Advance Tribal Notification of Certain Radioactive Material Shipments, 18477-18478 [2021-07281]
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18477
Proposed Rules
Federal Register
Vol. 86, No. 67
Friday, April 9, 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 Part 37
[Docket No. PRM–37–2; NRC–2021–0051]
Advance Tribal Notification of Certain
Radioactive Material Shipments
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 Richard
Arnold and Ron Johnson on behalf of
the Tribal Radioactive Materials
Transportation Committee, dated
December 4, 2020, requesting that the
NRC revise its regulations to ensure
consistency regarding advance Tribal
notification of certain radioactive
material shipments with similar
regulations for State notification. The
petition was docketed by the NRC on
February 11, 2021, and has been
assigned Docket No. PRM–37–2. The
NRC is examining the issues raised in
PRM–37–2 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 June 23,
2021. 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;
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–2021–0051. Address
questions about NRC Docket IDs to
Dawn Forder; telephone: 301–415–3407;
email: Dawn.Forder@nrc.gov. For
technical questions contact the
individuals listed in the FOR FURTHER
SUMMARY:
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17:14 Apr 08, 2021
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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.
• 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:
David Drucker, telephone: 301–415–
6223, email: David.Drucker@nrc.gov,
and Anita Gray, telephone: 301–415–
7036, email: Anita.Gray@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:
INFORMATION CONTACT
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2021–
0051 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–2021–0051.
• 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
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 PDR, where you may
examine and order copies of public
documents, is currently closed. You
may submit your request to the PDR via
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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.
B. Submitting Comments
The NRC encourages electronic
comment submission through the
Federal Rulemaking website (https://
www.regulations.gov). Please include
Docket ID NRC–2021–0051 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 and the Petition
The petition for rulemaking (PRM)
was filed by Richard Arnold and Ron
Johnson on behalf of the Tribal
Radioactive Materials Transportation
Committee (TRMTC). The PRM requests
that the NRC revise its regulations at
part 37 of title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Physical
protection of category 1 and category 2
quantities of radioactive material,’’ to
ensure consistency with 10 CFR part 71,
‘‘Packaging and transportation of
radioactive material,’’ and 10 CFR part
73, ‘‘Physical protection of plants and
materials,’’ regarding advance Tribal
notification of certain radioactive
material shipments. The petition may be
found in ADAMS at Accession
ML21042B011.
III. Discussion of the Petition
The letter from the petitioner states,
‘‘TRMTC believes consistent
notification standards must be applied
to states and tribal governments. . .’’.
E:\FR\FM\09APP1.SGM
09APP1
18478
Federal Register / Vol. 86, No. 67 / Friday, April 9, 2021 / Proposed Rules
This letter identifies a discrepancy
between 10 CFR part 37 and 10 CFR
parts 71 and 73 regarding advance
notification of Tribal Governments for
certain radioactive material shipments.
The NRC regulations in § 71.79,
‘‘Advance notification of shipment of
irradiated reactor fuel and nuclear
waste,’’ require licensees provide
advance notification to the NRC, States,
and participating Tribes for irradiated
fuel and for the shipment of licensed
material, other than irradiated fuel,
meeting the certain conditions. The
NRC regulations in § 73.37,
‘‘Requirements for physical protection
of irradiated reactor fuel in transit,’’
require licensees provide advance
notification to the NRC, States and
participating Tribes for spent nuclear
fuel. While § 37.77 requires licensees
provide advance notice to the NRC and
States for the shipment of licensed
material in a category 1 quality, there is
no requirement for licensees to provide
advance notification to Tribes for such
shipments.
IV. Conclusion
The NRC has determined that the
petition meets the sufficiency
requirements for docketing a PRM under
§ 2.803, ‘‘Petition for rulemaking-NRC
action.’’ The NRC will examine the
issues raised in PRM–37–2 and any
comments received in response to this
comment request to determine whether
these issues should be considered in
rulemaking.
Dated: April 5, 2021.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2021–07281 Filed 4–8–21; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2019–BT–STD–0036]
RIN 1904–AE82
Energy Conservation Program: Energy
Conservation Standards for Consumer
Products; Early Assessment Review;
Boilers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Extension of public comment
period.
AGENCY:
On March 25, 2021, the U.S.
Department of Energy (DOE or the
Department) published in the Federal
SUMMARY:
VerDate Sep<11>2014
17:47 Apr 08, 2021
Jkt 253001
Register an early assessment request for
information (RFI) pertaining to the
potential amendment of energy
conservation standards for consumer
boilers. The early assessment RFI
provided an opportunity for submission
of written comments, data, and
information to the Department by April
26, 2021. Prior to the end of the
comment period for the RFI, DOE
received requests from the AirConditioning, Heating and Refrigeration
Institute (AHRI), as well as from the
American Public Gas Association
(APGA), seeking additional time to
consider the issues raised in the early
assessment RFI. In light of these
requests, DOE is announcing its
decision to extend the comment period
on the subject RFI for an additional 30
days.
DATES: The comment period for the
consumer boilers early assessment RFI
published in the Federal Register on
March 25, 2021 (86 FR 15804) is
extended to May 26, 2021. Written
comments, data, and information are
requested and will be accepted on or
before May 26, 2021.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments by email to the
following address: Email:
ConsumerBoilers2019STD0036@
ee.doe.gov. Include ‘‘Consumer Boilers
RFI’’ and docket number EERE–2019–
BT–STD–0036 and/or RIN 1904–AE82
in the subject line of the message.
Submit electronic comments in
WordPerfect, Microsoft Word, PDF, or
ASCII file format, and avoid the use of
special characters or any form of
encryption. No telefacsimiles (faxes)
will be accepted.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, the
Department has found it necessary to
make temporary modifications to the
comment submission process in light of
the ongoing Covid–19 pandemic. DOE is
currently accepting only electronic
submissions at this time. If a commenter
finds that this change poses an undue
hardship, please contact Appliance
Standards Program staff at (202) 586–
1445 to discuss the need for alternative
arrangements. Once the Covid–19
pandemic health emergency is resolved,
DOE anticipates resuming all of its
regular options for public comment
submission, including postal mail and
hand delivery/courier.
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
Docket: The docket for this activity,
which includes Federal Register
notices, 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/
#!docketDetail;D=EERE-2019-BT-STD0036. The docket web page contains
instructions on how to access all
documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Ms.
Catherine Rivest, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW, Washington,
DC 20585–0121. Telephone: (202) 586–
7335. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–5827. Email:
Eric.Stas@hq.doe.gov.
For further information on how to
submit a comment or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email: ApplianceStandards
Questions@ee.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
published an early assessment RFI
pertaining to energy conservation
standards for consumer boilers in the
Federal Register on March 25, 2021. 86
FR 15804. The early assessment RFI
initiated a data collection process and
seeks input from the public to assist
DOE in evaluating whether amended
energy conservation standards for
consumer boilers would result in
significant savings of energy, be
technologically feasible, and be
economically justified. In that early
assessment RFI, DOE requested
submission of written comment, data,
and information pertaining to that
subject by April 26, 2021.
On March 31, 2021, AHRI, an
interested party in the matter, submitted
a request 1 for a 30-day extension of the
public comment period for the early
assessment RFI for consumer boilers
that DOE previously published in the
1 Available at https://www.regulations.gov/
comment/EERE-2019-BT-STD-0036-0002.
E:\FR\FM\09APP1.SGM
09APP1
Agencies
[Federal Register Volume 86, Number 67 (Friday, April 9, 2021)]
[Proposed Rules]
[Pages 18477-18478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07281]
========================================================================
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. 67 / Friday, April 9, 2021 / Proposed
Rules
[[Page 18477]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 37
[Docket No. PRM-37-2; NRC-2021-0051]
Advance Tribal Notification of Certain Radioactive Material
Shipments
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 Richard Arnold and Ron Johnson on behalf
of the Tribal Radioactive Materials Transportation Committee, dated
December 4, 2020, requesting that the NRC revise its regulations to
ensure consistency regarding advance Tribal notification of certain
radioactive material shipments with similar regulations for State
notification. The petition was docketed by the NRC on February 11,
2021, and has been assigned Docket No. PRM-37-2. The NRC is examining
the issues raised in PRM-37-2 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 June 23, 2021. 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;
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-2021-0051. Address
questions about NRC Docket IDs to Dawn Forder; telephone: 301-415-3407;
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.
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: David Drucker, telephone: 301-415-
6223, email: [email protected], and Anita Gray, telephone: 301-415-
7036, 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-2021-0051 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-2021-0051.
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 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-2021-0051 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 and the Petition
The petition for rulemaking (PRM) was filed by Richard Arnold and
Ron Johnson on behalf of the Tribal Radioactive Materials
Transportation Committee (TRMTC). The PRM requests that the NRC revise
its regulations at part 37 of title 10 of the Code of Federal
Regulations (10 CFR), ``Physical protection of category 1 and category
2 quantities of radioactive material,'' to ensure consistency with 10
CFR part 71, ``Packaging and transportation of radioactive material,''
and 10 CFR part 73, ``Physical protection of plants and materials,''
regarding advance Tribal notification of certain radioactive material
shipments. The petition may be found in ADAMS at Accession ML21042B011.
III. Discussion of the Petition
The letter from the petitioner states, ``TRMTC believes consistent
notification standards must be applied to states and tribal
governments. . .''.
[[Page 18478]]
This letter identifies a discrepancy between 10 CFR part 37 and 10 CFR
parts 71 and 73 regarding advance notification of Tribal Governments
for certain radioactive material shipments. The NRC regulations in
Sec. 71.79, ``Advance notification of shipment of irradiated reactor
fuel and nuclear waste,'' require licensees provide advance
notification to the NRC, States, and participating Tribes for
irradiated fuel and for the shipment of licensed material, other than
irradiated fuel, meeting the certain conditions. The NRC regulations in
Sec. 73.37, ``Requirements for physical protection of irradiated
reactor fuel in transit,'' require licensees provide advance
notification to the NRC, States and participating Tribes for spent
nuclear fuel. While Sec. 37.77 requires licensees provide advance
notice to the NRC and States for the shipment of licensed material in a
category 1 quality, there is no requirement for licensees to provide
advance notification to Tribes for such shipments.
IV. Conclusion
The NRC has determined that the petition meets the sufficiency
requirements for docketing a PRM under Sec. 2.803, ``Petition for
rulemaking-NRC action.'' The NRC will examine the issues raised in PRM-
37-2 and any comments received in response to this comment request to
determine whether these issues should be considered in rulemaking.
Dated: April 5, 2021.
For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2021-07281 Filed 4-8-21; 8:45 am]
BILLING CODE 7590-01-P