Implementation Guidance for Physical Protection of Byproduct Material Category 1 and Category 2 Quantities of Radioactive Material; Draft Guidance Document for Comment; Extension of Comment Period, 62694-62695 [2010-25784]

Download as PDF 62694 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules the NOP Web site at: https:// www.ams.usda.gov/nop. SUPPLEMENTARY INFORMATION: jlentini on DSKJ8SOYB1PROD with PROPOSALS I. Background The five draft guidance documents announced through this notice were selected in response to the USDA Office of Inspector General’s (OIG) March 2010 Audit Report 01601–03–Hy: Oversight of the National Organic Program. The OIG findings identified specific areas of the NOP regulations where OIG recommended guidance be issued to strengthen oversight by ACAs and improve consistency and overall administration of the NOP. The NOP specifically developed Commingling and Contamination Prevention in Organic Production and Handling (NOP 5025) and Outdoor Access for Organic Poultry (NOP 5024) draft guidance in response to the OIG report. The OIG also identified the need for the NOP to act upon recommendations issued by the National Organic Standards Board (NOSB) from 2001 to 2010. The NOP developed The Use of Chlorine Materials in Organic Production and Handling (NOP 5026) and Compost and Vermicompost in Organic Crop Production (NOP 5021) in response to outstanding NOSB recommendations. The NOP also identified a need to develop guidance to address requests by ACAs and certified operations for clarifications on particular issues. Wild Crop Harvesting (NOP 5022) is an example of guidance being issued in response to these requests. II. Significance of Guidance These draft guidance documents are being issued in accordance with the Office of Management and Budget (OMB) Bulletin on Agency Good Guidance Practices (GGPs) (January 25, 2007, 72 FR 3432–3440). The purpose of GGPs is to ensure that program guidance documents are developed with adequate public participation, are readily available to the public, and are not applied as binding requirements. The draft guidance, when finalized, will represent the NOP’s current thinking on these topics. It does not create or confer any rights for, or on, any person and does not operate to bind the NOP or the public. Guidance documents are intended to provide a uniform method for operations to comply that can reduce the burden of developing their own methods and simplify audits and inspections. Alternative approaches that can demonstrate compliance with the Organic Foods Production Act (OFPA), as amended (7 U.S.C. 6501–6522), and its implementing regulations are also VerDate Mar<15>2010 19:22 Oct 12, 2010 Jkt 223001 acceptable. The NOP strongly encourages industry to discuss alternative approaches with the NOP before implementing them to avoid unnecessary or wasteful expenditures of resources and to ensure the proposed alternative approach complies with the Act and its implementing regulations. III. Electronic Access Persons with access to Internet may obtain the draft guidance at either NOP’s Web site at https:// www.ams.usda.gov/nop or https:// www.regulations.gov. Dated: October 5, 2010. Rayne Pegg, Administrator, Agricultural Marketing Service. [FR Doc. 2010–25730 Filed 10–12–10; 8:45 am] BILLING CODE 3410–02–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 37 [NRC–2010–0194; RIN 3150–AI12] Implementation Guidance for Physical Protection of Byproduct Material Category 1 and Category 2 Quantities of Radioactive Material; Draft Guidance Document for Comment; Extension of Comment Period Nuclear Regulatory Commission. ACTION: Extension of comment period. AGENCY: On July 14, 2010, the U.S. Nuclear Regulatory Commission (NRC) noticed for public comment implementation guidance for a proposed rule to establish security requirements for the use and transport of Category 1 and Category 2 quantities of radioactive material. The public comment period for this guidance was to have expired on November 12, 2010. The NRC received several requests to extend the comment period to January 15, 2011. Due to the size and complexity of the draft implementation guidance and the associated proposed rule, the NRC has decided to extend the comment period until January 18, 2011. DATES: The comment period has been extended and now expires on January 18, 2011. Comments received after this 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. ADDRESSES: Please include Docket ID NRC–2010–0194 in the subject line of your comments. For instructions on accessing documents related to this SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 action, see ‘‘Submitting Comments and Accessing Information’’ in the SUPPLEMENTARY INFORMATION section of this document. You may submit comments by any one of the following methods. Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC–2010–0194. Address questions about NRC dockets to Carol Gallagher, telephone 301–492–3668; e-mail Carol.Gallagher@nrc.gov. Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. Fax comments to: RADB at (301) 492– 3446. 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: Submitting Comments and Accessing Information Comments submitted in writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site https:// www.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. 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, Room O–1F21, 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 E:\FR\FM\13OCP1.SGM 13OCP1 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules jlentini on DSKJ8SOYB1PROD with PROPOSALS 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, or 301–415–4737, or by e-mail to PDR.Resource@nrc.gov. The draft Part 37 implementation guidance is available electronically under ADAMS Accession Number ML101470684. Federal Rulemaking Web site: Public comments and supporting materials related to the implementation guidance, including the draft implementation guidance, can be found at https:// www.regulations.gov by searching on Docket ID NRC–2010–0194. Documents related to the proposed rule can be found by searching on Docket ID NRC 2008–0120. Discussion The NRC published a proposed rule that would place the security requirements for use of Category 1 and Category 2 quantities of radioactive material into a new Part 37 of Title 10 of the Code of Federal Regulations. The proposed rule was published on June 15, 2010 (75 FR 33902) and the public comment period runs through October 13, 2010. The public comment period for the proposed rule is being extended to January 18, 2011, by separate notice. Documents related to the proposed rule can be found at https:// www.regulations.gov by searching on Docket ID NRC 2008–0120. In conjunction with the proposed rule, the NRC has developed implementation guidance. The implementation document provides guidance to a licensee or applicant for implementation of proposed 10 CFR Part 37, ‘‘Physical Protection of Byproduct Material,’’ specifically Category 1 and Category 2 quantities of radioactive material. It is intended for use by applicants, licensees, Agreement States, and NRC staff. The document describes methods acceptable to the NRC staff for implementing proposed 10 CFR Part 37. The approaches and methods described in the document are provided for information only. Methods and solutions different from those described in the document are acceptable if they meet the requirements in proposed 10 CFR Part 37. The guidance is provided in the form of questions and answers on the provisions of the proposed rule. The draft implementation guidance document for proposed 10 CFR Part 37 is available electronically under ADAMS Accession VerDate Mar<15>2010 19:22 Oct 12, 2010 Jkt 223001 62695 strengthen the regulations governing the security of spent nuclear fuel shipments against malevolent acts. DATES: The comment period expires January 11, 2011. Submit comments specific to the information collection aspects of this rule by November 12, 2010. Comments received after this date will be considered if practical to do so, but the NRC is able to assure consideration only for comments received on or before this date. ADDRESSES: Please include Docket ID: NRC–2009–0163 in the subject line of your comments. For instructions on submitting comments and accessing documents related to this action, see Dated at Rockville, Maryland, this 29th day Section I, ‘‘Submitting Comments and of September 2010. Accessing Information’’ in the SUPPLEMENTARY INFORMATION section of For the Nuclear Regulatory Commission. this document. You may submit Mark Thaggard, comments by any one of the following Deputy Director, Division of methods. Intergovernmental Liaison and Rulemaking, Federal Rulemaking Web site: Go to Office of Federal and State Materials and https://www.regulations.gov and search Environmental Management Programs. for documents filed under Docket ID: [FR Doc. 2010–25784 Filed 10–12–10; 8:45 am] NRC–2009–0163. Address questions BILLING CODE 7590–01–P about the NRC dockets to Carol Gallagher 301–492–3668; e-mail Carol.Gallager@nrc.gov. NUCLEAR REGULATORY Mail comments to: Secretary, U.S. COMMISSION Nuclear Regulatory Commission, 10 CFR Part 73 Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications Staff. RIN 3150–AI64 E-mail comments to: [NRC–2009–0163] Rulemaking.Comments@nrc.gov. If you do not receive a reply e-mail confirming Physical Protection of Irradiated that we have received your comments, Reactor Fuel in Transit contact us directly at (301) 415–1966. Hand deliver comments to: 11555 AGENCY: Nuclear Regulatory Rockville Pike, Rockville, Maryland Commission. 20852, between 7:30 a.m. and 4:15 p.m. ACTION: Proposed rule. during Federal workdays. (Telephone 301–415–1966) SUMMARY: The U.S. Nuclear Regulatory Fax comments to: Secretary, U.S. Commission (NRC) is proposing to Nuclear Regulatory Commission at 301– amend its security regulations 415–1101. pertaining to the transport of irradiated FOR FURTHER INFORMATION CONTACT: reactor fuel (for purposes of this rulemaking, the terms ‘‘irradiated reactor Cardelia Maupin, Office of Federal and State Materials and Environmental fuel’’ and ‘‘spent nuclear fuel’’ (SNF) are Management Programs, U.S. Nuclear used interchangeably). This proposed Regulatory Commission, Washington, rule would establish generically applicable security requirements similar DC 20555–0001, Telephone 301–415– 2312, e-mail: Cardelia.Maupin@nrc.gov. to those previously imposed by Commission orders issued after the SUPPLEMENTARY INFORMATION: terrorist attacks of September 11, 2001. I. Submitting Comments and Accessing The proposed rule would establish the Information acceptable performance standards and II. Background objectives for the protection of spent III. Discussion A. What action is the NRC taking in this nuclear fuel shipments from theft, rule? diversion, or radiological sabotage. The B. Why revise the requirements? proposed amendments would apply to C. What is requested by the State of Nevada those licensees authorized to possess or in its petition for rulemaking (PRM–73– transport spent nuclear fuel. The 10)? proposed security requirements would D. What are the DOT routing requirements also address, in part, a petition for for spent nuclear fuel shipments? rulemaking from the State of Nevada E. What are the NRC routing requirements (PRM–73–10) that requests that NRC for spent nuclear fuel shipments? Number ML101470684, and can also be found at https://www.regulations.gov by searching on Docket ID: NRC–2010– 0194. On July 14, 2010 (75 FR 40756), the NRC noticed the availability of the implementation guidance for public comment. The public comment period for this guidance was to have expired on November 12, 2010. The NRC received several requests to extend the comment period to January 15, 2011. Due to the size and complexity of the draft implementation guidance and the associated proposed rule, the NRC has decided to extend the comment period until January 18, 2011. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\13OCP1.SGM 13OCP1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Proposed Rules]
[Pages 62694-62695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25784]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 37

[NRC-2010-0194; RIN 3150-AI12]


Implementation Guidance for Physical Protection of Byproduct 
Material Category 1 and Category 2 Quantities of Radioactive Material; 
Draft Guidance Document for Comment; Extension of Comment Period

AGENCY: Nuclear Regulatory Commission.

ACTION: Extension of comment period.

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

SUMMARY: On July 14, 2010, the U.S. Nuclear Regulatory Commission (NRC) 
noticed for public comment implementation guidance for a proposed rule 
to establish security requirements for the use and transport of 
Category 1 and Category 2 quantities of radioactive material. The 
public comment period for this guidance was to have expired on November 
12, 2010. The NRC received several requests to extend the comment 
period to January 15, 2011. Due to the size and complexity of the draft 
implementation guidance and the associated proposed rule, the NRC has 
decided to extend the comment period until January 18, 2011.

DATES: The comment period has been extended and now expires on January 
18, 2011. Comments received after this 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.

ADDRESSES: Please include Docket ID NRC-2010-0194 in the subject line 
of your comments. For instructions on accessing documents related to 
this action, see ``Submitting Comments and Accessing Information'' in 
the SUPPLEMENTARY INFORMATION section of this document. You may submit 
comments by any one of the following methods.
    Federal Rulemaking Web Site: Go to https://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0194. Address 
questions about NRC dockets to Carol Gallagher, telephone 301-492-3668; 
e-mail Carol.Gallagher@nrc.gov.
    Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and 
Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
    Fax comments to: RADB at (301) 492-3446.

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:

Submitting Comments and Accessing Information

    Comments submitted in writing or in electronic form will be posted 
on the NRC Web site and on the Federal rulemaking Web site https://www.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.
    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, Room O-
1F21, 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

[[Page 62695]]

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, or 301-
415-4737, or by e-mail to PDR.Resource@nrc.gov. The draft Part 37 
implementation guidance is available electronically under ADAMS 
Accession Number ML101470684.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to the implementation guidance, including the draft 
implementation guidance, can be found at https://www.regulations.gov by 
searching on Docket ID NRC-2010-0194. Documents related to the proposed 
rule can be found by searching on Docket ID NRC 2008-0120.

Discussion

    The NRC published a proposed rule that would place the security 
requirements for use of Category 1 and Category 2 quantities of 
radioactive material into a new Part 37 of Title 10 of the Code of 
Federal Regulations. The proposed rule was published on June 15, 2010 
(75 FR 33902) and the public comment period runs through October 13, 
2010. The public comment period for the proposed rule is being extended 
to January 18, 2011, by separate notice. Documents related to the 
proposed rule can be found at https://www.regulations.gov by searching 
on Docket ID NRC 2008-0120.
    In conjunction with the proposed rule, the NRC has developed 
implementation guidance. The implementation document provides guidance 
to a licensee or applicant for implementation of proposed 10 CFR Part 
37, ``Physical Protection of Byproduct Material,'' specifically 
Category 1 and Category 2 quantities of radioactive material. It is 
intended for use by applicants, licensees, Agreement States, and NRC 
staff. The document describes methods acceptable to the NRC staff for 
implementing proposed 10 CFR Part 37. The approaches and methods 
described in the document are provided for information only. Methods 
and solutions different from those described in the document are 
acceptable if they meet the requirements in proposed 10 CFR Part 37. 
The guidance is provided in the form of questions and answers on the 
provisions of the proposed rule. The draft implementation guidance 
document for proposed 10 CFR Part 37 is available electronically under 
ADAMS Accession Number ML101470684, and can also be found at https://www.regulations.gov by searching on Docket ID: NRC-2010-0194.
    On July 14, 2010 (75 FR 40756), the NRC noticed the availability of 
the implementation guidance for public comment. The public comment 
period for this guidance was to have expired on November 12, 2010. The 
NRC received several requests to extend the comment period to January 
15, 2011. Due to the size and complexity of the draft implementation 
guidance and the associated proposed rule, the NRC has decided to 
extend the comment period until January 18, 2011.

    Dated at Rockville, Maryland, this 29th day of September 2010.

    For the Nuclear Regulatory Commission.
Mark Thaggard,
Deputy Director, Division of Intergovernmental Liaison and Rulemaking, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2010-25784 Filed 10-12-10; 8:45 am]
BILLING CODE 7590-01-P

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