Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Proposed Rules 56125 

NRC program elements in Category C 

are those 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 NRC program elements. 

The Commission also directed the staff 

to solicit information on the impacts of 

the change in compatibility. These 

meetings represent one mechanism 

being used to solicit information on the 

impacts of this change. 

Discussion 

On December 2, 2010, the 

Commission issued SECY–10–0105 and 

acted on the final rule that would 

amend 10 CFR part 31. The Commission 

decided to disapprove the publication of 

the final rule while revising the 

compatibility categories of §§ 31.5 and 

31.6 from B to C. The Commission 

directed staff to report back with a 

description of which Agreement States, 

if any, will act to modify their program 

as a result of the change in compatibility 

for §§ 31.5 and 31.6, how the programs 

were modified and provide an analysis 

of any transboundary impacts to the 

regulated community, particularly for 

those operating on a multi-state basis. 

The NRC staff queried the Agreement 

States to collect information on their 

current regulatory program, and 

whether they intend to modify their 

current regulations equivalent to §§ 31.5 

and 31.6. The feedback from the States 

received to date was that the Agreement 

States do not intend to modify their 

current general license (GL) regulatory 

programs as a result of the 

Commission’s decision to revise the 

compatibility categories of §§ 31.5 and 

31.6 from B to C. Therefore, the NRC 

staff has assumed that the current 

Agreement State GL regulatory 

environment is the base case for 

evaluating impacts on manufacturers 

and distributors and end-users. Given 

the assumption that the current 

regulatory environment will continue, 

the staff concluded that there would be 

minimal impact to manufacturers, 

distributors, and end-users of generally 

licensed devices. If this is incorrect, 

please provide the following 

information that details the impact to 

your business: 

(a) What would be the impacts of 

changing the compatibility categories of 

§§ 31.5 and 31.6 from B to C? 

(b) What would be the distribution 

impediments? 

(c) If there are any other impacts 

brought about by changes in the State 

regulations, please explain. 

To assist the NRC staff in evaluating 

the impact of the change in 

compatibility, the NRC staff requests 

additional information in the following 

areas: 

From Manufacturers/Distributors, it is 

necessary to understand: 

(a) What are the current practices 

used by companies to address multiple 

jurisdictions and the registration 

requirements of generally licensed 

devices and §§ 31.5 and 31.6 (or the 

State equivalent)? 

(b) What are the costs incurred by 

companies by doing business in 

multiple jurisdictions with regard to the 

registration requirements of generally 

licensed devices and §§ 31.5 and 31.6 

(or the State equivalent)? 

(c) What are the costs to health and 

safety in doing business in multiple 

jurisdictions with regard to the 

registration requirements of generally 

licensed devices and §§ 31.5 and 31.6 

(or the State equivalent)? 

(d) Do you have any comments on the 

regulation of generally licensed devices 

associated to §§ 31.5 and 31.6 (or the 

State equivalent) that affect you with 

regard to where your company is 

located or where your customers are 

located? 

From the End-Users, it is necessary to 

understand: 

(a) What is the difference in cost of 

generally licensed devices purchased by 

you in comparison to devices without 

radioactive material with regard to the 

registration requirements of generally 

licensed devices and §§ 31.5 and 31.6 

(or the State equivalent)? 

(b) What regulatory costs influence 

your decisions in the generally licensed 

devices that are purchased? 

(c) What choices are made by you 

regarding health and safety and security 

with regard to which generally licensed 

devices are purchased by you? 

(d) Do you have any comments 

regarding the regulation of generally 

licensed devices associated to §§ 31.5 

and 31.6 (or the State equivalent) that 

affect you with regard to where you are 

using your generally licensed devices? 

In addition to providing information 

at the public meetings, a submittal of 

information in response to the 

preceding questions may be sent to the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document through the end of the 

comment period. 

Public Meetings 

In selecting the dates for these public 

meetings, it is the goal for the NRC staff 

to organize and execute a facilitated 

discussion through which comments 

and suggestions can be obtained from 

the participants and attendees on the 

topics and issues identified in this 

document. The information obtained 

will help the NRC to better understand 

the impacts on the generally licensed 

device community of this change in 

compatibility. 

Each public meeting is planned for 

one day. The NRC staff will be available 

with background information to have an 

informal discussion from 12 p.m. to 

2 p.m. The NRC staff will make a brief 

presentation and then solicit 

information from the public from 2 p.m. 

to 5:30 p.m. 

The address for the meeting locations 

and final agenda for the public meetings 

will be available at least 10 days prior 

to the meetings on the NRC Public 

Meeting Schedule Web Site at http:// 

www.nrc.gov/public-involve/publicmeetings/index.cfm. Prior to the 

meeting, attendees are required to 

register with the meeting organizer to 

ensure sufficient accommodations can 

be made for their participation. Please 

let the contact person know if special 

services are needed (hearing impaired, 

etc.). 

Dated at Rockville, Maryland, this 1st day 

of September 2011. 

For the Nuclear Regulatory Commission. 

Jim Luehman, 

Acting Director, Division of Materials Safety 

and State Agreements, Office of Federal and 

State Materials and Environmental 

Management Programs. 

[FR Doc. 2011–23225 Filed 9–9–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2011–BT–STD–0047] 

RIN 1904–AC56 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Energy Conservation Standards for 

Direct Heating Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of extension of public 

comment period. 

SUMMARY: This notice announces that 

the period for submitting comments on 

the notice of proposed rulemaking for 

direct heating equipment is extended to 

October 14, 2011. 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
56126 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Proposed Rules 

DATES: DOE will accept comments, data, 

and information regarding the notice of 

proposed rulemaking for direct heating 

equipment received no later than 5 p.m. 

EDT on October 14, 2011. 

ADDRESSES: Any comments submitted 

must identify the notice of proposed 

rulemaking for direct heating equipment 

and provide docket number EERE– 

2011–BT–STD–0047 and/or RIN number 

1904–AC56. 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: 

Brenda.Edwards@ee.doe.gov. Include 

docket number EERE–2011–BT–STD– 

0047 and/or RIN 1904–AC56 in the 

subject line of the message. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or ASCII file 

format and avoid the use of special 

characters or any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., 6th Floor, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: The docket is available for 

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

including Federal Register notices, 

public meeting attendee lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the http://www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. The http:// 

www.regulations.gov Web page contains 

simple instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

submit a public comment, review other 

public comments and the docket, 

contact Ms. Brenda Edwards at (202) 

586–2945 or by e-mail: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mohammed Khan, 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. 

Telephone: (202) 586–7892. E-mail: 

Mohammed.Khan@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. E-mail: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On July 

22, 2011, DOE published a notice of 

proposed rulemaking (NOPR) in the 

Federal Register (76 FR 43941) which 

proposed amendments to DOE’s 

definition for ‘‘vented hearth heater.’’ 

The NOPR provided for the submission 

of written comments by September 20, 

2011. DOE held a public meeting to 

receive comment on its proposal on 

September 1, 2011. At the public 

meeting interested parties requested that 

DOE provide additional support 

materials for the NOPR, which DOE 

plans to post to its Web site. In order to 

provide interested parties with adequate 

time to review and respond to the 

additional materials, DOE has 

determined that an extension of the 

public comment period is appropriate 

and is hereby extending the comment 

period. DOE will consider any 

comments received by 5 p.m. EDT on 

October 14, 2011. 

Further Information on Submitting 

Comments 

Under 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit two copies: one copy of the 

document including all the information 

believed to be confidential, and one 

copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include (1) a 

description of the items, (2) whether 

and why such items are customarily 

treated as confidential within the 

industry, (3) whether the information is 

generally known by or available from 

other sources, (4) whether the 

information has previously been made 

available to others without obligation 

concerning its confidentiality, (5) an 

explanation of the competitive injury to 

the submitting person which would 

result from public disclosure, (6) when 

such information might lose its 

confidential character due to the 

passage of time, and (7) why disclosure 

of the information would be contrary to 

the public interest. 

Issued in Washington, DC, on September 2, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–23238 Filed 9–9–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 430 and 431 

[Docket Number EERE–2011–BT–NOA– 

0038] 

Energy Conservation Program: 

Treatment of ‘‘Smart’’ Appliances in 

Energy Conservation Standards and 

Test Procedures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of extension of public 

comment period. 

SUMMARY: This document announces 

that the period for submitting comments 

on the request for information on 

‘‘smart’’ appliances is extended to 

September 30, 2011. DOE seeks 

information and comments related to 

the analytical treatment of ‘‘smart’’ 

appliances in the development of DOE’s 

energy conservation standards, as well 

as in test procedures used to 

demonstrate compliance with DOE’s 

standards and qualification as an 

ENERGY STAR product. 

DATES: The U.S. Department of Energy 

(DOE) will accept comments, data, and 

information regarding the request for 

information on ‘‘smart’’ appliances 

published August 5, 2011 (76 FR 47518) 

if they are received no later than 

September 30, 2011. 

ADDRESSES: Any comments submitted 

must identify the request for 

information on ‘‘smart’’ appliances and 

provide docket number EERE–2011– 

BT–NOA–0038. 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: SmartApplianceRFI-2011- 

NOA-0038@ee.doe.gov. Include docket 

number EERE–2011–BT–NOA–0038 in 

the subject line of the message. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or ASCII file 

format and avoid the use of special 

characters or any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 


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