This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

28449 

Vol. 72, No. 97 

Monday, May 21, 2007 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 1 

RIN 3150–AI17 

Emergency Preparedness Policies 

Developed for Nuclear Materials 

Facilities 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is amending its 

regulations that govern organization and 

functions of NRC offices. This action is 

necessary to clarify emergency 

preparedness program responsibilities 

of the Office of Nuclear Security and 

Incident Response. The current limiting 

reference of ‘‘nuclear reactors’’ will be 

replaced with the phrase ‘‘nuclear 

facilities.’’ 

DATES: The final rule is effective on 

August 6, 2007, unless significant 

adverse comments are received by June 

20, 2007. A significant adverse comment 

is a comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. If the 

NRC receives any significant adverse 

comments, the NRC will publish a 

document that withdraws the direct 

final rule and addresses the comments 

received in a final rule as a response to 

the companion proposed rule published 

elsewhere in this issue of the Federal 

Register. 

ADDRESSES: You may submit comments 

by any one of the following methods. 

Please include the following number 

(RIN 3150–AI17) in the subject line of 

your comments. Comments on 

rulemakings submitted in writing or in 

electronic form will be made available 

for public inspection. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

personal information such as social 

security numbers and birth dates in 

your submission. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: SECY@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. 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 Gallagher (301) 415– 

5905; e-mail cag@nrc.gov. Comments 

can also be submitted via the Federal 

eRulemaking Portal http:// 

www.regulations.gov. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

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

Federal workdays. (Telephone (301) 

415–1966). 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at (301) 

415–1101. 

Publicly available documents related 

to this rulemaking may be viewed 

electronically on the public computers 

located at the NRC’s Public Document 

Room (PDR), O1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland 20852. The PDR reproduction 

contractor will copy documents for a 

fee. Selected documents, including 

comments, may be viewed and 

downloaded electronically via the NRC 

rulemaking Web site at http:// 

ruleforum.llnl.gov. 

Publicly available documents created 

or received at the NRC after November 

1, 1999, are available electronically at 

the NRC’s Electronic Reading Room at 

http://www.nrc.gov/reading-rm/ 

adams.html. From this site, the public 

can gain entry into the NRC’s 

Agencywide Document Access and 

Management System (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 

PDR Reference staff at 1–800–397–4209, 

301–415–4737 or by e-mail to 

pdr@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kevin R. O’Sullivan, Office of Federal 

and State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone (301) 415– 

8112, e-mail kro2@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The NRC’s regulations at 10 CFR part 

1 identify the responsibilities of NRC 

program offices. On November 16, 2005 

(70 FR 69422), the NRC amended 10 

CFR part 1 to add, in a new § 1.46, the 

program responsibilities of the Office of 

Nuclear Security and Incident Response 

(NSIR). Section 1.46(c) specifies that 

NSIR develops emergency preparedness 

policies, regulations, programs, and 

guidelines for currently licensed nuclear 

reactors and potential new nuclear 

reactors. 

The only revision to 10 CFR 1.46 now 

being made is to 10 CFR 1.46(c) to 

remove reference to ‘‘nuclear reactors’’ 

and add the term ‘‘nuclear facilities.’’ 

Discussion 

Section 1.46(c) specifies that NSIR 

develops emergency preparedness 

policies, regulations, programs, and 

guidelines for both currently licensed 

nuclear reactors and potential new 

nuclear reactors. The emergency 

preparedness programs for other nuclear 

facilities, including fuel cycle, spent 

fuel storage, transportation, waste, and 

various non-fuel cycle materials 

facilities, have been the responsibility of 

the Office of Nuclear Material Safety 

and Safeguards (NMSS). In January 

2004, the Commission announced the 

consolidation of emergency 

preparedness and incident response 

functions within NSIR to centralize 

policy and program oversight of these 

activities. 

This rule removes the limiting 

reference of ‘‘nuclear reactors’’ and adds 

the phrase ‘‘nuclear facilities’’ to the 

end of § 1.46(c). 

This revision clarifies that NSIR has 

the programmatic responsibility for 

emergency preparedness policies, 

regulations, programs, and guidelines 

for all of the nuclear facilities that are 

under NRC jurisdiction. The transfer of 

certain emergency preparedness 

program responsibilities from NMSS to 

NSIR is being undertaken consistent 

with those Offices’ management 

commitments. 


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28450 Federal Register / Vol. 72, No. 97 / Monday, May 21, 2007 / Rules and Regulations 

Procedural Background 

Because the NRC considers this action 

to be non-controversial, the NRC is 

using the direct final rule process for 

this rule. This rule will become effective 

on August 6, 2007. However, if the NRC 

receives significant adverse comments 

on this direct final rule by June 20, 

2007, the NRC will publish a document 

that withdraws the direct final rule and 

address the comments received in a 

final rule as a response to the 

companion proposed rule published 

elsewhere in this issue of the Federal 

Register. Absent significant 

modifications to the proposed revisions 

requiring republication, the NRC will 

not initiate a second comment period on 

this action. 

A significant adverse comment is a 

comment where the commenter 

explains why the rule would be 

inappropriate, including challenges to 

the rule’s underlying premise or 

approach, or would be ineffective or 

unacceptable without a change. A 

comment is adverse and significant if: 

(1) The comment opposes the rule and 

provides a reason sufficient to require a 

substantive response in a notice-andcomment process. For example, a 

substantive response is required when: 

(A) The comment causes the NRC staff 

to reevaluate (or reconsider) its position 

or conduct additional analysis; 

(B) The comment raises an issue 

serious enough to warrant a substantive 

response to clarify or complete the 

record; or 

(C) The comment raises a relevant 

issue that was not previously addressed 

or considered by the NRC staff. 

(2) The comment proposes a change 

or an addition to the rule, and it is 

apparent that the rule would be 

ineffective or unacceptable without 

incorporation of the change or addition. 

(3) The comment causes the staff to 

make a change (other than editorial) to 

the rule. 

Voluntary Consensus Standards 

The National Technology Transfer Act 

of 1995 (Pub. L. 104–113) requires that 

Federal agencies use technical standards 

that are developed or adopted by 

voluntary consensus standards bodies 

unless the use of such a standard is 

inconsistent with applicable law or 

otherwise impractical. In this direct 

final rule, the NRC is amending its 

regulations to clarify NSIR emergency 

preparedness program responsibilities. 

This action does not constitute the 

establishment of a standard that 

establishes generally applicable 

requirements. 

Agreement State Compatibility 

Under the ‘‘Policy Statement on 

Adequacy and Compatibility of 

Agreement State Programs’’ approved by 

the Commission on June 30, 1997, and 

published in the Federal Register on 

September 3, 1997 (62 FR 46517), this 

portion of regulations is designated 

Category ‘‘NRC’’ and therefore, is not a 

matter of Compatibility. Although an 

Agreement State may not adopt program 

elements reserved for NRC, it may 

inform its licensees of certain 

requirements through a mechanism that 

is consistent with the particular States 

administrative procedures laws, but 

does not confer regulatory authority on 

the State. 

Plain Language 

The Presidential Memorandum dated 

June 1, 1998, entitled, ‘‘Plain Language 

in Government Writing’’ directed that 

the Government’s writing be in plain 

language. The NRC requests comments 

on this direct final rule specifically with 

respect to the clarity and effectiveness 

of the language used. Comments should 

be sent to the address listed under the 

heading ADDRESSES above. 

Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

direct final rule is the type of action 

described in categorical exclusion 10 

CFR 51.22(c)(2). Therefore neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for this direct final rule. 

Paperwork Reduction Act Statement 

This direct final rule does not contain 

information collection requirements 

and, therefore, is not subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

Regulatory Analysis 

A regulatory analysis has not been 

prepared for this direct final rule 

because this rule is considered a minor 

non-substantive amendment; it has 

insignificant economic impact on NRC 

licensees and the public. 

Regulatory Flexibility Certification 

As required by the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 605(b)), 

the Commission certifies that this rule 

does not have a significant economic 

impact on a substantial number of small 

entities. This rule merely clarifies NSIR 

programmatic responsibilities. 

Backfit Analysis 

The NRC has determined that the 

backfit rule does not apply to this direct 

final rule because this amendment does 

not involve any provisions that would 

impose backfits as defined in the backfit 

rule. Therefore, a backfit analysis is not 

required. 

Congressional Review Act 

As required by the Congressional 

Review Act of 1996, the NRC has 

determined that this action is not a 

major rule and has verified this 

determination with the Office of 

Information and Regulatory Affairs of 

OMB. 

List of Subjects in 10 CFR Part 1 

Organization and function 

(Government agencies). 

■ For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; and 5 U.S.C. 552 and 553; 

the NRC is adopting the following 

amendments to 10 CFR part 1. 

PART 1—STATEMENT OF 

ORGANIZATION AND GENERAL 

INFORMATION 

■ 1. The authority citation for part 1 

continues to read as follows: 

Authority: Secs. 23, 161, 68 Stat. 925, 948, 

as amended (42 U.S.C. 2033, 2201); sec. 29, 

Pub. L. 85–256, 71 Stat. 579, Pub. L. 95–209, 

91 Stat. 1483 (42 U.S.C. 2039); sec. 191, Pub. 

L. 87–615, 76 Stat. 409 (42 U.S.C. 2241); secs. 

201, 203, 204, 205, 209, 88 Stat. 1242, 1244, 

1245, 1246, 1248, as amended (42 U.S.C. 

5841, 5843, 5844, 5845, 5849); 5 U.S.C. 552, 

553; Reorganization Plan No. 1 of 1980, 45 

FR 40561, June 16, 1980. 

■ 2. In § 1.46, paragraph (c) is revised to 

read as follows: 

§ 1.46 Office of Nuclear Security and 

Incident Response. 

* * * * * 

(c) Develops emergency preparedness 

policies, regulations, programs, and 

guidelines for nuclear facilities; 

* * * * * 

Dated at Rockville, Maryland, this 8th day 

of May, 2007. 

For the Nuclear Regulatory Commission. 

Martin J. Virgilio, 

Acting Executive Director for Operations. 

[FR Doc. E7–9714 Filed 5–18–07; 8:45 am] 

BILLING CODE 7590–01–P 


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