Implementation Guidance for Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions; Draft Guidance Document for Comment, 1100-1101 [2011-107]

Download as PDF 1100 Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Proposed Rules unacceptable performance or conduct), if the employee receives a rating of record (or an official performance appraisal or evaluation under a system not covered by 5 U.S.C. chapter 43 or 5 CFR part 430) of less than ‘‘Fully Successful’’ or equivalent, if the employee fails to maintain residency in the new geographic area for the duration of the service agreement, or if the employee otherwise fails to fulfill the terms of the service agreement. * * * * * 12. In § 575.213, revise paragraph (b) introductory text to read as follows: § 575.213 Records and reports. * * * * * (b) OPM may require that each agency submit an annual written report to OPM on the use of the relocation incentive authority within the agency during the previous calendar year. OPM may exempt an agency (or part of an agency) from all or any part of any reporting requirement established under this section if OPM has determined that the relocation incentive data submitted to OPM’s central data systems under 5 CFR 9.2 is accurate and sufficient. Each agency report that is required must include— * * * * * § 575.214 [Removed] 13. Remove § 575.214. Subpart C—Retention Incentives 14. In § 575.304— a. Revise paragraph (d)(1); b. Remove ‘‘or’’ at the end of paragraph (d)(2); c. Remove the period at the end of paragraph (d)(3) and add ‘‘; or’’ in its place; and d. Add paragraph (d)(4). The revision and addition read as follows: § 575.304 Ineligible categories of employees. jdjones on DSK8KYBLC1PROD with PROPOSALS-1 * * * * * (d) * * * (1) To which an individual is appointed by the President without the advice and consent of the Senate, except a Senior Executive Service position in which the individual serves as a career appointee (as defined in 5 U.S.C. 3132(a)(4)); * * * * * (4) To which an individual is appointed as a Senior Executive Service limited term appointee or limited emergency appointee (as defined in 5 U.S.C. 3132(a)(5) and (a)(6), respectively) when the appointment must be cleared through the White House Office of Presidential Personnel. VerDate Mar<15>2010 15:28 Jan 06, 2011 Jkt 223001 15. In § 575.305, revise paragraph (c) to read as follows: § 575.305 Applicability to employees. * * * * * (c) An agency may not include in a group retention incentive authorization an employee covered by § 575.303(a)(2), (a)(3), or (a)(5) or those in similar categories of positions approved by OPM to receive retention incentives under § 575.303(a)(7). * * * * * 16. In § 575.306, redesignate paragraphs (b)(2) through (8) as paragraphs (b)(3) through (9), respectively, and add a new paragraph (b)(2) to read as follows: § 575.306 Authorizing a retention incentive. * * * * * (b) * * * (2) The quality and availability of the potential sources of employees that are identified in the agency’s succession plan, who possess the competencies required for the position, and who, with minimal training, cost, and disruption of service to the public, could perform the full range of duties and responsibilities of the employee’s position at the level performed by the employee; * * * * * 17. In § 575.311, redesignate paragraphs (a)(1) and ((2) as paragraphs (a)(2) and (3), respectively, and add a new paragraph (a)(1) to read as follows: § 575.311 Continuation, reduction, and termination of retention incentives. (a)(1) For each retention incentive that is subject to a service agreement, an authorized agency official must review the determination to pay a retention incentive at least annually to determine whether the original determination still applies or whether payment is still warranted as provided in paragraph (a)(2) of this section, and must certify this determination in writing. * * * * * 18. In § 575.313, revise paragraph (b) introductory text to read as follows: § 575.313 Records and reports. * * * * * (b) OPM may require that each agency submit an annual written report to OPM on the use of the retention incentive authority within the agency during the previous calendar year. OPM may exempt an agency (or part of an agency) from all or any part of any reporting requirement established under this section if OPM has determined that the retention incentive data submitted to OPM’s central data systems under 5 CFR PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 9.2 is accurate and sufficient. Each agency report that is required must include— * * * * * § 575.314 [Removed] 19. Remove § 575.314. § 575.315 [Redesignated as § 575.314] 20. Redesignate § 575.315 as § 575.314. § 575.314 [Amended] 21. In newly redesignated § 575.314: a. Redesignate paragraph (i)(1) as paragraph (i) introductory text; b. Remove paragraph (i)(2); and c. Redesignate paragraphs (i)(1)(i) through (i)(1)(v) as paragraphs (i)(1) through (i)(5), [FR Doc. 2011–111 Filed 1–6–11; 8:45 am] BILLING CODE 6325–39–P NUCLEAR REGULATORY COMMISSION 10 CFR Part 40 [NRC–2011–0003] RIN 3150–AH15 Implementation Guidance for Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions; Draft Guidance Document for Comment Nuclear Regulatory Commission. ACTION: Notice of availability of draft guidance for public comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to require that the initial distribution of source material to exempt persons or general licensees be explicitly authorized by a specific license. The proposed rule would also modify the existing possession and use requirements of the general license for small quantities of source material and revise, clarify, or delete certain source material exemptions from licensing. The NRC has prepared draft guidance to address implementation of the proposed regulations. This notice is announcing the availability of the draft implementation guidance document for public comment. 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–2011–0003 in the subject line of SUMMARY: E:\FR\FM\07JAP1.SGM 07JAP1 Federal Register / Vol. 76, No. 5 / Friday, January 7, 2011 / Proposed Rules 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–2011–0003. 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: Gary Comfort, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–415– 8106, e-mail: Gary.Comfort@nrc.gov. SUPPLEMENTARY INFORMATION: jdjones on DSK8KYBLC1PROD with PROPOSALS-1 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 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 VerDate Mar<15>2010 15:28 Jan 06, 2011 Jkt 223001 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, or 301–415–4737, or by e-mail to PDR.Resource@nrc.gov. The draft Part 40 implementation guidance is available electronically under ADAMS Accession Number ML103160241. Federal Rulemaking Web site: Public comments and supporting materials related to the implementation guidance, including the draft implementation guidance, can be found at http:// www.regulations.gov by searching on Docket ID NRC–2011–0003. Documents related to the proposed rule can be found by searching on Docket ID NRC– 2009–0084. Discussion The NRC published a proposed rule (75 FR 43425; July 26, 2010) that would amend its regulations in part 40 of Title 10 of the Code of Federal Regulations (10 CFR) to require that the initial distribution of source material to exempt persons or general licensees be explicitly authorized by a specific license, which would include new reporting requirements. This proposed rule would affect manufacturers and distributors of certain products and materials containing source material and certain persons using source material under general license and under exemptions from licensing. The public comment period runs through February 15, 2011. In conjunction with the proposed rule, the NRC has developed draft implementation guidance. The draft implementation document provides guidance to a licensee or applicant for implementation of proposed 10 CFR Part 40, ‘‘Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions.’’ 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 40. 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 40. The guidance is provided in the form of questions and answers on PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 1101 the provisions of the proposed rule. The draft implementation guidance document for proposed 10 CFR part 40 is available electronically under ADAMS Accession Number ML103160241, and can also be found at http://www.regulations.gov by searching on Docket ID NRC–2011–0003. At this time, the NRC is announcing the availability for public comment of ‘‘Implementation Guidance for 10 CFR Part 40 Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions.’’ The document provides guidance on implementing the provisions of proposed 10 CFR part 40, ‘‘Distribution of Source Material to Exempt Persons and to General Licensees and Revision of General License and Exemptions.’’ Dated at Rockville, Maryland, this 28th day of December 2010. For the Nuclear Regulatory Commission. James Luehman, Deputy Director, Licensing and Inspection Directorate, Division of Materials Safety and State Agreements, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2011–107 Filed 1–6–11; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [REG–131947–10] RIN 1545–BJ71 Property Traded on an Established Market Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking and notice of public hearing. AGENCY: This document contains proposed regulations relating to determining when property is traded on an established market (that is, publicly traded) for purposes of determining the issue price of a debt instrument. The regulations amend the current regulations to clarify the circumstances that cause property to be publicly traded. The regulations provide needed guidance to issuers and holders of debt instruments. This document also provides a notice of a public hearing on these proposed regulations. DATES: Written or electronic comments must be received by March 8, 2011. Outlines of topics to be discussed at the public hearing scheduled for April 13, SUMMARY: E:\FR\FM\07JAP1.SGM 07JAP1

Agencies

[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Proposed Rules]
[Pages 1100-1101]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-107]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 40

[NRC-2011-0003]
RIN 3150-AH15


Implementation Guidance for Distribution of Source Material to 
Exempt Persons and to General Licensees and Revision of General License 
and Exemptions; Draft Guidance Document for Comment

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability of draft guidance for public comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations to require that the initial distribution of 
source material to exempt persons or general licensees be explicitly 
authorized by a specific license. The proposed rule would also modify 
the existing possession and use requirements of the general license for 
small quantities of source material and revise, clarify, or delete 
certain source material exemptions from licensing. The NRC has prepared 
draft guidance to address implementation of the proposed regulations. 
This notice is announcing the availability of the draft implementation 
guidance document for public comment.

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-2011-0003 in the subject line 
of

[[Page 1101]]

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-2011-0003. 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: Gary Comfort, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
8106, e-mail: Gary.Comfort@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, 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 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, or 301-415-4737, or by e-mail to 
PDR.Resource@nrc.gov. The draft Part 40 implementation guidance is 
available electronically under ADAMS Accession Number ML103160241.
    Federal Rulemaking Web site: Public comments and supporting 
materials related to the implementation guidance, including the draft 
implementation guidance, can be found at http://www.regulations.gov by 
searching on Docket ID NRC-2011-0003. Documents related to the proposed 
rule can be found by searching on Docket ID NRC-2009-0084.

Discussion

    The NRC published a proposed rule (75 FR 43425; July 26, 2010) that 
would amend its regulations in part 40 of Title 10 of the Code of 
Federal Regulations (10 CFR) to require that the initial distribution 
of source material to exempt persons or general licensees be explicitly 
authorized by a specific license, which would include new reporting 
requirements. This proposed rule would affect manufacturers and 
distributors of certain products and materials containing source 
material and certain persons using source material under general 
license and under exemptions from licensing. The public comment period 
runs through February 15, 2011.
    In conjunction with the proposed rule, the NRC has developed draft 
implementation guidance. The draft implementation document provides 
guidance to a licensee or applicant for implementation of proposed 10 
CFR Part 40, ``Distribution of Source Material to Exempt Persons and to 
General Licensees and Revision of General License and Exemptions.'' 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 40. 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 40. 
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 40 is available electronically under 
ADAMS Accession Number ML103160241, and can also be found at http://www.regulations.gov by searching on Docket ID NRC-2011-0003.
    At this time, the NRC is announcing the availability for public 
comment of ``Implementation Guidance for 10 CFR Part 40 Distribution of 
Source Material to Exempt Persons and to General Licensees and Revision 
of General License and Exemptions.'' The document provides guidance on 
implementing the provisions of proposed 10 CFR part 40, ``Distribution 
of Source Material to Exempt Persons and to General Licensees and 
Revision of General License and Exemptions.''

    Dated at Rockville, Maryland, this 28th day of December 2010.

    For the Nuclear Regulatory Commission.
James Luehman,
Deputy Director, Licensing and Inspection Directorate, Division of 
Materials Safety and State Agreements, Office of Federal and State 
Materials and Environmental Management Programs.
[FR Doc. 2011-107 Filed 1-6-11; 8:45 am]
BILLING CODE 7590-01-P