Items Containing Byproduct Material Incidental to Production, 7819-7820 [2021-02158]
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7819
Proposed Rules
Federal Register
Vol. 86, No. 20
Tuesday, February 2, 2021
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 Parts 30 and 32
[Docket No. NRC–2015–0017]
RIN 3150–AJ54
Items Containing Byproduct Material
Incidental to Production
Nuclear Regulatory
Commission.
ACTION: Regulatory basis; request for
comment.
AGENCY:
jbell on DSKJLSW7X2PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
The U.S. Nuclear Regulatory
Commission (NRC) is requesting
comment on a regulatory basis to
support developing a rulemaking that
would amend its regulations by adding
a new class exemption from licensing
and associated distribution
requirements. This new class exemption
would create a path for licensing current
and future products that contain
byproduct material incidental to their
production. The rulemaking would
resolve a petition for rulemaking (PRM),
PRM–30–65, submitted by GE
Osmonics, Inc. on April 18, 2011,
requesting changes to the regulations to
allow commercial distribution and
redistribution of polycarbonate track
etched membranes.
DATES: Submit comments by April 5,
2021. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to ensure
consideration only for comments
received before this date.
ADDRESSES: You may submit comments
by any of the following methods;
however, the NRC encourages electronic
comment submission through the
Federal Rulemaking Website:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2015–0017. Address
questions about NRC dockets to Dawn
Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
SUMMARY:
VerDate Sep<11>2014
16:27 Feb 01, 2021
Jkt 253001
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.
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:
Alexa Sieracki, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–7509; email: Alexa.Sieracki@
nrc.gov.
INFORMATION CONTACT
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2015–
0017 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–2015–0017.
• 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. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ 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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Fmt 4702
Sfmt 4702
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking Website (https://
www.regulations.gov). Please include
Docket ID NRC–2015–0017 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. Discussion
To facilitate early stakeholder
engagement on the rulemaking process,
the NRC is requesting comment on a
regulatory basis to support a rulemaking
that would amend (1) part 30 of title 10
of the Code of Federal Regulations (10
CFR), ‘‘Rules of General Applicability to
Domestic Licensing of Byproduct
Material,’’ by adding a new class
exemption from licensing requirements
for items containing byproduct material
incidental to their production, and (2)
10 CFR part 32, ‘‘Specific Domestic
Licenses to Manufacture or Transfer
Certain Items Containing Byproduct
Material,’’ licensing requirements for
distribution of those items.
The regulatory basis is developed as
a precursor to a proposed rule and
describes the NRC’s preferred approach
for resolving PRM–30–65. The
rulemaking would close the regulatory
gap for these irradiated products, create
appropriate criteria for evaluating
public health and safety impacts of
these products, reduce burden on
existing licensees, and provide
consistency for regulating products
within this class.
E:\FR\FM\02FEP1.SGM
02FEP1
7820
Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Proposed Rules
The NRC will consider any comments
received on the regulatory basis in the
development of the proposed and final
rule and will provide responses to
comments on the regulatory basis in the
associated Federal Register notification
publishing the proposed rule for public
comment.
III. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
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 June 10, 1998 (63 FR 31883).
The NRC requests comment on this
document with respect to the clarity and
effectiveness of the language used.
IV. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS accession No./web link/
Federal Register citation
Document
Regulatory Basis for Items Containing Byproduct Material Incidental to Production, January
13, 2021.
Petition for Rulemaking Submitted by Annette User on Behalf of GE Osmonics (Consideration in the Rulemaking Process), September 14, 2012.
GE Osmonics, Inc., Polymer Track Etch Membrane 10 CFR 32.14—Manufacturer and Distribution Product Safety Information, March 20, 2012.
GE Osmonics, Inc., Environmental Report—Polymer Track Etch Membrane—10 CFR 30.15,
March 20, 2012.
NRC Consumer Product Policy Statement, January 16, 2014 ..................................................
Petition for Rulemaking Submitted by Annette User on Behalf of GE Osmonics, April 18,
2011.
SECY–87–186A, Distribution of Radioactive Gems Irradiated in Reactors to Unlicensed Persons (Follow-up to SECY–87–186), October 5, 1987.
Petition for Rulemaking Submitted by Annette User on Behalf of GE Osmonics (Receipt and
Request for Comment), June 22, 2011.
Comment (1) of Benjamin Kerensa Opposing Petition for Rulemaking (PRM–30–65) Regarding the NRC Amend Its Regulations Regarding the Commercial Distribution of Byproduct
Material, June 24, 2011.
Agreement State Program Policy Statement; Correction, October 18, 2017 ............................
Management Directive 5.3, Agreement State Participation in NRC Working Groups, June 22,
2016.
NUREG–1556, Volume 8, Revision 1, Consolidated Guidance about Materials Licenses:
Program-Specific Guidance About Exempt Distribution Licenses, June 2018.
Strategic Plan: Fiscal Years 2018–2022, NUREG–1614, Volume 7, February 2018 ...............
International Atomic Energy Agency, OECD Nuclear Energy Agency, Radiation Safety for
Consumer Products, IAEA Safety Standards Series No. SSG–36, January 2016.
International Atomic Energy Agency, IAEA Safety Standards Series, Radiation Protection
and Safety of Radiation Sources: International Basic Safety Standards—General Safety
Requirements Part 3 No. GSR Part 3, July 2014.
jbell on DSKJLSW7X2PROD with PROPOSALS
The NRC may post documents related
to this rulemaking activity to the
Federal rulemaking website at https://
www.regulations.gov under Docket ID
NRC–2015–0017.
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–2015–0017); (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).
Dated January 15, 2021.
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Rulemaking,
Environmental, and Financial Support, Office
of Nuclear Material Safety and Safeguards.
[FR Doc. 2021–02158 Filed 2–1–21; 8:45 am]
BILLING CODE 7590–01–P
VerDate Sep<11>2014
16:27 Feb 01, 2021
Jkt 253001
ML20339A400.
77 FR 56793.
ML120800277.
ML120800264.
79 FR 2907.
ML120250133.
ML092400170.
76 FR 36386.
ML11178A021.
82 FR 48535.
ML18073A142.
ML18158A165.
ML18032A561.
https://www.iaea.org/publications/10716/radiationsafety-for-consumer-products.
https://www.iaea.org/publications/8930/radiationprotection-and-safety-of-radiation-sources-international-basic-safety-standards.
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 50
[NRC–2017–0025]
RIN 3150–AJ94
Approval of American Society of
Mechanical Engineers’ Code Cases
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its regulations to incorporate by
reference proposed revisions of three
regulatory guides, which would approve
new, revised, and reaffirmed Code Cases
published by the American Society of
Mechanical Engineers. The NRC is also
incorporating by reference one NRC
NUREG associated with a proposed
condition on one of the regulatory
guides. This proposed action would
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
allow nuclear power plant licensees,
and applicants for construction permits,
operating licenses, combined licenses,
standard design certifications, standard
design approvals and manufacturing
licenses, to use the Code Cases listed in
these draft regulatory guides as
voluntary alternatives to engineering
standards for the construction, inservice
inspection, and inservice testing of
nuclear power plant components. The
NRC is requesting comments on this
proposed rule and on the draft versions
of the three regulatory guides proposed
to be incorporated by reference. The
NRC is also making available a related
draft regulatory guide that lists Code
Cases that the NRC has not approved for
use. This draft regulatory guide will not
be incorporated by reference into the
NRC’s regulations.
Submit comments on the
proposed rule, documents to be
incorporated by reference, and related
guidance by April 5, 2021. Submit
comments specific to the information
DATES:
E:\FR\FM\02FEP1.SGM
02FEP1
Agencies
[Federal Register Volume 86, Number 20 (Tuesday, February 2, 2021)]
[Proposed Rules]
[Pages 7819-7820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02158]
========================================================================
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. 86, No. 20 / Tuesday, February 2, 2021 /
Proposed Rules
[[Page 7819]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 30 and 32
[Docket No. NRC-2015-0017]
RIN 3150-AJ54
Items Containing Byproduct Material Incidental to Production
AGENCY: Nuclear Regulatory Commission.
ACTION: Regulatory basis; request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting
comment on a regulatory basis to support developing a rulemaking that
would amend its regulations by adding a new class exemption from
licensing and associated distribution requirements. This new class
exemption would create a path for licensing current and future products
that contain byproduct material incidental to their production. The
rulemaking would resolve a petition for rulemaking (PRM), PRM-30-65,
submitted by GE Osmonics, Inc. on April 18, 2011, requesting changes to
the regulations to allow commercial distribution and redistribution of
polycarbonate track etched membranes.
DATES: Submit comments by April 5, 2021. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received before this
date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the
Federal Rulemaking Website:
Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0017. Address
questions about NRC dockets to Dawn Forder; telephone: 301-415-3407;
email: [email protected]. For technical questions, contact the
individual(s) 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.
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: Alexa Sieracki, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-415-7509; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2015-0017 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-2015-0017.
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]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' 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
The NRC encourages electronic comment submission through the
Federal Rulemaking Website (https://www.regulations.gov). Please
include Docket ID NRC-2015-0017 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. Discussion
To facilitate early stakeholder engagement on the rulemaking
process, the NRC is requesting comment on a regulatory basis to support
a rulemaking that would amend (1) part 30 of title 10 of the Code of
Federal Regulations (10 CFR), ``Rules of General Applicability to
Domestic Licensing of Byproduct Material,'' by adding a new class
exemption from licensing requirements for items containing byproduct
material incidental to their production, and (2) 10 CFR part 32,
``Specific Domestic Licenses to Manufacture or Transfer Certain Items
Containing Byproduct Material,'' licensing requirements for
distribution of those items.
The regulatory basis is developed as a precursor to a proposed rule
and describes the NRC's preferred approach for resolving PRM-30-65. The
rulemaking would close the regulatory gap for these irradiated
products, create appropriate criteria for evaluating public health and
safety impacts of these products, reduce burden on existing licensees,
and provide consistency for regulating products within this class.
[[Page 7820]]
The NRC will consider any comments received on the regulatory basis
in the development of the proposed and final rule and will provide
responses to comments on the regulatory basis in the associated Federal
Register notification publishing the proposed rule for public comment.
III. Plain Writing
The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal
agencies to write documents in a clear, concise, and 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 June 10, 1998 (63 FR
31883). The NRC requests comment on this document with respect to the
clarity and effectiveness of the language used.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS accession No./web
Document link/ Federal Register
citation
------------------------------------------------------------------------
Regulatory Basis for Items Containing ML20339A400.
Byproduct Material Incidental to
Production, January 13, 2021.
Petition for Rulemaking Submitted by Annette 77 FR 56793.
User on Behalf of GE Osmonics
(Consideration in the Rulemaking Process),
September 14, 2012.
GE Osmonics, Inc., Polymer Track Etch ML120800277.
Membrane 10 CFR 32.14--Manufacturer and
Distribution Product Safety Information,
March 20, 2012.
GE Osmonics, Inc., Environmental Report-- ML120800264.
Polymer Track Etch Membrane--10 CFR 30.15,
March 20, 2012.
NRC Consumer Product Policy Statement, 79 FR 2907.
January 16, 2014.
Petition for Rulemaking Submitted by Annette ML120250133.
User on Behalf of GE Osmonics, April 18,
2011.
SECY-87-186A, Distribution of Radioactive ML092400170.
Gems Irradiated in Reactors to Unlicensed
Persons (Follow-up to SECY-87-186), October
5, 1987.
Petition for Rulemaking Submitted by Annette 76 FR 36386.
User on Behalf of GE Osmonics (Receipt and
Request for Comment), June 22, 2011.
Comment (1) of Benjamin Kerensa Opposing ML11178A021.
Petition for Rulemaking (PRM-30-65)
Regarding the NRC Amend Its Regulations
Regarding the Commercial Distribution of
Byproduct Material, June 24, 2011.
Agreement State Program Policy Statement; 82 FR 48535.
Correction, October 18, 2017.
Management Directive 5.3, Agreement State ML18073A142.
Participation in NRC Working Groups, June
22, 2016.
NUREG-1556, Volume 8, Revision 1, ML18158A165.
Consolidated Guidance about Materials
Licenses: Program-Specific Guidance About
Exempt Distribution Licenses, June 2018.
Strategic Plan: Fiscal Years 2018-2022, ML18032A561.
NUREG-1614, Volume 7, February 2018.
International Atomic Energy Agency, OECD https://www.iaea.org/
Nuclear Energy Agency, Radiation Safety for publications/10716/
Consumer Products, IAEA Safety Standards radiation-safety-for-
Series No. SSG-36, January 2016. consumer-products.
International Atomic Energy Agency, IAEA https://www.iaea.org/
Safety Standards Series, Radiation publications/8930/
Protection and Safety of Radiation Sources: radiation-protection-and-
International Basic Safety Standards-- safety-of-radiation-
General Safety Requirements Part 3 No. GSR sources-international-
Part 3, July 2014. basic-safety-standards.
------------------------------------------------------------------------
The NRC may post documents related to this rulemaking activity to
the Federal rulemaking website at https://www.regulations.gov under
Docket ID NRC-2015-0017.
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-2015-0017); (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).
Dated January 15, 2021.
For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Rulemaking, Environmental, and Financial Support,
Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2021-02158 Filed 2-1-21; 8:45 am]
BILLING CODE 7590-01-P