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

8843 

Vol. 75, No. 38 

Friday, February 26, 2010 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[Docket No. PRM–50–94; RC–2010–0004] 

Sherwood Martinelli; Receipt of 

Petition for Rulemaking 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; notice 

of receipt. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is publishing for 

public comment a notice of receipt of a 

petition for rulemaking, dated December 

23, 2009, which was filed with the NRC 

by Sherwood Martinelli. The petition 

was docketed by the NRC on December 

24, 2009, and has been assigned Docket 

No. PRM–50–94. The petitioner requests 

that the NRC amend its regulations 

regarding the domestic licensing of 

production and utilization facilities. 

Specifically, the petitioner requests that 

the NRC revise its regulations as they 

relate to decommissioning and 

decommissioning funding. 

DATES: Submit comments by May 12, 

2010. 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–2010–0004 in the subject line of 

your comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site 

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 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–2010–0004. Comments may be 

submitted electronically through this 

Web site. Address questions about NRC 

dockets to Carol Gallagher, 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 am and 4:15 pm 

Federal workdays (telephone (301) 415– 

1677). 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at (301) 

415–1101. 

You can access publicly available 

documents related to this petition, 

including the incoming 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 the NRC’s PDR, Room O1 

F21, 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, including the 

incoming petition for rulemaking 

(ADAMS Accession No. ML093620175), 

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 petition for rulemaking 

can be found at http:// 

www.regulations.gov by searching on 

Docket ID NRC–2010–0004. 

FOR FURTHER INFORMATION CONTACT: 

Michael T. Lesar, Chief, Rulemaking 

and Directives Branch, Division of 

Administrative Services, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, Telephone: 301–492–3663 or Toll 

Free: 800–368–5642. 

SUPPLEMENTARY INFORMATION: 

Background 

Sherwood Martinelli (petitioner) 

submitted a petition for rulemaking 

dated December 23, 2009. The petitioner 

requests that the NRC revise its 

regulations as they relate to 

decommissioning and decommissioning 

funding. The NRC has determined that 

the petition meets the threshold 

sufficiency requirements for a petition 

for rulemaking under 10 CFR 2.802. The 

petition has been docketed as PRM–50– 

94. The NRC is requesting public 

comment on the petition for rulemaking. 

Discussion of the Petition 

The petitioner believes that with the 

current state of the economy, a 2-year 

reporting requirement is not adequate to 

ensure the safety and adequacy of funds 

set aside for the decommissioning of a 

nuclear power plant. The petitioner 

requests that the NRC amend its 

regulations to require yearly reporting 

by licensees on the status of these 

financial mechanisms used to ensure 

funding, and biannual reporting if the 

license is within 5 years of expiration. 

The petitioner further requests that the 

NRC require additional deposits to the 

funding accounts within 90 days from 

the time a shortage is noted in the 

annual reports. 

According to the petitioner, licensees 

may choose from three alternative 

decommissioning strategies: DECON 

(immediate removal or 

decontamination), SAFSTOR (‘‘delayed 

DECON’’), or ENTOMB (permanent 

encasement onsite). The petitioner 

believes that the SAFSTOR 

decommissioning option allows 

licensees to turn the reactor sites into 

long-term high-level waste storage 

facilities. The petitioner cites the NRC 

Fact Sheet, Decommissioning Nuclear 


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8844 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Proposed Rules 

1The House report states: 

Considerable testimony was received by the 

Committee from the Justice Department, the United 

States Attorney for the Southern District of New 

York, the Treasury Department, the Internal 

Revenue Service, the Securities and Exchange 

Commission, the Defense Department and the 

Agency for International Development about serious 

and widespread use of foreign financial facilities 

located in secrecy jurisdictions for the purpose of 

violating American law. Secret foreign bank 

accounts and secret foreign financial institutions 

have permitted proliferation of ‘white collar’ crime; 

have served as the financial underpinning of 

organized criminal operations in the United States; 

have been utilized by Americans to evade income 

taxes, conceal assets illegally, and purchase gold; 

have allowed Americans and others to avoid the 

law and regulations governing securities and 

exchanges; have served as essential ingredients in 

frauds including schemes to defraud the United 

States; have served as the ultimate depository of 

black market proceeds from Vietnam; have served 

as a source of questionable financing for 

conglomerate and other corporate stock 

acquisitions, mergers and takeovers; have covered 

conspiracies to steal from the U.S. defense and 

foreign aid funds; and have served as the cleansing 

agent for ‘hot’ or illegally obtained monies. H.R. 

Rep. No. 975 91st Cong. 2d Sess. 12 (1970). 

2See Tax Haven Banks and U.S. Tax Compliance, 

Staff Report, Permanent Subcommittee on 

Investigations, Senate Comm. on Homeland 

Security and Governmental Affairs, (July 17, 2008); 

Tax Haven Abuses: The Enablers, the Tools and 

Secrecy, Staff Report, Permanent Subcommittee on 

Investigations, Senate Comm. on Homeland 

Security and Governmental Affairs, (Aug. 1, 2006). 

3See 31 U.S.C. 5312(a)(1) which excepts from the 

definition of financial agency a person acting for a 

country, a monetary or financial authority acting as 

a monetary or financial authority or an international 

Power Plants, which states that a 

decision by a licensee to adopt a 

combination of DECON and SAFSTOR 

may be based on factors such as the 

availability of waste disposal sites. The 

petitioner believes that this wording 

creates a loophole whereby a site 

choosing the SAFSTOR option would 

not be returned to unrestricted use 

within a period of 60 years from the 

time reactor operation ceases. The 

petitioner requests that the NRC amend 

its regulations to clarify that a licensee’s 

choice of alternative decommissioning 

strategy must result in the return of the 

site to unrestricted use within 60 years 

and that the NRC eliminate the 

ENTOMB strategy as an option. 

The petitioner believes that, if 

implemented, the reporting and 

financial assurance amendments 

proposed would provide reasonable 

assurance that funds will be available 

when needed to clean up a plant site 

and avoid costly legacy sites to be 

cleaned up at taxpayer expense. With 

respect to the proposal to clarify the 

decommissioning strategies available to 

licensees, the petitioner believes that 

these proposed amendments assure that 

portions of the facility containing 

radioactive contaminants would be 

removed or decommissioned to a level 

that permits release of the property for 

unrestricted use within 60 years after 

the cessation of operations. 

Dated at Rockville, Maryland, this 22nd 

day of February, 2010. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2010–3989 Filed 2–25–10; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF THE TREASURY 

31 CFR Part 103 

RIN 1506–AB08 

Financial Crimes Enforcement 

Network; Amendment to the Bank 

Secrecy Act Regulations—Reports of 

Foreign Financial Accounts 

AGENCY: Financial Crimes Enforcement 

Network (FinCEN), Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: FinCEN, a bureau of the 

Department of the Treasury (Treasury), 

is proposing to revise the regulations 

implementing the Bank Secrecy Act 

(BSA) regarding reports of foreign 

financial accounts. The proposed rule 

would clarify which persons will be 

required to file reports of foreign 

financial accounts and which accounts 

will be reportable. In addition, the 

proposed rule would exempt certain 

persons with signature or other 

authority over foreign financial accounts 

from filing reports and would include 

provisions intended to prevent United 

States persons from avoiding this 

reporting requirement. 

DATES: Written comments on the notice 

of proposed rulemaking may be 

submitted on or before April 27, 2010. 

ADDRESSES: You may submit comments, 

identified by RIN 1506–AB08, by any of 

the following methods: 

• Federal e-rulemaking portal: http:// 

www.regulations.gov. Refer to Docket 

Number Fincen–2009–0008 and follow 

the instructions for submitting 

comments. 

• Mail: FinCEN, P.O. Box 39, Vienna, 

VA 22183. Include RIN 1506–AB08 in 

the body of the text. 

Inspection of comments: Comments 

may be inspected, between 10 a.m. and 

4 p.m., in the FinCEN reading room in 

Vienna, VA. Persons wishing to inspect 

the comments submitted must request 

an appointment with the Disclosure 

Officer by telephoning (703) 905–5034 

(not a toll-free call). 

FOR FURTHER INFORMATION CONTACT: 

Regulatory Policy and Programs 

Division, FinCEN (800) 949–2732 and 

select option 1. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The provision of the BSA authorizing 

reports of foreign financial accounts 

reflects congressional concern that 

foreign financial institutions were being 

used to evade domestic criminal, tax, 

and regulatory laws. The House report 

on the bill leading to the enactment of 

the BSA described the use of 

undisclosed foreign financial accounts 

for a wide range of abuses.1 Nearly four 

decades after the enactment of the BSA, 

foreign financial accounts continue to 

be used for many of the abuses 

cataloged by Congress when it was 

originally considering the enactment of 

the BSA. For example, the Senate 

Permanent Subcommittee on 

Investigations has found that Americans 

have continued to use complex schemes 

to try to conceal their foreign financial 

accounts in attempts to circumvent 

United States law.2

Considerable effort has been made to 

address these abuses. The Internal 

Revenue Service (IRS), for example, has 

several projects focused on the use of 

offshore accounts to evade federal 

income taxes. 

II. Background 

A. Statutory and Regulatory Background 

The BSA, Titles I and II of Public Law 

91–508, as amended, codified at 12 

U.S.C. 1829b, 12 U.S.C. 1951–1959, and 

31 U.S.C. 5311–5314 and 5316–5332, 

authorizes the Secretary of the Treasury 

(Secretary), among other things, to issue 

regulations requiring persons to keep 

records and file reports that are 

determined to have a high degree of 

usefulness in criminal, tax, regulatory, 

and counterterrorism matters. The 

regulations implementing the BSA 

appear at 31 CFR Part 103. The 

Secretary’s authority to administer the 

BSA has been delegated to the Director 

of FinCEN. 

Under 31 U.S.C. 5314 the Secretary is 

authorized to require any ‘‘resident or 

citizen of the United States, or a person 

in, and doing business in, the United 

States, to * * * keep records and file 

reports, when the resident, citizen, or 

person makes a transaction or maintains 

a relation for any person with a foreign 

financial agency.’’ For this purpose, 

foreign financial agency means ‘‘a 

person acting for a person as a financial 

institution bailee, depository trustee or 

agent, or acting in a similar way related 

to money, credit, securities, gold, or in 

a transaction in money, credit, securities 

or gold.’’ 3 The Secretary is also 


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