81_FR_83395 81 FR 83171 - Revisions to Transportation Safety Requirements and Compatibility With International Atomic Energy Agency Transportation Standards

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)

Page Range83171-83174
FR Document2016-27944

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 Issue 224 (Monday, November 21, 2016)
[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.

-----------------------------------------------------------------------

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

[[Page 83174]]

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



                                                                           Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Proposed Rules                                                83171

                                                      governmental jurisdictions subject to                   proposed rule include simplification of                  (1) The employee is subject to
                                                      regulation. To achieve this principle,                  the identification of nonexempt                       § 551.211 (Effect of performing different
                                                      agencies are required to solicit and                    employees, inclusion of a mechanism to                work or duties for a temporary period of
                                                      consider flexible regulatory proposals                  prevent the rule from becoming                        time on FLSA exemption status); or
                                                      and to explain the rationale for their                  outdated, and harmonization with                         (2) The employee is subject to
                                                      actions to assure that such proposals are               Department of Labor FLSA regulations.                 § 551.212 (Foreign exemption criteria);
                                                      given serious consideration.’’                          Additionally, the proposed rule                       or
                                                         The RFA covers a wide range of small                 provides equity in the treatment of                      (3) The employee is a professional
                                                      entities, including small businesses,                   Federal and private sector FLSA                       engaged in the practice of law or
                                                      not-for-profit organizations, and small                 minimum wage and overtime pay                         medicine as prescribed in paragraphs (c)
                                                      governmental jurisdictions. Agencies                    treatment. The Office does not foresee                and (d) of § 551.208.
                                                      must perform a review to determine                      any burdens to the public.                               (b) For the purpose of this section,
                                                      whether a rule will have a significant                                                                        ‘‘rate of basic pay’’ means the rate of pay
                                                      economic impact on a substantial                        Executive Order 13132—Federalism
                                                                                                                                                                    fixed by law or administrative action for
                                                      number of small entities. If the agency                   This rule will not have substantial                 the position held by an employee,
                                                      determines that it will, the agency must                direct effects on the States, on the                  including any applicable locality
                                                      prepare a regulatory flexibility analysis               relationship between the national                     payment under 5 CFR part 531, subpart
                                                      as described in the RFA. However, if an                 government and the States, or on the                  F, special rate supplement under 5 CFR
                                                      agency determines that a rule is not                    distribution of power and                             part 530, subpart C, or similar payment
                                                      expected to have a significant economic                 responsibilities among the various                    or supplement under other legal
                                                      impact on a substantial number of small                 levels of government. Therefore, in                   authority, before any deductions and
                                                      entities, section 605(b) of the RFA                     accordance with section 6 of Executive                exclusive of additional pay of any other
                                                      provides that the head of the agency                    Order 13132, this rule does not have                  kind, such as premium payments,
                                                      may so certify and a regulatory                         sufficient federalism implications to                 differentials, and allowances.
                                                      flexibility analysis is not required. The               warrant the preparation of a federalism                  (c) Beginning on January 1, 2020, and
                                                      certification must include a statement                  summary impact statement.                             every three years thereafter, the salary-
                                                      providing the factual basis for this                                                                          based nonexemption level will be
                                                                                                              Executive Order 12988—Civil Justice
                                                      determination, and the reasoning should                                                                       updated to equal the annualized
                                                                                                              Reform
                                                      be clear. These regulations will not have                                                                     earnings amount of the 40th percentile
                                                      a significant economic impact on a                        This rule meets the applicable                      of weekly earnings of full-time non-
                                                      substantial number of small entities                    standards set forth in sections 3(a) and              hourly workers in the lowest-wage
                                                      because they would apply only to                        3(b)(2) of Executive Order 12988.                     Census Region in the second quarter of
                                                      Federal agencies and employees.                         Paperwork Reduction Act                               the year preceding the update as
                                                      Unfunded Mandates Reform Act of                           The provisions of the Paperwork                     published by the Bureau of Labor
                                                      1995                                                    Reduction Act of 1995, Public Law 104–                Statistics.
                                                        This rule will not result in the                      13, 44 U.S.C. chapter 35, and its                     [FR Doc. 2016–27887 Filed 11–18–16; 8:45 am]
                                                      expenditure by State, local, and tribal                 implementing regulations, 5 CFR part                  BILLING CODE 6325–39–P

                                                      governments, in the aggregate, or by the                1320, do not apply to this proposed rule
                                                      private sector, of $100 million or more                 because there are no new or revised
                                                      in any one year, and it will not                        recordkeeping or reporting                            NUCLEAR REGULATORY
                                                      significantly or uniquely affect small                  requirements.                                         COMMISSION
                                                      governments. Therefore, no actions were                 List of Subjects in 5 CFR Part 551
                                                      deemed necessary under the provisions                                                                         10 CFR Part 71
                                                      of the Unfunded Mandates Reform Act                       Government employees, and wages.                    [NRC–2016–0179]
                                                      of 1995.                                                U.S. Office of Personnel Management.
                                                                                                                                                                    RIN 3150–AJ85
                                                                                                              Beth F. Cobert,
                                                      Executive Orders 12866 and 13563—
                                                      Regulatory Planning and Review                          Acting Director.                                      Revisions to Transportation Safety
                                                         OPM has determined that this rule is                    Accordingly, OPM proposes to amend                 Requirements and Compatibility With
                                                      not a ‘‘significant regulatory action’’                 title 5, Code of Federal Regulations, part            International Atomic Energy Agency
                                                      under section 3(f) of Executive Order                   551, as follows:                                      Transportation Standards
                                                      12866, ‘‘Regulatory Planning and                        PART 551—PAY ADMINISTRATION                           AGENCY: Nuclear Regulatory
                                                      Review’’. Nevertheless, the Office                      UNDER THE FAIR LABOR                                  Commission.
                                                      certifies that this regulation has been                 STANDARDS ACT                                         ACTION: Notice of issues paper, public
                                                      drafted in accordance with the                                                                                meeting, and request for comment.
                                                      principles of Executive Order 12866,                    ■ 1. The authority citation for part 551
                                                      section 1(b), and Executive Order 13563,                continues to read as follows:                         SUMMARY:    The U.S. Nuclear Regulatory
                                                      ‘‘Improving Regulation and Regulatory                     Authority: 5 U.S.C. 5542(c); Sec. 4(f) of the       Commission (NRC) is considering a
                                                      Review.’’ Executive Orders 12866 and                                                                          potential amendment to its regulations
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                                                                                                              Fair Labor Standards Act of 1938, as
                                                      13563 direct agencies to assess all costs               amended by Pub. L. 93–259, 88 Stat. 55 (29            that would revise the regulations on
                                                      and benefits of available regulatory                    U.S.C. 204(f)).                                       packaging and transporting radioactive
                                                      alternatives and, if regulation is                      ■   2. Revise § 551.203 to read as follows:           material. The NRC is gathering
                                                      necessary, to select regulatory                                                                               information about potential changes that
                                                      approaches that maximize net benefits,                  § 551.203    Salary-based nonexemption.               may be proposed in a subsequent
                                                      including consideration of potential                      (a) An employee, including a                        rulemaking activity. The NRC is
                                                      economic, environmental, public health,                 supervisory employee, whose annual                    requesting public comment on the
                                                      and safety effects, distributive impacts,               rate of basic pay is less than $47,476 is             issues paper about potential changes
                                                      and equity. The benefits of this                        nonexempt, unless:                                    that is referenced in this document. The


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                                                      83172                Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Proposed Rules

                                                      NRC plans to hold a public meeting to                   (ADAMS): You may obtain publicly-                     2018. Further, as described below, the
                                                      promote full understanding of the issues                available documents online in the                     NRC is considering other changes to 10
                                                      paper and to facilitate public comment.                 ADAMS Public Documents collection at                  CFR part 71 that are not related to SSR–
                                                      DATES: Submit comments by January 20,                   http://www.nrc.gov/reading-rm/                        6.
                                                      2017. Comments received after this date                 adams.html. To begin the search, select                  To facilitate discussion and public
                                                      will be considered if it is practical to do             ‘‘ADAMS Public Documents’’ and then                   comments, the NRC has prepared an
                                                      so, but the NRC is able to ensure                       select ‘‘Begin Web-based ADAMS                        issues paper that describes potential
                                                      consideration only for comments                         Search.’’ For problems with ADAMS,                    rulemaking issues (IAEA and non-IAEA-
                                                      received before this date. A public                     please contact the NRC’s Public                       related) for the next revision to 10 CFR
                                                      meeting will be held December 5–6,                      Document Room (PDR) reference staff at                part 71. The issues paper will be posted
                                                      2016.                                                   1–800–397–4209, 301–415–4737, or by                   at http://www.regulations.gov/
                                                                                                              email to pdr.resource@nrc.gov.                        docket?D=NRC-2016-0179.
                                                      ADDRESSES: You may submit comments
                                                                                                                 • NRC’s PDR: You may examine and                      The issues paper was developed in
                                                      by any of the following methods:                                                                              coordination with the U.S. Department
                                                                                                              purchase copies of public documents at
                                                         • Federal Rulemaking Web site: Go to
                                                                                                              the NRC’s PDR, Room O1–F21, One                       of Transportation (DOT), because the
                                                      http://www.regulations.gov and search
                                                                                                              White Flint North, 11555 Rockville                    DOT and the NRC co-regulate
                                                      for Docket ID NRC–2016–0179. Address
                                                                                                              Pike, Rockville, Maryland 20852.                      transportation of radioactive materials
                                                      questions about NRC dockets to Carol                                                                          in the United States and have
                                                      Gallagher; telephone: 301–415–3463;                     B. Submitting Comments                                historically coordinated to harmonize
                                                      email: Carol.Gallagher@nrc.gov. For                       Please include Docket ID NRC–2016–                  their respective regulations to these
                                                      technical questions contact the                         0179 in your comment submission.                      IAEA revisions through the rulemaking
                                                      individual listed in the FOR FURTHER                      The NRC cautions you not to include                 process. Coordination ensures that
                                                      INFORMATION CONTACT section of this                     identifying or contact information that               consistent regulatory standards are
                                                      document.                                               you do not want to be publicly                        maintained between the NRC’s and the
                                                         • Email comments to:                                 disclosed in your comment submission.                 DOT’s radioactive material
                                                      Rulemaking.Comments@nrc.gov. If you                     The NRC will post all comment                         transportation regulations, and
                                                      do not receive an automatic email reply                 submissions at http://                                coordinated publication of any final
                                                      confirming receipt, then contact us at                  www.regulations.gov as well as entering               rules and associated regulatory guidance
                                                      301–415–1677.                                           the comment submissions into ADAMS.                   documents by each agency.
                                                         • Fax comments to: Secretary, U.S.                   The NRC does not routinely edit
                                                      Nuclear Regulatory Commission at 301–                   comment submissions to remove                         III. Regulatory Objectives
                                                      415–1101.                                               identifying or contact information.                      The NRC identified changes made in
                                                         • Mail comments to: Secretary, U.S.                    If you are requesting or aggregating                SSR–6 published in 2012 by comparing
                                                      Nuclear Regulatory Commission,                          comments from other persons for                       it to the previous revision of SSR–6
                                                      Washington, DC 20555–0001, ATTN:                        submission to the NRC, then you should                published in 2009, and then identified
                                                      Rulemakings and Adjudications Staff.                    inform those persons not to include                   affected sections of 10 CFR part 71.
                                                         • Hand deliver comments to: 11555
                                                                                                              identifying or contact information that               Based on this comparison, the NRC
                                                      Rockville Pike, Rockville, Maryland
                                                                                                              they do not want to be publicly                       identified compatibility issues to
                                                      20852, between 7:30 a.m. and 4:15 p.m.
                                                                                                              disclosed in their comment submission.                potentially be addressed through the
                                                      (Eastern Time) Federal workdays;
                                                                                                              Your request should state that the NRC                rulemaking process. The NRC also
                                                      telephone: 301–415–1677.
                                                         For additional direction on obtaining                does not routinely edit comment                       identified changes based on the current
                                                      information and submitting comments,                    submissions to remove such information                draft of the new revision of SSR–6,
                                                      see ‘‘Obtaining Information and                         before making the comment                             which is expected to be published in
                                                      Submitting Comments’’ in the                            submissions available to the public or                2018. These issues are discussed in
                                                      SUPPLEMENTARY INFORMATION section of
                                                                                                              entering the comment into ADAMS.                      greater detail in the issues paper that
                                                      this document.                                                                                                will be posted at http://
                                                                                                              II. Background
                                                                                                                                                                    www.regulations.gov/docket?D=NRC-
                                                      FOR FURTHER INFORMATION CONTACT:                           In accordance with Commission                      2016-0179. The NRC identified
                                                      Emma Wong, Office of Nuclear Material                   direction, the NRC has initiated a                    additional potential issues for
                                                      Safety and Safeguards, U.S. Nuclear                     rulemaking effort that addresses the                  incorporation in the rulemaking action
                                                      Regulatory Commission, Washington,                      need to make the regulations in part 71               that are also discussed in the issues
                                                      DC 20555–0001; telephone: 301–415–                      of title 10 of the Code of Federal                    paper (i.e., changes related to
                                                      7091; Emma.Wong@nrc.gov.                                Regulations (10 CFR), ‘‘Packaging and                 harmonization with DOT regulations
                                                      SUPPLEMENTARY INFORMATION:                              Transportation of Radioactive Material,’’             and include administrative, editorial, or
                                                      I. Obtaining Information and                            compatible with the most current                      clarification matters).
                                                      Submitting Comments                                     revisions of the International Atomic
                                                                                                              Energy Agency (IAEA) Specific Safety                  IV. Specific Considerations
                                                      A. Obtaining Information                                Requirements (SSR) No. SSR–6,                            The NRC is seeking to gauge
                                                        Please refer to Docket ID NRC–2016–                   ‘‘Regulations for the Safe Transport of               perspectives from the public before
                                                      0179 when contacting the NRC about                      Radioactive Material,’’ (SSR–6). The                  proceeding to the development of the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      the availability of information for this                regulations in 10 CFR part 71 are based,              proposed rule. The NRC is particularly
                                                      action. You may obtain publicly-                        in general, on the specific safety                    interested in receiving comment and
                                                      available information related to this                   requirements developed by the IAEA.                   supporting rationale from the public
                                                      action by any of the following methods:                 The IAEA has been revising its                        about the potential changes in the
                                                        • Federal rulemaking Web site: Go to                  requirements on an approximate 10-year                packaging and transportation of
                                                      http://www.regulations.gov and search                   cycle, with the last edition of IAEA                  radioactive material requirements. The
                                                      for Docket ID NRC–2016–0179.                            SSR–6 published in 2012 and the                       following topics are discussed in the
                                                        • NRC’s Agencywide Documents                          current draft of the new revision of                  issues paper and will be discussed at
                                                      Access and Management System                            SSR–6 expected to be published in                     the public meeting:


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                                                                           Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Proposed Rules                                            83173

                                                      •  Aging                                                   The NRC provides reasonable                           (1) In light of any current or projected
                                                      •  Definitions                                          accommodation to individuals with                     CER challenges, what should be a
                                                      •  Fissile Materials                                    disabilities where appropriate. If                    reasonable effective date, compliance
                                                      •  Low Specific Activity (LSA)—III                      reasonable accommodation is needed to                 date, or submittal date(s) from the time
                                                      •  NRC-Identified Changes                               participate in this meeting, or if a                  a final rule is published to the actual
                                                      •  Reduced External Pressure                            meeting notice or other information                   implementation of new or revised
                                                         Requirement for Type A Package Test                  about this meeting is needed in another               requirements in 10 CFR part 71
                                                      • Solar Insolation                                      format (e.g., Braille, large print), please           including changes to programs,
                                                      • Surface Contaminated Object (SCO)—                    notify the individual listed in the FOR               procedures, or facilities?
                                                         III                                                  FURTHER INFORMATION CONTACT section                      (2) If current or projected CER
                                                      • Transitional Arrangements                             in this document. Determinations on                   challenges exist, what should be done to
                                                      • Type C Package                                        requests for reasonable accommodation                 address this situation? For example if
                                                      • UF6 Package                                           will be made on a case-by-case basis.                 more time is required to implement a
                                                                                                                 Individuals should monitor the NRC’s               new or revised requirement, what
                                                         Specifically, the NRC is interested in
                                                                                                              public meeting Web page for                           period of time would be sufficient and
                                                      public and industry comments related
                                                                                                              information about the public meeting at:              why would such a time frame is
                                                      to: (1) Quantitative information
                                                                                                              http://www.nrc.gov/public-involve/                    necessary?
                                                      expressed as a realistic range of
                                                                                                              public-meetings/index.cfm where the                      (3) Do other regulatory actions (e.g.,
                                                      estimated costs and benefits for the
                                                                                                              telephone bridge line and passcode for                orders, generic communications, license
                                                      potential changes described in the                      the meeting will be available. All                    amendment requests, and inspection
                                                      issues paper; (2) operational data about                individuals should register their                     findings of a generic nature) from the
                                                      radiation exposures (increased or                       attendance for the meeting by contacting              NRC, DOT or other agencies influence
                                                      reduced) that might result from                         the individual listed in the FOR FURTHER              the implementation of a new or revised
                                                      implementing the potential changes; (3)                 INFORMATION CONTACT section in this                   requirement?
                                                      whether the potential changes are                       document, or by completing the webinar                   (4) Are there unintended
                                                      appropriate; and (4) whether there are                  registration at the NRC’s public meeting              consequences? Does a new or revised
                                                      any additional changes that should be                   Web page.                                             requirement create conditions that
                                                      considered, and if so, the supporting                      The NRC may post additional                        would be contrary to the requirement’s
                                                      rationale and quantitative information                  materials to the Federal rulemaking Web               intent? If so, what are the consequences
                                                      for the additional change. The NRC will                 site at www.regulations.gov, under                    and how should they be addressed?
                                                      consider the stakeholders’ comments to                  Docket ID NRC–2016–0179. The Federal                     (5) Please provide information on the
                                                      help quantify the potential impact of                   rulemaking Web site allows you to                     costs and benefits for a new or revised
                                                      any proposed changes.                                   receive alerts when changes or additions              requirement. The information should be
                                                         The NRC will provide another                         occur in a docket folder. To subscribe:               expressed as a realistic range of
                                                      opportunity for public comment in any                   (1) Navigate to the docket folder (NRC–               estimated costs and benefits. This
                                                      subsequent proposed rule that may be                    2016–0179); (2) click the ‘‘Sign up for               information would be used for the
                                                      developed. Comments received in                         Email Alerts’’ link; and (3) enter your               NRC’s regulatory analysis of the
                                                      response to this Federal Register                       email address and select how frequently               proposed changes.
                                                      document will be considered in any                      you would like to receive emails (daily,
                                                      subsequent rulemaking process.                          weekly, or monthly).                                  VII. Plain Writing
                                                      V. Public Meeting                                                                                                The Plain Writing Act of 2010 (Pub.
                                                                                                              VI. Cumulative Effects of Regulation                  L. 111–274) requires Federal agencies to
                                                        The NRC will conduct a public                         (CER)
                                                                                                                                                                    write documents in a clear, concise, and
                                                      meeting to describe the issues paper and                   The NRC has implemented a program                  well-organized manner. The NRC has
                                                      answer clarifying questions from the                    to address the possible cumulative                    written this document to be consistent
                                                      public about the potential changes in                   effects of regulation (CER), in the                   with the Plain Writing Act as well as the
                                                      the packaging and transportation of                     development of a regulatory basis for a               Presidential Memorandum, ‘‘Plain
                                                      radioactive material requirements. The                  rulemaking. The CER describes the                     Language in Government Writing,’’
                                                      NRC will not be accepting verbal or                     challenges that licensees or other                    published June 10, 1998 (63 FR 31883).
                                                      written comments at the public meeting.                 impacted entities (such as shippers,                  The NRC requests comment on this
                                                      All comments must be submitted as                       receivers, carriers, and State regulatory             document with respect to the clarity and
                                                      indicated in the ADDRESSES section of                   agencies) may face while implementing                 effectiveness of the language used.
                                                      this document.                                          new or revised regulatory positions,
                                                        The meeting will be held on                           programs, and requirements (e.g., rules,              VIII. Rulemaking Process
                                                      December 5–6, 2016, at Two White Flint                  generic letters, backfits, inspections).                 The NRC does not intend to provide
                                                      North, 11545 Rockville Pike, Rockville,                 The CER is an organizational                          formal comment responses for
                                                      MD 20852–2738, between 9:00 a.m. and                    effectiveness challenge that results from             information provided from the public
                                                      5:00 p.m. in Room T02B03. Public                        a licensee or impacted entity                         comment period on the issues paper.
                                                      access to the meeting room is through                   implementing a number of complex                      The NRC will consider comments on the
                                                      the adjacent building located at One                    positions, programs, or requirements                  issues paper in the rule development
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS




                                                      White Flint North, 11555 Rockville                      within a limited implementation period                process. If the NRC develops a
                                                      Pike.                                                   and with resources which may lack                     regulatory basis sufficient to support a
                                                        This is a Category 3 meeting. Public                  expertise to address a specific issue. The            proposed rule, there will be an
                                                      participation is actively sought for this               NRC is specifically requesting comment                opportunity for additional public
                                                      meeting to fully engage the public in a                 on the cumulative effects that may                    comment when the draft regulatory
                                                      discussion of regulatory issues. The                    result from the potential changes in 10               basis and the proposed rule are
                                                      purpose of the meeting is for the NRC                   CFR part 71. In developing comments                   published. If supporting guidance is
                                                      to present the potential changes to the                 on the potential changes relative to CER,             developed for the proposed rule,
                                                      requirements in 10 CFR part 71.                         consider the following questions:                     stakeholders will have an opportunity to


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                                                      83174                Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Proposed Rules

                                                      provide feedback on it as well.                         institution or institution’’ and ‘‘State              I. Background
                                                      Alternatively, if the regulatory basis                  savings association.’’ Finally, the FDIC
                                                                                                                                                                    The Dodd-Frank Act
                                                      does not provide sufficient support for                 proposes to transfer an anticoercion and
                                                      a proposed rule, the NRC will publish                   antitying provision from the subpart                     The Dodd-Frank Act 1 provided for a
                                                      a Federal Register document                             that is applicable to State savings                   substantial reorganization of the
                                                      withdrawing this rulemaking activity                    associations.                                         regulation of State and Federal savings
                                                      and addressing the public comments                                                                            associations and their holding
                                                                                                                Upon removal of the subpart, the
                                                      received on the issues paper.                                                                                 companies. Beginning July 21, 2011, the
                                                                                                              Consumer Protection in Sales of
                                                                                                                                                                    transfer date established by section 311
                                                        Dated at Rockville, Maryland, this 1st day            Insurance, regulations applicable for all
                                                      of November, 2016.                                                                                            of the Dodd-Frank Act, codified at 12
                                                                                                              IDIs for which the FDIC has been
                                                                                                                                                                    U.S.C. 5411, the powers, duties, and
                                                        For the Nuclear Regulatory Commission.                designated the appropriate Federal
                                                                                                                                                                    functions formerly performed by the
                                                      Mark D. Lombard,                                        banking agency will be found in the
                                                                                                                                                                    OTS were divided among the FDIC, as
                                                      Director, Division of Spent Fuel Management.            part.
                                                                                                                                                                    to State savings associations, the Office
                                                      [FR Doc. 2016–27944 Filed 11–18–16; 8:45 am]                                                                  of the Comptroller of the Currency
                                                                                                              DATES: Comments must be received on
                                                      BILLING CODE 7590–01–P
                                                                                                              or before January 20, 2017.                           (‘‘OCC’’), as to Federal savings
                                                                                                                                                                    associations, and the Board of
                                                                                                              ADDRESSES:   You may submit comments                  Governors of the Federal Reserve
                                                      FEDERAL DEPOSIT INSURANCE                               by any of the following methods:                      System (‘‘FRB’’), as to savings and loan
                                                      CORPORATION                                                • FDIC Web site: http://www.fdic.gov/              holding companies. Section 316(b) of
                                                                                                              regulations/laws/federal/propose.html.                the Dodd-Frank Act, codified at 12
                                                      12 CFR Parts 343 and 390                                Follow instructions for submitting                    U.S.C. 5414(b), provides the manner of
                                                      RIN 3064–AE49                                           comments on the agency Web site.                      treatment for all orders, resolutions,
                                                                                                                 • FDIC Email: Comments@fdic.gov.                   determinations, regulations, and
                                                      Removal of Transferred OTS                              Include RIN #3064–AE49 on the subject                 advisory materials that had been issued,
                                                      Regulations Regarding Consumer                          line of the message.                                  made, prescribed, or allowed to become
                                                      Protection in Sales of Insurance and                                                                          effective by the OTS. The section
                                                      Amendments to FDIC Consumer                                • FDIC Mail: Robert E. Feldman,                    provides that if such materials were in
                                                      Protection in Sales of Insurance                        Executive Secretary, Attention:                       effect on the day before the transfer
                                                      Regulation                                              Comments, Federal Deposit Insurance                   date, they continue to be in effect and
                                                                                                              Corporation, 550 17th Street NW.,                     are enforceable by or against the
                                                      AGENCY: Federal Deposit Insurance                       Washington, DC 20429.                                 appropriate successor agency until they
                                                      Corporation.
                                                                                                                 • Hand Delivery to FDIC: Comments                  are modified, terminated, set aside, or
                                                      ACTION: Notice of proposed rulemaking.                  may be hand delivered to the guard                    superseded in accordance with
                                                      SUMMARY:     In this notice of proposed                 station at the rear of the 550 17th Street            applicable law by such successor
                                                      rulemaking, the Federal Deposit                         building (located on F Street) on                     agency, by any court of competent
                                                      Insurance Corporation (‘‘FDIC’’)                        business days between 7 a.m. and 5 p.m.               jurisdiction, or by operation of law.
                                                      proposes to rescind and remove from                        Please include your name, affiliation,                Section 316(c) of the Dodd-Frank Act,
                                                      the Code of Federal Regulations the                     address, email address, and telephone                 codified at 12 U.S.C. 5414(c), further
                                                      subpart entitled ‘‘Consumer Protection                  number(s) in your comment. Where                      directed the FDIC and the OCC to
                                                      in Sales of Insurance’’ (‘‘the subpart’’)               appropriate, comments should include a                consult with one another and to publish
                                                      that was included in the regulations                    short Executive Summary consisting of                 a list of the continued OTS regulations
                                                      transferred to the FDIC from the Office                 no more than five single-spaced pages.                that would be enforced by the FDIC and
                                                      of Thrift Supervision (‘‘OTS’’) on July                 All statements received, including                    the OCC, respectively. On June 14, 2011,
                                                      21, 2011 in connection with the                         attachments and other supporting                      the FDIC’s Board of Directors approved
                                                      implementation of applicable provisions                 materials, are part of the public record              a ‘‘List of OTS Regulations to be
                                                      of title III of the Dodd-Frank Wall Street              and are subject to public disclosure.                 enforced by the OCC and the FDIC
                                                      Reform and Consumer Protection Act                      You should submit only information                    Pursuant to the Dodd-Frank Wall Street
                                                      (‘‘Dodd-Frank Act’’). The requirements                  that you wish to make publicly                        Reform and Consumer Protection Act.’’
                                                      for State savings associations in this                  available.                                            This list was published by the FDIC and
                                                      subpart are substantively similar to the                                                                      the OCC as a Joint Notice in the Federal
                                                                                                                Please note: All comments received will be          Register on July 6, 2011.2
                                                      requirements in the FDIC’s part which                   posted generally without change to http://               Although section 312(b)(2)(B)(i)(II) of
                                                      is also entitled ‘‘Consumer Protection in               www.fdic.gov/regulations/laws/federal/                the Dodd-Frank Act, codified at 12
                                                      Sales of Insurance’’ (‘‘the part’’) and is              propose.html, including any personal                  U.S.C. 5412(b)(2)(B)(i)(II), granted the
                                                      applicable for all insured depository                   information provided. Paper copies of public          OCC rulemaking authority relating to
                                                      institutions (‘‘IDIs’’) for which the FDIC              comments may be requested from the Public             both State and Federal savings
                                                      has been designated the appropriate                     Information Center by telephone at 1–877–             associations, nothing in the Dodd-Frank
                                                      Federal banking agency.                                 275–3342 or 1–703–562–2200.
                                                         The FDIC proposes to rescind in its                                                                        Act affected the FDIC’s existing
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                                                      entirety the subpart and to modify the                                                                        authority to issue regulations under the
                                                                                                              FOR FURTHER INFORMATION CONTACT:
                                                      scope of the part to include State                                                                            Federal Deposit Insurance Act (‘‘FDI
                                                                                                              Martha L. Ellett, Counsel, Consumer
                                                      savings associations and their                                                                                Act’’) and other laws as the ‘‘appropriate
                                                                                                              Compliance Section, Legal Division,
                                                      subsidiaries to conform to and reflect                                                                        Federal banking agency’’ or under
                                                                                                              (202) 898–6765; John Jackwood, Sr.
                                                      the scope of the FDIC’s current                                                                               similar statutory terminology. Section
                                                                                                              Policy Analyst, Division of Depositor
                                                      supervisory responsibilities as the                     and Consumer Protection, (202) 898–                     1 Dodd-Frank Wall Street Reform and Consumer
                                                      appropriate Federal banking agency.                     3991.                                                 Protection Act, Public Law 111–203, 124 Stat. 1376
                                                      The FDIC also proposes to define                                                                              (2010) (codified at 12 U.S.C. 5301 et seq.).
                                                      ‘‘FDIC-supervised insured depository                    SUPPLEMENTARY INFORMATION:                              2 76 FR 39247 (July 6, 2011).




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Document Created: 2018-02-14 08:34:21
Document Modified: 2018-02-14 08:34:21
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of issues paper, public meeting, and request for comment.
DatesSubmit 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.
ContactEmma Wong, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7091; [email protected]
FR Citation81 FR 83171 
RIN Number3150-AJ85

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