81 FR 83171 - Revisions to Transportation Safety Requirements and Compatibility With International Atomic Energy Agency Transportation Standards

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 224 (November 21, 2016)

The U.S. Nuclear Regulatory Commission (NRC) is considering a potential amendment to its regulations that would revise the regulations on packaging and transporting radioactive material. The NRC is gathering information about potential changes that may be proposed in a subsequent rulemaking activity. The NRC is requesting public comment on the issues paper about potential changes that is referenced in this document. The NRC plans to hold a public meeting to promote full understanding of the issues paper and to facilitate public comment.

[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Proposed Rules]
[Pages 83171-83174]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-27944]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 71

[NRC-2016-0179]
RIN 3150-AJ85


Revisions to Transportation Safety Requirements and Compatibility 
With International Atomic Energy Agency Transportation Standards

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of issues paper, public meeting, and request for 
comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering a 
potential amendment to its regulations that would revise the 
regulations on packaging and transporting radioactive material. The NRC 
is gathering information about potential changes that may be proposed 
in a subsequent rulemaking activity. The NRC is requesting public 
comment on the issues paper about potential changes that is referenced 
in this document. The

[[Page 83172]]

NRC plans to hold a public meeting to promote full understanding of the 
issues paper and to facilitate public comment.

DATES: Submit comments by January 20, 2017. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to ensure consideration only for comments received before this 
date. A public meeting will be held December 5-6, 2016.

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-2016-0179. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Email comments to: [email protected]. 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: Emma Wong, Office of Nuclear Material 
Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001; telephone: 301-415-7091; [email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2016-0179 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-2016-0179.
     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 [email protected].
     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-2016-0179 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 entering 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. Background

    In accordance with Commission direction, the NRC has initiated a 
rulemaking effort that addresses the need to make the regulations in 
part 71 of title 10 of the Code of Federal Regulations (10 CFR), 
``Packaging and Transportation of Radioactive Material,'' compatible 
with the most current revisions of the International Atomic Energy 
Agency (IAEA) Specific Safety Requirements (SSR) No. SSR-6, 
``Regulations for the Safe Transport of Radioactive Material,'' (SSR-
6). The regulations in 10 CFR part 71 are based, in general, on the 
specific safety requirements developed by the IAEA. The IAEA has been 
revising its requirements on an approximate 10-year cycle, with the 
last edition of IAEA SSR-6 published in 2012 and the current draft of 
the new revision of SSR-6 expected to be published in 2018. Further, as 
described below, the NRC is considering other changes to 10 CFR part 71 
that are not related to SSR-6.
    To facilitate discussion and public comments, the NRC has prepared 
an issues paper that describes potential rulemaking issues (IAEA and 
non-IAEA-related) for the next revision to 10 CFR part 71. The issues 
paper will be posted at http://www.regulations.gov/docket?D=NRC-2016-0179.
    The issues paper was developed in coordination with the U.S. 
Department of Transportation (DOT), because the DOT and the NRC co-
regulate transportation of radioactive materials in the United States 
and have historically coordinated to harmonize their respective 
regulations to these IAEA revisions through the rulemaking process. 
Coordination ensures that consistent regulatory standards are 
maintained between the NRC's and the DOT's radioactive material 
transportation regulations, and coordinated publication of any final 
rules and associated regulatory guidance documents by each agency.

III. Regulatory Objectives

    The NRC identified changes made in SSR-6 published in 2012 by 
comparing it to the previous revision of SSR-6 published in 2009, and 
then identified affected sections of 10 CFR part 71. Based on this 
comparison, the NRC identified compatibility issues to potentially be 
addressed through the rulemaking process. The NRC also identified 
changes based on the current draft of the new revision of SSR-6, which 
is expected to be published in 2018. These issues are discussed in 
greater detail in the issues paper that will be posted at http://www.regulations.gov/docket?D=NRC-2016-0179. The NRC identified 
additional potential issues for incorporation in the rulemaking action 
that are also discussed in the issues paper (i.e., changes related to 
harmonization with DOT regulations and include administrative, 
editorial, or clarification matters).

IV. Specific Considerations

    The NRC is seeking to gauge perspectives from the public before 
proceeding to the development of the proposed rule. The NRC is 
particularly interested in receiving comment and supporting rationale 
from the public about the potential changes in the packaging and 
transportation of radioactive material requirements. The following 
topics are discussed in the issues paper and will be discussed at the 
public meeting:


[[Page 83173]]


 Aging
 Definitions
 Fissile Materials
 Low Specific Activity (LSA)--III
 NRC-Identified Changes
 Reduced External Pressure Requirement for Type A Package Test
 Solar Insolation
 Surface Contaminated Object (SCO)--III
 Transitional Arrangements
 Type C Package
 UF6 Package

    Specifically, the NRC is interested in public and industry comments 
related to: (1) Quantitative information expressed as a realistic range 
of estimated costs and benefits for the potential changes described in 
the issues paper; (2) operational data about radiation exposures 
(increased or reduced) that might result from implementing the 
potential changes; (3) whether the potential changes are appropriate; 
and (4) whether there are any additional changes that should be 
considered, and if so, the supporting rationale and quantitative 
information for the additional change. The NRC will consider the 
stakeholders' comments to help quantify the potential impact of any 
proposed changes.
    The NRC will provide another opportunity for public comment in any 
subsequent proposed rule that may be developed. Comments received in 
response to this Federal Register document will be considered in any 
subsequent rulemaking process.

V. Public Meeting

    The NRC will conduct a public meeting to describe the issues paper 
and answer clarifying questions from the public about the potential 
changes in the packaging and transportation of radioactive material 
requirements. The NRC will not be accepting verbal or written comments 
at the public meeting. All comments must be submitted as indicated in 
the ADDRESSES section of this document.
    The meeting will be held on December 5-6, 2016, at Two White Flint 
North, 11545 Rockville Pike, Rockville, MD 20852-2738, between 9:00 
a.m. and 5:00 p.m. in Room T02B03. Public access to the meeting room is 
through the adjacent building located at One White Flint North, 11555 
Rockville Pike.
    This is a Category 3 meeting. Public participation is actively 
sought for this meeting to fully engage the public in a discussion of 
regulatory issues. The purpose of the meeting is for the NRC to present 
the potential changes to the requirements in 10 CFR part 71.
    The NRC provides reasonable accommodation to individuals with 
disabilities where appropriate. If reasonable accommodation is needed 
to participate in this meeting, or if a meeting notice or other 
information about this meeting is needed in another format (e.g., 
Braille, large print), please notify the individual listed in the FOR 
FURTHER INFORMATION CONTACT section in this document. Determinations on 
requests for reasonable accommodation will be made on a case-by-case 
basis.
    Individuals should monitor the NRC's public meeting Web page for 
information about the public meeting at: http://www.nrc.gov/public-involve/public-meetings/index.cfm where the telephone bridge line and 
passcode for the meeting will be available. All individuals should 
register their attendance for the meeting by contacting the individual 
listed in the FOR FURTHER INFORMATION CONTACT section in this document, 
or by completing the webinar registration at the NRC's public meeting 
Web page.
    The NRC may post additional materials to the Federal rulemaking Web 
site at www.regulations.gov, under Docket ID NRC-2016-0179. The Federal 
rulemaking Web site allows you to receive alerts when changes or 
additions occur in a docket folder. To subscribe: (1) Navigate to the 
docket folder (NRC-2016-0179); (2) click the ``Sign up for Email 
Alerts'' link; and (3) enter your email address and select how 
frequently you would like to receive emails (daily, weekly, or 
monthly).

VI. Cumulative Effects of Regulation (CER)

    The NRC has implemented a program to address the possible 
cumulative effects of regulation (CER), in the development of a 
regulatory basis for a rulemaking. The CER describes the challenges 
that licensees or other impacted entities (such as shippers, receivers, 
carriers, and State regulatory agencies) may face while implementing 
new or revised regulatory positions, programs, and requirements (e.g., 
rules, generic letters, backfits, inspections). The CER is an 
organizational effectiveness challenge that results from a licensee or 
impacted entity implementing a number of complex positions, programs, 
or requirements within a limited implementation period and with 
resources which may lack expertise to address a specific issue. The NRC 
is specifically requesting comment on the cumulative effects that may 
result from the potential changes in 10 CFR part 71. In developing 
comments on the potential changes relative to CER, consider the 
following questions:
    (1) In light of any current or projected CER challenges, what 
should be a reasonable effective date, compliance date, or submittal 
date(s) from the time a final rule is published to the actual 
implementation of new or revised requirements in 10 CFR part 71 
including changes to programs, procedures, or facilities?
    (2) If current or projected CER challenges exist, what should be 
done to address this situation? For example if more time is required to 
implement a new or revised requirement, what period of time would be 
sufficient and why would such a time frame is necessary?
    (3) Do other regulatory actions (e.g., orders, generic 
communications, license amendment requests, and inspection findings of 
a generic nature) from the NRC, DOT or other agencies influence the 
implementation of a new or revised requirement?
    (4) Are there unintended consequences? Does a new or revised 
requirement create conditions that would be contrary to the 
requirement's intent? If so, what are the consequences and how should 
they be addressed?
    (5) Please provide information on the costs and benefits for a new 
or revised requirement. The information should be expressed as a 
realistic range of estimated costs and benefits. This information would 
be used for the NRC's regulatory analysis of the proposed changes.

VII. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal 
agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

VIII. Rulemaking Process

    The NRC does not intend to provide formal comment responses for 
information provided from the public comment period on the issues 
paper. The NRC will consider comments on the issues paper in the rule 
development process. If the NRC develops a regulatory basis sufficient 
to support a proposed rule, there will be an opportunity for additional 
public comment when the draft regulatory basis and the proposed rule 
are published. If supporting guidance is developed for the proposed 
rule, stakeholders will have an opportunity to

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provide feedback on it as well. Alternatively, if the regulatory basis 
does not provide sufficient support for a proposed rule, the NRC will 
publish a Federal Register document withdrawing this rulemaking 
activity and addressing the public comments received on the issues 
paper.

    Dated at Rockville, Maryland, this 1st day of November, 2016.

    For the Nuclear Regulatory Commission.
Mark D. Lombard,
Director, Division of Spent Fuel Management.
[FR Doc. 2016-27944 Filed 11-18-16; 8:45 am]
 BILLING CODE 7590-01-P