This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

7819 

Vol. 86, No. 20 

Tuesday, February 2, 2021 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 30 and 32 

[Docket No. NRC–2015–0017] 

RIN 3150–AJ54 

Items Containing Byproduct Material 

Incidental to Production 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory basis; request for 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is requesting 

comment on a regulatory basis to 

support developing a rulemaking that 

would amend its regulations by adding 

a new class exemption from licensing 

and associated distribution 

requirements. This new class exemption 

would create a path for licensing current 

and future products that contain 

byproduct material incidental to their 

production. The rulemaking would 

resolve a petition for rulemaking (PRM), 

PRM–30–65, submitted by GE 

Osmonics, Inc. on April 18, 2011, 

requesting changes to the regulations to 

allow commercial distribution and 

redistribution of polycarbonate track 

etched membranes. 

DATES: Submit comments by April 5, 

2021. 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. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal Rulemaking Website: 

• Federal Rulemaking Website: Go to

https://www.regulations.gov and search 

for Docket ID NRC–2015–0017. Address 

questions about NRC dockets to Dawn 

Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individual(s) listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Email comments to:

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

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: 

Alexa Sieracki, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–7509; email: Alexa.Sieracki@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and

Submitting Comments

A. Obtaining Information

Please refer to Docket ID NRC–2015–

0017 when contacting the NRC about 

the availability of information for this 

action. You may obtain publiclyavailable information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to

https://www.regulations.gov and search 

for Docket ID NRC–2015–0017. 

• NRC’s Agencywide Documents

Access and Management System 

(ADAMS): You may obtain publiclyavailable documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, 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 

PDR.Resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• Attention: The Public Document

Room (PDR), where you may examine 

and order copies of public documents is 

currently closed. You may submit your 

request to the PDR via email at 

PDR.Resource@nrc.gov or call 1–800– 

397–4209 between 8:00 a.m. and 4:00 

p.m. (EST), Monday through Friday,

except Federal holidays.

B. Submitting Comments

The NRC encourages electronic

comment submission through the 

Federal Rulemaking Website (https://

www.regulations.gov). Please include 

Docket ID NRC–2015–0017 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 https://

www.regulations.gov as well as enter 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. Discussion

To facilitate early stakeholder

engagement on the rulemaking process, 

the NRC is requesting comment on a 

regulatory basis to support a rulemaking 

that would amend (1) part 30 of title 10 

of the Code of Federal Regulations (10 

CFR), ‘‘Rules of General Applicability to 

Domestic Licensing of Byproduct 

Material,’’ by adding a new class 

exemption from licensing requirements 

for items containing byproduct material 

incidental to their production, and (2) 

10 CFR part 32, ‘‘Specific Domestic 

Licenses to Manufacture or Transfer 

Certain Items Containing Byproduct 

Material,’’ licensing requirements for 

distribution of those items. 

The regulatory basis is developed as 

a precursor to a proposed rule and 

describes the NRC’s preferred approach 

for resolving PRM–30–65. The 

rulemaking would close the regulatory 

gap for these irradiated products, create 

appropriate criteria for evaluating 

public health and safety impacts of 

these products, reduce burden on 

existing licensees, and provide 

consistency for regulating products 

within this class. 


jbell on DSKJLSW7X2PROD with PROPOSALS
7820 Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Proposed Rules 

The NRC will consider any comments 

received on the regulatory basis in the 

development of the proposed and final 

rule and will provide responses to 

comments on the regulatory basis in the 

associated Federal Register notification 

publishing the proposed rule for public 

comment. 

III. 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. 

IV. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons through one or more 

of the following methods, as indicated. 

Document ADAMS accession No./web link/ 

Federal Register citation 

Regulatory Basis for Items Containing Byproduct Material Incidental to Production, January 

13, 2021.

ML20339A400. 

Petition for Rulemaking Submitted by Annette User on Behalf of GE Osmonics (Consideration in the Rulemaking Process), September 14, 2012.77 FR 56793. 

GE Osmonics, Inc., Polymer Track Etch Membrane 10 CFR 32.14—Manufacturer and Distribution Product Safety Information, March 20, 2012.ML120800277. 

GE Osmonics, Inc., Environmental Report—Polymer Track Etch Membrane—10 CFR 30.15, 

March 20, 2012.

ML120800264. 

NRC Consumer Product Policy Statement, January 16, 2014 .................................................. 79 FR 2907. 

Petition for Rulemaking Submitted by Annette User on Behalf of GE Osmonics, April 18, 

2011.

ML120250133. 

SECY–87–186A, Distribution of Radioactive Gems Irradiated in Reactors to Unlicensed Persons (Follow-up to SECY–87–186), October 5, 1987.ML092400170. 

Petition for Rulemaking Submitted by Annette User on Behalf of GE Osmonics (Receipt and 

Request for Comment), June 22, 2011.

76 FR 36386. 

Comment (1) of Benjamin Kerensa Opposing Petition for Rulemaking (PRM–30–65) Regarding the NRC Amend Its Regulations Regarding the Commercial Distribution of Byproduct 

Material, June 24, 2011.

ML11178A021. 

Agreement State Program Policy Statement; Correction, October 18, 2017 ............................ 82 FR 48535. 

Management Directive 5.3, Agreement State Participation in NRC Working Groups, June 22, 

2016.

ML18073A142. 

NUREG–1556, Volume 8, Revision 1, Consolidated Guidance about Materials Licenses: 

Program-Specific Guidance About Exempt Distribution Licenses, June 2018.

ML18158A165. 

Strategic Plan: Fiscal Years 2018–2022, NUREG–1614, Volume 7, February 2018 ............... ML18032A561. 

International Atomic Energy Agency, OECD Nuclear Energy Agency, Radiation Safety for 

Consumer Products, IAEA Safety Standards Series No. SSG–36, January 2016.

https://www.iaea.org/publications/10716/radiationsafety-for-consumer-products. 

International Atomic Energy Agency, IAEA Safety Standards Series, Radiation Protection 

and Safety of Radiation Sources: International Basic Safety Standards—General Safety 

Requirements Part 3 No. GSR Part 3, July 2014.

https://www.iaea.org/publications/8930/radiationprotection-and-safety-of-radiation-sources-international-basic-safety-standards. 

The NRC may post documents related 

to this rulemaking activity to the 

Federal rulemaking website at https://

www.regulations.gov under Docket ID 

NRC–2015–0017. 

The Federal rulemaking website 

allows you to receive alerts when 

changes or additions occur in a docket 

folder. To subscribe: (1) Navigate to the 

docket folder (NRC–2015–0017); (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). 

Dated January 15, 2021. 

For the Nuclear Regulatory Commission. 

John R. Tappert, 

Director, Division of Rulemaking, 

Environmental, and Financial Support, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2021–02158 Filed 2–1–21; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[NRC–2017–0025] 

RIN 3150–AJ94 

Approval of American Society of 

Mechanical Engineers’ Code Cases 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its regulations to incorporate by 

reference proposed revisions of three 

regulatory guides, which would approve 

new, revised, and reaffirmed Code Cases 

published by the American Society of 

Mechanical Engineers. The NRC is also 

incorporating by reference one NRC 

NUREG associated with a proposed 

condition on one of the regulatory 

guides. This proposed action would 

allow nuclear power plant licensees, 

and applicants for construction permits, 

operating licenses, combined licenses, 

standard design certifications, standard 

design approvals and manufacturing 

licenses, to use the Code Cases listed in 

these draft regulatory guides as 

voluntary alternatives to engineering 

standards for the construction, inservice 

inspection, and inservice testing of 

nuclear power plant components. The 

NRC is requesting comments on this 

proposed rule and on the draft versions 

of the three regulatory guides proposed 

to be incorporated by reference. The 

NRC is also making available a related 

draft regulatory guide that lists Code 

Cases that the NRC has not approved for 

use. This draft regulatory guide will not 

be incorporated by reference into the 

NRC’s regulations. 

DATES: Submit comments on the 

proposed rule, documents to be 

incorporated by reference, and related 

guidance by April 5, 2021. Submit 

comments specific to the information 


jbell on DSKJLSW7X2PROD with PROPOSALS