Public Protective Actions During a General Emergency, 53690-53691 [2020-18746]
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53690
Proposed Rules
Federal Register
Vol. 85, No. 169
Monday, August 31, 2020
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
[Docket No. PRM–50–123; NRC–2020–0155]
Public Protective Actions During a
General Emergency
Nuclear Regulatory
Commission.
ACTION: Petition for rulemaking; notice
of docketing and request for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) has received a
petition for rulemaking from Thomas
McKenna, dated June 1, 2020. The
petitioner requests that the NRC revise
its regulations so that protective actions
implemented during a General
Emergency at a nuclear power plant will
most likely do more good than harm
when the possible physical health
effects of radiation exposure and
protective actions are taken into
consideration. The petition was
docketed by the NRC on June 24, 2020,
and has been assigned Docket No. PRM–
50–123. The NRC is examining the
issues raised in PRM–50–123 to
determine whether they should be
considered in rulemaking. The NRC is
requesting public comment on this
petition at this time.
DATES: Submit comments by November
16, 2020. Comments received after this
date will be considered if it is practical
to do so, but the NRC is able to assure
consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0155. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
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• 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.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
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:
Pamela Noto, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
6795; email: Pamela.Noto@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2020–
0155 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–2020–0155.
• 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@
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.
• Attention: The Public Document
Room (PDR), where you may examine
and order copies of public documents is
currently closed. You may submit your
request to the PDR via email at
pdr.resource@nrc.gov or call 1–800–
397–4209 between 8:00 a.m. and 4:00
p.m. (EST), Monday through Friday,
except Federal holidays.
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B. Submitting Comments
Please include Docket ID NRC–2020–
0155 in your comment submission.
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 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 into ADAMS.
II. The Petitioner
The petition for rulemaking (PRM)
was filed by Thomas McKenna, who
stated in his petition that he has worked
in emergency preparedness and
response at both the NRC and the
International Atomic Energy Agency
and is one of the authors of the NRC’s
1996 draft guidance on initial protective
actions in the event of a severe accident.
The draft guidance, NUREG–0654/
FEMA–REP–1, Rev. 1, Supp. 3, ‘‘Criteria
for Preparation and Evaluation of
Radiological Emergency Response Plans
and Preparedness in Support of Nuclear
Power Plants: Criteria for Protective
Action Recommendations for Severe
Accidents,’’ dated July 1996, may be
found in ADAMS at Accession No.
ML051120480.
III. The Petition
The petitioner requests that the NRC
amend part 50 of title 10 of the Code of
Federal Regulations (10 CFR) such that
public protective actions implemented
during a General Emergency at a nuclear
power plant will most likely do more
good than harm when the possible
physical health effects of radiation
exposure and protective actions are
taken into consideration. The petition
may be found in ADAMS at Accession
No. ML20176A313.
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Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Proposed Rules
IV. Discussion of the Petition
The petitioner asserts that protective
actions taken in accordance with NRC
guidance during a General Emergency
may cause 12 times more excess deaths
among the public and 15 times more
excess deaths among elderly residents of
care facilities than caused by radiation
exposure due to the General Emergency.
The petitioner states that an objective of
emergency response plans has been to
provide dose savings and that the NRC’s
requirements were not established on a
risk-informed basis that justifies
protective actions will do more good
than harm. The petitioner states that the
NRC requirements are based on analyses
that are 40 or more years old in some
cases and do not reflect the latest
studies of nuclear power plant
emergencies, which project much
smaller releases and thus result in
smaller radiation-induced health
consequences. The petitioner asks that
the NRC carefully reexamine the
agency’s regulations and implementing
guidance on protective actions during a
General Emergency.
V. Conclusion
The NRC has determined that the
petition meets the sufficiency
requirements for docketing a PRM under
10 CFR 2.803, ‘‘Petition for rulemaking–
NRC action.’’ The NRC will examine the
issues raised in PRM–50–123 and any
comments received in response to this
comment request to determine whether
these issues should be considered in
rulemaking.
Dated: August 21, 2020.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2020–18746 Filed 8–28–20; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE–2019–BT–CE–0015]
RIN 1904–AE34
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Enforcement for Consumer Products
and Commercial and Industrial
Equipment
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’ or the ‘‘Department’’)
proposes to revise its existing
enforcement regulations for certain
SUMMARY:
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consumer products and commercial and
industrial equipment covered under the
Energy Policy and Conservation Act of
1975, as amended (EPCA or the ‘‘Act’’).
The proposal, if adopted, would provide
the regulated industry with further
clarity and transparency about DOE’s
enforcement process, including
enforcement sampling procedures and
test notice requirements. The proposal
provides for a process to petition DOE
for reexamination of a pending
determination of noncompliance, and
for DOE to have the discretion to
consider third-party certification
program testing as official enforcement
test data. Ultimately, the proposal will
further align DOE’s regulations with its
statutory authority, foster
communication between DOE and the
regulated industry, and promote the
effective and systematic enforcement of
DOE’s regulations.
DATES: DOE will accept comments, data,
and information regarding this notice of
proposed rulemaking (NOPR) no later
than October 30, 2020. See section V,
‘‘Public Participation,’’ for details.
ADDRESSES: You may submit comments
using any of the below methods.
(1) Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
(2) Email: Enforcement2019CE0015@
ee.doe.gov. Include the docket number
and/or RIN in the subject line of the
message.
(3) Postal Mail: Office of the Assistant
General Counsel for Enforcement, U.S.
Department of Energy, Mailstop GC–32,
1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–5997. If possible,
please submit all items on a compact
disc (CD), in which case it is not
necessary to include printed copies.
(4) Hand Delivery/Courier: Office of
the Assistant General Counsel for
Enforcement, U.S. Department of
Energy, Mailstop GC–32, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 287–
5997. If possible, please submit all items
on a CD, in which case it is not
necessary to include printed copies.
Instructions: In any comment, include
the words ‘‘Enforcement NOPR’’ and
provide docket number EERE–2019–
BT–CE–0015 and/or regulatory
information number (RIN) number RIN
1904–AE34. For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section V of this document (Public
Participation).
Docket: The docket, which includes
Federal Register notices, public meeting
attendee lists and transcripts,
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53691
comments, and other supporting
documents/materials, is available for
review at https://www.regulations.gov.
All documents in the docket are listed
in the https://www.regulations.gov
index. However, some documents listed
in the index, such as those containing
information that is exempt from public
disclosure, may not be publicly
available.
The docket web page can be found at
https://www.regulations.gov/
docket?D=EERE-2019-BT-CE-0015. The
docket web page will contain simple
instructions on how to access all
documents, including public comments,
in the docket. See section V for
information on how to submit
comments through https://
www.regulations.gov.
Ms.
Smitha Vemuri, U.S. Department of
Energy, Office of the General Counsel,
GC–32, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–3421. Email:
smitha.vemuri@hq.doe.gov.
For further information on how to
submit a comment, review other public
comments and the docket, contact the
Appliance and Equipment Standards
Program staff at (202) 287–1445 or by
email: ApplianceStandardsQuestions@
ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Summary of the Proposal
III. Discussion of Revisions
A. Enforcement for Electric Motors and
Small Electric Motors
B. Prohibited Acts
C. Design Standards
D. DOE Investigation and Basis of
Noncompliance
E. Third-Party Certification Program
Testing
F. Test Notice
G. Basic Model Compliance
H. Notification of Obligations
I. Petitions for Reexamination
J. Notice of Allowance
K. Injunctions
L. Response to a Notice of Proposed Civil
Penalty in Writing
M. Settlement
N. Administrative Law Judge Hearing and
Appeal
O. Immediate Issuance of Order Assessing
Civil Penalty
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under Executive Order 13771
and 13777
C. Review Under the Regulatory Flexibility
Act
D. Review Under the Paperwork Reduction
Act of 1995
E. Review Under the National
Environmental Policy Act
E:\FR\FM\31AUP1.SGM
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Agencies
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Proposed Rules]
[Pages 53690-53691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18746]
========================================================================
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. 85, No. 169 / Monday, August 31, 2020 /
Proposed Rules
[[Page 53690]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 50
[Docket No. PRM-50-123; NRC-2020-0155]
Public Protective Actions During a General Emergency
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemaking; notice of docketing and request for
comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a
petition for rulemaking from Thomas McKenna, dated June 1, 2020. The
petitioner requests that the NRC revise its regulations so that
protective actions implemented during a General Emergency at a nuclear
power plant will most likely do more good than harm when the possible
physical health effects of radiation exposure and protective actions
are taken into consideration. The petition was docketed by the NRC on
June 24, 2020, and has been assigned Docket No. PRM-50-123. The NRC is
examining the issues raised in PRM-50-123 to determine whether they
should be considered in rulemaking. The NRC is requesting public
comment on this petition at this time.
DATES: Submit comments by November 16, 2020. Comments received after
this date will be considered if it is practical to do so, but the NRC
is able to assure consideration only for comments received on or before
this date.
ADDRESSES: You may submit comments by any of the following methods:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0155. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagh[email protected]. For technical questions contact
the individual 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.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
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: Pamela Noto, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-6795; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2020-0155 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-2020-0155.
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 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.
Attention: The Public Document Room (PDR), where you may
examine and order copies of public documents is currently closed. You
may submit your request to the PDR via email at [email protected] or
call 1-800-397-4209 between 8:00 a.m. and 4:00 p.m. (EST), Monday
through Friday, except Federal holidays.
B. Submitting Comments
Please include Docket ID NRC-2020-0155 in your comment submission.
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 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 into ADAMS.
II. The Petitioner
The petition for rulemaking (PRM) was filed by Thomas McKenna, who
stated in his petition that he has worked in emergency preparedness and
response at both the NRC and the International Atomic Energy Agency and
is one of the authors of the NRC's 1996 draft guidance on initial
protective actions in the event of a severe accident. The draft
guidance, NUREG-0654/FEMA-REP-1, Rev. 1, Supp. 3, ``Criteria for
Preparation and Evaluation of Radiological Emergency Response Plans and
Preparedness in Support of Nuclear Power Plants: Criteria for
Protective Action Recommendations for Severe Accidents,'' dated July
1996, may be found in ADAMS at Accession No. ML051120480.
III. The Petition
The petitioner requests that the NRC amend part 50 of title 10 of
the Code of Federal Regulations (10 CFR) such that public protective
actions implemented during a General Emergency at a nuclear power plant
will most likely do more good than harm when the possible physical
health effects of radiation exposure and protective actions are taken
into consideration. The petition may be found in ADAMS at Accession No.
ML20176A313.
[[Page 53691]]
IV. Discussion of the Petition
The petitioner asserts that protective actions taken in accordance
with NRC guidance during a General Emergency may cause 12 times more
excess deaths among the public and 15 times more excess deaths among
elderly residents of care facilities than caused by radiation exposure
due to the General Emergency. The petitioner states that an objective
of emergency response plans has been to provide dose savings and that
the NRC's requirements were not established on a risk-informed basis
that justifies protective actions will do more good than harm. The
petitioner states that the NRC requirements are based on analyses that
are 40 or more years old in some cases and do not reflect the latest
studies of nuclear power plant emergencies, which project much smaller
releases and thus result in smaller radiation-induced health
consequences. The petitioner asks that the NRC carefully reexamine the
agency's regulations and implementing guidance on protective actions
during a General Emergency.
V. Conclusion
The NRC has determined that the petition meets the sufficiency
requirements for docketing a PRM under 10 CFR 2.803, ``Petition for
rulemaking-NRC action.'' The NRC will examine the issues raised in PRM-
50-123 and any comments received in response to this comment request to
determine whether these issues should be considered in rulemaking.
Dated: August 21, 2020.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2020-18746 Filed 8-28-20; 8:45 am]
BILLING CODE 7590-01-P