[Federal Register Volume 76, Number 5 (Friday, January 7, 2011)]
[Proposed Rules]
[Pages 1100-1101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-107]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Part 40
[NRC-2011-0003]
RIN 3150-AH15
Implementation Guidance for Distribution of Source Material to
Exempt Persons and to General Licensees and Revision of General License
and Exemptions; Draft Guidance Document for Comment
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice of availability of draft guidance for public comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to
amend its regulations to require that the initial distribution of
source material to exempt persons or general licensees be explicitly
authorized by a specific license. The proposed rule would also modify
the existing possession and use requirements of the general license for
small quantities of source material and revise, clarify, or delete
certain source material exemptions from licensing. The NRC has prepared
draft guidance to address implementation of the proposed regulations.
This notice is announcing the availability of the draft implementation
guidance document for public comment.
DATES: Submit comments by March 8, 2011. 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: Please include Docket ID NRC-2011-0003 in the subject line
of
[[Page 1101]]
your comments. For instructions on submitting comments and accessing
documents related to this action, see ``Submitting Comments and
Accessing Information'' in the SUPPLEMENTARY INFORMATION section of
this document. You may submit comments by any one of the following
methods.
Federal Rulemaking Web site: Go to http://www.regulations.gov and
search for documents filed under Docket ID NRC-2011-0003. Address
questions about NRC dockets to Carol Gallagher, telephone: 301-492-
3668; e-mail: [email protected].
Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and
Directives Branch (RADB), Office of Administration, Mail Stop: TWB-05-
B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
Fax comments to: RADB at 301-492-3446.
FOR FURTHER INFORMATION CONTACT: Gary Comfort, Office of Federal and
State Materials and Environmental Management Programs, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-
8106, e-mail: [email protected].
SUPPLEMENTARY INFORMATION:
Submitting Comments and Accessing Information
Comments submitted in writing or in electronic form will be posted
on the NRC Web site and on the Federal Rulemaking Web site, http://www.regulations.gov. Because your comments will not be edited to remove
any identifying or contact information, the NRC cautions you against
including any information in your submission that you do not want to be
publicly disclosed. The NRC requests that any party soliciting or
aggregating comments received from other persons for submission to the
NRC inform those persons that the NRC will not edit their comments to
remove any identifying or contact information, and therefore, they
should not include any information in their comments that they do not
want publicly disclosed.
You can access publicly available documents related to this
document using the following methods:
NRC's Public Document Room (PDR): The public may examine and have
copied for a fee publicly available documents at the NRC's PDR, Room O-
1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland
20852.
NRC's Agencywide Documents Access and Management System (ADAMS):
Publicly available documents created or received at the NRC are
available electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain
entry into 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's PDR
reference staff at 1-800-397-4209, or 301-415-4737, or by e-mail to
[email protected]. The draft Part 40 implementation guidance is
available electronically under ADAMS Accession Number ML103160241.
Federal Rulemaking Web site: Public comments and supporting
materials related to the implementation guidance, including the draft
implementation guidance, can be found at http://www.regulations.gov by
searching on Docket ID NRC-2011-0003. Documents related to the proposed
rule can be found by searching on Docket ID NRC-2009-0084.
Discussion
The NRC published a proposed rule (75 FR 43425; July 26, 2010) that
would amend its regulations in part 40 of Title 10 of the Code of
Federal Regulations (10 CFR) to require that the initial distribution
of source material to exempt persons or general licensees be explicitly
authorized by a specific license, which would include new reporting
requirements. This proposed rule would affect manufacturers and
distributors of certain products and materials containing source
material and certain persons using source material under general
license and under exemptions from licensing. The public comment period
runs through February 15, 2011.
In conjunction with the proposed rule, the NRC has developed draft
implementation guidance. The draft implementation document provides
guidance to a licensee or applicant for implementation of proposed 10
CFR Part 40, ``Distribution of Source Material to Exempt Persons and to
General Licensees and Revision of General License and Exemptions.'' It
is intended for use by applicants, licensees, Agreement States, and NRC
staff. The document describes methods acceptable to the NRC staff for
implementing proposed 10 CFR part 40. The approaches and methods
described in the document are provided for information only. Methods
and solutions different from those described in the document are
acceptable if they meet the requirements in proposed 10 CFR part 40.
The guidance is provided in the form of questions and answers on the
provisions of the proposed rule. The draft implementation guidance
document for proposed 10 CFR part 40 is available electronically under
ADAMS Accession Number ML103160241, and can also be found at http://www.regulations.gov by searching on Docket ID NRC-2011-0003.
At this time, the NRC is announcing the availability for public
comment of ``Implementation Guidance for 10 CFR Part 40 Distribution of
Source Material to Exempt Persons and to General Licensees and Revision
of General License and Exemptions.'' The document provides guidance on
implementing the provisions of proposed 10 CFR part 40, ``Distribution
of Source Material to Exempt Persons and to General Licensees and
Revision of General License and Exemptions.''
Dated at Rockville, Maryland, this 28th day of December 2010.
For the Nuclear Regulatory Commission.
James Luehman,
Deputy Director, Licensing and Inspection Directorate, Division of
Materials Safety and State Agreements, Office of Federal and State
Materials and Environmental Management Programs.
[FR Doc. 2011-107 Filed 1-6-11; 8:45 am]
BILLING CODE 7590-01-P