Harmonization of Transportation Safety Requirements With IAEA Standards, 14898-14901 [2019-07321]
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14898
Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules
§ 381.196 Eligibility of foreign countries
for importation of poultry products into the
United States.
■
(a) * * *
(4) Poultry products from foreign
countries not deemed eligible in
accordance with paragraph (b) of this
section may not be imported into the
United States, except as provided by
§§ 381.207 and 381.209. Eligibility of
any foreign country under this section
may be withdrawn whenever the
Administrator determines that the
system of poultry inspection maintained
by such foreign country does not assure
compliance with requirements
equivalent to all the requirements of the
Act and the regulations as applied to
official establishments in the United
States; or that reliance cannot be placed
upon certificates required under this
subpart from authorities of such foreign
country; or that, for lack of current
information concerning the system of
poultry inspection being maintained by
such foreign country, such foreign
country should be required to
reestablish its eligibility.
(b) A list of countries eligible to
export specific process categories of
poultry products to the United States is
maintained at https://www.fsis.usda.gov/
importlibrary. Such products from listed
countries must be accompanied by
inspection certificates of the country of
origin as required by § 381.197, and are
eligible under the regulations in this
subpart for entry into the United States,
after inspection and marking as required
by the applicable provisions of this
subpart.
§ 557.2 Eligibility of foreign countries for
importation of fish and fish products into
the United States.
PART 424—PREPARATION AND
PROCESSING OPERATIONS
9. The authority citation for part 424
continues to read as follows:
■
Authority: 7 U.S.C. 138f, 450; 21 U.S.C.
451–470; 7 CFR 2.7, 2.18, 2.53.
§ 424.21
[Amended]
10. Amend § 424.21 as follows:
a. In paragraph (a)(2)(i), remove the
phrase ‘‘listed in’’ and add in its place
‘‘determined to be eligible to export
such products to the United States
under’’; and
■ b. In paragraph (a)(3)(i), remove the
phrase ‘‘listed in’’ and add in its place
‘‘determined to be eligible to export
such products to the United States
under’’.
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■
■
PART 557—IMPORTATION
11. The authority citation for part 557
continues to read as follows:
■
Authority: 21 U.S.C. 601–602, 606–622,
624–695; 7 CFR 2.7, 2.18, 2.53.
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12. In § 557.2, revise paragraph (b) to
read as follows:
*
*
*
*
*
(b) The countries eligible to export
specific process categories of fish and
fish products are listed at https://
www.fsis.usda.gov/importlibrary. Such
products must be covered by foreign
inspection certificates of the country of
origin as required by § 557.4. Products
from such countries are eligible under
the regulations in this subchapter for
entry into the United States after
inspection and marking as required by
the applicable provisions of this part.
PART 590—INSPECTION OF EGGS
AND EGG PRODUCTS (EGG
PRODUCTS INSPECTION ACT)
13. The authority citation for part 590
continues to read as follows:
■
Authority: 21 U.S.C. 1031–1056.
14. Revise § 590.910, to read as
follows:
country and make a survey to determine
the manner in which the inspection
system is administered within the
foreign country. The survey of the
foreign inspection system may be
expedited by payment by the interested
Government agency in the foreign
country of the travel expenses incurred
in making the survey. After approval of
the inspection system of a foreign
country, the Administrator may, as often
and to the extent deemed necessary,
authorize representatives of the
Department to review the system to
determine that it is maintained in such
a manner as to be the equivalent of the
system maintained by the United States.
(b) A list of countries eligible to
export egg products to the United States
is maintained at https://
www.fsis.usda.gov/importlibrary.
Done at Washington, DC.
Carmen M. Rottenberg,
Administrator.
[FR Doc. 2019–06915 Filed 4–11–19; 8:45 am]
BILLING CODE 3410–DM–P
■
§ 590.910 Eligibility of foreign countries
for importation of egg products into the
United States.
(a) Whenever it is determined by the
Administrator that the system of egg
products inspection maintained by any
foreign country is such that the egg
products produced in such country are
processed, labeled, and packaged in
accordance with, and otherwise comply
with, the standards of the Act and these
regulations including, but not limited to
the same sanitary, processing, facility
requirements, and continuous
Government inspection as required in
§§ 590.500 through 590.580 applicable
to inspected articles produced within
the United States, notice of that fact will
be given according to paragraph (b) of
this section. Thereafter, egg products
from such countries shall be eligible for
importation into the United States,
subject to the provisions of this part and
other applicable laws and regulations.
Such products must meet, to the extent
applicable, the same standards and
requirements that apply to comparable
domestic products as set forth in these
regulations. Egg products from foreign
countries not deemed eligible in
accordance with paragraph (b) of this
section are not eligible for importation
into the United States, except as
provided by § 590.960. In determining if
the inspection system of a foreign
country is the equivalent of the system
maintained by the United States, the
Administrator shall review the
inspection regulations of the foreign
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NUCLEAR REGULATORY
COMMISSION
10 CFR Part 71
[NRC–2016–0179]
RIN 3150–AJ85
Harmonization of Transportation
Safety Requirements With IAEA
Standards
Nuclear Regulatory
Commission.
ACTION: Draft regulatory basis; request
for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is requesting
comments on a draft regulatory basis to
support a proposed rule that would
harmonize the NRC’s regulations with
the safety requirements of the
International Atomic Energy Agency
(IAEA) for the transport of radioactive
material and the regulations of the U.S.
Department of Transportation (DOT). In
addition, the proposed rule would make
administrative, editorial, or clarification
changes to the NRC’s regulations. The
NRC plans to hold a public meeting to
discuss the draft regulatory basis and
facilitate public participation.
DATES: Submit comments by May 28,
2019. Comments received after this date
will be considered if it is practical to do
so; however, the NRC is only able to
ensure consideration of comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
SUMMARY:
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Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0179. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individuals 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:
Latif Hamdan, telephone: 301–415–
6639, email: Latif.Hamdan@nrc.gov; or
Solomon Sahle, telephone: 301–415–
3781, email: Solomon.Sahle@nrc.gov.
Both are staff of the Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION:
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I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2016–
0179 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2016–0179.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, 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, 301–
415–4737, or by email to pdr.resource@
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nrc.gov. The draft regulatory basis
document is available in ADAMS under
Accession No. ML18262A185.
• 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–2016–
0179 in your comment submission. If
you cannot submit your comments on
the Federal Rulemaking website,
www.regulations.gov, then contact one
of the individuals listed in the FOR
FURTHER INFORMATION CONTACT section of
this document.
The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in your comment submission.
The NRC will post all comment
submissions at https://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
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 to not 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 into ADAMS.
Please note that the NRC will not
provide formal written responses to
each of the comments received on the
draft regulatory basis. However, the
NRC will consider all comments
received in the development of the final
regulatory basis.
II. Discussion
In SECY–16–0093, ‘‘Rulemaking Plan
for Revisions to Transportation Safety
Requirements and Harmonization with
International Atomic Energy Agency
Transportation Requirements,’’ dated
July 28, 2016, the staff requested
Commission approval to initiate a
rulemaking to harmonize part 71 of title
10 of the Code of Federal Regulations
(10 CFR), ‘‘Packaging and
Transportation of Radioactive Material,’’
with the IAEA’s safety requirements and
the DOT’s regulations. The proposed
rule would revise 10 CFR part 71 to be
in harmony with the IAEA’s
requirements and compatible with the
DOT’s regulations. In addition, the
proposed rule would include staff-
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14899
initiated administrative, editorial, or
clarification changes. The Commission
approved the staff’s recommendation in
the staff requirements memorandum
(SRM) associated with SECY–16–0093,
dated August 19, 2016.
The NRC reviewed the updated IAEA
requirements in Specific Safety
Requirements No. 6 (SSR–6), 2012 and
2018 editions, and initially identified 14
regulatory issues to be analyzed during
the rulemaking process. These issues
were documented in an issues paper
that was published in the Federal
Register for public comment on
November 21, 2016 (81 FR 83171). The
NRC subsequently held a public
meeting on December 5–6, 2016, to
discuss the issues with stakeholders.
After the public meeting, the NRC
received 49 comment letters on the
issues paper.
The DOT participated in the public
meeting held in December 2016 to
discuss the issues paper, and the staff
has engaged with the DOT staff in the
current rulemaking to identify and
evaluate gaps between 10 CFR part 71
regulations and the updated IAEA
requirements in SSR–6, 2012 and 2018
editions. The DOT also plans to
undertake a similar action to harmonize
its regulations for the transportation of
radioactive material in 49 CFR parts 107
and 171 through 180 with SSR–6, 2012
and 2018 editions.
After the publication of the issues
paper, the staff identified several
additional items that were grouped
under a new issue, designated as Issue
15. The draft regulatory basis
documents the basis for the NRC’s
recommendation to revise the existing
regulations in 10 CFR part 71. The draft
regulatory basis includes a main
document and two appendices.
Appendix A provides a summary of cost
estimates and uncertainty analysis.
Appendix B provides detailed
assessments of the regulatory issues
identified and analyzed by the NRC and
used to scope and provide justification
for the proposed revisions to 10 CFR
part 71.
In the draft regulatory basis, the NRC
describes its evaluation of four
alternative actions to achieve the
objectives of the harmonization
initiative. These are: No-action option
that would maintain the status quo
(Alternative 1); issue generic
communications and regulatory
guidance (Alternative 2); issue license
specific conditions and exemptions
(Alternative 3); and initiate a
rulemaking to revise 10 CFR part 71
(Alternative 4).
The NRC evaluated these alternatives
in terms of their viability to address the
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Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules
regulatory issues of concern and their
cost estimates and determined that a
combination of rulemaking (Alternative
4) and the no-action alternative
(Alternative 1) is the preferred
approach. Specifically, the NRC
recommends no action for Issues 3 and
5 and rulemaking for the remaining
issues.
The recommended rulemaking action
is consistent with the NRC’s response to
previous revisions and updates of the
international requirements by the IAEA
and would not impose broad
programmatic requirements on the NRC,
nor would it have any significant
negative effects on the NRC’s licensees
or certificate holders. In addition, the
rulemaking action can be expected to
reduce regulatory burden on licensees
by maintaining consistency between the
NRC’s and DOT’s regulations and
aligning the U.S. domestic regulations
with the IAEA’s requirements, thereby
eliminating potential conflicts or
duplication across requirements.
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III. Specific Request for Comment
The NRC is requesting public
comment on the draft regulatory basis
and its supporting appendices. In
preparing comments, consider the
following questions:
(1) Regulatory issues: The NRC has
identified and analyzed 15 regulatory
issues to be considered in a proposed
rule. Do you have comments on the
regulatory issues or the scope of
analysis performed by the NRC? Are
there any other issues or areas of
concern that ought to be considered in
a proposed rule?
(2) Impacts: Does the draft regulatory
basis, including supporting
documentation, address all potential
impacts of a proposed rule? Are there
any additional regulatory or other
impacts that should be addressed before
or during development of a proposed
rule?
(3) Evaluation of options: The draft
regulatory basis provides a discussion of
alternatives and options for
harmonizing the regulations in 10 CR
part 71 with the IAEA regulations. Are
there any additional alternatives or
options that the NRC should consider
before development of a proposed rule?
(4) Proposed revisions to the existing
regulations: Do you have comments on
the proposed revisions to the existing
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regulations as discussed in the draft
regulatory basis?
(5) Other comments: Are there any
other concerns that you think should be
addressed before or during development
of a proposed rule?
IV. Cumulative Effects of Regulation
The cumulative effects of regulation
(CER) describe the challenges that
licensees or other affected entities (such
as Agreement State regulatory partners)
may face while implementing new
regulatory positions, programs, and
requirements (e.g., rules, generic letters,
backfits, inspections). The CER is an
organizational effectiveness challenge
that results from a licensee or affected
entity implementing a number of
complex positions, programs, or
requirements within a limited
implementation period and with
available resources (which may include
limited available expertise to address
specific issues). The NRC has
implemented CER enhancements to the
rulemaking process to facilitate public
involvement throughout the rulemaking
process. Therefore, the NRC is
specifically requesting comment on the
cumulative effects that may result from
a proposed rule. In developing
comments on the draft regulatory basis,
consider the following questions:
(1) In light of any current or projected
CER challenges, what should be a
reasonable effective date, compliance
date, or submittal date(s) from the time
the final rule is published to the actual
implementation of any new proposed
requirements, including changes to
programs, procedures, or the facility?
(2) If current or projected CER
challenges exist, what should be done to
address this situation (e.g., if more time
is required to implement the new
requirements, what time period would
be sufficient, and why such a time frame
is necessary)?
(3) Do other regulatory actions (e.g.,
orders, generic communications, license
amendment requests, and inspection
findings of a generic nature) by the NRC
or other agencies influence the
implementation of the potential
proposed requirements?
(4) Are there unintended
consequences? Does a proposed
rulemaking action create conditions that
would be contrary to the purpose and
objectives of the 10 CFR part 71
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harmonization initiative? If so, what are
the consequences and how should they
be addressed?
(5) Please consider providing
information on the estimates of the costs
and benefits of a proposed rulemaking
action, which can be used to support
any additional regulatory analysis by
the NRC.
V. Public Meeting
The NRC will conduct a public
meeting to describe the draft regulatory
basis and to give the public an
opportunity to ask questions.
The NRC will publish a notice of the
location, time, and agenda for the
meeting on the NRC’s public meeting
website at least 10 calendar days before
the meeting. Stakeholders should
monitor the NRC’s public meeting
website for information about the public
meeting at: https://www.nrc.gov/publicinvolve/public-meetings/index.cfm. The
meeting notice will also be added to the
Federal Rulemaking website at https://
www.regulations.gov under Docket ID
NRC–2016–0179. See the ‘‘Availability
of Documents’’ section of this document
for instructions on how to subscribe to
receive email notifications when
documents are added to the docket
folder on the Federal Rulemaking
website.
VI. Availability of Documents
The NRC may post additional
materials related to this rulemaking
activity to the Federal Rulemaking
website at www.regulations.gov under
NRC–2016–0179. These documents will
inform the public of the status of this
activity and/or provide additional
material for use at future public
meetings.
The Federal Rulemaking website
allows you to receive alerts when
changes or additions occur in a docket
folder. To subscribe: (1) Navigate to the
docket folder (NRC–2016–0179); (2)
click the ‘‘Sign up for Email Alerts’’
link; and (3) enter your email address
and select how frequently you would
like to receive emails (daily, weekly, or
monthly).
The documents identified in the
following table are available to
interested persons through one or more
of the methods listed in the ADDRESSES
section of this document.
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Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules
ADAMS
Accession No./
web link
Document
Draft Regulatory Basis—Harmonization of Transportation Safety Requirements with IAEA
Standards.
‘‘Revisions to Transportation Safety Requirements and Compatibility with International Atomic
Energy Agency Transportation Standards,’’ published November 21, 2016.
SECY–16–0093, ‘‘Rulemaking Plan for Revisions to Transportation Safety Requirements and
Harmonization with International Atomic Energy Agency Transportation Requirements,’’ dated
July 28, 2016.
SRM–SECY–16–0093, ‘‘Rulemaking Plan for Revisions to Transportation Safety Requirements
and Harmonization with International Atomic Energy Agency Transportation Requirements,’’
dated August 19, 2016.
‘‘Regulations for the Safe Transport of Radioactive Material, 2012 Edition,’’ Specific Safety Requirements No. SSR–6 (draft Rev.1); published October 2012.
‘‘Regulations for the Safe Transport of Radioactive Material, 2018 Edition,’’ Specific Safety Requirements No. SSR–6 (Rev. 1); published June 2018.
VII. Plain Writing
2. On the same page, in the same
column, in the sixty-sixth line, the text
entry that reads ‘‘May 4, 2019’’ should
read ‘‘March 4, 2019’’.
■ 3. On the same page, in the third
column, in the first line, the text entry
that reads ‘‘May 4, 2019’’ should read
‘‘March 4, 2019’’.
■
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise,
well-organized manner. 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 in the Federal Register on
June 10, 1998 (63 FR 31883). The NRC
requests comment on this document
with respect to the clarity and
effectiveness of the language used.
Dated at Rockville, Maryland, this 9th day
of April, 2019.
For the Nuclear Regulatory Commission.
Theresa Clark,
Deputy Director, Division of Rulemaking,
Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2019–07321 Filed 4–11–19; 8:45 am]
§ 1.250(b)–1
[Corrected]
4. On page 8214, the table heading
should read ‘‘Table 1 to Paragraph
(d)(3)(ii)(A)(1)’’.
■ 5. On page 8215, in the first table, the
heading should read ‘‘Table 1 to
Paragraph (d)(3)(ii)(B)(1)(i)’’.
■ 6. On the same page, in the second
table, the heading should read ‘‘Table 2
to Paragraph (d)(3)(ii)(B)(1)(i)’’.
■
§ 1.250(b)–5
[Corrected]
DEPARTMENT OF THE TREASURY
7. On page 8227, in the first column,
in the fifty-second line, the text entry
that reads ‘‘$45× ($150× × 0.30)’’ should
read ‘‘$45x ($150x × 0.30)’’.
Internal Revenue Service
§ 1.250(b)–6
■
BILLING CODE 7590–01–P
[Corrected]
8. On page 8229, in the second
column, in the twenty-fourth line, the
text entry that reads ‘‘(10% x $75x)’’
should read ‘‘(10% × $75x)’’.
■ 9. On the same page, in the same
column, in the twenty-sixth line, the
text entry that reads ‘‘($7.5×/$10x)’’
should read ‘‘($7.5x/$10x)’’.
■
26 CFR Part 1
[REG–104464–18]
RIN 1545–BO55
Deduction for Foreign-Derived
Intangible Income and Global
Intangible Low-Taxed Income
[FR Doc. C1–2019–03848 Filed 4–11–19; 8:45 am]
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Correction
BILLING CODE 1301–00–D
In proposed rule document 2019–
03848, appearing on pages 8188 through
8234, in the issue of Wednesday, March
6, 2019, make the following corrections:
1. On page 8201, in the second
column, in the forty-ninth line, the text
entry that reads ‘‘May 4, 2019’’ should
read ‘‘March 4, 2019’’.
■
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ML18262A185
https://www.govinfo.gov/content/pkg/FR-201611-21/pdf/2016-27944.pdf
ML16158A164
ML16235A182
https://www-pub.iaea.org/MTCD/publications/
PDF/Pub1570_web.pdf
https://www-pub.iaea.org/MTCD/Publications/
PDF/PUB1798_web.pdf
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R05–OAR–2018–0112; FRL–9992–19–
Region 5]
Air Plan Approval; Ohio; Removal of
Obsolete Infectious Waste Incinerator
Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve a
request submitted by the Ohio
Environmental Protection Agency (Ohio
EPA) on January 24, 2018, to revise the
Ohio State Implementation Plan (SIP)
under the Clean Air Act (CAA). Ohio
EPA is requesting to remove provisions
under Ohio Administrative Code (OAC)
Chapter 3745–75, that were approved
into the Ohio SIP as part of Ohio’s
Hospital/Medical/Infectious Waste
Incinerator (HMIWI) state plan under
sections 110(d) and 129 of the Clean Air
Act. In a separate action, EPA has
approved Ohio EPA’s request for
withdrawal of its HMIWI state plan that
allows the state rules to be superseded
by the Federal Plan under 40 CFR part
62, subpart HHH.
DATES: Comments must be received on
or before May 13, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R05–
OAR–2018–0112 at https://
www.regulations.gov, or via email to
blakley.pamela@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, EPA may publish any
comment received to its public docket.
Do not submit electronically any
SUMMARY:
E:\FR\FM\12APP1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Proposed Rules]
[Pages 14898-14901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07321]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
10 CFR Part 71
[NRC-2016-0179]
RIN 3150-AJ85
Harmonization of Transportation Safety Requirements With IAEA
Standards
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory basis; request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting
comments on a draft regulatory basis to support a proposed rule that
would harmonize the NRC's regulations with the safety requirements of
the International Atomic Energy Agency (IAEA) for the transport of
radioactive material and the regulations of the U.S. Department of
Transportation (DOT). In addition, the proposed rule would make
administrative, editorial, or clarification changes to the NRC's
regulations. The NRC plans to hold a public meeting to discuss the
draft regulatory basis and facilitate public participation.
DATES: Submit comments by May 28, 2019. Comments received after this
date will be considered if it is practical to do so; however, the NRC
is only able to ensure consideration of comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods:
[[Page 14899]]
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0179. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Email comments to: [email protected]. 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:
Latif Hamdan, telephone: 301-415-6639, email: [email protected]; or
Solomon Sahle, telephone: 301-415-3781, email: [email protected].
Both are staff of the Office of Nuclear Material Safety and Safeguards,
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-2016-0179 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0179.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly-available documents online in the
ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, 301-415-4737, or
by email to [email protected]. The draft regulatory basis document
is available in ADAMS under Accession No. ML18262A185.
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-2016-0179 in your comment submission.
If you cannot submit your comments on the Federal Rulemaking website,
www.regulations.gov, then contact one of the individuals listed in the
FOR FURTHER INFORMATION CONTACT section of this document.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. 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 to not
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 into ADAMS.
Please note that the NRC will not provide formal written responses
to each of the comments received on the draft regulatory basis.
However, the NRC will consider all comments received in the development
of the final regulatory basis.
II. Discussion
In SECY-16-0093, ``Rulemaking Plan for Revisions to Transportation
Safety Requirements and Harmonization with International Atomic Energy
Agency Transportation Requirements,'' dated July 28, 2016, the staff
requested Commission approval to initiate a rulemaking to harmonize
part 71 of title 10 of the Code of Federal Regulations (10 CFR),
``Packaging and Transportation of Radioactive Material,'' with the
IAEA's safety requirements and the DOT's regulations. The proposed rule
would revise 10 CFR part 71 to be in harmony with the IAEA's
requirements and compatible with the DOT's regulations. In addition,
the proposed rule would include staff-initiated administrative,
editorial, or clarification changes. The Commission approved the
staff's recommendation in the staff requirements memorandum (SRM)
associated with SECY-16-0093, dated August 19, 2016.
The NRC reviewed the updated IAEA requirements in Specific Safety
Requirements No. 6 (SSR-6), 2012 and 2018 editions, and initially
identified 14 regulatory issues to be analyzed during the rulemaking
process. These issues were documented in an issues paper that was
published in the Federal Register for public comment on November 21,
2016 (81 FR 83171). The NRC subsequently held a public meeting on
December 5-6, 2016, to discuss the issues with stakeholders. After the
public meeting, the NRC received 49 comment letters on the issues
paper.
The DOT participated in the public meeting held in December 2016 to
discuss the issues paper, and the staff has engaged with the DOT staff
in the current rulemaking to identify and evaluate gaps between 10 CFR
part 71 regulations and the updated IAEA requirements in SSR-6, 2012
and 2018 editions. The DOT also plans to undertake a similar action to
harmonize its regulations for the transportation of radioactive
material in 49 CFR parts 107 and 171 through 180 with SSR-6, 2012 and
2018 editions.
After the publication of the issues paper, the staff identified
several additional items that were grouped under a new issue,
designated as Issue 15. The draft regulatory basis documents the basis
for the NRC's recommendation to revise the existing regulations in 10
CFR part 71. The draft regulatory basis includes a main document and
two appendices. Appendix A provides a summary of cost estimates and
uncertainty analysis. Appendix B provides detailed assessments of the
regulatory issues identified and analyzed by the NRC and used to scope
and provide justification for the proposed revisions to 10 CFR part 71.
In the draft regulatory basis, the NRC describes its evaluation of
four alternative actions to achieve the objectives of the harmonization
initiative. These are: No-action option that would maintain the status
quo (Alternative 1); issue generic communications and regulatory
guidance (Alternative 2); issue license specific conditions and
exemptions (Alternative 3); and initiate a rulemaking to revise 10 CFR
part 71 (Alternative 4).
The NRC evaluated these alternatives in terms of their viability to
address the
[[Page 14900]]
regulatory issues of concern and their cost estimates and determined
that a combination of rulemaking (Alternative 4) and the no-action
alternative (Alternative 1) is the preferred approach. Specifically,
the NRC recommends no action for Issues 3 and 5 and rulemaking for the
remaining issues.
The recommended rulemaking action is consistent with the NRC's
response to previous revisions and updates of the international
requirements by the IAEA and would not impose broad programmatic
requirements on the NRC, nor would it have any significant negative
effects on the NRC's licensees or certificate holders. In addition, the
rulemaking action can be expected to reduce regulatory burden on
licensees by maintaining consistency between the NRC's and DOT's
regulations and aligning the U.S. domestic regulations with the IAEA's
requirements, thereby eliminating potential conflicts or duplication
across requirements.
III. Specific Request for Comment
The NRC is requesting public comment on the draft regulatory basis
and its supporting appendices. In preparing comments, consider the
following questions:
(1) Regulatory issues: The NRC has identified and analyzed 15
regulatory issues to be considered in a proposed rule. Do you have
comments on the regulatory issues or the scope of analysis performed by
the NRC? Are there any other issues or areas of concern that ought to
be considered in a proposed rule?
(2) Impacts: Does the draft regulatory basis, including supporting
documentation, address all potential impacts of a proposed rule? Are
there any additional regulatory or other impacts that should be
addressed before or during development of a proposed rule?
(3) Evaluation of options: The draft regulatory basis provides a
discussion of alternatives and options for harmonizing the regulations
in 10 CR part 71 with the IAEA regulations. Are there any additional
alternatives or options that the NRC should consider before development
of a proposed rule?
(4) Proposed revisions to the existing regulations: Do you have
comments on the proposed revisions to the existing regulations as
discussed in the draft regulatory basis?
(5) Other comments: Are there any other concerns that you think
should be addressed before or during development of a proposed rule?
IV. Cumulative Effects of Regulation
The cumulative effects of regulation (CER) describe the challenges
that licensees or other affected entities (such as Agreement State
regulatory partners) may face while implementing new regulatory
positions, programs, and requirements (e.g., rules, generic letters,
backfits, inspections). The CER is an organizational effectiveness
challenge that results from a licensee or affected entity implementing
a number of complex positions, programs, or requirements within a
limited implementation period and with available resources (which may
include limited available expertise to address specific issues). The
NRC has implemented CER enhancements to the rulemaking process to
facilitate public involvement throughout the rulemaking process.
Therefore, the NRC is specifically requesting comment on the cumulative
effects that may result from a proposed rule. In developing comments on
the draft regulatory basis, consider the following questions:
(1) In light of any current or projected CER challenges, what
should be a reasonable effective date, compliance date, or submittal
date(s) from the time the final rule is published to the actual
implementation of any new proposed requirements, including changes to
programs, procedures, or the facility?
(2) If current or projected CER challenges exist, what should be
done to address this situation (e.g., if more time is required to
implement the new requirements, what time period would be sufficient,
and why such a time frame is necessary)?
(3) Do other regulatory actions (e.g., orders, generic
communications, license amendment requests, and inspection findings of
a generic nature) by the NRC or other agencies influence the
implementation of the potential proposed requirements?
(4) Are there unintended consequences? Does a proposed rulemaking
action create conditions that would be contrary to the purpose and
objectives of the 10 CFR part 71 harmonization initiative? If so, what
are the consequences and how should they be addressed?
(5) Please consider providing information on the estimates of the
costs and benefits of a proposed rulemaking action, which can be used
to support any additional regulatory analysis by the NRC.
V. Public Meeting
The NRC will conduct a public meeting to describe the draft
regulatory basis and to give the public an opportunity to ask
questions.
The NRC will publish a notice of the location, time, and agenda for
the meeting on the NRC's public meeting website at least 10 calendar
days before the meeting. Stakeholders should monitor the NRC's public
meeting website for information about the public meeting at: https://www.nrc.gov/public-involve/public-meetings/index.cfm. The meeting
notice will also be added to the Federal Rulemaking website at https://www.regulations.gov under Docket ID NRC-2016-0179. See the
``Availability of Documents'' section of this document for instructions
on how to subscribe to receive email notifications when documents are
added to the docket folder on the Federal Rulemaking website.
VI. Availability of Documents
The NRC may post additional materials related to this rulemaking
activity to the Federal Rulemaking website at www.regulations.gov under
NRC-2016-0179. These documents will inform the public of the status of
this activity and/or provide additional material for use at future
public meetings.
The Federal Rulemaking website allows you to receive alerts when
changes or additions occur in a docket folder. To subscribe: (1)
Navigate to the docket folder (NRC-2016-0179); (2) click the ``Sign up
for Email Alerts'' link; and (3) enter your email address and select
how frequently you would like to receive emails (daily, weekly, or
monthly).
The documents identified in the following table are available to
interested persons through one or more of the methods listed in the
ADDRESSES section of this document.
[[Page 14901]]
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Document ADAMS Accession No./ web link
----------------------------------------------------------------------------------------------------------------
Draft Regulatory Basis--Harmonization of Transportation ML18262A185
Safety Requirements with IAEA Standards.
``Revisions to Transportation Safety Requirements and https://www.govinfo.gov/content/pkg/FR-2016-11-21/
Compatibility with International Atomic Energy Agency pdf/2016-27944.pdf
Transportation Standards,'' published November 21, 2016.
SECY-16-0093, ``Rulemaking Plan for Revisions to ML16158A164
Transportation Safety Requirements and Harmonization with
International Atomic Energy Agency Transportation
Requirements,'' dated July 28, 2016.
SRM-SECY-16-0093, ``Rulemaking Plan for Revisions to ML16235A182
Transportation Safety Requirements and Harmonization with
International Atomic Energy Agency Transportation
Requirements,'' dated August 19, 2016.
``Regulations for the Safe Transport of Radioactive https://www-pub.iaea.org/MTCD/publications/PDF/
Material, 2012 Edition,'' Specific Safety Requirements No. Pub1570_web.pdf
SSR-6 (draft Rev.1); published October 2012.
``Regulations for the Safe Transport of Radioactive https://www-pub.iaea.org/MTCD/Publications/PDF/
Material, 2018 Edition,'' Specific Safety Requirements No. PUB1798_web.pdf
SSR-6 (Rev. 1); published June 2018.
----------------------------------------------------------------------------------------------------------------
VII. 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.
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 in the Federal Register on June 10,
1998 (63 FR 31883). The NRC requests comment on this document with
respect to the clarity and effectiveness of the language used.
Dated at Rockville, Maryland, this 9th day of April, 2019.
For the Nuclear Regulatory Commission.
Theresa Clark,
Deputy Director, Division of Rulemaking, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2019-07321 Filed 4-11-19; 8:45 am]
BILLING CODE 7590-01-P
