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

75641 

Vol. 75, No. 233 

Monday, December 6, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 71 and 73 

[NRC–1999–0005] 

RIN 3150–AG41 

Advance Notification to Native 

American Tribes of Transportation of 

Certain Types of Nuclear Waste 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its regulations that govern 

packaging and transportation of 

radioactive material and physical 

protection of plants and materials. 

Specifically, the proposed amendments 

would require licensees to provide 

advance notification to Federally 

recognized Tribal governments 

regarding shipments of irradiated 

reactor fuel and certain nuclear wastes 

for any shipment that passes within or 

across their reservations. The Tribal 

government would be required to 

protect the shipment information as 

Safeguards Information (SGI). 

DATES: Submit comments on the rule by 

February 22, 2011. Submit comments 

specific to the information collections 

aspects of this proposed rule by January 

5, 2011. Comments received after the 

above dates will be considered if it is 

practical to do so, but the NRC is able 

to assure consideration only for 

comments received on or before this 

date. 

ADDRESSES: Please include Docket ID 

NRC–1999–0005 in the subject line of 

your comments. For instructions on 

submitting comments and accessing 

documents related to this action, see 

Section I, ‘‘Submitting Comments and 

Accessing Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may submit 

comments by any one of the following 

methods. 

Federal e-Rulemaking Portal: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–1999–0005. Comments may be 

submitted electronically through this 

Web site. Address questions about NRC 

dockets to Carol Gallagher, telephone 

301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive a reply e-mail confirming 

that we have received your comments, 

contact us directly at 301–415–1677. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

20852, between 7:30 a.m. and 4:15 p.m. 

Federal workdays. (Telephone 301–415– 

1966) 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

You may submit comments on the 

information collections by the methods 

indicated in the Paperwork Reduction 

Act Statement. 

FOR FURTHER INFORMATION CONTACT: 

Merri Horn, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone 301–415– 

8126, e-mail, Merri.Horn@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Submitting Comments and Accessing 

Information 

II. Background 

III. Discussion 

A. What action is the NRC taking? 

B. What is the purpose of the proposed 

rule? 

C. Whom would this action affect? 

D. Would all tribes receive advance 

notifications? 

E. How and when would tribes be given 

the option to receive advance 

notifications? 

F. Does a tribe’s decision to receive 

advance notification ffect whether 

shipments pass through that tribe’s 

reservation? 

G. How would licensees determine who 

the tribal contacts are? 

H. How would advance notifications be 

made to tribal officials? 

I. Would tribes be required to protect the 

advance notifications? 

J. Would tribal officials need to be 

fingerprinted and undergo a background 

investigation for access to SGI? 

K. When do these actions become 

effective? 

L. What should I consider as I prepare my 

comments to the NRC? 

IV. Discussion of Proposed Rule by Section 

V. Criminal penalties 

VI. Agreement state compatibility 

VII. Plain Language 

VIII. Voluntary Consensus Standards 

IX. Environmental Impact: Categorical 

Exclusion 

X. Paperwork Reduction Act Statement 

XI. Regulatory Analysis 

XII. Regulatory Flexibility Certification 

XIII. Backfit Analysis 

I. Submitting Comments and Accessing 

Information 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC Web site and on the Federal 

rulemaking Web site, http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. The NRC requests that any 

party soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You can access publicly available 

documents related to this document 

using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, Room O– 

1F21, One White Flint North, 11555 

Rockville Pike, Rockville, Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

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

or 301–415–4737, or by e-mail to 

PDR.Resource@nrc.gov. 


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1These ideas were previously emphasized in a 

Presidential Memorandum dated April 29, 1994, 

entitled ‘‘Government-to-Government Relations 

with Native American Tribal Governments’’ (59 FR 

22951; May 4, 1994) and Executive Orders 12875 

and 12866. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to this proposed rule can be 

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

searching on Docket ID NRC–1999– 

0005. 

II. Background 

Current NRC regulations in Title 10 of 

the Code of Federal Regulations (10 

CFR) require licensees to inform State 

governors, or the governor’s designee, of 

certain shipments of irradiated reactor 

fuel and certain nuclear waste passing 

through or across the boundary of their 

States. Section 73.37 requires licensees 

to provide advance notifications for 

shipments of irradiated reactor fuel in 

excess of 100 grams in net weight of 

irradiated fuel, exclusive of cladding or 

other structural or packaging material, 

which has a total external radiation dose 

rate in excess of 100 rems per hour at 

a distance of 3 feet from any accessible 

surface without intervening shielding. 

Section 71.97 requires licensees to 

provide advance notice for shipments of 

irradiated reactor fuel in quantities less 

than that subject to § 73.37 and certain 

licensed material that is required to be 

transported in Type B packaging and is 

being transported to a disposal facility 

or a collection point for transport to a 

disposal facility. The advance 

notification provisions apply if the 

quantity of licensed material in a single 

package exceeds the least of the 

following: (1) 3000 times the A1 value 

of the radionuclides as specified in 

Appendix A, Table A–1 of 10 CFR Part 

71, for special form radioactive material; 

(2) 3000 times the A2 value of the 

radionuclides as specified in Appendix 

A, Table A–1 of 10 CFR Part 71, for 

normal form radioactive material; or (3) 

1000 Terabequerel (TBq) (27,000 curies). 

Schedule and itinerary information 

provided for shipments of more than 

100 grams of irradiated reactor fuel is 

considered to be SGI under NRC 

regulations and must be protected under 

the requirements in §§ 73.21 and 73.22. 

The NRC developed these advance 

notification regulations in 1982 to 

comply with the NRC Authorization Act 

for Fiscal Year 1980, which was enacted 

to deal with concerns expressed by 

States about their abilities to fulfill their 

responsibilities to protect public health 

and safety while waste shipments pass 

through their jurisdictions. Neither the 

Atomic Energy Act of 1954, as amended 

(AEA), nor the notification regulations 

required licensees to notify Native 

American Tribes of this type of 

shipment passing through their Tribal 

reservations. Tribal officials requested 

similar notification in the 1990s. 

On December 21, 1999, the NRC 

published an Advance Notice of 

Proposed Rulemaking (ANPR) to solicit 

stakeholder input on a possible 

rulemaking that would consider 

requiring advance notification to Native 

American Tribes of transportation of 

certain types of nuclear waste (64 FR 

71331; December 21, 1999). Information 

was sought on minimizing the burden to 

licensees, identifying the location of 

Tribal reservations in relationship to 

shipment routes, and the sharing and 

protecting of SGI. A total of 44 comment 

letters were received. Thirty-six of the 

letters received were from Tribes and 

Tribal organizations; four letters were 

received from private citizens; and 

letters were received from a licensee, an 

industry association, a State agency, and 

a Federal agency. Virtually all the 

commenters favored providing advance 

notification to Tribal governments with 

some disagreement on the details of the 

implementation. Most commenters were 

in favor of providing Tribal 

governments the same advance 

notification that State governments 

receive regarding high-level radioactive 

waste shipments. Commenters 

encouraged the NRC to provide advance 

notification through more up-to-date 

means of communication, e.g., via the 

Internet. Tribal representatives and 

others encouraged the NRC to 

communicate directly with Tribal 

governments during the rulemaking 

process as well as when implementing 

procedures for advance notification. The 

comments received in response to the 

ANPR were taken into account during 

the development of this proposed rule. 

On November 6, 2000, President 

Clinton issued Executive Order (EO) 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments.’’ EO 

13175 emphasized the importance of 

respecting the sovereignty of Tribal 

governments and working with them on 

a government-to-government basis.1 On 

November 5, 2009, President Obama 

expressed his commitment to EO 13175 

at the White House Tribal Nations 

Conference and Interactive Discussion 

with Tribal Leaders. During the 

conference, the President signed an 

Executive Memorandum on Tribal 

consultation for the heads of Executive 

Departments and Agencies, directing 

Cabinet agencies to take steps to 

develop regular and meaningful 

consultation with Tribal governments. 

The Memorandum underscored a 

commitment to regular and meaningful 

collaboration and consultation with 

Tribal officials, and sought complete 

and consistent implementation of EO 

13175. The NRC has adopted agency 

practices that are consistent with the 

principles of consultation and 

cooperation with Indian Tribal 

governments articulated in President 

Clinton’s April 29, 1994, guidance and 

EO 13175. The NRC practice is to 

conduct its activities in a manner that 

respects the rights of sovereign Tribal 

governments, and involves consultation 

and cooperation with Federally 

recognized Tribes on a government-togovernment basis. 

III. Discussion 

A. What action is the NRC taking? 

The NRC is proposing to amend its 

regulations to require licensees to 

provide to Tribal officials, or their 

designees, advance notice of shipments 

of irradiated reactor fuel under § 73.37 

and other nuclear wastes listed in 

§ 71.97 before crossing the border of 

Tribal reservations. For the purposes of 

these regulatory provisions, Tribal 

official is defined as the highest ranking 

individual that represents Tribal 

leadership, such as the Chief, President, 

or Tribal Council leadership of an 

Indian Tribe. This action would only 

affect commercial shipments being 

made by NRC and Agreement State 

licensees. This action would not include 

shipments made by the Department of 

Energy or the Department of Defense. 

B. What is the purpose of the proposed 

rule? 

The purpose of the proposed rule is 

to recognize Tribal sovereignty by 

informing Tribes of shipments of 

irradiated reactor fuel and other nuclear 

wastes passing across their reservations 

and to recognize Tribal governments’ 

interest in being informed of activities 

occurring on Tribal reservations. 

C. Whom would this action affect? 

The proposed rule would apply to any 

NRC licensee that ships irradiated 

reactor fuel. The proposed rule would 

also affect any licensee that ships other 

nuclear wastes listed in § 71.97, namely, 

certain licensed material that is: (a) 

Required to be transported in Type B 

packaging; (b) being transported to or 

across a State boundary enroute to a 

disposal facility or to a collection point 

for transport to a disposal facility; and 

(c) the quantity of licensed material in 

a single package exceeds the least of the 

following: (1) 3,000 times the A1 value 

of the radionuclides as specified in 

Appendix A, Table A–1 of 10 CFR Part 


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Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules 75643 

71, for special form radioactive material; 

(2) 3,000 times the A2 value of the 

radionuclides as specified in Appendix 

A, Table A–1 of 10 CFR Part 71, for 

normal form radioactive material; or (3) 

1,000 TBq (27,000 curies). 

Finally, the proposed rule would 

affect any Tribe that chooses to receive 

the advance notifications of shipments 

passing within or across its Tribal 

reservation. 

D. Would all Tribes receive advance 

notifications? 

No. Given the information protection 

requirements involved, the NRC 

believes Tribes should have the option 

to decide whether to receive advance 

notifications of shipments that pass 

across their Tribal reservations. If a 

Tribe opts to receive the advance 

notifications, the Tribe would be 

obligated to protect the schedule and 

itineraries of the shipments under the 

SGI requirements in §§ 73.21 and 73.22. 

If a Tribe opts not to receive the advance 

notification, the Tribe would have no 

information protection obligations 

relating to the shipments. For the 

purposes of the advance notifications, 

an Indian Tribe is defined as an Indian 

or Alaska Native Tribe, band, nation, 

pueblo, village, or community that the 

Secretary of the Interior acknowledges 

to exist as an Indian Tribe pursuant to 

the Federally Recognized Indian Tribe 

List Act of 1994. There are currently 565 

federally recognized Tribes. 

E. How and when would Tribes be given 

the option to receive advance 

notifications? 

After the final rule has been approved 

by the Commission, the NRC staff would 

contact each Federally recognized Tribe 

to provide them information on the rule. 

As part of the information, the Tribe 

would be asked if they would like to 

receive advance notifications of 

irradiated reactor fuel and other nuclear 

wastes listed in § 71.97 before crossing 

the border of the Tribal reservation. The 

Tribe can then notify NRC whether they 

would like to receive the advance 

notifications and certify that the SGI 

information will be appropriately 

protected. Tribes would be able to 

change their decision to receive or not 

receive the advance notifications by 

informing the NRC. In addition, the 

NRC would periodically contact all 

Federally recognized Tribes to give 

Tribes an opportunity to change their 

status in regards to receiving 

notifications. 

F. Does a Tribe’s decision to receive 

advance notification affect whether 

shipments pass through that Tribe’s 

reservation? 

No. This rulemaking would only give 

the Tribe a voluntary opportunity to 

receive advance notification of 

shipments that cross their reservation. A 

Tribe’s decision to receive or not receive 

advance notifications does not affect 

shipment routes. 

G. How would licensees determine who 

the Tribal contacts are? 

The NRC would maintain a list of 

Tribal contacts as is done for State 

governmental contacts. The NRC would 

work with the Tribes to complete and 

maintain the list. The Tribal official 

would designate who is intended to 

represent the Tribe. The NRC staff 

currently intends to annually publish a 

list of Tribal contacts in the Federal 

Register and post it on the Web site 

maintained by the NRC’s Office of 

Federal and State Materials and 

Environmental Management Programs. 

H. How would advance notifications be 

made to Tribal officials? 

The methods permitted for 

communication of advance notifications 

are detailed in § 71.97(c), ‘‘Procedures 

for submitting advance notification.’’ 

Notifications would be made in writing. 

The notifications could be sent by mail 

or courier. SGI may not be transmitted 

over the phone, by e-mail, or by 

facsimile unless it is transmitted and 

received by NRC-approved secure 

electronic devices. 

I. Would Tribes be required to protect 

the advance notifications? 

Tribes would be required to protect 

the schedule and itinerary information 

contained in the advance notification as 

SGI as specified by §§ 73.21 and 73.22. 

Only individuals that have a ‘‘need-toknow’’ the information and have 

undergone both a Federal Bureau of 

Investigation (FBI) criminal history 

records check and a background check 

for determination of trustworthiness and 

reliability or have been relieved from 

these checks under §§ 73.57 or 73.59 

may be provided access to the SGI. 

Basic protection requirements include 

storing unattended SGI in a locked 

security storage container. Access to the 

lock information, such as a 

combination, must be strictly controlled 

to prevent disclosure to an individual 

not authorized access to SGI. 

Documents containing SGI must be 

destroyed by burning, shredding, or any 

other method that precludes 

reconstruction by means available to the 

public at large. The specific 

requirements for the protection of SGI 

are located in § 73.22. Failure to comply 

with these regulatory requirements 

could result in civil or criminal 

penalties. 

The NRC is specifically inviting 

comment as to the best method for 

informing the Tribes of the obligations 

of possessing SGI. The obligations 

would include how to handle and 

protect SGI and who could be provided 

access to the information, as well as 

potential civil or criminal penalties that 

could result in failure to comply with 

the regulatory requirements. Possible 

mechanisms include an information 

packet, a Webinar, or a training course. 

J. Would Tribal officials need to be 

fingerprinted and undergo a background 

investigation for access to SGI? 

Section 149 of the AEA requires 

fingerprinting and submission of 

fingerprints to the Attorney General for 

identification and criminal history 

records check for any individual 

permitted access to SGI, unless the 

Commission, by rule, has relieved that 

individual from the fingerprinting, 

identification, and criminal history 

records check requirements. The 

Commission may relieve individuals 

from these regulatory requirements ‘‘if 

the Commission finds that such action 

is consistent with its obligations to 

promote the common defense and 

security and protect the health and 

safety of the public.’’ As allowed by 

Section 149 of the AEA, NRC enacted 

§ 73.58 to relieve specific categories of 

individuals from fingerprinting and 

criminal history record checks prior to 

receiving SGI. The categories of 

individuals covered by this regulation 

include the governor of a State or his or 

her designated State employee 

representative; Federal, State, or local 

law enforcement personnel; and 

representatives of foreign government 

organizations that are involved in 

planning for, or responding to, nuclear 

or radiological emergencies or security 

incidents who the Commission 

approves for access to SGI. 

The United States has a unique legal 

relationship with Indian Tribal 

governments as set forth in the 

Constitution of the United States, 

treaties, statutes, Executive Orders, and 

court decisions. Indian Tribes exercise 

inherent sovereign powers over their 

members and territory. The United 

States recognizes the right of Indian 

Tribes to self-government and supports 

Tribal sovereignty and selfdetermination. As a result, the NRC has 

determined that exempting Tribal 

officials, Tribal official designees, or 

Tribal law enforcement personnel is 


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75644 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules 

analogous to exempting the State 

governor, State governor designees, or 

State law enforcement personnel from 

the fingerprinting and background 

check requirements. Furthermore, some 

Tribes have emergency response 

responsibilities similar to States. 

Revising the regulation would permit 

the Commission and licensees to more 

efficiently provide SGI relating to 

advance notification of shipments to 

Tribes who determine this information 

would enable them be more effective in 

their day-to-day efforts to ensure the 

protection of nuclear materials and 

respond to emergencies within their 

territories. Therefore, the Commission 

has determined that the proposed rule 

helps the Commission fulfill its 

obligations to promote the common 

defense and security and to protect the 

health and safety of the public. 

The Tribal official, Tribal official 

designee, and Tribal law enforcement 

personnel are considered trustworthy 

and reliable to receive SGI by virtue of 

their occupational status and have 

either already undergone a background 

or criminal history check as a condition 

of their employment, or are subject to 

direct oversight by Government 

authorities in their day-to-day job 

functions. Under the proposed rule, if 

the Tribe decides to participate in the 

advance notification of shipment 

program, the Tribal official, Tribal 

official designee, or Tribal law 

enforcement personnel that needs to 

know this SGI information to perform 

their job function, may have access to 

SGI information regarding advance 

notification of shipments affecting their 

territories without undergoing 

fingerprinting or a criminal history 

check. 

At this time, the NRC is not proposing 

to provide relief to Tribal officials, 

Tribal official’s designees, or Tribal law 

enforcement officials for access to all 

types of SGI because the scope of this 

rule is limited to advance notifications. 

Therefore, the relief being proposed in 

this rulemaking is only for receipt of the 

SGI contained in advance shipment 

notifications. The NRC invites 

comments on whether the proposed 

relief should be applied generally to 

access other types of SGI. 

The proposed rule would add Tribal 

official, his or her designee, and Tribal 

law enforcement personnel for the 

purpose of advance notifications to the 

list of categories of individuals that are 

granted relief from the fingerprinting, 

identification and criminal history 

records checks, and other elements of 

background checks. Those individuals 

granted access to SGI are required to 

abide by the requirements in §§ 73.21 

and 73.22 for proper management and 

protection of SGI. 

K. When do these actions become 

effective? 

The NRC is recommending that the 

final rule be effective one year after 

publication in the Federal Register. 

This would provide time for NRC to 

work with the Tribes and develop the 

list of Tribal contacts, provide training 

on protection of SGI to the Tribes, and 

provide time for licensees to develop 

procedures and conduct training on the 

new requirements. 

L. What should I consider as I prepare 

my comments to the NRC? 

When submitting your comments, 

remember to: 

i. Identify the rulemaking (RIN 3150– 

AG41; [NRC–1999–0005]). 

ii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iii. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

iv. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

v. Provide specific examples to 

illustrate your concerns, and suggest 

alternatives. 

vi. Explain your views as clearly as 

possible. 

vii. Make sure to submit your 

comments by the identified comment 

period deadline. 

viii. The NRC is particularly 

interested in your comments concerning 

(a) the best method for informing the 

Tribes of the obligations of possessing 

SGI (Section III I.); (b) whether the 

proposed relief should be applied 

generally to access other types of SGI 

(Section III J.); (c) the compatibility 

designations for the proposed rule 

(Section V); (d) the use of plain language 

(Section VI); (e) the environmental 

assessment (Section VIII); (f) the 

information collection requirements 

(Section IX); and (g) the draft regulatory 

analysis (Section X). 

IV. Discussion of Proposed Rule by 

Section 

Section 71.4 Definitions 

Definition for Indian Tribe is 

proposed based on the term as defined 

in Executive Order 13175. The 

definition of Tribal official describes the 

highest ranking individual that 

represents Tribal leadership, such as the 

Chief, President, or Tribal Council 

leadership. 

Section 71.97 Advance Notification of 

Shipment of Irradiated Reactor Fuel and 

Nuclear Waste 

Current paragraph (a) would be 

renumbered as paragraph (a)(1) and 

revised to reflect shipments within or 

across the State boundary instead of 

through or across. This change is made 

for consistency of rule language. 

Paragraph (a)(2) would be added to 

require licensees to provide advance 

notification to Tribal officials or their 

designee of the shipment of licensed 

material within or across the boundary 

of the Tribe’s reservation. 

Paragraph (c) would be revised to 

require notifications to be made to the 

office of each appropriate Tribal official 

or his/her designee. Paragraph (c) would 

also be revised to indicate how the list 

of Tribal officials would be made 

available. 

Paragraph (d) would be revised to 

include arrival at Tribal reservation 

boundaries. 

Paragraph (e) would be revised to 

require that revision notices be provided 

to Tribal officials or their designee if 

schedule information previously 

provided will not be met. 

Paragraph (f) would be revised to 

require that cancellation notices be 

provided to each Tribal official or his/ 

her designee that had previously been 

notified of an advance shipment. 

Section 73.2 Definitions 

Definition for Indian Tribe is 

proposed based on the terms as defined 

in Executive Order 13175. The 

definition for Tribal official is added to 

describe the highest ranking individual 

that represents Tribal leadership, such 

as the Chief, President, or Tribal 

Council leadership. 

Section 73.21 Protection of Safeguards 

Information: Performance Requirements 

Paragraph (a)(2) would be revised to 

include Tribal law enforcement agencies 

in the list of agencies whose information 

protection procedures are presumed to 

meet the general performance 

requirements for the protection of SGI. 

Section 73.37 Requirements for 

Physical Protection of Irradiated Reactor 

Fuel in Transit 

Paragraph (f) would be revised to 

require that advance notification of 

irradiated fuel shipments be provided to 

participating Tribes if a shipment 

crosses Tribal reservation boundaries. 


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Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules 75645 

Section 73.59 Relief From 

Fingerprinting, Identification and 

Criminal History Records Checks and 

Other Elements of Background Checks 

for Designated Categories of Individuals 

New paragraph (l) would be added to 

include Tribal official, Tribal official’s 

designee, and Tribal law enforcement 

personnel that receive the advance 

notifications to the categories of 

individuals that are relieved from the 

requirement for fingerprinting, 

identification and criminal records 

checks, and other elements of 

background checks. 

V. Criminal Penalties 

For the purpose of Section 223 of the 

AEA, the Commission is proposing to 

amend 10 CFR parts 71 and 73 under 

one or more of Sections 161b, 161i, or 

161o of the AEA. Willful violations of 

the rule would be subject to criminal 

enforcement. 

VI. Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997, and 

published in the Federal Register (62 

FR 46517; Sept. 3, 1997), this proposed 

rule would be a matter of compatibility 

between the NRC and the Agreement 

States, thereby providing consistency 

among the Agreement States and the 

NRC requirements. The NRC staff 

analyzed the proposed rule in 

accordance with the procedure 

established within Part III, 

‘‘Categorization Process for NRC 

Program Elements,’’ of Handbook 5.9 to 

Management Directive 5.9, ‘‘Adequacy 

and Compatibility of Agreement State 

Programs’’ (a copy of which may be 

viewed at http://www.nrc.gov/readingrm/doc-collections/managementdirectives/). 

NRC program elements (including 

regulations) are placed into four 

compatibility categories (see the Draft 

Compatibility Table in this section). In 

addition, the NRC program elements can 

also be identified as having particular 

health and safety significance or as 

being reserved solely to the NRC. 

Compatibility Category A are those 

program elements that are basic 

radiation protection standards and 

scientific terms and definitions that are 

necessary to understand radiation 

protection concepts. An Agreement 

State should adopt Category A program 

elements in an essentially identical 

manner to provide uniformity in the 

regulation of agreement material on a 

nationwide basis. Compatibility 

Category B are those program elements 

that apply to activities that have direct 

and significant effects in multiple 

jurisdictions. An Agreement State 

should adopt Category B program 

elements in an essentially identical 

manner. Compatibility Category C are 

those program elements that do not 

meet the criteria of Category A or B, but 

the essential objectives of which an 

Agreement State should adopt to avoid 

conflict, duplication, gaps, or other 

conditions that would jeopardize an 

orderly pattern in the regulation of 

agreement material on a nationwide 

basis. An Agreement State should adopt 

the essential objectives of the Category 

C program elements. Compatibility 

Category D are those program elements 

that do not meet any of the criteria of 

Category A, B, or C, above, and, thus, do 

not need to be adopted by Agreement 

States for purposes of compatibility. 

Health and Safety (H&S) are program 

elements that are not required for 

compatibility but are identified as 

having a particular health and safety 

role (i.e., adequacy) in the regulation of 

agreement material within the State. 

Although not required for compatibility, 

the State should adopt program 

elements in the H&S category based on 

those of the NRC that embody the 

essential objectives of the NRC program 

elements because of particular health 

and safety considerations. 

Compatibility Category NRC are those 

program elements that address areas of 

regulation that cannot be relinquished 

to Agreement States under the AEA, or 

provisions of 10 CFR. These program 

elements are not adopted by Agreement 

States. The following table lists the parts 

and sections that would be revised and 

their corresponding compatibility 

categorization under the ‘‘Policy 

Statement on Adequacy and 

Compatibility of Agreement State 

Programs.’’ 

The NRC invites comment on the 

compatibility category designations in 

the proposed rule and suggests that 

commenters refer to Handbook 5.9 of 

Management Directive 5.9 for more 

information (a copy of which may be 

viewed at http://www.nrc.gov/readingrm/doc-collections/managementdirectives/). The NRC notes that, like the 

rule text, the compatibility category 

designations can change between the 

proposed rule and final rule, based on 

comments received and Commission 

decisions regarding the final rule. The 

NRC encourages anyone interested in 

commenting on the compatibility 

category designations to do so during 

the comment period. 

DRAFT COMPATIBILITY TABLE FOR PROPOSED RULE

Section Change Subject 

Compatibility 

Existing New 

Part 71 

71.4 ........................................ New ............. Definition Indian Tribe .................................................................................. — ......... B 

71.4 ........................................ New ............. Definition Tribal official ................................................................................. — ......... B 

71.97 ...................................... Amend ......... Advance notification of shipment of irradiated reactor fuel and nuclear 

waste.

B .......... B 

Part 73 

73.2 ........................................ New ............. Definition Indian Tribe .................................................................................. — ......... NRC 

73.2 ........................................ New ............. Definition Tribal official ................................................................................. — ......... NRC 

73.21 ...................................... Amend ......... Protection of Safeguards Information: Performance Requirements ............ NRC ..... NRC 

73.37 ...................................... Amend ......... Requirements for physical protection of irradiated reactor fuel in transit ... NRC ..... NRC 

73.59 ...................................... Amend ......... Relief from fingerprinting, identification and criminal history records 

checks and other elements of background checks for designated categories of individuals.

NRC ..... NRC 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
75646 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules 

VII. Plain Language 

The Presidential Memorandum ‘‘Plain 

Language in Government Writing’’ 

published June 10, 1998 (63 FR 31883), 

directed that the Government’s 

documents be in clear and accessible 

language. The NRC requests comments 

on this proposed rule specifically with 

respect to the clarity and effectiveness 

of the language used. Comments should 

be sent as indicated under the 

ADDRESSES heading of this document. 

VIII. Voluntary Consensus Standards 

The National Technology Transfer 

and Advancement Act of 1995 (Pub. L. 

104–113) requires that Federal agencies 

use technical standards that are 

developed or adopted by voluntary 

consensus standards bodies unless the 

use of such a standard is inconsistent 

with applicable law or otherwise 

impractical. In this proposed rule, the 

NRC would require that advance 

notification be provided to Tribal 

governments for shipments of irradiated 

reactor fuel and other nuclear wastes 

listed in § 71.97 that pass within or 

across Tribal reservations. The NRC is 

not aware of any voluntary consensus 

standards that address the subject 

matter of this proposed rule. The NRC 

will consider using a voluntary 

consensus standard if an appropriate 

standard is identified. If a voluntary 

consensus standard is identified for 

consideration, the submittal should 

explain why the standard should be 

used. 

IX. Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

proposed rule is the type of action 

described in categorical exclusion 10 

CFR 51.22(c)(3). Therefore neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this proposed rule. 

X. Paperwork Reduction Act Statement 

This proposed rule contains new or 

amended information collection 

requirements that are subject to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). This rule has been 

submitted to the Office of Management 

and Budget (OMB) for review and 

approval of the information collection 

requirements. 

Type of submission, new or revision: 

Revised. 

The title of the information collection: 

10 CFR Parts 71 and 73, ‘‘Advance 

Notification to Native American Tribes 

of Transportation of Certain Types of 

Nuclear Waste.’’ 

The form number if applicable: NA. 

How often the collection is required: 

On occasion; each time a shipment of 

irradiated reactor fuel or certain other 

nuclear wastes listed in § 71.97 is made 

that crosses Tribal reservation borders. 

Who will be required or asked to 

report: Licensees that are shipping 

irradiated reactor fuel or certain other 

nuclear wastes listed in § 71.97. 

An estimate of the number of annual 

responses: 386 (380 responses plus 6 

record keepers). 

The estimated number of annual 

respondents: 18. 

An estimate of the total number of 

hours needed annually to complete the 

requirement or request: 163 (6.4 

recordkeeping hours plus 156.4 third 

party hours) all of which is associated 

with Part 73. 

Abstract: The NRC is proposing to 

amend its regulations to put in place a 

new requirement for licensees to 

provide advance notification to 

participating Tribes of any shipments of 

irradiated reactor fuel or certain other 

nuclear wastes listed in § 71.97 that pass 

within or across Tribal reservations. 

The NRC is seeking public comment 

on the potential impact of the 

information collections contained in 

this proposed rule and on the following 

issues: 

1. Is the proposed information 

collection necessary for the proper 

performance of the functions of the 

NRC, including whether the information 

will have practical utility? 

2. Is the estimate of burden accurate? 

3. Is there a way to enhance the 

quality, utility, and clarity of the 

information to be collected? 

4. How can the burden of the 

information collection be minimized, 

including the use of automated 

collection techniques? 

A copy of the OMB clearance package 

may be viewed free of charge at the NRC 

Public Document Room, One White 

Flint North, 11555 Rockville Pike, Room 

O–1F21, Rockville, MD 20852. The 

OMB clearance package and rule are 

available at the NRC worldwide Web 

site http://www.nrc.gov/public-involve/ 

doc-comment/omb/index.html for 60 

days after the signature date of this 

notice. 

Send comments on any aspect of 

these proposed information collections, 

including suggestions for reducing the 

burden and on the above issues, by 

January 5, 2011 to the Information 

Services Branch (T–5F53), U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, or by Internet 

electronic mail to 

INFOCOLLECTS.Resource@NRC.gov 

and to the Desk Officer Christine J. 

Kymn, Office of Information and 

Regulatory Affairs, NEOB–10202, 

(3150–0008, 0002), Office of 

Management and Budget, Washington, 

DC 20503. Comments on the proposed 

information collections may also be 

submitted via the Federal eRulemaking 

Portal at http://www.regulations.gov, 

Docket Number NRC–1999–0005. 

Comments received after this date will 

be considered if it is practical to do so, 

but assurance of consideration cannot 

be given to comments received after this 

date. You may also e-mail comments to 

Christine J. Kymn at 

Christine.J.Kymn@omb.eop.gov or 

comment by telephone at 202–395– 

4638. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

XI. Regulatory Analysis 

The Commission has prepared a draft 

regulatory analysis on this proposed 

regulation. The analysis examines the 

costs and benefits of the alternatives 

considered by the Commission. 

The Commission requests public 

comment on the draft regulatory 

analysis. Comments on the draft 

analysis may be submitted to the NRC 

as indicated under the ADDRESSES

heading of this document. The analysis 

is available for inspection in the NRC 

Public Document Room, One White 

Flint North, 11555 Rockville Pike, Room 

O–1F21, Rockville, MD 20852 and can 

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

by searching on Docket ID NRC–1999– 

0005. 

XII. Regulatory Flexibility Certification 

Under the Regulatory Flexibility Act 

of 1980 (5 U.S.C. 605(b)), the 

Commission certifies that this rule 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

The amendments will apply to reactor 

licensees and a few licensees who 

possess large sources of byproduct 

materials. The majority, if not all, of 

these licensees are not ‘‘small entities’’ 

under either the Regulatory Flexibility 

Act or NRC’s size standards (10 CFR 

2.810). 

XIII. Backfit Analysis 

The NRC has determined that the 

backfit rule, which is found in the 

regulations at 10 CFR 50.109, 70.76, 

72.62, 76.76, and in 10 CFR Part 52, 

does not apply to this proposed rule 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules 75647 

because this amendment would not 

involve any provisions that would 

impose backfits as defined in 10 CFR 

chapter I. Therefore, a backfit analysis is 

not required. 

List of Subjects 

10 CFR Part 71 

Criminal penalties, Hazardous 

materials transportation, Import, 

Nuclear materials, Packaging and 

containers, Reporting and recordkeeping 

requirements. 

10 CFR Part 73 

Criminal penalties, Export, Hazardous 

materials transportation, Import, 

Nuclear materials, Nuclear power plants 

and reactors, Reporting and 

recordkeeping requirements, Security 

measures. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 553; the NRC 

is proposing to adopt the following 

amendments to 10 CFR parts 71 and 73. 

PART 71—PACKAGING AND 

TRANSPORTATION OF RADIOACTIVE 

MATERIAL 

1. The authority citation for part 71 

continues to read as follows: 

Authority: Secs. 53, 57, 62, 63, 81, 161, 

182, 183, 68 Stat. 930, 932, 933, 935, 948, 

953, 954, as amended, sec. 1701, 106 Stat. 

2951, 2952, 2953 (42 U.S.C. 2073, 2077, 2092, 

2093, 2111, 2201, 2232, 2233, 2297f); secs. 

201, as amended, 202, 206, 88 Stat. 1242, as 

amended, 1244, 1246 (42 U.S.C. 5841, 5842, 

5846); sec. 1704, 112 Stat. 2750 (44 U.S.C. 

3504 note); Energy Policy Act of 2005, Pub. 

L. No. 109–58, 119 Stat. 594 (2005). Section 

71.97 also issued under sec. 301, Pub. L. 96– 

295, 94 Stat. 789–790. 

2. In § 71.4, new definitions for Indian 

Tribe and Tribal official are added in 

alphabetical order to read as follows: 

§ 71.4 Definitions. 

* * * * * 

Indian Tribe means an Indian or 

Alaska Native Tribe, band, nation, 

pueblo, village, or community that the 

Secretary of the Interior acknowledges 

to exist as an Indian Tribe pursuant to 

the Federally Recognized Indian Tribe 

List Act of 1994, 25 U.S.C. 479a. 

* * * * * 

Tribal official means the highest 

ranking individual that represents 

Tribal leadership, such as the Chief, 

President, or Tribal Council leadership. 

* * * * * 

3. In § 71.97, paragraphs (a), (c)(1), 

(c)(3), (d)(4), (e), and (f)(1) are revised to 

read as follows: 

§ 71.97 Advance notification of shipment 

of irradiated reactor fuel and nuclear waste. 

(a)(1) As specified in paragraphs (b), 

(c), and (d) of this section, each licensee 

shall provide advance notification to the 

governor of a State, or the governor’s 

designee, of the shipment of licensed 

material, within or across the boundary 

of the State, before the transport, or 

delivery to a carrier, for transport, of 

licensed material outside the confines of 

the licensee’s plant or other place of use 

or storage. 

(2) As specified in paragraphs (b), (c), 

and (d) of this section, each licensee 

shall provide advance notification to the 

Tribal official of participating Tribes 

referenced in paragraph (c)(3)(iii) of this 

section, or the official’s designee, of the 

shipment of licensed material, within or 

across the boundary of the Tribe’s 

reservation, before the transport, or 

delivery to a carrier, for transport, of 

licensed material outside the confines of 

the licensee’s plant or other place of use 

or storage. 

* * * * * 

(c) Procedures for submitting advance 

notification. (1) The notification must be 

made in writing to: 

(i) The office of each appropriate 

governor or governor’s designee; 

(ii) The office of each appropriate 

Tribal official or Tribal official’s 

designee; and 

(iii) The Director, Division of Security 

Policy, Office of Nuclear Security and 

Incident Response. 

* * * * * 

(3) A notification delivered by any 

other means than mail must reach the 

office of the governor or of the 

governor’s designee or the Tribal official 

or Tribal official’s designee at least 4 

days before the beginning of the 7-day 

period during which departure of the 

shipment is estimated to occur. 

(i) A list of the names and mailing 

addresses of the governors’ designees 

receiving advance notification of 

transportation of nuclear waste was 

published in the Federal Register on 

June 30, 1995 (60 FR 34306). 

(ii) The list of governor’s designees 

and Tribal official’s designees of 

participating Tribes will be published 

annually in the Federal Register on or 

about June 30th to reflect any changes 

in information. 

(iii) A list of the names and mailing 

addresses of the governors’ designees 

and Tribal officials’ designees of 

participating Tribes is available on 

request from the Director, Division of 

Intergovernmental Liaison and 

Rulemaking, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. 

* * * * * 

(d) * * * 

(4) The 7-day period during which 

arrival of the shipment at State 

boundaries or Tribal reservation 

boundaries is estimated to occur; 

* * * * * 

(e) Revision notice. A licensee who 

finds that schedule information 

previously furnished to a governor or 

governor’s designee or a Tribal official 

or Tribal official’s designee, in 

accordance with this section, will not be 

met, shall telephone a responsible 

individual in the office of the governor 

of the State or of the governor’s designee 

or the Tribal official or the Tribal 

official’s designee and inform that 

individual of the extent of the delay 

beyond the schedule originally reported. 

The licensee shall maintain a record of 

the name of the individual contacted for 

3 years. 

(f) Cancellation notice. (1) Each 

licensee who cancels an irradiated 

reactor fuel or nuclear waste shipment 

for which advance notification has been 

sent shall send a cancellation notice to 

the governor of each State or to the 

governor’s designee previously notified, 

each Tribal official or to the Tribal 

official’s designee previously notified, 

and to the Director, Division of Security 

Policy, Office of Nuclear Security and 

Incident Response. 

* * * * * 

PART 73—PHYSICAL PROTECTION OF 

PLANTS AND MATERIALS 

4. The authority citation for part 73 

continues to read as follows: 

Authority: Secs. 53, 161, 149, 68 Stat. 930, 

948, as amended, sec. 147, 94 Stat. 780 (42 

U.S.C. 2073, 2167, 2169, 2201); sec. 201, as 

amended, 204, 88 Stat. 1242, as amended, 

1245, sec. 1701, 106 Stat. 2951, 2952, 2953 

(42 U.S.C. 5841, 5844, 2297f); sec. 1704, 112 

Stat. 2750 (44 U.S.C. 3504 note); Energy 

Policy Act of 2005, Pub. L. 109–58, 119 Stat. 

594 (2005). 

Section 73.1 also issued under secs. 135, 

141, Pub. L. 97–425, 96 Stat. 2232, 2241 

(42.U.S.C. 10155, 10161). Section 73.37(f) 

also issued under sec. 301, Pub. L. 96–295, 

94 Stat. 789 (42 U.S.C. 5841 note). Section 

73.57 is issued under sec. 606, Pub. L. 99– 

399, 100 Stat. 876 (42 U.S.C. 2169). 

5. In § 73.2, new definitions for Indian 

Tribe and Tribal official are added in 

alphabetical order to read as follows: 

§ 73.2 Definitions. 

* * * * * 

Indian Tribe means an Indian or 

Alaska Native Tribe, band, nation, 

pueblo, village, or community that the 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1
75648 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Proposed Rules 

Secretary of the Interior acknowledges 

to exist as an Indian Tribe pursuant to 

the Federally Recognized Indian Tribe 

List Act of 1994, 25 U.S.C. 479a. 

* * * * * 

Tribal official means the highest 

ranking individual that represents 

Tribal leadership, such as the Chief, 

President, or Tribal Council leadership. 

* * * * * 

6. In § 73.21, paragraph (a)(2) is 

revised to read as follows: 

§ 73.21 Protection of Safeguards 

Information: Performance Requirements. 

(a) * * * 

(2) Information protection procedures 

employed by Federal, State, Tribal, and 

local law enforcement agencies are 

presumed to meet the general 

performance requirement in paragraph 

(a)(1) of this section. 

* * * * * 

7. In § 73.37, paragraphs (f) and (g) are 

revised to read as follows: 

§ 73.37 Requirements for physical 

protection of irradiated reactor fuel in 

transit. 

* * * * * 

(f) Prior to the transport of spent fuel 

within or across a State or Tribal 

reservation, a licensee subject to this 

section shall notify the governor or the 

governor’s designee and the Tribal 

official of each participating Tribe 

referenced in § 71.97(c)(3) of this 

chapter or the Tribal official’s designee. 

The licensee shall comply with the 

following criteria in regard to a 

notification: 

(1) The notification must be in writing 

and sent to the office of each 

appropriate governor or the governor’s 

designee and each appropriate Tribal 

official or the Tribal official’s designee. 

A notification delivered by mail must be 

postmarked at least 7 days before 

transport of a shipment within or across 

the State or Tribal reservation. A 

notification delivered by messenger 

must reach the office of the governor or 

the governor’s designee and any Tribal 

official or Tribal official’s designee at 

least 4 days before transport of a 

shipment within or across the State or 

Tribal reservation. A list of the mailing 

addresses of governors and governors’ 

designees and Tribal officials and Tribal 

officials’ designees is available upon 

request from the Director, Division of 

Intergovernmental Liaison and 

Rulemaking, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555. 

(2) The notification must include the 

following information: 

(i) The name, address, and telephone 

number of the shipper, carrier and 

receiver. 

(ii) A description of the shipment as 

specified by the Department of 

Transportation in 49 CFR 172.202 and 

172.203(d). 

(iii) A listing of the routes to be used 

within the State or Tribal reservation. 

(iv) A statement that the information 

described in paragraph (f)(3) of this 

section is required by NRC regulations 

to be protected in accordance with the 

requirements of §§ 73.21 and 73.22. 

(3) The licensee shall provide the 

following information on a separate 

enclosure to the written notification: 

(i) The estimated date and time of 

departure from the point of origin of the 

shipment. 

(ii) The estimated date and time of 

entry into the governor’s State or Tribal 

reservation. 

(iii) For the case of a single shipment 

whose schedule is not related to the 

schedule of any subsequent shipment, a 

statement that schedule information 

must be protected in accordance with 

the provisions of §§ 73.21 and 73.22 

until at least 10 days after the shipment 

has entered or originated within the 

State or Tribal reservation. 

(iv) For the case of a shipment in a 

series of shipments whose schedules are 

related, a statement that schedule 

information must be protected in 

accordance with the provisions of 

§§ 73.21 and 73.22 until 10 days after 

the last shipment in the series has 

entered or originated within the State or 

Tribal reservation and an estimate of the 

date on which the last shipment in the 

series will enter or originate within the 

State or Tribal reservation. 

(4) A licensee shall notify by 

telephone or other means a responsible 

individual in the office of the governor 

or in the office of the governor’s 

designee and the office of the Tribal 

official or in the office of the Tribal 

official’s designee of any schedule 

change that differs by more than 6 hours 

from the schedule information 

previously furnished in accordance with 

paragraph (f)(3) of this section, and shall 

inform that individual of the number of 

hours of advance or delay relative to the 

written schedule information previously 

furnished. 

(g) State officials, State employees, 

Tribal officials, Tribal employees, and 

other individuals, whether or not 

licensees of the Commission, who 

receive schedule information of the kind 

specified in paragraph (f)(3) of this 

section shall protect that information 

against unauthorized disclosure as 

specified in §§ 73.21 and 73.22. 

8. In § 73.59, new paragraph (l) is 

added to read as follows: 

§ 73.59 Relief from fingerprinting, 

identification and criminal history records 

checks and other elements of background 

checks for designated categories of 

individuals. 

* * * * * 

(l) Tribal official or the Tribal 

official’s designated representative, and 

Tribal law enforcement personnel to 

whom access has been granted for the 

purpose of advance notification of 

shipments under provisions of 

§ 73.37(f). 

Dated at Rockville, Maryland this 1st day 

of December 2010. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–30478 Filed 12–3–10; 8:45 am] 

BILLING CODE 7590–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Parts 701, 704, and 741 

RIN 3133–AD74 

Corporate Credit Unions 

AGENCY: National Credit Union 

Administration (NCUA). 

ACTION: Notice of extension of comment 

period. 

SUMMARY: On November 18, 2010, the 

NCUA Board issued a proposed rule 

amending its corporate credit union 

rule. 75 FR 73000 (November 29, 2010). 

NCUA has received a request to extend 

the comment period set in the proposed 

rule and has determined to extend the 

comment period for an additional 30 

days. 

DATES: Comments must now be received 

by January 28, 2011. 

ADDRESSES: You may submit comments 

by any of the following methods (Please 

send comments by one method only): 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

NCUA Web site: http://www.ncua.gov/ 

Resources/RegulationsOpinionsLaws/ 

ProposedRegulations.aspx. 

Follow the instructions for submitting 

comments. 

E-mail: Address to 

regcomments@ncua.gov. Include ‘‘[Your 

name] Comments on ‘‘Notice of 

Proposed Rulemaking for Part 704— 

Corporate Credit Unions’’ in the e-mail 

subject line. 

Fax: (703) 518–6319. Use the subject 

line described above for e-mail. 


jdjones on DSK8KYBLC1PROD with PROPOSALS-1