41794 Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Notices 

NUCLEAR REGULATORY 

COMMISSION 

Draft Regulatory Guide: Issuance, 

Availability 

The U.S. Nuclear Regulatory 

Commission (NRC) has issued for public 

comment a draft guide in the agency’s 

Regulatory Guide Series. This series has 

been developed to describe and make 

available to the public such information 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The draft regulatory guide, entitled 

‘‘Minimization of Contamination and 

Radioactive Waste Generation in 

Support of Decommissioning,’’ is 

temporarily identified by its task 

number, DG–4012, which should be 

mentioned in all related 

correspondence. 

The issuance of the final rule for 

Subpart E, ‘‘Radiological Criteria for 

License Termination,’’ of Title 10, Part 

20, ‘‘Standards for Protection Against 

Radiation,’’ of the Code of Federal 

Regulations (10 CFR part 20), published 

in Volume 62 of the Federal Register on 

July 21, 1997 (62 FR 39058–92), 

included specific requirements in 10 

CFR 20.1406, ‘‘Minimization of 

Contamination,’’ for the submission of 

information by license applicants with 

regard to design and operational 

procedures for minimizing 

contamination of the facility and the 

environment and for minimizing 

radioactive waste generation and 

facilitating decommissioning. As 

specifically stated, ‘‘Applicants for 

licenses, other than renewals, after 

August 20, 1997, shall describe in the 

application how facility design and 

procedures for operation will minimize, 

to the extent practicable, contamination 

of the facility and the environment, 

facilitate eventual decommissioning, 

and minimize, to the extent practicable, 

the generation of radioactive waste.’’

Therefore, a license applicant should 

consider the total life cycle of the 

facility, from initial facility layout and 

design to programs and procedures for 

operation to final decontamination and 

dismantling at the time of 

decommissioning. During the operating 

life of a facility, the design and 

operating procedures might change, but 

the objectives of 10 CFR 20.1406 need 

to be addressed. The purpose of this 

regulatory guide is to present guidance 

that will assist license applicants in 

effectively implementing this licensing 

requirement. 

The NRC staff is soliciting comments 

on Draft Regulatory Guide DG–4012. 

Comments may be accompanied by 

relevant information or supporting data, 

and should mention DG–4012 in the 

subject line. Comments submitted in 

writing or in electronic form will be 

made available to the public in their 

entirety through the NRC’s Agencywide 

Documents Access and Management 

System (ADAMS). Personal information 

will not be removed from your 

comments. You may submit comments 

by any of the following methods. 

Mail comments to: Rulemaking, 

Directives, and Editing Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555–

0001. 

E-mail comments to: 

NRCREP@nrc.gov. You may also submit 

comments via the NRC’s rulemaking 

Web site at http://ruleforum.llnl.gov. 

Address questions about our rulemaking 

Web site to Carol A. Gallagher (301) 

415–5905; e-mail CAG@nrc.gov. 

Hand-deliver comments to: 

Rulemaking, Directives, and Editing 

Branch, Office of Administration, U.S. 

Nuclear Regulatory Commission, 11555 

Rockville Pike, Rockville, Maryland 

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

on Federal workdays. 

Fax comments to: Rulemaking, 

Directives, and Editing Branch, Office of 

Administration, U.S. Nuclear Regulatory 

Commission at (301) 415–5144. 

Requests for technical information 

about Draft Regulatory Guide DG–4012 

may be directed to NRC Senior Program 

Manager, Edward O’Donnell, at (301) 

415–6265 or e-mail EXO@nrc.gov. 

Comments would be most helpful if 

received by November 1, 2007. 

Comments received after that date will 

be considered if it is practical to do so, 

but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

Although a time limit is given, 

comments and suggestions in 

connection with items for inclusion in 

guides currently being developed or 

improvements in all published guides 

are encouraged at any time. 

Electronic copies of Draft Regulatory 

Guide DG–4012 are available through 

the NRC’s public Web site under Draft 

Regulatory Guides in the Regulatory 

Guides document collection of the 

NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession #ML071210011. 

In addition, regulatory guides are 

available for inspection at the NRC’s 

Public Document Room (PDR), which is 

located at 11555 Rockville Pike, 

Rockville, Maryland. The PDR’s mailing 

address is USNRC PDR, Washington, DC 

20555–0001. The PDR can also be 

reached by telephone at (301) 415–4737 

or (800) 397–4209, by fax at (301) 415–

3548, and by e-mail to PDR@nrc.gov. 

Requests for single copies of draft or 

final guides (which may be reproduced) 

should be made in writing to the U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, Attention: 

Reproduction and Distribution Services 

Section; by e-mail to 

DISTRIBUTION@nrc.gov; or by fax to 

(301) 415–2289. Telephone requests 

cannot be accommodated. 

Regulatory guides are not 

copyrighted, and Commission approval 

is not required to reproduce them. 

(5 U.S.C. 552(a)) 

Dated at Rockville, Maryland, this 15 day 

of June, 2007. 

For the U.S. Nuclear Regulatory 

Commission. 

Jimi T. Yerokun, 

Chief, Risk Applications and Special Projects 

Branch, Division of Risk Assessment and 

Special Projects, Office of Nuclear Regulatory 

Research. 

[FR Doc. E7–14718 Filed 7–30–07; 8:45 am] 

BILLING CODE 7590–01–P 

UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Request for public comment. 

SUMMARY: On May 1, 2007, the 

Commission submitted to the Congress 

amendments to the sentencing 

guidelines and official commentary, 

which become effective on November 1, 

2007, unless Congress acts to the 

contrary. Such amendments and the 

reasons for amendment subsequently 

were published in the Federal Register. 

72 FR 28558 (May 21, 2007). Two of the 

amendments, specifically Amendment 9 

pertaining to offenses involving cocaine 

base (‘‘crack’’) and Amendment 12 

pertaining to certain criminal history 

rules, have the effect of lowering 

guideline ranges. The Commission 

requests comment regarding whether 

either amendment should be included 

in subsection (c) of § 1B1.10 (Reduction 

in Term of Imprisonment as a Result of 

Amended Guideline Range (Policy 

Statement)) as amendments that may be 


rmajette on PROD1PC64 with NOTICES
Federal Register / Vol. 72, No. 146 / Tuesday, July 31, 2007 / Notices 41795 

applied retroactively to previously 

sentenced defendants. The Commission 

also requests comment regarding 

whether, if it amends § 1B1.10(c) to 

include either amendment, it also 

should amend § 1B1.10 to provide 

guidance to the courts on the procedure 

to be used when applying an 

amendment retroactively under 18 

U.S.C. 3582(c)(2). 

DATES: Public comment should be 

received on or before October 1, 2007. 

ADDRESSES: Send comments to: United 

States Sentencing Commission, One 

Columbus Circle, NE., Suite 2–500, 

South Lobby, Washington, DC 20002–

8002, Attention: Public AffairsRetroactivity Public Comment. 

FOR FURTHER INFORMATION CONTACT: 

Michael Courlander, Public Affairs 

Officer, Telephone: (202) 502–4590. 

SUPPLEMENTARY INFORMATION: Section 

3582(c)(2) of title 18, United States 

Code, provides that ‘‘in the case of a 

defendant who has been sentenced to a 

term of imprisonment based on a 

sentencing range that has subsequently 

been lowered by the Sentencing 

Commission pursuant to 28 U.S.C. 

994(o), upon motion of the defendant or 

the Director of the Bureau of Prisons, or 

on its own motion, the court may reduce 

the term of imprisonment, after 

considering the factors set forth in 

section 3553(a) to the extent that they 

are applicable, if such a reduction is 

consistent with applicable policy 

statements issued by the Sentencing 

Commission.’’

The Commission lists in § 1B1.10(c) 

the specific guideline amendments that 

the court may apply retroactively under 

18 U.S.C. 3582(c)(2). The background 

commentary to § 1B1.10 lists the 

purpose of the amendment, the 

magnitude of the change in the 

guideline range made by the 

amendment, and the difficulty of 

applying the amendment retroactively 

to determine an amended guideline 

range under § 1B1.10(b) as among the 

factors the Commission considers in 

selecting the amendments included in 

§ 1B1.10(c). To the extent practicable, 

public comment should address each of 

these factors. 

The text of the amendments 

referenced in this notice also may be 

accessed through the Commission’s Web 

site at www.ussc.gov. 

Authority: 28 U.S.C. 994(a), (o), (u); USSC 

Rules of Practice and Procedure 4.1, 4.3. 

Ricardo H. Hinojosa, 

Chair. 

[FR Doc. 07–3734 Filed 7–30–07; 8:45 am] 

BILLING CODE 2211–01–P 

UNITED STATES SENTENCING 

COMMISSION 

Sentencing Guidelines for United 

States Courts 

AGENCY: United States Sentencing 

Commission. 

ACTION: Notice of proposed priorities. 

Request for public comment. 

SUMMARY: As part of its statutory 

authority and responsibility to analyze 

sentencing issues, including operation 

of the federal sentencing guidelines, and 

in accordance with Rule 5.2 of its Rules 

of Practice and Procedure, the 

Commission is seeking comment on 

possible priority policy issues for the 

amendment cycle ending May 1, 2008. 

DATES: Public comment should be 

received on or before August 23, 2007. 

ADDRESSES: Send comments to: United 

States Sentencing Commission, One 

Columbus Circle, NE., Suite 2–500, 

South Lobby, Washington, DC 20002–

8002, Attention: Public Affairs-Priorities 

Comment. 

FOR FURTHER INFORMATION CONTACT: 

Michael Courlander, Public Affairs 

Officer, Telephone: (202) 502–4590. 

SUPPLEMENTARY INFORMATION: The 

United States Sentencing Commission is 

an independent agency in the judicial 

branch of the United States 

Government. The Commission 

promulgates sentencing guidelines and 

policy statements for federal sentencing 

courts pursuant to 28 U.S.C. 994(a). The 

Commission also periodically reviews 

and revises previously promulgated 

guidelines pursuant to 28 U.S.C. 994(o) 

and submits guideline amendments to 

the Congress not later than the first day 

of May each year pursuant to 28 U.S.C. 

994(p). 

The Commission provides this notice 

to identify tentative priorities for the 

amendment cycle ending May 1, 2008. 

The Commission recognizes, however, 

that other factors, such as the enactment 

of any legislation requiring Commission 

action, may affect the Commission’s 

ability to complete work on any of the 

tentative priorities by the statutory 

deadline of May 1, 2008. Accordingly, it 

may be necessary to continue work on 

some of these issues beyond the 

amendment cycle ending on May 1, 

2008. 

As so prefaced, the Commission has 

identified the following tentative 

priorities: 

(1) Implementation of crime 

legislation enacted during the 110th 

Congress warranting a Commission 

response, including (A) the Animal 

Fighting Prohibition Enforcement Act of 

2007, Public Law 110(22 ; and (B) any 

other legislation authorizing statutory 

penalties or creating new offenses that 

requires incorporation into the 

guidelines. 

(2) Continuation of its work with 

Congress and other interested parties on 

cocaine sentencing policy to implement 

the recommendations set forth in the 

Commission’s 2002 and 2007 reports to 

Congress, both entitled Cocaine and 

Federal Sentencing Policy, and to 

develop appropriate guideline 

amendments in response to any related 

legislation. 

(3) Continuation of its work with the 

congressional, executive, and judicial 

branches of the government and other 

interested parties on appropriate 

responses to United States v. Booker 

and United States v. Rita, including any 

appropriate amendments to the 

guidelines or other changes to the 

Guidelines Manual to reflect those 

decisions, as well as continuation of its 

monitoring and analysis of post-Booker 

federal sentencing practices, data, case 

law, and other feedback, including 

reasons for departures and variances 

stated by sentencing courts. 

(4) Continuation of its policy work 

regarding immigration offenses, 

specifically, offenses sentenced under 

2L1.1 (Smuggling, Transporting, or 

Harboring an Unlawful Alien) and 2L1.2 

(Unlawfully Entering or Remaining in 

the United States) and implementation 

of any immigration legislation that may 

be enacted. 

(5) Continuation of its policy work, in 

light of the Commission’s prior and 

ongoing research on criminal history, to 

develop and consider possible options 

that might improve the operation of 

Chapter Four (Criminal History). 

(6) Continuation of guideline 

simplification efforts with consideration 

and possible development of options 

that might improve the operation of the 

sentencing guidelines. 

(7) Resolution of a number of circuit 

conflicts, pursuant to the Commission’s 

continuing authority and responsibility, 

under 28 U.S.C. 991(b)(1)(B) and 

Braxton v. United States, 500 U.S. 344 

(1991), to resolve conflicting 

interpretations of the guidelines by the 

federal courts. 

(8) Preparation and dissemination, 

pursuant to the Commission’s authority 

under 28 U.S.C. 995(a)(12)–(16), of 

research reports on various aspects of 

federal sentencing policy and practice, 

including information on any 

amendments that might be appropriate 

in response to those reports. 

The Commission hereby gives notice 

that it is seeking comment on these 

tentative priorities and on any other 


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