[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Proposed Rules]
[Pages 44865-44866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-18955]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 40

RIN 3150-AI50
[NRC-2009-0079 and NRC-2011-0080]


Domestic Licensing of Source Material--Amendments/Integrated 
Safety Analysis

AGENCY: Nuclear Regulatory Commission.

ACTION: Extension of public comment period and public meeting.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its Title 10 of the Code of Federal Regulations (10 CFR) Part 40 
regulations by adding additional requirements for source material 
licensees who possess significant quantities of uranium hexafluoride 
(UF6). The proposed rule and proposed guidance document were published 
in the Federal Register on May 17, 2011 (76 FR 28336), for public 
comment and an administrative correction to 76 FR 28336 was published 
in the Federal Register on June 1, 2011 (76 FR 31507). The Nuclear 
Energy Institute (NEI), in a letter dated June 21, 2011, requested the 
NRC to hold a public meeting on the proposed rule and draft guidance 
document and to extend the public comment period.
    Based on NEI's request, the NRC will conduct a public meeting on 
August 17, 2011, to seek public input on the proposed rule and its 
associated draft guidance document. In addition, the NRC is extending 
the public comment period for the proposed rule and associated draft 
guidance document from 75 days to 115 days to allow the public ample 
opportunity to submit written comments.

DATES: Submit comments specific to the proposed rule and draft guidance 
document by September 9, 2011. 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.
    The public meeting will be held on Wednesday, August 7, 2011, from 
9 a.m. to 12 p.m. (eastern daylight time).

ADDRESSES: Please include the applicable Docket ID in the subject line 
of your comments. Comments submitted in writing or in electronic form 
will be posted on the NRC Web site and on the Federal rulemaking Web 
site, http://www.regulations.gov. Because your comments will not be 
edited to remove any identifying or contact information, the NRC 
cautions you against including any information in your submission that 
you do not want to be publicly disclosed. The NRC requests that any 
party soliciting or aggregating comments received from other persons 
for submission to the NRC inform those persons that the NRC will not 
edit their comments to remove any identifying or contact information, 
and therefore, they should not include any information in their 
comments that they do not want publicly disclosed. You may submit 
comments on the proposed rule (Docket ID NRC-2009-0079) by any one of 
the following methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2009-0079 for the proposed rule. Address questions about NRC dockets to 
Carol Gallagher, telephone: 301-492-3668; e-mail: 
[email protected].
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, D.C. 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.
     E-mail comments to: [email protected]. If you do 
not receive a reply e-mail confirming that we have received your 
comments, contact us directly at 301-415-1677.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
MD 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. (Telephone 
301-415-1677)
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
    You may submit comments on the proposed draft guidance document 
(Docket ID NRC-2011-0080) by any one of the following methods:

[[Page 44866]]

     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for documents filed under Docket ID NRC-
2011-0080. Address questions about NRC dockets to Carol Gallagher, 
telephone: 301-492-3668; e-mail: [email protected].
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Fax comments to: RADB at 301-492-3446.
    You can access publicly available documents related to the proposed 
rule and draft guidance document using the following methods:
     NRC's Public Document Room (PDR): The public may examine 
and have copied, for a fee, publicly available documents at the NRC's 
PDR, Room O-1 F21, One White Flint North, 11555 Rockville Pike, 
Rockville, Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, 
which provides text and image files of NRC's public documents. If you 
do not have access to ADAMS or if there are problems in accessing the 
documents located in ADAMS, contact the NRC's PDR reference staff at 1-
800-397-4209, or 301-415-4737, or by e-mail to [email protected]. 
The proposed rule and draft guidance document are available 
electronically under ADAMS Accession Numbers ML110890797 and 
ML102520022, respectively.
     Federal Rulemaking Web Site: Public comments and 
supporting materials related to this proposed guidance document can be 
found at http://www.regulations.gov by searching on Docket ID NRC-2009-
0080 for the proposed guidance document.

FOR FURTHER INFORMATION CONTACT: Edward M. Lohr, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
0253, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The NRC is proposing to amend its regulations by adding additional 
requirements for source material licensees who possess significant 
quantities of UF6. The proposed amendments would require such licensees 
to conduct integrated safety analyses (ISAs) similar to the ISAs 
performed by 10 CFR Part 70 licensees; set possession limits for UF6 
for determining licensing authority (NRC or Agreement States); add 
defined terms; add an additional evaluation criterion for applicants 
who submit an evaluation in lieu of an emergency plan; require the NRC 
to perform a backfit analysis under specified circumstances; and make 
administrative changes to the structure of 10 CFR Part 40. The proposed 
rule was published in the FR on May 17, 2011 (76 FR 28336) for a 75 day 
public comment period ending on August 1, 2011. An administrative 
correction to 76 FR 28336 was published in the FR on June 1, 2011 (76 
FR 31507).
    In a letter dated June 21, 2011, the NEI requested the NRC to hold 
a public meeting on the proposed rule and draft guidance document and 
to extend the public comment period. Based on NEI's request, the NRC 
plans to hold a public meeting on August 17, 2011, to seek public 
comments on the proposed rule and its associated draft guidance 
document. In addition, the NRC is extending the public comment period 
for the proposed rule from 75 days to 115 days. The public comment 
period on the proposed rule and the proposed guidance document will now 
end on September 9, 2011.

Public Meeting

    The NRC plans to conduct a transcribed public meeting on August 17, 
2011, to seek public input on the proposed rule and its associated 
draft guidance document. The public meeting will be held from 9 a.m. to 
12 p.m. (eastern daylight time) at the Executive Boulevard Building, 
Room EBB-1-B13/15, 6003 Executive Boulevard, Rockville, Maryland 20852. 
The meeting will provide an opportunity for stakeholders to express 
their comments on the proposed rule and draft guidance document. The 
meeting agenda can be viewed and downloaded electronically from the 
NRC's Public Meeting Web site, http://www.nrc.gov/public-involve/public-meetings/index.cfm.
    The NRC will review the meeting transcript and will consider any 
comments received during the public meeting on the proposed rule and 
draft guidance document. The NRC will summarize all comments by topic, 
including comments received during the public meeting, and will address 
the comments in the Statements of Consideration for the final rule.
    Attendees are requested to notify Mr. Edward Lohr at (301) 415-0253 
or e-mail [email protected] of their planned attendance and if 
special services are necessary, such as for the hearing impaired.

    Dated at Rockville, Maryland, this 19th day of July 2011.

    For the Nuclear Regulatory Commission.
Josephine M. Piccone,
Director, Division of Intergovernmental Liaison and Rulemaking, Office 
of Federal and State Materials and Environmental Management Programs.
[FR Doc. 2011-18955 Filed 7-26-11; 8:45 am]
BILLING CODE 7590-01-P