ML18038A961

FRN PRM 30-66 Qs 08/23/2017

ML18038A961
Person / Time
Issue date:	08/23/2017
From:	Office of Nuclear Material Safety and Safeguards, NRC/SECY
To:
MacDougall R
Shared Package
ML18038A879	List: ML18038A947 ML18038A948 ML18038A950 ML18038A951 ML18038A952 ML18038A954 ML18038A955 ML18038A957 ML18038A958 ML18038A960 ML18038A961 ML18038A962 ML18038A963 ML18038A965 ML18038A966 ML18038A968 ML18038A969 ML18038A971 ML18038A972 ML18038A973 ML18038A974
References
82FR39971, NRC-2017-0159, PRM-30-66
Download: ML18038A961 (2)

Text

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.Proposed Rules Federal Register 39971 Vol. 82, No. 162 Wednesday, August 23, 2017 NUCLEAR REGULATORY COMMISSION 10 CFR Part 30

[Docket No. PRM-30-66; NRC-2017-0159]

Naturally-Occurring and Accelerator-Produced Radioactive Materials 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 Matthew

McKinley on behalf of the Organization

of Agreement States (OAS) (the

Petitioner) dated April 14, 2017, requesting that the NRC revise its

regulations to add radionuclides and

their corresponding activities to the list

of Quantities of Licensed Material

Requiring Labeling. The petition was

docketed by the NRC on June 21, 2017, and has been assigned Docket No. PRM-

30-66. The NRC is examining the issues

raised in PRM-30-66 to determine

whether they should be considered in

rulemaking. The NRC is requesting

public comment on this petition.

DATES: Submit comments by November 6, 2017. 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:

• Federal Rulemaking Web site:

Go to http://www.regulations.gov and search for Docket ID NRC-2017-0159. Address

questions about NRC dockets to Carol

Gallagher; telephone: 301-415-3463;

email: Carol.Gallagher@nrc.gov.

For technical questions contact the

individual listed in the FORFURTHER INFORMATIONCONTACT 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.

• Fax comments to:

Secretary, U.S.

Nuclear Regulatory Commission at 301-

415-1101.

• Mail comments to:

Secretary, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN:

Rulemakings and Adjudications Staff.

• Hand deliver comments to:

11555 Rockville Pike, Rockville, Maryland

20852, between 7:30 a.m. and 4:15 p.m.

(Eastern Time) Federal workdays;

telephone: 301-415-1677.

For additional direction on obtaining information and submitting comments, see Obtaining Information and

Submitting Comments in the SUPPLEMENTARYINFORMATION section of this document. FORFURTHERINFORMATIONCONTACT

Robert MacDougall, Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone:

301-415-5175, email:

Robert.MacDougall@nrc.gov. SUPPLEMENTARYINFORMATION

I. Obtaining Information and

Submitting Comments A. Obtaining Information Please refer to Docket ID NRC-2017-0159 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 Web site:

Go to http://www.regulations.gov and search for Docket ID NRC-2017-0159.

• NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the

ADAMS Public Documents collection at

http://www.nrc.gov/reading-rm/

adams.html.

To begin the search, select

ADAMS Public Documents

and then

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 this document.

• NRC's PDR:

You may examine and purchase copies of public documents at

the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments Please include Docket ID NRC-2017-0159 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 http://

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 The membership of OAS consists of state radiation control directors and staff from the 37 Agreement States who are

responsible for the implementation of

their respective Agreement State

programs. The purpose of the OAS is to

provide a mechanism for the Agreement

States to work with each other and with

the NRC on regulatory issues associated

with their respective agreements.

III. The Petition The petitioner request that the NRC amend its existing regulations in appendix B to part 30 of title 10 of the

Code of Federal Regulations (10 CFR), to

specifically add the appropriate

radionuclides and their corresponding

activities to the list of Quantities of

Licensed Material Requiring Labeling.

The requirements in 10 CFR 30.35,

Financial Assurance and

Recordkeeping for Decommissioning,

refer to the list in appendix B to 10 CFR

part 30 to determine the need for a

decommissioning funding plan and the

amount of financial assurance required

for sealed and unsealed sources. The

petition states that the list in appendix

B to 10 CFR part 30 is outdated and

does not include conforming updates VerDate Sep<11>2014 14:06 Aug 22, 2017Jkt 241001PO 00000Frm 00001Fmt 4702Sfmt 4702E:\FR\FM\23AUP1.SGM23AUP1 pmangrum on DSK3GDR082PROD with PROPOSALS 39972 Federal Register/Vol. 82, No. 162/Wednesday, August 23, 2017/Proposed Rules resulting from the 2005 amendment of the Energy Policy Act. The OAS petition

is available in ADAMS under Accession

No. ML17173A063.

IV. Discussion of the Petition The petitioner believe that patient health and safety is being compromised due to licensing delays of important

diagnostic and therapeutic products that

utilize radioisotopes that are not listed

in the appendix B table in 10 CFR part

30. The petitioner assert that when the

Energy Policy Act was amended in 2005

to include discrete naturally-occurring

and accelerator-produced radioactive

materials (NARM) into the definition of

byproduct material, that 10 CFR part 30, schedule B, exempt quantities for

licensing was updated to include certain

NARM isotopes. They note however that

10 CFR part 30, appendix B, Quantities

of Licensed Material Requiring

Labeling, which is the driver for the

decommissioning funding plan and

financial assurance, was not updated.

As a result, the OAS believes that state

regulators are forced to apply overly

burdensome financial assurance

obligations or evaluate on a case-by-case basis special exemptions for new

products. They feel that this results in

delays in using these improved products

or discourages their development.

The petitioner point out that the NRC's Advisory Committee on the

Medical Uses of Isotopes evaluated the

financial assurance requirements for

germanium-68 generators and

concluded that these requirements were

too restrictive and would prevent or

deter the use of promising gallium-68

diagnostic imaging agents for patients.

Authorization for granting specific

exemption from the decommissioning

funding plan requirement for Ge-68/Ga-

68 generators was developed. A

rulemaking action to provide a

permanent regulatory solution has been

initiated; however, the petition notes

that the OAS is disappointed that the

rule would address only this one

isotope. Rather than issue exemptions on a case-by-case basis, the petitioner assert

the more appropriate way to address the

inconsistency is to amend appendix B to

10 CFR part 30 to add appropriate

radionuclides and their corresponding

activities. The petition states that the

failure to address this inconsistency

puts an undue hardship on certain

licensees with little or no radiation

safety benefit, discourages the

development of new beneficial

products, and negatively impacts

patient care.

V. Request for Comment The NRC staff is requesting public comment on the following specific questions:

1. What products or technologies, other than the germanium-68 generators

cited in the petition, are being or could

be negatively affected because the

radioactive materials required for these

products or technologies are not

currently listed on the table in appendix

B of 10 CFR part 30?

2. Please provide specific examples of how the current NRC regulatory

framework for decommissioning

financial assurance has put an undue

hardship on potential license

applicants. Explain how this hardship has discouraged the development of

beneficial new products, or otherwise

imposed unnecessarily burdensome

requirements on licensees or members

of the public (e.g., users of medical diagnostic or therapeutic technologies)

that depend on naturally-occurring or

accelerator-produced radioactive

materials (NARM).

3. Given NRC's current regulatory authority over the radiological safety

and security of NARM, what factors

should the NRC take into account in

establishing possession limits for any of

these materials that should be listed in

appendix B of 10 CFR part 30?

4. Does this petition raise other issues not addressed by the questions above

about labelling or decommissioning

financial assurance for radioactive

materials? Must these issues be

addressed by a rulemaking, or are there

other regulatory solutions that NRC

should consider?

Dated at Rockville, Maryland, this 16th day of August, 2017.

For the Nuclear Regulatory Commission.

Annette L. Vietti-Cook, Secretary for the Commission.

[FR Doc. 2017-17690 Filed 8-22-17; 8:45 am]

BILLING CODE 7590-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165

[Docket Number USCG-2017-0731]

RIN 1625-AA00 Safety Zone; Mississippi River; New Orleans, LA AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

SUMMARY

The Coast Guard proposes to establish a temporary safety zone for certain navigable waters of the

Mississippi River. This action is

necessary to provide for the safety of life

on these navigable waters near New

Orleans, LA, during a fireworks display

on October 28, 2017. This proposed

rulemaking would prohibit persons and

vessels from being in the safety zone

unless authorized by the Captain of the

Port New Orleans (COTP) or a

designated representative. We invite

your comments on this proposed

rulemaking.

DATES: Comments and related material must be received by the Coast Guard on

or before September 7, 2017.

ADDRESSES: You may submit comments identified by docket number USCG-

2017-0731 using the Federal

eRulemaking Portal at http://

www.regulations.gov.

See the Public Participation and Request for

Comments portion of the SUPPLEMENTARYINFORMATION section for further instructions on submitting

comments. FORFURTHERINFORMATIONCONTACT

If you have questions about this proposed

rulemaking, call or email Lieutenant

Commander (LCDR) Howard Vacco, Sector New Orleans, at (504) 365-2281

or Howard.K.Vacco@uscg.mil. SUPPLEMENTARYINFORMATION

I. Table of Abbreviations CFRCode of Federal Regulations COTPCaptain of the Port New Orleans DHSDepartment of Homeland Security FRFederal Register NPRMNotice of proposed rulemaking

§Section U.S.C.United States Code II. Background, Purpose, and Legal Basis On July 17, 2017, the Coast Guard was notified of a fireworks display from 7:50

p.m. through 8:50 p.m. on October 28, 2017, to celebrate a wedding. The

fireworks are to be launched from a

barge in the Mississippi River at

approximately MM 96.2, at New

Orleans, LA. Hazards from firework

displays include accidental discharge of

fireworks, dangerous projectiles, and

falling hot embers or other debris. The

Captain of the Port New Orleans (COTP)

has determined that potential hazards

associated with the fireworks to be used

in this display would be a safety

concern for anyone within a one-half

range of the barge.

The purpose of this proposed rulemaking is to ensure the safety of

vessels and the navigable waters within

a one-half mile range of the fireworks

barge before, during, and after the

scheduled event. The Coast Guard VerDate Sep<11>2014 14:06 Aug 22, 2017Jkt 241001PO 00000Frm 00002Fmt 4702Sfmt 4702E:\FR\FM\23AUP1.SGM23AUP1 pmangrum on DSK3GDR082PROD with PROPOSALS