1 May 2009
[Federal Register: May 1, 2009 (Volume 74, Number 83)]
[Proposed Rules]
[Page 20235-20236]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01my09-9]
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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.
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[[Page 20235]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 37
RIN 3150-AI12
[NRC-2008-0120]
Physical Protection of Byproduct Material
AGENCY: Nuclear Regulatory Commission.
ACTION: Availability of preliminary draft rule language.
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SUMMARY: The Nuclear Regulatory Commission (NRC) is making available
preliminary draft proposed rule language to amend its regulations to
add a new part 37 to Title 10 of the Code of Federal Regulations. This
new part 37 will contain the security (physical protection)
requirements that are designed to provide reasonable assurance of
preventing the theft, sabotage, or diversion of category 1 and category
2 quantities of radioactive material as designated by the International
Atomic Energy Agency (IAEA). The new provisions will address background
investigations, access control, physical security during use and
storage, and physical security during any transport of category 1 and
category 2 quantities of radioactive material. At this time the staff
is only posting the preliminary draft language on the proposed
requirements for physical security during use and storage. These
requirements will be contained in subpart C of the new part 37. The
draft preliminary language for the transportation security was noticed
in November 2008 (73 FR 69590; November 19, 2008). Draft preliminary
language for background investigations and access control programs was
noticed on April 20, 2009 (74 FR 17794). The availability of the
preliminary draft rule language is intended to inform stakeholders of
the current status of the NRC's activities and solicit public comments
on the information being provided at this time. Comments may be
provided as indicated under the ADDRESSES heading. The NRC may post
updates periodically under Docket NRC-2008-0120 on the
Federal eRulemaking Portal at http://www.regulations.gov that may be of
interest to stakeholders.
DATES: Submit comment by June 15, 2009. 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 one of the following methods.
Please include the number RIN 3150-AI12 in the subject line of your
comments. Comments on rulemakings submitted in writing or in electronic
form will be made available to the public in their entirety in NRC's
Agencywide Documents Access and Management System (ADAMS) and at http:/
/www.regulations.gov. Personal information, such as your name, address,
telephone number, e-mail address, etc., will not be removed from your
submission.
Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2008-0120]. Address
questions about NRC dockets to Carol Gallagher 301-415-5905; e-mail
Carol.Gallagher@nrc.gov.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: Rulemaking.Comments@nrc.gov. If you do not
receive a reply e-mail confirming that we have received your comments,
contact us directly at 301-415-1677. Comments can also be submitted via
the Federal eRulemaking Portal http://www.regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
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 can access publicly available documents related to this
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, Public
File Area O-1F21, One White Flint North, 11555 Rockville Pike,
Rockville, Maryland 20852-2738.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room 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, 301-415-4737, or by e-mail to
pdr.resource@nrc.gov.
Federal e-Rulemaking Portal: Go to http://www.regulations.gov and
search for documents filed under Docket ID [NRC-2008-0120].
FOR FURTHER INFORMATION CONTACT: Robert MacDougall, Office of Federal
and State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
5175, e-mail robert.macdougall@nrc.gov.
SUPPLEMENTARY INFORMATION:
The preliminary draft rule language can be viewed and downloaded
electronically via the Federal eRulemaking Portal at http://
www.regulations.gov by searching for Docket NRC-2008-0120 as
well as in ADAMS under ADAMS Accession Number ML090970142.
The staff is proposing to add a new part 37 that will contain the
security (physical protection) requirements that are designed to
provide reasonable assurance of preventing the theft, sabotage, or
diversion of category 1 and category 2 quantities of radioactive
material as designated by the International Atomic Energy Agency. The
new provisions will address background investigations and access
control, physical security during use and storage, and physical
security during any transport of category 1 and category 2 quantities
of radioactive material. At this time the, staff is only posting the
preliminary draft language for physical security during use and
storage. These requirements will be contained in subpart C of the new
part 37.
[[Page 20236]]
The NRC is making a preliminary version of this draft proposed rule
language available to inform stakeholders of the current status of this
proposed rulemaking. The NRC is inviting stakeholders to comment on the
draft preliminary language. This preliminary draft rule language may be
subject to significant revisions during the rulemaking process. Public
input at this stage will help inform the development of the proposed
rule.
The NRC will review and consider any comments received; however,
the NRC will not respond to any comments received at this pre-
rulemaking stage. As appropriate, the Statements of Consideration for
the proposed rule will briefly discuss any substantive changes made to
the preliminary draft proposed rule language as a result of comments
received on this preliminary version. Stakeholders will also have an
opportunity to comment on the rule language when it is published as a
proposed rule in accordance with the provisions of the Administrative
Procedure Act. The NRC will respond to any such comments in the
Statements of Consideration for the final rule.
The NRC may post updates to the preliminary draft proposed rule
language on the Federal eRulemaking Portal under Docket NRC-
2008-0120. Regulations.gov allows members of the public to set-up
notifications so that they may be alerted when documents are added to a
docket. Users are notified via e-mail at an e-mail address provided at
the time of registration for the notification. Directions for signing
up for the automatic notifications can be found at http://
www.regulations.gov. To do so, search for the docket you are interested
in and then choose ``Notification,'' found under the title of each
action.
Dated at Rockville, Maryland, this 24th day of April 2009.
For the Nuclear Regulatory Commission.
Kevin Hsueh,
Acting Director, Division of Intergovernmental Liaison and Rulemaking,
Office of Federal and State Materials and Environmental Management
Programs.
[FR Doc. E9-10041 Filed 4-30-09; 8:45 am]
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