Harmonization of Transportation Safety Requirements With IAEA Standards, 14898-14901 [2019-07321]

Download as PDF 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 Eligibility of any foreign country under this section may be withdrawn whenever the Administrator determines that the system of poultry inspection maintained by such foreign country does not assure compliance with requirements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 http://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’’. jbell on DSK30RV082PROD with PROPOSALS ■ ■ 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. VerDate Sep<11>2014 18:01 Apr 11, 2019 Jkt 247001 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 http:// 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 http:// 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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: E:\FR\FM\12APP1.SGM 12APP1 Federal Register / Vol. 84, No. 71 / Friday, April 12, 2019 / Proposed Rules • Federal Rulemaking Website: Go to http://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: jbell on DSK30RV082PROD with PROPOSALS 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 http://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 http://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@ VerDate Sep<11>2014 18:01 Apr 11, 2019 Jkt 247001 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 http:// 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- PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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 E:\FR\FM\12APP1.SGM 12APP1 14900 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. jbell on DSK30RV082PROD with PROPOSALS 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 VerDate Sep<11>2014 18:01 Apr 11, 2019 Jkt 247001 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 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 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: http://www.nrc.gov/publicinvolve/public-meetings/index.cfm. The meeting notice will also be added to the Federal Rulemaking website at http:// 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. E:\FR\FM\12APP1.SGM 12APP1 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] jbell on DSK30RV082PROD with PROPOSALS 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’’. ■ VerDate Sep<11>2014 18:01 Apr 11, 2019 Jkt 247001 PO 00000 14901 Frm 00011 Fmt 4702 Sfmt 4702 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 http:// 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 12APP1

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]


=======================================================================
-----------------------------------------------------------------------

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 http://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 http://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 http://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 http://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: http://www.nrc.gov/public-involve/public-meetings/index.cfm. The meeting 
notice will also be added to the Federal Rulemaking website at http://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]]



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