Francis Slakey on Behalf of the American Physical Society; Receipt of Petition for Rulemaking, 80730-80731 [2010-32242]

Download as PDF 80730 Proposed Rules Federal Register Vol. 75, No. 246 Thursday, December 23, 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 70 [Docket No. PRM–70–9; NRC–2010–0372] Francis Slakey on Behalf of the American Physical Society; Receipt of Petition for Rulemaking Nuclear Regulatory Commission. ACTION: Petition for rulemaking; notice of receipt. AGENCY: The U.S. Nuclear Regulatory Commission (NRC or Commission) is publishing for public comment a notice of receipt of a petition for rulemaking, dated November 10, 2010, which was filed with the NRC by Francis Slakey on behalf of the American Physical Society (APS). The petition was docketed by the NRC on November 18, 2010, and has been assigned Docket No. PRM–70–9. The petitioner requests that the NRC amend its regulations regarding the domestic licensing of special nuclear material to include proliferation assessments as part of the licensing process. DATES: Submit comments by March 8, 2011. 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: Please include Docket ID NRC–2010–0372 in the subject line of your comments. For instructions on submitting comments and 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 http://www.regulations.gov and search for documents filed under Docket ID NRC–2010–0372. Address questions about NRC dockets to Carol Gallagher, telephone: 301–492–3668, e-mail: Carol.Gallagher@nrc.gov. srobinson on DSKHWCL6B1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:52 Dec 22, 2010 Jkt 223001 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 301–415–1966. Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852 between 7:30 a.m. and 4:15 p.m. during Federal workdays (telephone: 301–415–1966). Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301–415–1101. FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–492– 3667. 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, http:// 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, including the petition for rulemaking, 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 20852. NRC’s Agencywide Documents Access and Management System (ADAMS): PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 Publicly available documents created or received at the NRC are available electronically at the NRC’s Electronic Reading Room at http://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 action can be found at http://www.regulations.gov by searching on Docket ID NRC–2010–0372. Background Francis Slakey, on behalf of APS (petitioner), submitted a petition for rulemaking dated November 10, 2010. The APS is an organization of research physicists with members in academia, national laboratories, and industry. The petitioner requests that the NRC revise its regulations regarding the domestic licensing of special nuclear material to include proliferation assessments as part of the licensing process. The NRC has determined that the petition meets the threshold sufficiency requirements for a petition for rulemaking under title 10 of the Code of Federal Regulations (10 CFR), section 2.802, and the petition has been docketed as PRM–70–9. The NRC is requesting public comment on the petition for rulemaking. Discussion of the Petition The petitioner stated that on February 18, 2010, the APS Panel on Public Affairs (POPA) released a report entitled ‘‘Technical Steps to Support Nuclear Arsenal Downsizing.’’ In the report, APS/POPA noted that over the next few years, the NRC would be reviewing license applications for new technologies, and that these new technologies could pose proliferation risks. Specifically, the report concluded that some of the enrichment and reprocessing (ENR) technologies could pose unique proliferation risks, and that these risks can best be addressed by including a Nuclear Proliferation Assessment (NPA) in the ENR licensing process. The petitioner believes that the current licensing process may be insufficient to cover all of the issues that would arise in an NPA for two reasons: E:\FR\FM\23DEP1.SGM 23DEP1 Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules (1) By having an NPA emerge as a ‘‘net effect’’ of the current licensing process rather than as an explicit request, nonproliferation is not given an adequate level of attention. The petitioner states that, under the current process, proliferation issues are spread across the entire license application process. As a result, the current process may overlook some properties of the new technology which may merit attention in a proliferation context. (2) Key questions that indicate the degree of proliferation risk of an ENR technology may not be addressed under the NRC’s ‘‘net effect’’ approach. The petitioner believes that a proliferation assessment would be incomplete without a consideration of these key questions, including, but not limited to: • Could the design of the technology be altered easily to allow for diversion of nuclear material? • Could the facility be constructed and operated in a manner that is undetectable? • Are there unique components of the technology whose acquisition would indicate the construction of such a facility and could be easily tracked? The petitioner proposes that the NRC amend its regulations at subpart D of 10 CFR part 70, ‘‘Domestic Licensing of Special Nuclear Material,’’ to include a requirement for an NPA as follows: § 70.22 Contents of applications. (o) Nuclear Proliferation Assessment. Each applicant for the license of an enrichment or reprocessing facility shall include an assessment of the proliferation risks that construction and operation of the proposed facility might pose. The petitioner believes that including a specific requirement for an NPA in the NRC regulations is consistent with the NRC requirement to evaluate whether the issuance of a license ‘‘would be inimical to the common defense and security or to the health and safety of the public.’’ srobinson on DSKHWCL6B1PROD with PROPOSALS Dated at Rockville, Maryland, this 16th day of December, 2010. For the Nuclear Regulatory Commission, Annette Vietti-Cook, Secretary of the Commission. [FR Doc. 2010–32242 Filed 12–22–10; 8:45 am] BILLING CODE 7590–01–P VerDate Mar<15>2010 16:52 Dec 22, 2010 Jkt 223001 80731 The Administrative Procedure Act (APA), 5 10 CFR Part 430 U.S.C. 551 et seq., provides among other things, that ‘‘[e]ach agency shall give an Request for Exclusion of 120 Volt, 100 interested person the right to petition Watt R20 Short Incandescent Reflector for the issuance, amendment, or repeal Lamps of a rule.’’ (5 U.S.C. 553(e)). Pursuant to this provision of the APA, NEMA AGENCY: Office of the General Counsel, petitioned the Department of Energy for Department of Energy (DOE). the issuance of a new rule, as set forth ACTION: Petition for rulemaking; request below. In publishing this petition for for comment. public comment, the Department of Energy is seeking views on whether it SUMMARY: On November 29, 2010, the should grant the petition and undertake Department of Energy received a a rulemaking to consider the proposal petition for rulemaking from the contained in this petition. By seeking National Electrical Manufacturers comment on whether to grant this Association (NEMA). The petition, petition, the Department of Energy takes requests the initiation of a rulemaking no position at this time regarding the regarding a certain incandescent merits of the suggested rulemaking. reflector lamp. The petition seeks to The proposed rulemaking sought by exclude from the coverage of energy NEMA would exclude 120 volt, 100 conservation standards for incandescent reflector lamps a 120 volt, 100 watt R20 watt R20 short lamps from coverage of energy conservation standards for short lamp, which is marketed for use incandescent reflector lamps. The in hot tub spas. Public comment is requested on whether DOE should grant petition requests the Department of Energy stay enforcement of its energy the petition and proceed with a conservation standard as applied to this rulemaking procedure on this matter. type of lamp pending the outcome of DATES: Comments must be postmarked this petition. The Department of Energy no later than January 24, 2011. seeks public comment on whether DOE ADDRESSES: Any comments submitted should grant the petition and proceed must reference ‘‘Petition for Rulemaking: with a rulemaking procedure on this Exclusion of 120 Volt, 100 Watt R20 issue. Short Incandescent Reflector Lamps.’’ Issued in Washington, DC, on December Comments may be submitted using any 17, 2010. of the following methods: Scott Blake Harris, • Federal eRulemaking Portal: http:// General Counsel. www.regulations.gov. Follow the Set forth below is the full text of the instructions for submitting comments. National Electrical Manufacturers • E-mail: ShortLampsPetition-2010Association petition: PET-0047@ee.doe.gov. Include ‘‘Petition BEFORE THE U.S. DEPARTMENT OF for Rulemaking’’ in the subject line of ENERGY the message. November 29, 2010 • Postal Mail: John Cymbalsky, U.S. Department of Energy, Office of Energy Petition for Rulemaking Efficiency and Renewable Energy, U.S. Department of Energy Attention: Hon. Building Technologies Program, EE–2J, Catherine R. Zoi Acting Under Secretary of 1000 Independence Avenue, SW., Energy 1000 Independence Avenue, SW Washington, DC 20585–0121. Please Washington, D.C. 20585 submit one signed original paper copy. RE: Petition of the National Electrical Manufacturers Association To Undertake • Hand Delivery/Courier: John Rulemaking To Exclude 120 Volt, 100 Cymbalsky, U.S. Department of Energy, Watt R20 Short Lamps from Coverage of Office of Energy Efficiency and Energy Conservation Standards for Renewable Energy, Building Incandescent Reflector Lamps. Request Technologies Program, EE–2J, 1000 for Stay of Enforcement Pending Independence Avenue, SW., Rulemaking Washington, DC 20585–0121. Please Dear Under Secretary Zoi: submit one signed original paper copy. The National Electrical Manufacturers FOR FURTHER INFORMATION CONTACT: John Association (NEMA), on behalf of its members who distribute in commerce certain Cymbalsky U.S. Department of Energy, incandescent reflector lamps, petitions the Office of Energy Efficiency and Department to commence a rulemaking Renewable Energy, Building pursuant to the Administrative Procedure Technologies Program, EE–2J, 1000 Act to (1) determine that a certain type of Independence Avenue, SW., incandescent reflector lamp—a 120 volt, 100 Washington, DC 20585–0121, (202) 287– watt R20 short, which is marketed 1692, e-mail: exclusively for use in hot tub spas sold into john.cymbalsky@ee.doe.gov. specific jurisdictions that provide pools and DEPARTMENT OF ENERGY PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 SUPPLEMENTARY INFORMATION: E:\FR\FM\23DEP1.SGM 23DEP1

Agencies

[Federal Register Volume 75, Number 246 (Thursday, December 23, 2010)]
[Proposed Rules]
[Pages 80730-80731]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32242]


========================================================================
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. 246 / Thursday, December 23, 2010 / 
Proposed Rules

[[Page 80730]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 70

[Docket No. PRM-70-9; NRC-2010-0372]


Francis Slakey on Behalf of the American Physical Society; 
Receipt of Petition for Rulemaking

AGENCY: Nuclear Regulatory Commission.

ACTION: Petition for rulemaking; notice of receipt.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
publishing for public comment a notice of receipt of a petition for 
rulemaking, dated November 10, 2010, which was filed with the NRC by 
Francis Slakey on behalf of the American Physical Society (APS). The 
petition was docketed by the NRC on November 18, 2010, and has been 
assigned Docket No. PRM-70-9. The petitioner requests that the NRC 
amend its regulations regarding the domestic licensing of special 
nuclear material to include proliferation assessments as part of the 
licensing process.

DATES: Submit comments by March 8, 2011. 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: Please include Docket ID NRC-2010-0372 in the subject line 
of your comments. For instructions on submitting comments and 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 http://www.regulations.gov and 
search for documents filed under Docket ID NRC-2010-0372. Address 
questions about NRC dockets to Carol Gallagher, telephone: 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 301-415-1966.
    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 
20852 between 7:30 a.m. and 4:15 p.m. during Federal workdays 
(telephone: 301-415-1966).
    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 
301-415-1101.

FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch, Division of Administrative 
Services, Office of Administration, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, telephone: 301-492-3667.

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, http://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, including the petition for rulemaking, 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 
20852.
    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 http://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 action can be found at http://www.regulations.gov by searching on Docket ID NRC-2010-0372.

Background

    Francis Slakey, on behalf of APS (petitioner), submitted a petition 
for rulemaking dated November 10, 2010. The APS is an organization of 
research physicists with members in academia, national laboratories, 
and industry. The petitioner requests that the NRC revise its 
regulations regarding the domestic licensing of special nuclear 
material to include proliferation assessments as part of the licensing 
process. The NRC has determined that the petition meets the threshold 
sufficiency requirements for a petition for rulemaking under title 10 
of the Code of Federal Regulations (10 CFR), section 2.802, and the 
petition has been docketed as PRM-70-9. The NRC is requesting public 
comment on the petition for rulemaking.

Discussion of the Petition

    The petitioner stated that on February 18, 2010, the APS Panel on 
Public Affairs (POPA) released a report entitled ``Technical Steps to 
Support Nuclear Arsenal Downsizing.'' In the report, APS/POPA noted 
that over the next few years, the NRC would be reviewing license 
applications for new technologies, and that these new technologies 
could pose proliferation risks. Specifically, the report concluded that 
some of the enrichment and reprocessing (ENR) technologies could pose 
unique proliferation risks, and that these risks can best be addressed 
by including a Nuclear Proliferation Assessment (NPA) in the ENR 
licensing process. The petitioner believes that the current licensing 
process may be insufficient to cover all of the issues that would arise 
in an NPA for two reasons:

[[Page 80731]]

    (1) By having an NPA emerge as a ``net effect'' of the current 
licensing process rather than as an explicit request, non-proliferation 
is not given an adequate level of attention. The petitioner states 
that, under the current process, proliferation issues are spread across 
the entire license application process. As a result, the current 
process may overlook some properties of the new technology which may 
merit attention in a proliferation context.
    (2) Key questions that indicate the degree of proliferation risk of 
an ENR technology may not be addressed under the NRC's ``net effect'' 
approach. The petitioner believes that a proliferation assessment would 
be incomplete without a consideration of these key questions, 
including, but not limited to:
     Could the design of the technology be altered easily to 
allow for diversion of nuclear material?
     Could the facility be constructed and operated in a manner 
that is undetectable?
     Are there unique components of the technology whose 
acquisition would indicate the construction of such a facility and 
could be easily tracked?
    The petitioner proposes that the NRC amend its regulations at 
subpart D of 10 CFR part 70, ``Domestic Licensing of Special Nuclear 
Material,'' to include a requirement for an NPA as follows:

Sec.  70.22 Contents of applications.

    (o) Nuclear Proliferation Assessment. Each applicant for the 
license of an enrichment or reprocessing facility shall include an 
assessment of the proliferation risks that construction and 
operation of the proposed facility might pose.

    The petitioner believes that including a specific requirement for 
an NPA in the NRC regulations is consistent with the NRC requirement to 
evaluate whether the issuance of a license ``would be inimical to the 
common defense and security or to the health and safety of the 
public.''

    Dated at Rockville, Maryland, this 16th day of December, 2010.

    For the Nuclear Regulatory Commission,

Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2010-32242 Filed 12-22-10; 8:45 am]
BILLING CODE 7590-01-P