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

Text

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.

issuance of rules and regulations. The

• Fax comments to: Secretary, U.S.

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

• Mail comments to: Secretary, U.S. 0159 in your comment submission.

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

The U.S. Nuclear Regulatory Nuclear Regulatory Commission, disclosed in their comment submission.

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:

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.

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 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:

• 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

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

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

30. The petitioner assert that when the 2. Please provide specific examples of rulemaking.

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.

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://

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)

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.

materials (NARM).

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.

delays in using these improved products appendix B of 10 CFR part 30? SUPPLEMENTARY INFORMATION:

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? § 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,

[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

[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.

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

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