Definition of a Utilization Facility, 62360-62361 [2014-24733]

Download as PDF 62360 Proposed Rules Federal Register Vol. 79, No. 201 Friday, October 17, 2014 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 50 [NRC–2013–0053] RIN 3150–AJ18 Definition of a Utilization Facility Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to add SHINE Medical Technologies, Inc.’s (SHINE) proposed accelerator-driven subcritical operating assemblies to the NRC’s definition of a ‘‘utilization facility.’’ In 2013, SHINE submitted a two-part construction permit application for a medical radioisotope production facility that SHINE proposes to build in Janesville, Wisconsin. The proposed acceleratordriven subcritical operating assemblies, to be housed in SHINE’s irradiation facility, would be used to produce molybdenum-99, a radioisotope used in medical imaging and other radioisotopes used for medical purposes. This rule allows NRC staff to conduct an efficient and effective licensing review of the SHINE construction permit application and any subsequent operating license application. SUMMARY: Submit comments by November 17, 2014. Comments received after this date will be considered if it is practical to do so, but the NRC staff is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0053. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; mstockstill on DSK4VPTVN1PROD with PROPOSALS DATES: VerDate Sep<11>2014 17:43 Oct 16, 2014 Jkt 235001 email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, ATTN: Rulemakings and Adjudications staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Steven Lynch, Office of Nuclear Reactor Regulation; telephone: 301–415–1524, email: Steven.Lynch@nrc.gov; U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2013– 0053 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0053. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘ADAMS Public Documents’’ and then select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, please contact the NRC’s Public Document Room (PDR) reference staff at 1–800–397–4209, at 301–415–4737, or by email to pdr.resource@nrc.gov. The PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. SHINE’s construction permit application, submitted May 31, 2014, is publicly available in ADAMS, Accession No. ML13172A324. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. B. Submitting Comments Please include Docket ID NRC–2013– 0053 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS, and the NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Procedural Background Because the NRC considers this action to be non-controversial, the NRC is publishing this proposed rule concurrently as a direct final rule in the Rules and Regulations section of this issue of the Federal Register. The direct final rule will become effective on December 31, 2014. However, if the NRC receives a significant adverse comment on this proposed rule by November 17, 2014, then the NRC will publish a document that withdraws the direct final rule. If the direct final rule E:\FR\FM\17OCP1.SGM 17OCP1 Federal Register / Vol. 79, No. 201 / Friday, October 17, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS is withdrawn, the NRC will address the comments received in response to these proposed revisions in a subsequent final rule. Absent significant modifications to the proposed revisions requiring republication, the NRC will not initiate a second comment period on this action in the event the direct final rule is withdrawn. A significant adverse comment is a comment where the commenter explains why the rule would be inappropriate, including challenges to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. A comment is significant and adverse if it meets the following criteria: (1) The comment opposes the rule and provides a reason sufficient to require a substantive response in a notice-andcomment process. For example, the following comments require a substantive response: (a) The comment causes the NRC staff to reevaluate (or reconsider) its position or conduct additional analysis; (b) The comment raises an issue serious enough to warrant a substantive response to clarify or complete the record; or (c) The comment raises a relevant issue that was not previously addressed or considered by the NRC staff. (2) The comment proposes a change or an addition to the rule, and it is apparent that the rule would be ineffective or unacceptable without incorporation of the change or addition. (3) The comment causes the NRC staff to make a change (other than editorial) to the rule. For procedural information and the regulatory analysis, see the direct final rule published in the Rules and Regulations section of this issue of the Federal Register. III. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal agencies to write documents in a clear, concise, well-organized manner that also follows other best practices appropriate to the subject or field and the intended audience. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883). The NRC requests comment on the proposed rule with respect to clarity and effectiveness of the language used. List of Subjects in 10 CFR Part 50 Antitrust, Classified information, Criminal penalties, Fire protection, Intergovernmental relations, Isotopes, VerDate Sep<11>2014 17:43 Oct 16, 2014 Jkt 235001 Medical isotopes, Molybdenum-99, Nuclear materials, Nuclear power plants and reactors, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements, Utilization facility. For the reasons set out in this preamble and the preamble to the companion direct final rule being published concurrently with this proposed rule and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is proposing to adopt the following amendment to 10 CFR part 50. 62361 Dated at Rockville, Maryland, this 9th day of October, 2014. For the Nuclear Regulatory Commission, Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. 2014–24733 Filed 10–16–14; 8:45 am] BILLING CODE 7590–01–P FEDERAL ELECTION COMMISSION 11 CFR Part 110 [NOTICE 2014–12] Aggregate Biennial Contribution Limits Federal Election Commission. Advance notice of proposed rulemaking. AGENCY: ACTION: PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 1. The authority citation for part 50 is revised to read as follows: ■ Authority: Atomic Energy Act secs. 11, 102, 103, 104, 105, 147, 149, 161, 181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2014, 2132, 2133, 2134, 2135, 2167, 2169, 2201, 2231, 2232, 2233, 2236, 2239, 2273, 2282); Energy Reorganization Act secs. 201, 202, 206 (42 U.S.C. 5841, 5842, 5846); Nuclear Waste Policy Act sec. 306 (42 U.S.C. 10226); Government Paperwork Elimination Act sec. 1704 (44 U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109–58, 119 Stat. 194 (2005). Section 50.7 also issued under Pub. L. 95– 601, sec. 10, as amended by Pub. L. 102–486, sec. 2902 (42 U.S.C. 5851). Section 50.10 also issued under Atomic Energy Act secs. 101, 185 (42 U.S.C. 2131, 2235); National Environmental Policy Act sec. 102 (42 U.S.C. 4332). Sections 50.13, 50.54(d), and 50.103 also issued under Atomic Energy Act sec. 108 (42 U.S.C. 2138). Sections 50.23, 50.35, 50.55, and 50.56 also issued under Atomic Energy Act sec. 185 (42 U.S.C. 2235). Appendix Q also issued under National Environmental Policy Act sec. 102 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204 (42 U.S.C. 5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 97–415 (42 U.S.C. 2239). Section 50.78 also issued under Atomic Energy Act sec. 122 (42 U.S.C. 2152). Sections 50.80—50.81 also issued under Atomic Energy Act sec. 184 (42 U.S.C. 2234). 2. In § 50.2, revise the definition of ‘‘utilization facility’’ to read as follows: ■ § 50.2 Definitions. * * * * * Utilization facility means: (1) Any nuclear reactor other than one designed or used primarily for the formation of plutonium or U–233; or (2) An accelerator-driven subcritical operating assembly used for the irradiation of materials containing special nuclear material and described in the application assigned docket number 50–608. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 In addition to publishing in today’s Federal Register an Interim Final Rule to remove the aggregate contribution limits from the Commission’s regulations, the Commission requests comments on whether to begin a rulemaking to revise other regulations in light of certain language from the Supreme Court’s recent decision in McCutcheon v. FEC. The Commission intends to review the comments it receives as it decides what revisions, if any, it will propose making to its rules. DATES: Comments must be received on or before January 15, 2015. The Commission will hold a hearing on these issues on February 11, 2015. Anyone wishing to testify at the hearing must file written comments by the due date and must include a request to testify in the written comments. ADDRESSES: All comments must be in writing. Comments may be submitted electronically via the Commission’s Web site at sers.fec.gov, reference REG 2014–01. Commenters are encouraged to submit comments electronically to ensure timely receipt and consideration. Alternatively, comments may be submitted in paper form. Paper comments must be sent to the Federal Election Commission, Attn.: Amy L. Rothstein, Assistant General Counsel, 999 E Street NW., Washington, DC 20463. All comments must include the full name and postal service address of a commenter, and of each commenter if filed jointly, or they will not be considered. The Commission will post comments on its Web site at the conclusion of the comment period. FOR FURTHER INFORMATION CONTACT: Ms. Amy L. Rothstein, Assistant General Counsel, or Mr. Theodore M. Lutz, Attorney, 999 E Street NW., Washington, DC 20463, (202) 694–1650 or (800) 424–9530. SUMMARY: E:\FR\FM\17OCP1.SGM 17OCP1

Agencies

[Federal Register Volume 79, Number 201 (Friday, October 17, 2014)]
[Proposed Rules]
[Pages 62360-62361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24733]


========================================================================
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. 79, No. 201 / Friday, October 17, 2014 / 
Proposed Rules

[[Page 62360]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 50

[NRC-2013-0053]
RIN 3150-AJ18


Definition of a Utilization Facility

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is amending its 
regulations to add SHINE Medical Technologies, Inc.'s (SHINE) proposed 
accelerator-driven subcritical operating assemblies to the NRC's 
definition of a ``utilization facility.'' In 2013, SHINE submitted a 
two-part construction permit application for a medical radioisotope 
production facility that SHINE proposes to build in Janesville, 
Wisconsin. The proposed accelerator-driven subcritical operating 
assemblies, to be housed in SHINE's irradiation facility, would be used 
to produce molybdenum-99, a radioisotope used in medical imaging and 
other radioisotopes used for medical purposes. This rule allows NRC 
staff to conduct an efficient and effective licensing review of the 
SHINE construction permit application and any subsequent operating 
license application.

DATES: Submit comments by November 17, 2014. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
staff is able to ensure consideration only for comments received on or 
before this date.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0053. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: Rulemaking.Comments@nrc.gov. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Steven Lynch, Office of Nuclear 
Reactor Regulation; telephone: 301-415-1524, email: 
Steven.Lynch@nrc.gov; U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2013-0053 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0053.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, at 301-415-4737, or by email to pdr.resource@nrc.gov. 
The ADAMS accession number for each document referenced (if it is 
available in ADAMS) is provided the first time that it is mentioned in 
the SUPPLEMENTARY INFORMATION section. SHINE's construction permit 
application, submitted May 31, 2014, is publicly available in ADAMS, 
Accession No. ML13172A324.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2013-0053 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed in your comment submission. The NRC will post all comment 
submissions at  http://www.regulations.gov as well as enter the comment 
submissions into ADAMS, and the NRC does not routinely edit comment 
submissions to remove identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Procedural Background

    Because the NRC considers this action to be non-controversial, the 
NRC is publishing this proposed rule concurrently as a direct final 
rule in the Rules and Regulations section of this issue of the Federal 
Register. The direct final rule will become effective on December 31, 
2014. However, if the NRC receives a significant adverse comment on 
this proposed rule by November 17, 2014, then the NRC will publish a 
document that withdraws the direct final rule. If the direct final rule

[[Page 62361]]

is withdrawn, the NRC will address the comments received in response to 
these proposed revisions in a subsequent final rule. Absent significant 
modifications to the proposed revisions requiring republication, the 
NRC will not initiate a second comment period on this action in the 
event the direct final rule is withdrawn.
    A significant adverse comment is a comment where the commenter 
explains why the rule would be inappropriate, including challenges to 
the rule's underlying premise or approach, or would be ineffective or 
unacceptable without a change. A comment is significant and adverse if 
it meets the following criteria:
    (1) The comment opposes the rule and provides a reason sufficient 
to require a substantive response in a notice-and-comment process. For 
example, the following comments require a substantive response:
    (a) The comment causes the NRC staff to reevaluate (or reconsider) 
its position or conduct additional analysis;
    (b) The comment raises an issue serious enough to warrant a 
substantive response to clarify or complete the record; or
    (c) The comment raises a relevant issue that was not previously 
addressed or considered by the NRC staff.
    (2) The comment proposes a change or an addition to the rule, and 
it is apparent that the rule would be ineffective or unacceptable 
without incorporation of the change or addition.
    (3) The comment causes the NRC staff to make a change (other than 
editorial) to the rule.
    For procedural information and the regulatory analysis, see the 
direct final rule published in the Rules and Regulations section of 
this issue of the Federal Register.

III. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, well-organized manner 
that also follows other best practices appropriate to the subject or 
field and the intended audience. The NRC has written this document to 
be consistent with the Plain Writing Act as well as the Presidential 
Memorandum, ``Plain Language in Government Writing,'' published June 
10, 1998 (63 FR 31883). The NRC requests comment on the proposed rule 
with respect to clarity and effectiveness of the language used.

List of Subjects in 10 CFR Part 50

    Antitrust, Classified information, Criminal penalties, Fire 
protection, Intergovernmental relations, Isotopes, Medical isotopes, 
Molybdenum-99, Nuclear materials, Nuclear power plants and reactors, 
Radiation protection, Reactor siting criteria, Reporting and 
recordkeeping requirements, Utilization facility.

    For the reasons set out in this preamble and the preamble to the 
companion direct final rule being published concurrently with this 
proposed rule and under the authority of the Atomic Energy Act of 1954, 
as amended; the Energy Reorganization Act of 1974, as amended; and 5 
U.S.C. 552 and 553, the NRC is proposing to adopt the following 
amendment to 10 CFR part 50.

PART 50--DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION 
FACILITIES

0
1. The authority citation for part 50 is revised to read as follows:

    Authority: Atomic Energy Act secs. 11, 102, 103, 104, 105, 147, 
149, 161, 181, 182, 183, 186, 189, 223, 234 (42 U.S.C. 2014, 2132, 
2133, 2134, 2135, 2167, 2169, 2201, 2231, 2232, 2233, 2236, 2239, 
2273, 2282); Energy Reorganization Act secs. 201, 202, 206 (42 
U.S.C. 5841, 5842, 5846); Nuclear Waste Policy Act sec. 306 (42 
U.S.C. 10226); Government Paperwork Elimination Act sec. 1704 (44 
U.S.C. 3504 note); Energy Policy Act of 2005, Pub. L. 109-58, 119 
Stat. 194 (2005). Section 50.7 also issued under Pub. L. 95-601, 
sec. 10, as amended by Pub. L. 102-486, sec. 2902 (42 U.S.C. 5851). 
Section 50.10 also issued under Atomic Energy Act secs. 101, 185 (42 
U.S.C. 2131, 2235); National Environmental Policy Act sec. 102 (42 
U.S.C. 4332). Sections 50.13, 50.54(d), and 50.103 also issued under 
Atomic Energy Act sec. 108 (42 U.S.C. 2138).

    Sections 50.23, 50.35, 50.55, and 50.56 also issued under Atomic 
Energy Act sec. 185 (42 U.S.C. 2235). Appendix Q also issued under 
National Environmental Policy Act sec. 102 (42 U.S.C. 4332). 
Sections 50.34 and 50.54 also issued under sec. 204 (42 U.S.C. 
5844). Sections 50.58, 50.91, and 50.92 also issued under Pub. L. 
97-415 (42 U.S.C. 2239). Section 50.78 also issued under Atomic 
Energy Act sec. 122 (42 U.S.C. 2152). Sections 50.80--50.81 also 
issued under Atomic Energy Act sec. 184 (42 U.S.C. 2234).

0
2. In Sec.  50.2, revise the definition of ``utilization facility'' to 
read as follows:


Sec.  50.2  Definitions.

* * * * *
    Utilization facility means:
    (1) Any nuclear reactor other than one designed or used primarily 
for the formation of plutonium or U-233; or
    (2) An accelerator-driven subcritical operating assembly used for 
the irradiation of materials containing special nuclear material and 
described in the application assigned docket number 50-608.

    Dated at Rockville, Maryland, this 9th day of October, 2014.

    For the Nuclear Regulatory Commission,
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2014-24733 Filed 10-16-14; 8:45 am]
BILLING CODE 7590-01-P