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{{#Wiki_filter:39971 Proposed Rules                                                                                                Federal Register Vol. 82, No. 162 Wednesday, August 23, 2017 This section of the FEDERAL REGISTER                   confirming receipt, then contact us at                White Flint North, 11555 Rockville contains notices to the public of the proposed         301-415-1677.                                        Pike, Rockville, Maryland 20852.
{{#Wiki_filter: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.
issuance of rules and regulations. The
Proposed Rules Federal Register 39971 Vol. 82, No. 162 Wednesday, August 23, 2017 NUCLEAR REGULATORY COMMISSION 10 CFR Part 30
* Fax comments to: Secretary, U.S.
[Docket No. PRM-30-66; NRC-2017-0159]
purpose of these notices is to give interested                                                               B. Submitting Comments Nuclear Regulatory Commission at 301-persons an opportunity to participate in the           415-1101.                                              Please include Docket ID NRC-2017-rule making prior to the adoption of the final
Naturally-Occurring and Accelerator-Produced Radioactive Materials AGENCY: Nuclear Regulatory Commission.
* Mail comments to: Secretary, U.S.                0159 in your comment submission.
ACTION: Petition for rulemaking; notice of docketing and request for comment.  
rules.                                                                                                         The NRC cautions you not to include Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN:                      identifying or contact information that Rulemakings and Adjudications Staff.                  you do not want to be publicly NUCLEAR REGULATORY COMMISSION
* Hand deliver comments to: 11555                  disclosed in your comment submission.
Rockville Pike, Rockville, Maryland                  The NRC will post all comment 10 CFR Part 30                                         20852, between 7:30 a.m. and 4:15 p.m.                submissions at http://
(Eastern Time) Federal workdays;                      www.regulations.gov as well as enter the telephone: 301-415-1677.                              comment submissions into ADAMS.
[Docket No. PRM-30-66; NRC-2017-0159]                                                                         The NRC does not routinely edit For additional direction on obtaining Naturally-Occurring and Accelerator-                   information and submitting comments,                  comment submissions to remove Produced Radioactive Materials                         see Obtaining Information and                      identifying or contact information.
Submitting Comments in the                            If you are requesting or aggregating AGENCY: Nuclear Regulatory                             SUPPLEMENTARY INFORMATION section of                  comments from other persons for Commission.                                             this document.                                        submission to the NRC, then you should ACTION: Petition for rulemaking; notice                 FOR FURTHER INFORMATION CONTACT:                      inform those persons not to include of docketing and request for comment.                   Robert MacDougall, Office of Nuclear                  identifying or contact information that Material Safety and Safeguards, U.S.                  they do not want to be publicly


==SUMMARY==
==SUMMARY==
:   The U.S. Nuclear Regulatory                 Nuclear Regulatory Commission,                        disclosed in their comment submission.
: 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.
Commission (NRC) has received a                         Washington, DC 20555-0001; telephone:                Your request should state that the NRC petition for rulemaking from Matthew                   301-415-5175, email:                                  does not routinely edit comment McKinley on behalf of the Organization                 Robert.MacDougall@nrc.gov.                            submissions to remove such information of Agreement States (OAS) (the                                                                               before making the comment SUPPLEMENTARY INFORMATION:
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.
Petitioner) dated April 14, 2017,                                                                             submissions available to the public or requesting that the NRC revise its                     I. Obtaining Information and                          entering the comment into ADAMS.
ADDRESSES: You may submit comments by any of the following methods:
regulations to add radionuclides and                   Submitting Comments II. The Petitioner their corresponding activities to the list             A. Obtaining Information of Quantities of Licensed Material                                                                             The membership of OAS consists of Requiring Labeling. The petition was                     Please refer to Docket ID NRC-2017-                state radiation control directors and staff docketed by the NRC on June 21, 2017,                   0159 when contacting the NRC about                    from the 37 Agreement States who are and has been assigned Docket No. PRM-                   the availability of information for this              responsible for the implementation of 30-66. The NRC is examining the issues                 action. You may obtain publicly-                      their respective Agreement State raised in PRM-30-66 to determine                       available information related to this                programs. The purpose of the OAS is to whether they should be considered in                   action by any of the following methods:              provide a mechanism for the Agreement rulemaking. The NRC is requesting
* 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 FOR FURTHER INFORMATION CONTACT section of this document.
* Federal rulemaking Web site: Go to              States to work with each other and with public comment on this petition.                        http://www.regulations.gov and search                the NRC on regulatory issues associated for Docket ID NRC-2017-0159.                          with their respective agreements.
DATES: Submit comments by November
* NRCs Agencywide Documents 6, 2017. Comments received after this                   Access and Management System                          III. The Petition date will be considered if it is practical             (ADAMS): You may obtain publicly-                        The petitioner request that the NRC to do so, but the NRC is able to assure                 available documents online in the                    amend its existing regulations in consideration only for comments                         ADAMS Public Documents collection at                  appendix B to part 30 of title 10 of the received on or before this date.                       http://www.nrc.gov/reading-rm/                        Code of Federal Regulations (10 CFR), to ADDRESSES: You may submit comments                     adams.html. To begin the search, select              specifically add the appropriate by any of the following methods:                       ADAMS Public Documents and then                  radionuclides and their corresponding
* Federal Rulemaking Web site: Go to                 select Begin Web-based ADAMS                        activities to the list of Quantities of http://www.regulations.gov and search                   Search. For problems with ADAMS,                    Licensed Material Requiring Labeling.
for Docket ID NRC-2017-0159. Address                   please contact the NRCs Public                      The requirements in 10 CFR 30.35, questions about NRC dockets to Carol                   Document Room (PDR) reference staff at                Financial Assurance and Recordkeeping for Decommissioning, pmangrum on DSK3GDR082PROD with PROPOSALS Gallagher; telephone: 301-415-3463;                     1-800-397-4209, 301-415-4737, or by email: Carol.Gallagher@nrc.gov. For                     email to pdr.resource@nrc.gov. The                    refer to the list in appendix B to 10 CFR technical questions contact the                         ADAMS accession number for each                      part 30 to determine the need for a individual listed in the FOR FURTHER                   document referenced (if it is available in            decommissioning funding plan and the INFORMATION CONTACT section of this                     ADAMS) is provided the first time that                amount of financial assurance required document.                                               it is mentioned in this document.                    for sealed and unsealed sources. The
* Email comments to:
* Email comments to:
* NRCs PDR: You may examine and                   petition states that the list in appendix Rulemaking.Comments@nrc.gov. If you                    purchase copies of public documents at               B to 10 CFR part 30 is outdated and do not receive an automatic email reply                the NRCs PDR, Room O1-F21, One                       does not include conforming updates VerDate Sep<11>2014   14:06 Aug 22, 2017   Jkt 241001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\23AUP1.SGM   23AUP1
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 SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT:
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.
SUPPLEMENTARY INFORMATION:
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.
* NRCs 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 NRCs 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.
* NRCs PDR: You may examine and purchase copies of public documents at the NRCs 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, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\\FR\\FM\\23AUP1.SGM 23AUP1 pmangrum on DSK3GDR082PROD with PROPOSALS


39972               Federal Register / Vol. 82, No. 162 / Wednesday, August 23, 2017 / Proposed Rules resulting from the 2005 amendment of                    V. Request for Comment                                certain navigable waters of the the Energy Policy Act. The OAS petition                   The NRC staff is requesting public                Mississippi River. This action is is available in ADAMS under Accession                   comment on the following specific                    necessary to provide for the safety of life No. ML17173A063.                                       questions:                                            on these navigable waters near New
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.
: 1. What products or technologies,                  Orleans, LA, during a fireworks display IV. Discussion of the Petition                                                                               on October 28, 2017. This proposed other than the germanium-68 generators The petitioner believe that patient                 cited in the petition, are being or could            rulemaking would prohibit persons and health and safety is being compromised                 be negatively affected because the                    vessels from being in the safety zone due to licensing delays of important                   radioactive materials required for these              unless authorized by the Captain of the diagnostic and therapeutic products that               products or technologies are not                      Port New Orleans (COTP) or a utilize radioisotopes that are not listed               currently listed on the table in appendix            designated representative. We invite in the appendix B table in 10 CFR part                 B of 10 CFR part 30?                                  your comments on this proposed
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                   2. Please provide specific examples of            rulemaking.
: 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.
Energy Policy Act was amended in 2005                   how the current NRC regulatory                        DATES:  Comments and related material to include discrete naturally-occurring                 framework for decommissioning                        must be received by the Coast Guard on and accelerator-produced radioactive                   financial assurance has put an undue                  or before September 7, 2017.
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.
materials (NARM) into the definition of                 hardship on potential license ADDRESSES: You may submit comments byproduct material, that 10 CFR part 30,               applicants. Explain how this hardship identified by docket number USCG-schedule B, exempt quantities for                       has discouraged the development of 2017-0731 using the Federal licensing was updated to include certain               beneficial new products, or otherwise eRulemaking Portal at http://
The petitioner point out that the NRCs 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.
imposed unnecessarily burdensome NARM isotopes. They note however that                                                                         www.regulations.gov. See the Public requirements on licensees or members 10 CFR part 30, appendix B, Quantities                                                                      Participation and Request for of the public (e.g., users of medical of Licensed Material Requiring                                                                                Comments portion of the diagnostic or therapeutic technologies)
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.
Labeling, which is the driver for the                                                                      SUPPLEMENTARY INFORMATION section for that depend on naturally-occurring or decommissioning funding plan and                                                                              further instructions on submitting accelerator-produced radioactive financial assurance, was not updated.                                                                        comments.
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.
materials (NARM).
V. Request for Comment The NRC staff is requesting public comment on the following specific questions:
As a result, the OAS believes that state                  3. Given NRCs current regulatory                 FOR FURTHER INFORMATION CONTACT:  If regulators are forced to apply overly                  authority over the radiological safety               you have questions about this proposed burdensome financial assurance                          and security of NARM, what factors                   rulemaking, call or email Lieutenant obligations or evaluate on a case-by-case              should the NRC take into account in                   Commander (LCDR) Howard Vacco, basis special exemptions for new                        establishing possession limits for any of             Sector New Orleans, at (504) 365-2281 products. They feel that this results in                these materials that should be listed in             or Howard.K.Vacco@uscg.mil.
: 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?
delays in using these improved products                appendix B of 10 CFR part 30?                         SUPPLEMENTARY INFORMATION:
: 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).
or discourages their development.                          4. Does this petition raise other issues The petitioner point out that the                    not addressed by the questions above                 I. Table of Abbreviations NRCs Advisory Committee on the                        about labelling or decommissioning                   CFR Code of Federal Regulations Medical Uses of Isotopes evaluated the                  financial assurance for radioactive                   COTP Captain of the Port New Orleans financial assurance requirements for                    materials? Must these issues be                       DHS Department of Homeland Security germanium-68 generators and                            addressed by a rulemaking, or are there               FR Federal Register concluded that these requirements were                  other regulatory solutions that NRC                   NPRM Notice of proposed rulemaking should consider?                                     &sect; Section too restrictive and would prevent or U.S.C. United States Code deter the use of promising gallium-68                    Dated at Rockville, Maryland, this 16th day diagnostic imaging agents for patients.                of August, 2017.                                     II. Background, Purpose, and Legal Authorization for granting specific                      For the Nuclear Regulatory Commission.             Basis exemption from the decommissioning                      Annette L. Vietti-Cook,                                 On July 17, 2017, the Coast Guard was funding plan requirement for Ge-68/Ga-                  Secretary for the Commission.                         notified of a fireworks display from 7:50 68 generators was developed. A                                                                                p.m. through 8:50 p.m. on October 28,
: 3. Given NRCs 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]
[FR Doc. 2017-17690 Filed 8-22-17; 8:45 am]
rulemaking action to provide a                                                                                2017, to celebrate a wedding. The BILLING CODE 7590-01-P permanent regulatory solution has been                                                                        fireworks are to be launched from a initiated; however, the petition notes                                                                        barge in the Mississippi River at that the OAS is disappointed that the                                                                        approximately MM 96.2, at New rule would address only this one                        DEPARTMENT OF HOMELAND SECURITY                                             Orleans, LA. Hazards from firework isotope.                                                                                                      displays include accidental discharge of Rather than issue exemptions on a                    Coast Guard                                           fireworks, dangerous projectiles, and case-by-case basis, the petitioner assert                                                                    falling hot embers or other debris. The the more appropriate way to address the                33 CFR Part 165                                       Captain of the Port New Orleans (COTP) inconsistency is to amend appendix B to                                                                      has determined that potential hazards
BILLING CODE 7590-01-P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165
[Docket Number USCG-2017-0731]
[Docket Number USCG-2017-0731]
10 CFR part 30 to add appropriate                                                                            associated with the fireworks to be used radionuclides and their corresponding pmangrum on DSK3GDR082PROD with PROPOSALS RIN 1625-AA00                                         in this display would be a safety activities. The petition states that the                                                                      concern for anyone within a one-half failure to address this inconsistency                  Safety Zone; Mississippi River; New                   range of the barge.
RIN 1625-AA00 Safety Zone; Mississippi River; New Orleans, LA AGENCY: Coast Guard, DHS.
puts an undue hardship on certain                      Orleans, LA                                             The purpose of this proposed licensees with little or no radiation                  AGENCY:   Coast Guard, DHS.                           rulemaking is to ensure the safety of safety benefit, discourages the                        ACTION:   Notice of proposed rulemaking.             vessels and the navigable waters within development of new beneficial                                                                                a one-half mile range of the fireworks products, and negatively impacts                       
ACTION: Notice of proposed rulemaking.  


==SUMMARY==
==SUMMARY==
:   The Coast Guard proposes to               barge before, during, and after the patient care.                                           establish a temporary safety zone for                 scheduled event. The Coast Guard VerDate Sep<11>2014   14:06 Aug 22, 2017   Jkt 241001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\23AUP1.SGM   23AUP1}}
: 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 SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port New Orleans DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking
&sect; 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, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\\FR\\FM\\23AUP1.SGM 23AUP1 pmangrum on DSK3GDR082PROD with PROPOSALS}}

Latest revision as of 00:57, 7 January 2025

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:
References
82FR39971, NRC-2017-0159, PRM-30-66
Download: ML18038A961 (2)
v • d • e


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 FOR FURTHER INFORMATION CONTACT 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 SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT:

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.

SUPPLEMENTARY INFORMATION:

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:

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 NRCs 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.

  • NRCs PDR: You may examine and purchase copies of public documents at the NRCs 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, 2017 Jkt 241001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\\FR\\FM\\23AUP1.SGM 23AUP1 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 NRCs 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 NRCs 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 SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: 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.

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port New Orleans DHS Department of Homeland Security FR Federal Register NPRM Notice 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, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\\FR\\FM\\23AUP1.SGM 23AUP1 pmangrum on DSK3GDR082PROD with PROPOSALS

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