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

46512 

Vol. 74, No. 174 

Thursday, September 10, 2009 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 40 

[PRM–40–27; NRC–2008–0453] 

State of Colorado and the Organization 

of Agreement States; Consideration of 

Petition in the Rulemaking Process 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking: 

Resolution and closure of petition 

docket. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) received a petition 

for rulemaking dated May 10, 1999, 

filed by the State of Colorado and the 

Organization of Agreement States. The 

petition was docketed by the NRC and 

was assigned as PRM–40–27. The 

petitioners requested that the NRC 

regulations governing small quantities 

of source material be amended to 

eliminate the exemption for source 

material general licensees from the 

requirements that specify standards of 

protection against radiation, and require 

notification and instruction of 

individuals who participate in licensed 

activities. The petitioners believe that 

no basis exists for the existing 

exemption for these licensees from these 

requirements and that the licensee 

could exceed dose limits, in certain 

situations, that would normally apply to 

licensed operations. The NRC reviewed 

the petition and determined that this 

petition merits further consideration. 

Therefore, the concerns and issues 

raised in the petition will continue to be 

considered through an ongoing 

rulemaking. 

DATES: The docket for the petition for 

rulemaking, PRM–40–27, is closed on 

September 10, 2009. 

ADDRESSES: Public comments and NRC 

actions on the issues raised by this 

petition are accessible at the Federal 

rulemaking Web site, http:// 

www.regulations.gov, by searching on 

Docket ID NRC–2008–0453. Rulemaking 

documents that will further consider the 

issues related to PRM–40–27 may be 

located by searching on Docket ID NRC– 

2009–0084 at the Federal rulemaking 

Web site. The NRC also tracks all 

rulemaking actions in the ‘‘NRC 

Regulatory Agenda: Semiannual Report 

(NUREG–0936).’’ The Regulatory 

Agenda is a semiannual compilation of 

all rules on which the NRC has recently 

completed action, has proposed action, 

or is considering action, and of all 

petitions for rulemaking that the NRC is 

working to resolve. 

You can access publically available 

documents related to this petition for 

rulemaking using the following 

methods: 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under the following 

Docket ID: NRC–2008–0453. 

NRC’S Public Document Room (PDR): 

The public may examine, and have 

copied for a fee, publicly available 

documents at the NRC’s Public 

Document Room, Public File Area, 

Room O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, MD. 

NRC’s Agency-wide Document 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 

the 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 Public Document Room (PDR) 

Reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kimyata Morgan Butler, Office of 

Federal and State Materials and 

Environmental Management Programs, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001, telephone 

(301) 415–0733, e-mail: 

Kimyata.MorganButler@nrc.gov or Gary 

Comfort, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

8106, e-mail: Gary.Comfort@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On July 7, 1999 (64 FR 36615), the 

NRC published a notice of receipt of a 

petition for rulemaking filed by the 

State of Colorado and the Organization 

of Agreement States. The petitioners 

requested that the NRC amend its 

regulations to eliminate an exemption 

from the requirements of 10 CFR Parts 

19 and 20 that currently applies under 

the general license for small quantities 

of source material found in 10 CFR 

40.22(b) and require notification and 

instruction of individuals who 

participate in licensed activities. The 

petitioners believe that generally 

licensed quantities of source material 

may not have been regarded as a health 

and safety hazard when the exemption 

was enacted. However, the petitioners 

contend that industry experience has 

revealed that source material general 

licensees: 

(1) Can expose workers to levels of 

radiation that would normally require 

monitoring; 

(2) Dispose of radioactive materials in 

a manner that would not be acceptable 

for other licensees; 

(3) Produce contamination that 

exceeds release limits; and 

(4) Potentially exceed public dose 

limits to individuals other than those 

working at their facilities. 

The petitioners support their claims 

with examples of two cases that they 

believe illustrate the problem of the 

blanket exemption in 10 CFR 40.22(b). 

Public Comments on the Petition 

The notice of receipt of the petition 

for rulemaking invited interested 

persons to submit comments. The 

comment period closed on September 

20, 1999. The NRC received ten 

comment letters. Comment letters were 

submitted by two members of the 

public, one private company, and seven 

Agreement States. All of the 

commenters supported the petition. In 

addition, one comment letter was also 

considered as a separate petition for 

rulemaking (PRM–40–28) on depleted 

uranium counterweights and 

subsequently resolved separately from 

this petition. 

Most of the commenters reiterated the 

claims presented in the original 

petition. One commenter suggested that 

persons distributing source material 

should notify the recipients of the 

hazards of the material and the 


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Federal Register / Vol. 74, No. 174 / Thursday, September 10, 2009 / Proposed Rules 46513 

distributor should report shipments of 

‘‘larger’’ quantities to appropriate 

regulatory agencies. The same 

commenter also suggested that the 15- 

pound limit should potentially be 

reduced to a lower limit that was more 

appropriate for use under a general 

license. Two commenters provided 

additional examples of cases when the 

use of source material under the general 

license could have resulted in exposures 

in excess of the limits specified in 10 

CFR Part 20. 

Reasons for Closure of the Petition 

Although the NRC is not aware of 

widespread issues with the current 

general license requirements in 10 CFR 

40.22, the NRC has collected and 

evaluated data on practices allowed 

under the general license which 

indicate that it may be possible in 

certain situations for exposures to occur 

when the requirements in 10 CFR Parts 

19 and 20 would normally apply. The 

NRC concluded that the underlying 

issue of re-evaluating the safety 

significance of granting exemption for 

source material general licenses from 10 

CFR Parts 19 and 20 is an important one 

and merits further consideration 

through rulemaking. The NRC will 

continue consideration of this issue as 

part of a proposed rulemaking on 

‘‘Distribution of Source Material to 

Exempt Persons and General Licensees 

and Revision of 10 CFR 40.22 General 

License (Part 40),’’ RIN 3150–AH15. 

Further information on the rulemaking 

may be tracked through http:// 

www.regulations.gov under Docket ID 

NRC–2009–0084. 

Although the NRC will continue to 

consider the issues raised by the 

petition in the rulemaking process, the 

petitioners’ concerns may not be 

addressed exactly as the petitioners 

have requested. During the rulemaking 

process, the NRC will solicit comments 

from the public and will consider all 

comments before finalizing the rule. 

For the reasons cited in this 

document, the NRC closes the docket for 

PRM–40–27. 

Dated at Rockville, Maryland, this 20th day 

of August 2009. 

For the Nuclear Regulatory Commission. 

Bruce S. Mallett, 

Acting Executive Director for Operations. 

[FR Doc. E9–21860 Filed 9–9–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 609 

RIN 1901–AB27 

Loan Guarantees for Projects That 

Employ Innovative Technologies 

AGENCY: Office of the Chief Financial 

Officer, Department of Energy (DOE). 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: This notice announces that 

the period for submitting comments on 

the proposed rule to amend the 

regulations implementing the loan 

guarantee program authorized by 

section 1703 of Title XVII of the Energy 

Policy Act of 2005 is extended to 

September 22, 2009. In the proposed 

rule, DOE considers certain changes to: 

Provide flexibility in the determination 

of appropriate structures, collateral 

packages to secure guaranteed loan 

obligations, and other credit support; 

facilitate collateral sharing and related 

inter-creditor arrangements with other 

project lenders; and provide a more 

workable interpretation of certain 

statutory provisions regarding DOE’s 

treatment of collateral. 

DATES: Comments must be postmarked 

no later than September 22, 2009. 

ADDRESSES: Any comments submitted 

must reference the proposed rule to 

amend the regulations implementing the 

Title XVII loan guarantee program and 

RIN number 1901–AB21. 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: lgprogram@hq.doe.gov. 

Include RIN number 1901–AB21 in the 

subject line of the message. 

• Postal Mail: David G. Frantz, 

Director, Loan Guarantee Program 

Office, Office of the Chief Financial 

Officer, U.S Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: David G. 

Frantz, Director, Loan Guarantee 

Program Office, Office of the Chief 

Financial Officer, U.S. Department of 

Energy, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Please submit one signed original paper 

copy. 

FOR FURTHER INFORMATION CONTACT: 

David G. Frantz, Director, Loan 

Guarantee Program Office, Office of the 

Chief Financial Officer, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

8336, e-mail: lgprogram@hq.doe.gov; or 

Susan S. Richardson, Chief Counsel for 

the Loan Guarantee Program, Office of 

the General Counsel, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

8336, e-mail: lgprogram@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On August 

7, 2009, DOE published a proposed rule 

in the Federal Register to make certain 

changes to: (1) Provide flexibility in the 

determination of appropriate structures, 

collateral packages to secure guaranteed 

loan obligations, and other credit 

support; (2) facilitate collateral sharing 

and related inter-creditor arrangements 

with other project lenders; and (3) 

provide a more workable interpretation 

of certain statutory provisions regarding 

DOE’s treatment of collateral. (74 FR 

39565) The proposed rule provided for 

the submission of comments by 

September 8, 2009. In response to a 

request for additional time to comment 

on the proposed rule, DOE hereby 

extends the comment period and will 

consider any comments postmarked no 

later than September 22, 2009. DOE 

deems any comments received after 

publication of the proposed rule and by 

the September 22, 2009 postmark 

deadline to be timely submitted. 

Issued in Washington, DC, on September 3, 

2009. 

Steve Isakowitz, 

Chief Financial Officer. 

[FR Doc. E9–21756 Filed 9–9–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–0540; Airspace 

Docket No. 09–ASW–17] 

Proposed Amendment of Class E 

Airspace; Altus, OK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E airspace for the Altus, 

OK area. Additional controlled airspace 

is necessary to accommodate new 

Standard Instrument Approach 

Procedures (SIAPs) at Altus/Quartz 

Mountain Regional Airport, Altus, OK. 

The FAA is taking this action to 

enhance the safety and management of 

Instrument Flight Rules (IFR) aircraft 

operations at Altus/Quartz Mountain 

Regional Airport. 


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