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

80730 

Vol. 75, No. 246 

Thursday, December 23, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 70 

[Docket No. PRM–70–9; NRC–2010–0372] 

Francis Slakey on Behalf of the 

American Physical Society; Receipt of 

Petition for Rulemaking 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; notice 

of receipt. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC or Commission) is 

publishing for public comment a notice 

of receipt of a petition for rulemaking, 

dated November 10, 2010, which was 

filed with the NRC by Francis Slakey on 

behalf of the American Physical Society 

(APS). The petition was docketed by the 

NRC on November 18, 2010, and has 

been assigned Docket No. PRM–70–9. 

The petitioner requests that the NRC 

amend its regulations regarding the 

domestic licensing of special nuclear 

material to include proliferation 

assessments as part of the licensing 

process. 

DATES: Submit comments by March 8, 

2011. Comments received after this date 

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–2010–0372 in the subject line of 

your comments. For instructions on 

submitting comments and accessing 

documents related to this action, see 

‘‘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 rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0372. 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 301–415–1966. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

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

during Federal workdays (telephone: 

301–415–1966). 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 

301–415–1101. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Bladey, Chief, Rules, 

Announcements, and Directives Branch, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–492– 

3667. 

SUPPLEMENTARY INFORMATION: 

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, 

including the petition for rulemaking, 

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 

20852. 

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, 

301–415–4737, or by e-mail to 

PDR.Resource@nrc.gov. 

Federal rulemaking Web site: Public 

comments and supporting materials 

related to this action can be found at 

http://www.regulations.gov by searching 

on Docket ID NRC–2010–0372. 

Background 

Francis Slakey, on behalf of APS 

(petitioner), submitted a petition for 

rulemaking dated November 10, 2010. 

The APS is an organization of research 

physicists with members in academia, 

national laboratories, and industry. The 

petitioner requests that the NRC revise 

its regulations regarding the domestic 

licensing of special nuclear material to 

include proliferation assessments as 

part of the licensing process. The NRC 

has determined that the petition meets 

the threshold sufficiency requirements 

for a petition for rulemaking under title 

10 of the Code of Federal Regulations 

(10 CFR), section 2.802, and the petition 

has been docketed as PRM–70–9. The 

NRC is requesting public comment on 

the petition for rulemaking. 

Discussion of the Petition 

The petitioner stated that on February 

18, 2010, the APS Panel on Public 

Affairs (POPA) released a report entitled 

‘‘Technical Steps to Support Nuclear 

Arsenal Downsizing.’’ In the report, 

APS/POPA noted that over the next few 

years, the NRC would be reviewing 

license applications for new 

technologies, and that these new 

technologies could pose proliferation 

risks. Specifically, the report concluded 

that some of the enrichment and 

reprocessing (ENR) technologies could 

pose unique proliferation risks, and that 

these risks can best be addressed by 

including a Nuclear Proliferation 

Assessment (NPA) in the ENR licensing 

process. The petitioner believes that the 

current licensing process may be 

insufficient to cover all of the issues that 

would arise in an NPA for two reasons: 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 246 / Thursday, December 23, 2010 / Proposed Rules 80731 

(1) By having an NPA emerge as a ‘‘net 

effect’’ of the current licensing process 

rather than as an explicit request, nonproliferation is not given an adequate 

level of attention. The petitioner states 

that, under the current process, 

proliferation issues are spread across the 

entire license application process. As a 

result, the current process may overlook 

some properties of the new technology 

which may merit attention in a 

proliferation context. 

(2) Key questions that indicate the 

degree of proliferation risk of an ENR 

technology may not be addressed under 

the NRC’s ‘‘net effect’’ approach. The 

petitioner believes that a proliferation 

assessment would be incomplete 

without a consideration of these key 

questions, including, but not limited to: 

• Could the design of the technology 

be altered easily to allow for diversion 

of nuclear material? 

• Could the facility be constructed 

and operated in a manner that is 

undetectable? 

• Are there unique components of the 

technology whose acquisition would 

indicate the construction of such a 

facility and could be easily tracked? 

The petitioner proposes that the NRC 

amend its regulations at subpart D of 10 

CFR part 70, ‘‘Domestic Licensing of 

Special Nuclear Material,’’ to include a 

requirement for an NPA as follows: 

§ 70.22 Contents of applications. 

(o) Nuclear Proliferation Assessment. Each 

applicant for the license of an enrichment or 

reprocessing facility shall include an 

assessment of the proliferation risks that 

construction and operation of the proposed 

facility might pose. 

The petitioner believes that including 

a specific requirement for an NPA in the 

NRC regulations is consistent with the 

NRC requirement to evaluate whether 

the issuance of a license ‘‘would be 

inimical to the common defense and 

security or to the health and safety of 

the public.’’ 

Dated at Rockville, Maryland, this 16th day 

of December, 2010. 

For the Nuclear Regulatory Commission, 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–32242 Filed 12–22–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

Request for Exclusion of 120 Volt, 100 

Watt R20 Short Incandescent Reflector 

Lamps 

AGENCY: Office of the General Counsel, 

Department of Energy (DOE). 

ACTION: Petition for rulemaking; request 

for comment. 

SUMMARY: On November 29, 2010, the 

Department of Energy received a 

petition for rulemaking from the 

National Electrical Manufacturers 

Association (NEMA). The petition, 

requests the initiation of a rulemaking 

regarding a certain incandescent 

reflector lamp. The petition seeks to 

exclude from the coverage of energy 

conservation standards for incandescent 

reflector lamps a 120 volt, 100 watt R20 

short lamp, which is marketed for use 

in hot tub spas. Public comment is 

requested on whether DOE should grant 

the petition and proceed with a 

rulemaking procedure on this matter. 

DATES: Comments must be postmarked 

no later than January 24, 2011. 

ADDRESSES: Any comments submitted 

must reference ‘‘Petition for Rulemaking: 

Exclusion of 120 Volt, 100 Watt R20 

Short Incandescent Reflector Lamps.’’ 

Comments may be submitted using any 

of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: ShortLampsPetition-2010- 

PET-0047@ee.doe.gov. Include ‘‘Petition 

for Rulemaking’’ in the subject line of 

the message. 

• Postal Mail: John Cymbalsky, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: John 

Cymbalsky, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed original paper copy. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 287– 

1692, e-mail: 

john.cymbalsky@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

Administrative Procedure Act (APA), 5 

U.S.C. 551 et seq., provides among other 

things, that ‘‘[e]ach agency shall give an 

interested person the right to petition 

for the issuance, amendment, or repeal 

of a rule.’’ (5 U.S.C. 553(e)). Pursuant to 

this provision of the APA, NEMA 

petitioned the Department of Energy for 

the issuance of a new rule, as set forth 

below. In publishing this petition for 

public comment, the Department of 

Energy is seeking views on whether it 

should grant the petition and undertake 

a rulemaking to consider the proposal 

contained in this petition. By seeking 

comment on whether to grant this 

petition, the Department of Energy takes 

no position at this time regarding the 

merits of the suggested rulemaking. 

The proposed rulemaking sought by 

NEMA would exclude 120 volt, 100 

watt R20 short lamps from coverage of 

energy conservation standards for 

incandescent reflector lamps. The 

petition requests the Department of 

Energy stay enforcement of its energy 

conservation standard as applied to this 

type of lamp pending the outcome of 

this petition. The Department of Energy 

seeks public comment on whether DOE 

should grant the petition and proceed 

with a rulemaking procedure on this 

issue. 

Issued in Washington, DC, on December 

17, 2010. 

Scott Blake Harris, 

General Counsel. 

Set forth below is the full text of the 

National Electrical Manufacturers 

Association petition: 

BEFORE THE U.S. DEPARTMENT OF 

ENERGY 

November 29, 2010 

Petition for Rulemaking 

U.S. Department of Energy Attention: Hon. 

Catherine R. Zoi Acting Under Secretary of 

Energy 1000 Independence Avenue, SW 

Washington, D.C. 20585 

RE: Petition of the National Electrical 

Manufacturers Association To Undertake 

Rulemaking To Exclude 120 Volt, 100 

Watt R20 Short Lamps from Coverage of 

Energy Conservation Standards for 

Incandescent Reflector Lamps. Request 

for Stay of Enforcement Pending 

Rulemaking 

Dear Under Secretary Zoi: 

The National Electrical Manufacturers 

Association (NEMA), on behalf of its 

members who distribute in commerce certain 

incandescent reflector lamps, petitions the 

Department to commence a rulemaking 

pursuant to the Administrative Procedure 

Act to (1) determine that a certain type of 

incandescent reflector lamp—a 120 volt, 100 

watt R20 short, which is marketed 

exclusively for use in hot tub spas sold into 

specific jurisdictions that provide pools and 


srobinson on DSKHWCL6B1PROD with PROPOSALS