28194 Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Proposed Rules 

operate what are known as Category I 

facilities, which supply fuel for use in 

naval reactors and in research and test 

reactors. 

The MC&A requirements for Category 

I–III facilities include general 

performance objectives, and most of 

these facilities must meet item control 

requirements. 

B. Discussion 

The MC&A provisions would be 

revised to include general performance 

objectives applicable to all licensees 

authorized to possess SNM. Licensees 

authorized to hold significant amounts 

of SNM would be required to have 

written MC&A procedures. Licensees 

authorized to possess any quantity of 

SNM would be required to have item 

control systems. Subparts C and D of 10 

CFR part 74 (applicable to Category III, 

and II facilities, respectively) would be 

revised to remove most of the current 

exemptions from the item control 

requirements. Subparts C, D, and E 

would be revised to introduce the twoperson rule (i.e., having at least two, 

qualified and authorized individuals to 

complete and observe certain 

operations). Category I, II and III 

facilities would be required to establish 

procedures for tamper-safing storage 

containers or locations, and to specify 

material balance areas, item control 

areas, and custodial responsibility for 

these areas. 

Category I, II and III facilities must 

have fundamental nuclear material 

control (FNMC) plans that have been 

approved by the NRC. The NRC staff’s 

view is that FNMC is an outdated term, 

as it does not include ‘‘accounting,’’ and 

thus does not fully describe the 

accounting aspects that MC&A programs 

must include. Existing references in 

subparts C, D, and E of 10 CFR part 74 

to FNMC plans would therefore be 

replaced with references to an MC&A 

plan. The proposed rulemaking would 

also: 

• Consolidate in 10 CFR part 74 the 

MC&A requirements currently in 10 

CFR part 72 for independent spent fuel 

storage installations (ISFSIs); 

• Revise 10 CFR 150.17, which is 

applicable to those authorized to hold 

SNM in Agreement States, to conform to 

the proposed revisions to 10 CFR 74.13. 

No substantive changes would be 

involved; 

• Make references to due dates and 

reporting frequencies more uniform by 

expressing such timeframes in terms of 

calendar days; 

• Amend 10 CFR 74.4 by adding, 

removing, and modifying certain 

defined terms that are used throughout 

10 CFR part 74. The proposed 

definitions to be added are: Accounting, 

custodian, item control area, item 

control system, material balance area, 

material control and accounting, and 

two-person rule. The term effective 

kilograms of special nuclear material 

would be removed. In this regard, the 

affected requirements would instead 

refer to grams or kilograms of material. 

Definitions of the following terms 

would be modified: Formula quantity, 

special nuclear material of moderate 

strategic significance, and special 

nuclear material of low strategic 

significance. These terms would be 

modified respectively to refer to certain 

quantities of SNM as Category I, 

Category II, or Category III, consistent 

with the existing definitions of these 

terms in 10 CFR parts 70 and 73; 

• Add Appendix A, ‘‘Categories of 

Special Nuclear Material,’’ to 10 CFR 

part 74. This Appendix would be based 

on existing Appendix M to 10 CFR part 

110, and would show the SNM quantity 

limits respectively for Category I, 

Category II, and Category III; the 

corresponding subpart in 10 CFR part 74 

for each category; and the formulae to 

calculate any combination of strategic 

SNM within the quantity limits for a 

category. 

The NRC is making the preliminary 

proposed rule language summarized in 

this notice available to inform 

stakeholders of the current status of this 

proposed rulemaking, and is inviting 

comment on the language. This 

preliminary proposed rule language may 

be subject to significant revisions during 

the rulemaking process. Public input at 

this stage will help inform the 

development of the proposed rule. 

The NRC will review and consider 

any comments received; however, the 

NRC will not respond to any comments 

received at this pre-rulemaking stage. As 

appropriate, the Statements of 

Consideration for the proposed rule will 

briefly discuss any substantive changes 

made to the preliminary language as a 

result of the comments now being 

solicited. Stakeholders will have a 

further opportunity to comment on the 

rule language when it is published as a 

proposed rule in accordance with the 

provisions of the Administrative 

Procedures Act. The NRC will respond 

to any such comments in the Statements 

of Consideration published with the 

final rule language. 

The NRC may post updates to the 

preliminary proposed rule language on 

the Federal rulemaking Web site under 

Docket ID NRC–2009–0096. 

Regulations.gov allows members of the 

public to set-up notifications so that 

they may be alerted when documents 

are added to a docket. Users are notified 

via e-mail at an e-mail address provided 

at the time of registration for the 

notification. Directions for signing up 

for the automatic notifications can be 

found at http://www.regulations.gov. To 

do so, search for the docket you are 

interested in and then choose E-mail 

Alerts. 

Dated at Rockville, Maryland, this 6th day 

of May 2011. 

For the Nuclear Regulatory Commission. 

Josephine M. Piccone, 

Director, Division of Intergovernmental 

Liaison and Rulemaking, Office of Federal 

and State Materials and Environmental 

Management Programs. 

[FR Doc. 2011–11923 Filed 5–13–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1703 

Proposed FOIA Fee Schedule Update 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Pursuant to 10 CFR 

1703.107(b)(6) of the Board’s 

regulations, the Defense Nuclear 

Facilities Safety Board is publishing its 

proposed Freedom of Information Act 

(FOIA) Fee Schedule Update and 

solicits comments from interested 

organizations and individual members 

of the public. 

DATES: To be considered, comments 

must be mailed or delivered to the 

address listed below by 5 p.m. on or 

before June 15, 2011. 

ADDRESSES: Comments on the proposed 

fee schedule should be mailed or 

delivered to the Office of the General 

Counsel, Defense Nuclear Facilities 

Safety Board, 625 Indiana Avenue, NW., 

Suite 700, Washington, DC 20004. All 

comments will be placed in the Board’s 

public files and will be available for 

inspection between 8:30 a.m. and 4:30 

p.m., Monday through Friday (except on 

Federal holidays), in the Board’s Public 

Reading Room at the same address. 

FOR FURTHER INFORMATION CONTACT: 

Brian Grosner, General Manager, 

Defense Nuclear Facilities Safety Board, 

625 Indiana Avenue, NW., Suite 700, 

Washington, DC 20004–2901, (202) 694– 

7060. 

SUPPLEMENTARY INFORMATION: The FOIA 

requires each Federal agency covered by 

the Act to specify a schedule of fees 

applicable to processing of requests for 

agency records. 5 U.S.C. 552(a)(4)(i). 

Pursuant to 10 CFR 1703.107(b)(6) of the 


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Federal Register / Vol. 76, No. 94 / Monday, May 16, 2011 / Proposed Rules 28195 

Board’s regulations, the Board’s General 

Manager will update the FOIA Fee 

Schedule once every 12 months. 

Previous Fee Schedule Updates were 

published in the Federal Register and 

went into effect, most recently, on July 

12, 2010, 75 FR 39629. The Board’s 

proposed fee schedule is consistent with 

the guidance. The components of the 

proposed fees (hourly charges for search 

and review and charges for copies of 

requested documents) are based upon 

the Board’s specific cost. 

Board Action 

Accordingly, the Board proposes to 

establish the following schedule of 

updated fees for services performed in 

response to FOIA requests: 

DEFENSE NUCLEAR FACILITIES SAFETY BOARD SCHEDULE OF FEES FOR FOIA SERVICES

[Implementing 10 CFR 1703.107(b)(6)] 

Search or Review Charge ........................................................................ $77.00 per hour. 

Copy Charge (paper) ................................................................................ $.12 per page, if done in-house, or generally available commercial rate 

(approximately $.10 per page). 

Electronic Media ....................................................................................... $5.00. 

Copy Charge (audio cassette) ................................................................. $3.00 per cassette. 

Duplication of DVD ................................................................................... $25.00 for each individual DVD; $16.50 for each additional individual 

DVD. 

Copy Charge for large documents (e.g., maps, diagrams) ..................... Actual commercial rates. 

Dated: May 3, 2011. 

Brian Grosner, 

General Manager. 

[FR Doc. 2011–11880 Filed 5–13–11; 8:45 am] 

BILLING CODE 3670–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2006–0502; FRL–9305–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Mexico; Sunland Park 1-Hour Ozone 

Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to the New Mexico State 

Implementation Plan (SIP). The revision 

consists of a maintenance plan for 

Sunland Park, New Mexico developed 

to ensure continued attainment of the 8- 

hour ozone National Ambient Air 

Quality Standard (NAAQS) through the 

year 2014. The Maintenance Plan meets 

the requirements of Section 110(a)(1) of 

the Federal Clean Air Act (CAA), EPA’s 

rules, and is consistent with EPA’s 

guidance. EPA is approving the 

revisions pursuant to section 110 and 

part D of the CAA. 

DATES: Written comments should be 

received on or before June 15, 2011. 

ADDRESSES: Comments may be mailed to 

Mr. Guy Donaldson, Chief, Air Planning 

Section (6PD–L), Environmental 

Protection Agency, 1445 Ross Avenue, 

Suite 1200, Dallas, Texas 75202–2733. 

Comments may also be submitted 

electronically or through hand delivery/ 

courier by following the detailed 

instructions in the ADDRESSES section of 

the direct final rule located in the rules 

section of this Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth W. Boyce, Air Planning Section 

(6PD–L), Environmental Protection 

Agency, Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

telephone (214) 665–7259; fax number 

214–665–7263; e-mail address 

boyce.kenneth@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

final rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this action rule, 

no further activity is contemplated. If 

EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

For additional information, see the 

direct final rule which is located in the 

rules section of this Federal Register. 

Dated: May 6, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2011–11811 Filed 5–13–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 418 

[CMS–1355–P] 

RIN 0938–AQ31 

Medicare Program; Hospice Wage 

Index for Fiscal Year 2012 

Correction 

In proposed rule document 2011– 

10689 appearing on pages 26805–26851 

the issue of Monday, May 9, 2011 make 

the following corrections: 

On page 26806, in the first column, in 

the DATES section, in the fifth line, ‘‘July 

8, 2011’’ should read ‘‘June 27, 2011’’. 

On page 26851, immediately 

following the text of Addendum A, 

insert the following Addendum: 

ADDENDUM B—FY 2012 WAGE INDEX

FOR RURAL AREAS

CBSA 

code Nonurban area Wage index 

1 .......... Alabama .......................... 0.8000 

2 .......... Alaska ............................. 1.3073 

3 .......... Arizona ............................ 0.9417 

4 .......... Arkansas ......................... 0.8000 

5 .......... California ......................... 1.2483 

6 .......... Colorado .......................... 1.0285 

7 .......... Connecticut ..................... 1.1522 

8 .......... Delaware ......................... 1.0103 

9 .......... District of Columbia 1.

10 ........ Florida ............................. 0.8707 

11 ........ Georgia ........................... 0.8000 

12 ........ Hawaii ............................. 1.1586 

13 ........ Idaho ............................... 0.8000 

14 ........ Illinois .............................. 0.8639 

15 ........ Indiana ............................ 0.8688 

16 ........ Iowa ................................. 0.8848 

17 ........ Kansas ............................ 0.8264 

18 ........ Kentucky ......................... 0.8107 


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