[Federal Register Volume 68, Number 199 (Wednesday, October 15, 2003)]
[Proposed Rules]
[Pages 59346-59347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25986]
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Proposed Rules
Federal Register
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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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Federal Register / Vol. 68, No. 199 / Wednesday, October 15, 2003 /
Proposed Rules
[[Page 59346]]
NUCLEAR REGULATORY COMMISSION
10 CFR Part 40
[Docket No. PRM-40-29]
Terrence O. Hee, Ion Technology; Receipt of Petition for
Rulemaking
AGENCY: Nuclear Regulatory Commission.
ACTION: Petition for rulemakings; notice of receipt.
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SUMMARY: The Commission seeks public comment on a petition for
rulemaking filed August 7, 2003, by Terrence O. Hee, Ion Technology
(the petitioner), docketed PRM-40-29. The petition requests amendment
of the NRC's regulations regarding unimportant quantities of source
material to exempt end users of a catalytic device containing thorium
from the NRC's licensing requirements. The petitioner asserts that this
device, in conjunction with a patented new methodology, could
substantially reduce air pollution chemicals from mobile and stationary
combustion processes.
DATES: Submit comments by December 29, 2003. Comments received after
this date will be considered if it is practical to do so, but the
Commission is able to ensure 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 following number (PRM-40-29) in the subject line of
your comments. Comments on petitions submitted in writing or in
electronic form will be made available to the public in their entirety
on the NRC rulemaking web site. Personal information will not be
removed from your comments.
Mail comments to: Secretary, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.
E-mail comments to: [email protected]. If you do not receive a reply e-
mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the NRC's
rulemaking web site at http://ruleforum.llnl.gov. Address questions
about our rulemaking website to Carol Gallagher (301) 415-5905; email
[email protected].
Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland
20852, between 7:30 am and 4:15 pm Federal workdays. (Telephone (301)
415-1966).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at
(301) 415-1101.
Publicly available documents related to this petition may be viewed
electronically on the public computers located at the NRC's Public
Document Room (PDR), O1 F21, One White Flint North, 11555 Rockville
Pike, Rockville, Maryland. The PDR reproduction contractor will copy
documents for a fee. Selected documents, including comments, may be
viewed and downloaded electronically via the NRC rulemaking web site at
http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC after
November 1, 1999, are available electronically at the NRC's Electronic
Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this
site, the public can gain entry into the NRC's Agencywide Document
Access and Management System (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 Public Document Room (PDR) Reference staff at 1-800-
397-4209, 301-415-4737 or by email to [email protected].
FOR FURTHER INFORMATION CONTACT: Michael T. Lesar, Chief, Rules and
Directives Branch, Division of Administrative services, Office of
Administration, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001 or e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
The Petitioner
The petitioner, Terrence O. Hee, (Ion Technology), has U.S.
distribution rights to a catalytic device containing thorium. The
petitioner states that the device is part of a ``new technology for the
reduction of air pollution chemicals'' produced by mobile and
industrial combustion processes, and gives two reasons for submitting
this petition: (1) To contribute to the cleaning up of the air, and (2)
a monetary interest.
Background
The petitioner states that 10 CFR 40.13 (c), Unimportant quantities
of source material, currently would not exempt each end user of a
catalytic device containing thorium from having to obtain an NRC
license to possess such a device. The petitioner asserts that there are
potentially millions of users for this device, and that obtaining ``an
individual license for each application would prove to be burdensome
for the state agencies issuing the individual licenses and to those
wishing to use the devices.''
Proposed Action
The current regulations at 10 CFR 40.13(c) exempt from licensing
requirements certain uses of thorium (e.g., in incandescent gas
mantles, vacuum tubes, welding rods, electric lamps, personnel neutron
dosimeters). Also exempted is source material contained in products
such as glazed ceramic tableware, piezoelectric ceramic, and glassware.
The petitioner proposes to add an exemption to this section of the
Commission's regulations for catalytic devices containing thorium, and
suggests the following language:
Any patented catalyst used in the treatment of fuel, gas or air
streams for combustion processes, or other processes provided that
the thorium content does not exceed 6 percent by weight. The weight
percentage to be calculated for either a homogeneous mixture or as a
coating on a substrate base, with the base and the coating being
considered the same as a homogeneous mixture, and the finished
product is constructed in a manner that will prevent the exposure of
the public to any radiation during the normal application and use of
this technology.
Rationale
The Petitioner offers the following rationale in support of its
petition:
(1) The ``environmental and quality of life benefits'' derived from
the application of this technology are ``currently enjoyed by the
citizens of Japan.'' The petitioner goes on to state that this
technology is proposed for license in China as a way to reduce air
pollution;
(2) Implementation of these devices can reduce the cost of air
emissions
[[Page 59347]]
pollution control to U.S. industry over the cost of current methods,
thus enhancing the ability of industry to meet strict air emission
standards;
(3) Workers involved with the devices will be protected from the
low levels of radiation exposure by a metal housing encasing the
thorium-bearing material;
(4) The devices are manufactured in Japan, so no U.S. workers will
have direct contact with the thorium-bearing material; and
(5) The long-term effect on the environment would be ``reduced
emissions of air pollutants from mobile and stationary combustion
sources'', and the petitioner states that the device ``could also lead
to a reduction in the volume of hydrocarbon fuels used.''
In addition, the petitioner explains that the public is protected
by housings shielding the radiation-emitting material, and that the
housings are designed not to be ``readily disassembled by the
curious.'' The petitioner states the product will have warning labels
which instruct users in the proper disposal method, which is only by
return of the product to the distributor; the petitioner anticipates
that these labels would prevent long-term negative effects on the
environment. The petitioner notes that disposal instructions would also
be in the ``Material Safety Data Sheet'' delivered with each device.
The Petitioner projects the product to have a 30-year life cycle,
and expects no short-term negative effects on the environment from
disposal of the devices. The petitioner believes that the product is a
safe and cost-effective method for contributing to the reduction of air
pollution chemicals in the air in the United States and claims that it
poses no adverse risk to the public or to workers involved in
installing or removing the devices.
Relevant Technical Information
The petitioner states that Honda Motor Company is currently
installing the technology as a factory-installed device on their
diesel-powered vehicles, and claims use of this technology in Japan has
demonstrated a reduction of air pollution chemicals and a reduction in
fuel consumption. The petitioner submits test data showing reductions
of soot emissions after installation of the device on diesel bus
engines on the Okayama Bus Line company and a Caterpillar/Mitsubishi
diesel-powered shovel. The petitioner also submits data showing
reductions in nitrogen oxides, carbon monoxide, and hydrocarbons for a
1989 gasoline-fueled Mercedes Benz, and similar data for a 1998
Mitsubishi van. The petitioner also presents ``fuel usage reduction
examples'' comparing various makes and models of vehicles before and
after installation of the catalytic device. The petitioner's data
claims fuel savings ranging from 53.96 percent for a Mitsubishi Minicar
to 8.19 percent for a Mitsubishi truck.
Conclusion
The petitioner believes that the proposed change to the
Commission's regulations to allow the use of catalytic devices
containing thorium in the United States is appropriate because it will
benefit citizens by increasing the efficiency of combustion processes,
reducing the use of hydrocarbon fuels, and lowering air pollutant
emissions. The petitioner concludes that this technology poses no
hazard to users or the public.
Dated at Rockville, Maryland, this 7th day of October, 2003.
For the Nuclear Regulatory Commission.
Andrew L. Bates,
Acting Secretary of the Commission.
[FR Doc. 03-25986 Filed 10-14-03; 8:45 am]
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