petitioner states that the
proposed update of the NRC’s Waste
Confidence Decision and proposed rule
that the NRC published on October 9,
2008 (73 FR 59547), specifically Finding
2 (73 FR 59561), indicates that the NRC
found reasonable assurance that a
mined geologic repository for
permanent disposal of spent nuclear
fuel would be available within 50–60
years beyond the licensed life for
operation (which may include the term
of a revised or renewed license) of any
reactor.
The petitioner also states that the DOE
Director of the Office of Civilian
Radioactive Waste Management
expressed concern about adequate
funding of the Yucca Mountain
repository when DOE informed
Congress that Yucca Mountain could be
ready to accept spent nuclear fuel in
2020. The petitioner notes that the NRC
denied a 2005 petition for rulemaking
(PRM–51–8) by declining to define
‘‘availability’’ of a repository based on a
presumption that an acceptable disposal
site for spent nuclear fuel would
become available ‘‘at some undefined
time in the future.’’ (73 FR 59561.) The
petitioner cites, Natural Resources
Defense Council (NRDC) v. NRC, 574
F.2d 633 (DC Cir. 1976), as determining
that the NRC’s waste confidence
decision must demonstrate compliance
with the National Environmental Policy
Act of 1969, as amended (NEPA), by
assuring that ‘‘safe and adequate storage
methods [for spent nuclear fuel] are
technologically and economically
feasible.’’ However, the petitioner states
that the NRDC decision did not
anticipate the ‘‘current political reality.’’
The petitioner has concluded that the
current administration’s proposed
decision to no longer fund Yucca
Mountain now places the possibility of
construction and licensing of a
permanent repository for spent nuclear
fuel from U.S. nuclear power facilities
and licensees in jeopardy. The
petitioner requests that the NRC cease
licensing new nuclear power plants and
begin to orderly phase out existing
operating nuclear power plants. The
petitioner also requests that § 51.23,
‘‘Temporary storage of spent fuel after
cessation of reactor operation—generic
determination of no significant
environmental impact,’’ be revoked. The
petitioner has concluded that the NRC
cannot rely on existing regulations to
make a determination on issuance of a
VerDate Nov<24>2008
15:06 Mar 31, 2010
Jkt 220001
construction authorization or license for
a mined geologic repository at a location
that has not been identified at an
undetermined future time. The
petitioner has also concluded that the
NRC needs to strengthen the current
regulations by adding additional
requirements that address the political
considerations of siting a mined
geologic repository.
Dated at Rockville, Maryland, March 25,
2010.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2010–7405 Filed 3–31–10; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2009–0606; Directorate
Identifier 2009–NE–11–AD]
RIN 2120–AA64
Airworthiness Directives; CFM
International, S.A. Models CFM56–3
and –3B Turbofan Engines
AGENCY: Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
SUMMARY: This supplemental NPRM
revises an earlier proposed
airworthiness directive (AD), for certain
CFM International, S.A. models
CFM56–3 and –3B turbofan engines.
That proposed AD would have required
initial and repetitive inspections for
damage to the fan blades. That proposed
AD resulted from a report of a failed fan
blade with severe out-of-limit wear on
the underside of the blade platform
where it contacts the damper. This
supplemental NPRM revises the
proposed AD to reduce the initial
inspection compliance threshold, to
correct the engine model designations
affected, and to clarify some of the
inspection wording in the compliance
section. This supplemental NPRM
results from a report of a failed fan blade
with severe out-of-limit wear on the
underside of the blade platform where
it contacts the damper. We are
proposing this supplemental NPRM to
prevent failure of multiple fan blades,
which could result in an uncontained
failure of the engine and damage to the
airplane.
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16361
DATES: We must receive any comments
on this supplemental NPRM by May 17,
2010.
ADDRESSES: Use one of the following
addresses to comment on this proposed
AD.
• 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.
You can get the service information
identified in this proposed AD from
CFM International, S. A., Technical
Publication Department, 1 Neumann
Way, Cincinnati, OH 45215; telephone
(513) 552–2800; fax (513) 552–2816.
FOR FURTHER INFORMATION CONTACT:
Antonio Cancelliere, Aerospace
Engineer, Engine Certification Office,
FAA, Engine & Propeller Directorate, 12
New England Executive Park,
Burlington, MA 01803; e-mail:
antonio.cancelliere@faa.gov; telephone
(781) 238–7751; fax (781) 238–7199.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send us any written
relevant data, views, or arguments
regarding this proposal. Send your
comments to an address listed under
ADDRESSES. Include ‘‘Docket No. FAA–
2009–0606; Directorate Identifier 2009–
NE–11–AD’’ in the subject line of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of the proposed AD. We will
consider all comments received by the
closing date and may amend the
proposed AD in light of 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
E:\FR\FM\01APP1.SGM
01APP1
Agencies
[Federal Register Volume 75, Number 62 (Thursday, April 1, 2010)]
[Proposed Rules]
[Pages 16360-16361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7405]
========================================================================
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. 75, No. 62 / Thursday, April 1, 2010 /
Proposed Rules
[[Page 16360]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 51
[Docket No. PRM-51-13; NRC-2010-0088]
Dan Kane; Receipt of Petition for Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; notice of receipt.
-----------------------------------------------------------------------
SUMMARY: The Nuclear Regulatory Commission (NRC) has received and
requests public comment on a petition for rulemaking dated February 2,
2010, filed by Dan Kane (petitioner). The petition was docketed by the
NRC and has been assigned Docket No. PRM-51-13. The petitioner is
requesting that the NRC amend the regulations that govern environmental
protection for domestic licensing and related regulatory functions.
Specifically, the petitioner requests that the provisions that govern
temporary storage of spent fuel after cessation of reactor operation be
revoked, that licensing of new nuclear power plants cease, and that
existing operating nuclear power plants be phased out. The petitioner
believes these suggestions are necessary until the NRC can be assured
of the technical and economic certainties of a waste disposition
decision and associated political certainties in light of the current
administration's proposed defunding of the Yucca Mountain Repository
for permanent disposal and storage of spent nuclear fuel.
DATES: Submit comments by June 15, 2010. Comments received after this
date will be considered if it is practical to do so, but assurance of
consideration cannot be given except as to comments received on or
before this date.
ADDRESSES: You may submit comments on this petition by any one of the
following methods. Please include PRM-51-13 in the subject line of your
comments. Comments on petitions submitted in writing or in electronic
form will be made available for public inspection. Personal
information, such as your name, address, telephone number, e-mail
address, etc., will not be removed from your submission.
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 eRulemaking Portal: Go to https://www.regulations.gov and
search for documents filed under Docket ID [NRC-2010-0088]. Address
questions about NRC dockets to Carol Gallagher, 301-492-3668; 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.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m. Federal workdays, telephone
number 301-415-1677.
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
301-415-1101.
Publicly available documents related to this petition may be viewed
electronically on the public computers located at the NRC's Public
Document Room (PDR), Room O1 F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. The PDR reproduction contractor
will copy documents for a fee. Selected documents, including comments,
may be viewed and downloaded electronically via the Federal eRulemaking
Portal https://www.regulations.gov.
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 the NRC's Agencywide Documents Access and Management System
(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 PDR Reference
staff at 1-800-397-4209, 301-415-4737 or by e-mail to
pdr.resource@nrc.gov.
For a copy of the petition, write to Michael T. Lesar, Chief,
Rulemaking and Directives Branch, Division of Administrative Services,
Office of Administration, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001. The petition is also available
electronically in ADAMS at ML100570095.
FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555. Telephone: 301-492-3663 or Toll-Free: 1-800-368-5642 or E-mail:
Michael.Lesar@NRC.Gov.
SUPPLEMENTARY INFORMATION:
Background
The NRC has received a petition for rulemaking dated February 2,
2010, submitted by Mr. Dan Kane (petitioner). The petitioner is a
registered professional engineer who states that he has designed safety
systems for commercial nuclear power plants and prepared some sections
of the license application for Yucca Mountain. The petitioner requests
that the NRC amend 10 CFR part 51, ``Environmental Protection
Regulations for Domestic Licensing and Related Regulatory Functions.''
Specifically, the petitioner requests that the regulations at Sec.
51.23, ``Temporary storage of spent fuel after cessation of reactor
operation--generic determination of no significant environmental
impact'' be revoked. The NRC has determined that the petition meets the
threshold sufficiency requirements for a petition for rulemaking under
10 CFR 2.802. The petition was docketed by the NRC as PRM-51-13 on
February 25, 2010. The NRC is soliciting public comment on the petition
for rulemaking.
Discussion of the Petition
The petitioner notes that on September 15, 2008 (73 FR 53284), the
NRC accepted an application for construction of a mined geologic
repository for spent nuclear fuel (Yucca Mountain) from the U.S.
Department of Energy (DOE) for docketing and began a
[[Page 16361]]
technical review of the application. The petitioner also notes that on
February 1, 2010, the current administration proposed that the funding
for the Yucca Mountain repository be discontinued for what the
petitioner believes are political reasons. The petitioner states that
the proposed update of the NRC's Waste Confidence Decision and proposed
rule that the NRC published on October 9, 2008 (73 FR 59547),
specifically Finding 2 (73 FR 59561), indicates that the NRC found
reasonable assurance that a mined geologic repository for permanent
disposal of spent nuclear fuel would be available within 50-60 years
beyond the licensed life for operation (which may include the term of a
revised or renewed license) of any reactor.
The petitioner also states that the DOE Director of the Office of
Civilian Radioactive Waste Management expressed concern about adequate
funding of the Yucca Mountain repository when DOE informed Congress
that Yucca Mountain could be ready to accept spent nuclear fuel in
2020. The petitioner notes that the NRC denied a 2005 petition for
rulemaking (PRM-51-8) by declining to define ``availability'' of a
repository based on a presumption that an acceptable disposal site for
spent nuclear fuel would become available ``at some undefined time in
the future.'' (73 FR 59561.) The petitioner cites, Natural Resources
Defense Council (NRDC) v. NRC, 574 F.2d 633 (DC Cir. 1976), as
determining that the NRC's waste confidence decision must demonstrate
compliance with the National Environmental Policy Act of 1969, as
amended (NEPA), by assuring that ``safe and adequate storage methods
[for spent nuclear fuel] are technologically and economically
feasible.'' However, the petitioner states that the NRDC decision did
not anticipate the ``current political reality.''
The petitioner has concluded that the current administration's
proposed decision to no longer fund Yucca Mountain now places the
possibility of construction and licensing of a permanent repository for
spent nuclear fuel from U.S. nuclear power facilities and licensees in
jeopardy. The petitioner requests that the NRC cease licensing new
nuclear power plants and begin to orderly phase out existing operating
nuclear power plants. The petitioner also requests that Sec. 51.23,
``Temporary storage of spent fuel after cessation of reactor
operation--generic determination of no significant environmental
impact,'' be revoked. The petitioner has concluded that the NRC cannot
rely on existing regulations to make a determination on issuance of a
construction authorization or license for a mined geologic repository
at a location that has not been identified at an undetermined future
time. The petitioner has also concluded that the NRC needs to
strengthen the current regulations by adding additional requirements
that address the political considerations of siting a mined geologic
repository.
Dated at Rockville, Maryland, March 25, 2010.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2010-7405 Filed 3-31-10; 8:45 am]
BILLING CODE 7590-01-P