Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Proposed Rules 57007 

You can access publicly available 

documents related to this notice using 

the following methods: 

• NRC’s Public Document Room 

(PDR): The public may examine and 

have copied, for a fee, publicly available 

documents at the NRC’s PDR, O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available online in the NRC Library at 

http://www.nrc.gov/reading-rm/ 

adams.html. From this page, the public 

can gain entry into ADAMS, which 

provides text and image files of the 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. The draft RIS is 

available electronically under ADAMS 

Accession Number ML111510163. 

• Federal Rulemaking Web Site: 

Public comments and supporting 

materials related to this notice can be 

found at http://www.regulations.gov by 

searching on Docket ID NRC–2011– 

0146. 

Discussion 

On October 1, 2007 (72 FR 55864), the 

NRC published a final rule that 

amended its regulations to include 

jurisdiction over discrete sources of 

radium-226, accelerator-produced 

radioactive materials, and discrete 

sources of naturally occurring 

radioactive material, as required by the 

Energy Policy Act of 2005, which was 

signed into law on August 8, 2005 

(NARM Rule). In order to clarify those 

discrete sources of radium-226 under 

military control that are subject to NRC 

regulation, as interpreted in the 

statement of considerations to the 

NARM Rule, on July 8, 2011 (76 FR 

40282), the NRC published for public 

comment the proposed draft RIS 2011– 

XX; NRC Regulation of Military 

Operational Radium-226. On August 29, 

2011, the NRC received a request from 

the U.S. Department of Defense (DoD) 

for a meeting with the NRC staff and an 

extension of the comment period. In 

response to the request for DoD, the 

NRC has decided to reopen the 

comment period for an additional 75 

days. The NRC staff will schedule the 

public meeting for a date that has yet to 

be determined. Notice of this public 

meeting will be provided through the 

NRC’s Web site. 

Dated at Rockville, Maryland, this 8th day 

of September 2011. 

For the Nuclear Regulatory Commission. 

Keith I. McConnell, 

Deputy Director, Decommissioning and 

Uranium Recover Licensing Directorate, 

Division of Waste Management and 

Environmental Protection, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. 2011–23636 Filed 9–14–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

RIN 1904–AC62 

Efficiency and Renewables Advisory 

Committee, Appliance Standards 

Subcommittee, Negotiated Rulemaking 

Subcommittee/Working Group for LowVoltage Dry-Type Distribution 

Transformers 

AGENCY: Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This document announces an 

open meeting of the Negotiated 

Rulemaking Working Group for LowVoltage Dry-Type Distribution 

Transformers (hereafter ‘‘LV Group’’). 

The LV Group is a working group 

within the Appliance Standards 

Subcommittee of the Efficiency and 

Renewables Advisory Committee 

(ERAC). The purpose of the LV Group 

is to discuss and, if possible, reach 

consensus on a proposed rule for 

regulating the energy efficiency of 

distribution transformers, as authorized 

by the Energy Policy Conservation Act 

(EPCA) of 1975, as amended, 42 U.S.C. 

6313(a)(6)(C) and 6317(a). A separate 

Working Group on Liquid-Immersed 

and Medium-Voltage Dry Type 

Distribution Transformers is being 

convened to discuss and, if possible, 

reach consensus on a proposed rule for 

regulating the energy efficiency of 

medium-voltage and liquid-immersed 

transformers, as authorized by the 

Energy Policy Conservation Act (EPCA) 

of 1975, as amended, 42 U.S.C. 

6313(a)(6)(C) and 6317(a) [FR Doc. 

2011–19263]. 

DATES: Wednesday, September 28, 2011, 

9 a.m.–5 p.m. 

ADDRESSES: Department of Energy, 

Forrestal Building, 1000 Independence 

Avenue, SW., Room 8E–089, 

Washington, DC 20585. Please arrive at 

least 30 minutes early for building entry 

requirements. Please view the Public 

Participation section for more 

information. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky, U.S. Department of Energy, 

Office of Building Technologies (EE–2J), 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1692. E-mail: 

John.Cymbalsky@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Background: The Department of 

Energy has decided to use the 

negotiated rulemaking process to 

develop proposed energy efficiency 

standards for distribution transformers. 

The primary reasons for using the 

negotiated rulemaking process for 

developing a proposed Federal standard 

is that stakeholders strongly support a 

consensual rulemaking effort and DOE 

believes such a regulatory negotiation 

process will be less adversarial and 

better suited to resolving the complex 

technical issues raised by this 

rulemaking. An important virtue of 

negotiated rulemaking is that it allows 

expert dialog that is much better than 

traditional techniques at getting the 

facts and issues right and will result in 

a proposed rule that will effectively 

reflect Congressional intent. 

A regulatory negotiation will enable 

DOE to engage in direct and sustained 

dialog with informed, interested, and 

affected parties when drafting the 

proposed regulation that is then 

presented to the public for comment. 

Gaining this early understanding of all 

parties’ perspectives allows DOE to 

address key issues at an earlier stage of 

the process, thereby allowing more time 

for an iterative process to resolve issues. 

A rule drafted by negotiation with 

informed and affected parties is more 

likely to maximize benefits while 

minimizing unnecessary costs than one 

conceived or drafted without the 

opportunity for sustained dialog among 

interested and expert parties. DOE 

anticipates that there will be a need for 

fewer substantive changes to a proposed 

rule developed under a regulatory 

negotiation process prior to the 

publication of a final rule. 

To the maximum extent possible, 

consistent with the legal obligations of 

the Department, DOE will use the 

consensus of the advisory committee or 

subcommittee as the basis for the rule 

the Department proposes for public 

notice and comment. 

Membership: The Members of the LV 

Group were chosen from nominations 

submitted in response to the 

Department of Energy’s call for 

nominations published in the Federal 

Register on Friday, August 12, 2011 [FR 

Doc. 2011–20541]. The selections are 

designed to ensure a broad and balanced 

array of stakeholder interests and 


wreier-aviles on DSKGBLS3C1PROD with PROPOSALS
57008 Federal Register / Vol. 76, No. 179 / Thursday, September 15, 2011 / Proposed Rules 

expertise on the negotiating working 

group for the purpose of developing a 

rule that is legally and economically 

justified, technically sound, fair to all 

parties, and in the public interest. All 

meetings are open to all stakeholders 

and the public, and participation by all 

is welcome within boundaries as 

required by the orderly conduct of 

business. Considerations are still being 

made for additional membership, but 

the current Members of the LV Group 

are as follows: 

• Tim Ballo (Earthjustice). 

• Scott Beck (Lakeview Metals). 

• Eric Petersen (AK Steel). 

• Gary Fernstrom (PG&E). 

• Andrew DeLaski (ASAP). 

• Robin Roy (NRDC). 

• Steve Nadel (ACEEE). 

• Eduardo Robles (Eaton). 

• Robert Greeson (Federal Pacific). 

• Vijay Tendulkar (ONYX Power). 

• Chad Kennedy (Schneider). 

• John Caskey (NEMA). 

• Millure David (Metglas). 

• John Cymbalsky (U.S. Department 

of Energy). 

• Mark Stoering (Xcel Energy). 

Purpose of the Meeting: To launch the 

process of seeking consensus on a 

proposed rule for setting standards for 

the energy efficiency of low-voltage dry 

type distribution transformers, as 

authorized by the Energy Policy 

Conservation Act (EPCA) of 1975, as 

amended, 42 U.S.C. 6313(a)(6)(C) and 

6317(a). 

Tentative Agenda: The meeting will 

start at 9 a.m. and will conclude at 

5 p.m. on Wednesday, September 28, 

2011, in room 8E–089 at DOE’s, 

Forrestal Building, 1000 Independence 

Avenue, SW., Washington, DC 20585. 

The tentative meeting agenda includes 

introductions, agreement on facilitator 

and rules of procedure, presentations 

from DOE consultants on the results of 

their revised analysis of alternative 

candidate standard levels, and 

identification of the issues to be 

addressed by the negotiations, and any 

outstanding data needs. 

Public Participation: Members of the 

public are welcome to observe the 

business of the meetings and to make 

comments related to the issues being 

discussed at appropriate points, when 

called on by the moderator. The 

facilitator will make every effort to hear 

the views of all interested parties, 

within limits, required for the orderly 

conduct of business. To attend the 

meeting and/or to make oral statements 

regarding any of the items on the 

agenda, e-mail erac@ee.doe.gov no later 

than 5 p.m., Thursday, September 22, 

2011. Please include ‘‘LV Work Group 

092811’’ in the subject line of the 

message. An early confirmation of 

attendance will help facilitate access to 

the building more quickly. In the e-mail, 

please provide your name, organization, 

citizenship and contact information. 

Space is limited. 

Anyone attending the meeting will be 

required to present government-issued 

identification. Foreign nationals will be 

required, per DOE security protocol, to 

complete a questionnaire, no later than, 

one week prior to the meeting, 

Thursday, September 22, 2011. 

Participation in the meeting is not a 

prerequisite for submission of written 

comments. ERAC invites written 

comments from all interested parties. If 

you would like to file a written 

statement with the committee, you may 

do so either by submitting a hard or 

electronic copy before or after the 

meeting. Electronic copy of written 

statements should be e-mailed to 

erac@ee.doe.gov. 

Minutes: The minutes of the meeting 

will be available for public review at 

http://www.erac.energy.gov. 

Issued at Washington, DC, on September 8, 

2011. 

LaTanya R. Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. 2011–23634 Filed 9–14–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Part 252 

[Docket No. DOT–OST–2011–0044] 

RIN 2105–AE06 

Smoking of Electronic Cigarettes on 

Aircraft 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The Department of 

Transportation is proposing to amend 

its existing airline smoking rule to 

explicitly ban the use of electronic 

cigarettes on all aircraft in scheduled 

passenger interstate, intrastate and 

foreign air transportation. The 

Department is taking this action because 

of the increased promotion of electronic 

cigarettes and the potential health and 

passenger comfort concerns that they 

pose in an aircraft. The Department is 

also considering whether to extend the 

ban on smoking (including electronic 

cigarettes) to charter flights of air 

carriers (i.e. U.S. carriers) and foreign air 

carriers with aircraft that have a 

designed seating capacity of 19 or more 

passenger seats. 

DATES: Comments should be filed by 

November 14, 2011. Late-filed 

comments will be considered to the 

extent possible. 

ADDRESSES: You may file comments 

identified by the docket number DOT– 

OST–2011–0044 by any of the following 

methods: 

• Federal eRulemaking Portal: go to 

http://www.regulations.gov and follow 

the online instructions for submitting 

comments. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Ave., SE between 

9 a.m. and 5 p.m. E.T., Monday through 

Friday, except Federal Holidays. 

• Fax: 202–493–2251. 

Instructions: You must include the 

agency name and docket number DOT– 

OST–2010–XXXX or Regulatory 

Identification Number (RIN) for the 

rulemaking at the beginning of your 

comment. All comments will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received in any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment if 

submitted on behalf of an association, a 

business, or labor union, etc.). You may 

review DOT’s complete Privacy Act 

statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78), or you may visit http:// 

DocketsInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or to the street 

address listed above. Follow the online 

instructions for accessing the docket. 

FOR FURTHER INFORMATION CONTACT: 

Laura E. Jennings, Trial Attorney, Office 

of the Assistant General Counsel for 

Aviation Enforcement and Proceedings, 

U.S. Department of Transportation, 1200 

New Jersey Ave., SE., Washington, DC 

20590, 202–366–9342 (phone), 202– 

366–7152 (fax), laura.jennings@dot.gov. 

You may also contact Blane A. Workie, 

Deputy Assistant General Counsel, 

Office of the Assistant General Counsel 

for Aviation Enforcement and 

Proceedings, U.S. Department of 

Transportation, 1200 New Jersey Ave., 

SE., Washington, DC 20590, 202–366– 


wreier-aviles on DSKGBLS3C1PROD with PROPOSALS