Radioactive Source Security and Accountability, 22636-22637 [2024-06828]

Download as PDF 22636 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations comment rulemaking under 5 U.S.C. 553(b) or other law. Because this is a rule of internal agency organization and therefore is exempt from notice-andcomment rulemaking, no RFA analysis under 5 U.S.C. 603 or 604 is required. khammond on DSKJM1Z7X2PROD with RULES C. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. D. Executive Orders 12866 (Regulatory Planning and Review), 13563 (Improving Regulation and Regulatory Review), and 14094 (Modernizing Regulatory Review) This rule is limited to agency organization, management, or personnel matters and is therefore not subject to review by the Office of Management and Budget pursuant to section 3(d)(3) of Executive Order 12866, Regulatory Planning and Review. Nevertheless, the Department certifies that this regulation has been drafted in accordance with the principles of Executive Order 12866, section 1(b), Executive Order 13563, and Executive Order 14094. Executive Orders 12866, 13563, and 14094 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health, and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The benefits of this rule include providing the Department with an appropriate means of responding to the increased number of appeals to the Board. The public will benefit from the expansion of the number of Board members because such expansion will help EOIR adjudicate cases in a fair, efficient, and timely manner. Overall, the benefits provided by the Board’s expansion outweigh the costs of employing additional federal employees. E. Executive Order 13132—Federalism This rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. F. Executive Order 12988—Civil Justice Reform This rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. G. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, Public Law 104– 13, 44 U.S.C. chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this final rule because there are no new or revised recordkeeping or reporting requirements. H. Congressional Review Act This is not a major rule as defined by 5 U.S.C. 804(2). This action pertains to agency organization, management, and personnel and, accordingly, is not a ‘‘rule’’ as that term is used in 5 U.S.C. 804(3). Therefore, the reports to Congress and the Government Accountability Office specified by 5 U.S.C. 801 are not required. List of Subjects in 8 CFR Part 1003 Administrative practice and procedure, Aliens, Immigration, Legal services, Organization and functions (Government agencies). Accordingly, for the reasons stated in the preamble, part 1003 of title 8 of the Code of Federal Regulations is amended as follows: PART 1003—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW 1. The authority citation for part 1003 continues to read as follows: ■ Authority: 5 U.S.C. 301; 6 U.S.C. 521; 8 U.S.C. 1101, 1103, 1154, 1155, 1158, 1182, 1226, 1229, 1229a, 1229b, 1229c, 1231, 1254a, 1255, 1324d, 1330, 1361, 1362; 28 U.S.C. 509, 510, 1746; sec. 2 Reorg. Plan No. 2 of 1950; 3 CFR, 1949–1953 Comp., p. 1002; section 203 of Pub. L. 105–100, 111 Stat. 2196–200; sections 1506 and 1510 of Pub. L. 106–386, 114 Stat. 1527–29, 1531–32; section 1505 of Pub. L. 106–554, 114 Stat. 2763A– 326 to –328. 2. In § 1003.1: ■ a. Revise the third sentence of paragraph (a)(1) and the first and second sentences of paragraph (a)(4) to read as follows: ■ PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 § 1003.1 Organization, jurisdiction, and powers of the Board of Immigration Appeals. (a)(1) * * * The Board shall consist of 28 members. * * * * * * * * (a)(4) * * * Upon the recommendation of the Director, the Attorney General may in his discretion appoint immigration judges, retired Board members, retired immigration judges, and administrative law judges employed within, or retired from, EOIR to serve as temporary Board members for renewable terms not to exceed six months. In addition, upon the recommendation of the Director and with the approval of the Deputy Attorney General, the Attorney General may in his discretion appoint one or more senior EOIR attorneys with at least ten years of experience in the field of immigration law to serve as temporary Board members for renewable terms not to exceed six months. * * * * * Dated: March 27, 2024. Merrick B. Garland, Attorney General. [FR Doc. 2024–06929 Filed 4–1–24; 8:45 am] BILLING CODE 4410–30–P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 40, and 70 [NRC–2022–0103] RIN 3150–AK83 Radioactive Source Security and Accountability Nuclear Regulatory Commission. ACTION: Discontinuation of rulemaking activity. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing the rulemaking activity, ‘‘Radioactive Source Security and Accountability.’’ The purpose of this document is to inform members of the public that this rulemaking activity is being discontinued and to provide a brief discussion of the NRC’s decision to discontinue the rulemaking. The rulemaking activity will no longer be reported in the NRC’s portion of the Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda). SUMMARY: Effective April 2, 2024, the rulemaking activity discussed in this document is discontinued. DATES: E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations Please refer to Docket ID NRC–2022–0103 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–2022–0103. Address questions about NRC dockets to Helen Chang; telephone: 301–415–3228; email: Helen.Chang@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • 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, at 301–415–4737, or by email to PDR.Resource@nrc.gov. The ADAMS accession number for each document referenced (if that document is available in ADAMS) is provided the first time that it is referenced in the SUPPLEMENTARY INFORMATION section. • NRC’s PDR: The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1–800–397–4209 or 301–415– 4737, between 8 a.m. and 4 p.m. Eastern Time, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Andrew Carrera, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–1078; email: Andrew.Carrera@nrc.gov; or Anita Gray, Office of Nuclear Material Safety and Safeguards; telephone: 301–415–7036; email: Anita.Gray@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. ADDRESSES: khammond on DSKJM1Z7X2PROD with RULES SUPPLEMENTARY INFORMATION: I. Background In SECY–22–0112, ‘‘Proposed Rule: Radioactive Source Security and Accountability (3150–AK83; NRC– 2022–0103),’’ dated December 19, 2022 (ADAMS Accession No. ML22278A035), the NRC staff provided the Commission a proposed rule for approval. The proposed rule would have amended regulations in parts 30, 40, and 70 of title 10 of the Code of Federal VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 Regulations to further ensure validity of license applicants. The proposed rule also would have required licensees transferring category 3 quantities of radioactive material to verify licenses through the NRC License Verification System or by contacting the licenseissuing authority to confirm that the recipient licensee is authorized to receive the type, form, and quantity of radioactive material to be transferred. Additionally, the proposed rule would have required that generally licensed devices containing category 3 quantities of byproduct material could only be transferred to licensees possessing a specific NRC or Agreement State license. The proposed rule also would have updated the oral certification method and removed an obsolete method of obtaining other sources of information. II. Discussion III. Conclusion The NRC is discontinuing the Radioactive Source Security and Accountability rulemaking. In the next edition of the Unified Agenda, the NRC will update the entry for this rulemaking activity and reference this document to indicate that the rulemaking activity is no longer being pursued. This rulemaking activity will appear in the completed actions section of that edition of the Unified Agenda but will not appear in future editions. If the NRC decides to pursue similar or related rulemaking activities in the future, it will inform the public through new rulemaking entries in the Unified Agenda. Dated: March 27, 2024. PO 00000 Frm 00031 Fmt 4700 For the Nuclear Regulatory Commission. Carrie Safford, Secretary of the Commission. [FR Doc. 2024–06828 Filed 4–1–24; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2024–0158] Security Zone; Lower Mississippi River, Mile Marker 94 to 97 Above Head of Passes, New Orleans LA Coast Guard, Department of Homeland Security (DHS). ACTION: Notification of enforcement of regulation. AGENCY: The Coast Guard will enforce a security zone for all navigable waters within 400 yards of the Left Descending Bank (LDB) of the Lower Mississippi River (LMR) Mile Marker (MM) 94.4 to MM 95.1, Above Head of Passes (AHP), New Orleans, LA. This security zone is necessary to provide security and protection for visiting personnel during the events related to the French Quarter Festival. No person or vessel may enter this security zone unless authorized by the Captain of the Port New Orleans (COTP) or a designated representative. DATES: The regulations in 33 CFR 165.846 will be enforced from 10 a.m. on April 11, 2024, until 10 p.m. on April 14, 2024. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, call or email Lieutenant Commander William A. Stewart, Sector New Orleans, U.S. Coast Guard; telephone 504–365–2246, email William.A.Stewart@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a security zone in 33 CFR 165.846 for events related to French Quarter Festival from 10 a.m. on April 11, 2024 until 10 p.m. on April 14, 2024. This action is being taken to provide security and protection for visiting personnel during the events related to the French Quarter Festival. The security zone will cover all navigable waters within 400 yards of the Left Descending Bank on the Lower Mississippi River from MM 94.4 to MM 95.1 AHP, New Orleans, LA. No person or vessel may enter this security zone unless authorized by the Captain of the Port New Orleans (COTP) or a designated representative. A designated representative means any Coast Guard SUMMARY: In the staff requirements memorandum (SRM) for SECY–22– 0112, ‘‘Staff Requirements—SECY–22– 0112—Proposed Rule: Radioactive Source Security and Accountability (3150–AK83; NRC–2022–0103),’’ dated March 8, 2024, (ADAMS Accession No. ML24068A046), the Commission stated that it was ‘‘unable to reach a decision on the staff’s recommended proposed rule on radioactive source security and accountability that would amend regulations in title 10 of the Code of Federal Regulations to further ensure validity of license applicants. Therefore, the proposed rule is not approved.’’ As directed by the Commission in SRM– SECY–22–0112, the NRC will be exploring other rulemaking pathways to update the oral certification method and remove the obsolete method of obtaining other sources of information. Sfmt 4700 22637 E:\FR\FM\02APR1.SGM 02APR1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Rules and Regulations]
[Pages 22636-22637]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06828]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 30, 40, and 70

[NRC-2022-0103]
RIN 3150-AK83


Radioactive Source Security and Accountability

AGENCY: Nuclear Regulatory Commission.

ACTION: Discontinuation of rulemaking activity.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing 
the rulemaking activity, ``Radioactive Source Security and 
Accountability.'' The purpose of this document is to inform members of 
the public that this rulemaking activity is being discontinued and to 
provide a brief discussion of the NRC's decision to discontinue the 
rulemaking. The rulemaking activity will no longer be reported in the 
NRC's portion of the Unified Agenda of Regulatory and Deregulatory 
Actions (the Unified Agenda).

DATES: Effective April 2, 2024, the rulemaking activity discussed in 
this document is discontinued.

[[Page 22637]]


ADDRESSES: Please refer to Docket ID NRC-2022-0103 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-2022-0103. Address 
questions about NRC dockets to Helen Chang; telephone: 301-415-3228; 
email: [email protected]. For technical questions, contact the 
individuals listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     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, at 301-415-4737, 
or by email to [email protected]. The ADAMS accession number for 
each document referenced (if that document is available in ADAMS) is 
provided the first time that it is referenced in the SUPPLEMENTARY 
INFORMATION section.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. Eastern Time, Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Andrew Carrera, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-415-1078; email: 
[email protected]; or Anita Gray, Office of Nuclear Material 
Safety and Safeguards; telephone: 301-415-7036; email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Background

    In SECY-22-0112, ``Proposed Rule: Radioactive Source Security and 
Accountability (3150-AK83; NRC-2022-0103),'' dated December 19, 2022 
(ADAMS Accession No. ML22278A035), the NRC staff provided the 
Commission a proposed rule for approval. The proposed rule would have 
amended regulations in parts 30, 40, and 70 of title 10 of the Code of 
Federal Regulations to further ensure validity of license applicants. 
The proposed rule also would have required licensees transferring 
category 3 quantities of radioactive material to verify licenses 
through the NRC License Verification System or by contacting the 
license-issuing authority to confirm that the recipient licensee is 
authorized to receive the type, form, and quantity of radioactive 
material to be transferred. Additionally, the proposed rule would have 
required that generally licensed devices containing category 3 
quantities of byproduct material could only be transferred to licensees 
possessing a specific NRC or Agreement State license. The proposed rule 
also would have updated the oral certification method and removed an 
obsolete method of obtaining other sources of information.

II. Discussion

    In the staff requirements memorandum (SRM) for SECY-22-0112, 
``Staff Requirements--SECY-22-0112--Proposed Rule: Radioactive Source 
Security and Accountability (3150-AK83; NRC-2022-0103),'' dated March 
8, 2024, (ADAMS Accession No. ML24068A046), the Commission stated that 
it was ``unable to reach a decision on the staff's recommended proposed 
rule on radioactive source security and accountability that would amend 
regulations in title 10 of the Code of Federal Regulations to further 
ensure validity of license applicants. Therefore, the proposed rule is 
not approved.'' As directed by the Commission in SRM-SECY-22-0112, the 
NRC will be exploring other rulemaking pathways to update the oral 
certification method and remove the obsolete method of obtaining other 
sources of information.

III. Conclusion

    The NRC is discontinuing the Radioactive Source Security and 
Accountability rulemaking. In the next edition of the Unified Agenda, 
the NRC will update the entry for this rulemaking activity and 
reference this document to indicate that the rulemaking activity is no 
longer being pursued. This rulemaking activity will appear in the 
completed actions section of that edition of the Unified Agenda but 
will not appear in future editions. If the NRC decides to pursue 
similar or related rulemaking activities in the future, it will inform 
the public through new rulemaking entries in the Unified Agenda.

    Dated: March 27, 2024.

    For the Nuclear Regulatory Commission.
Carrie Safford,
Secretary of the Commission.
[FR Doc. 2024-06828 Filed 4-1-24; 8:45 am]
BILLING CODE 7590-01-P

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