ML18038A961
| 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) | |
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