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

25157 

Vol. 87, No. 82 

Thursday, April 28, 2022 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 30 and 70 

[Docket No. NRC–2017–0031] 

RIN 3150–AK52 

Decommissioning Financial Assurance 

for Sealed and Unsealed Radioactive 

Materials 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory basis; request for 

comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is requesting 

comment on a regulatory basis to 

support a rulemaking that would amend 

its regulations for decommissioning 

financial assurance for sealed and 

unsealed radioactive materials. The 

rulemaking would revise NRC’s 

decommissioning funding requirements 

for radioactive material based on the 

relative risk to public health and safety 

from different radioisotopes, including 

naturally occurring and acceleratorproduced radioactive material. The 

potentially affected licensees are those 

authorized to possess byproduct and 

special nuclear material. 

DATES: Submit comments by June 27, 

2022. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to ensure 

consideration only for comments 

received before this date. 

ADDRESSES: You may submit comments 

by any of the following methods; 

however, the NRC encourages electronic 

comment submission through the 

Federal rulemaking website: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2017–0031. Address 

questions about NRC Docket IDs to 

Dawn Forder; telephone: 301–415–3407; 

email: Dawn.Forder@nrc.gov. For 

technical questions, contact the 

individual listed in the FOR FURTHER

INFORMATION CONTACT section of this 

document. 

• Email comments to: 

Rulemaking.Comments@nrc.gov. If you 

do not receive an automatic email reply 

confirming receipt, then contact us at 

301–415–1677. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Cardelia Maupin, telephone: 301–415– 

4127, email: Cardelia.Maupin@nrc.gov, 

or Gregory Trussell, telephone: 301– 

415–6244, email: Gregory.Trussell@

nrc.gov. Both are staff of the Office of 

Nuclear Material Safety and Safeguards, 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2017– 

0031 when contacting the NRC about 

the availability of information for this 

action. You may obtain publicly 

available information related to this 

action by any of the following methods: 

• Federal Rulemaking Website: Go to 

https://www.regulations.gov and search 

for Docket ID NRC–2017–0031. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘Begin Web-based ADAMS Search.’’ For 

problems with ADAMS, please contact 

the NRC’s Public Document Room (PDR) 

reference staff at 1–800–397–4209, at 

301–415–4737, or by email to 

PDR.Resource@nrc.gov. For the 

convenience of the reader, instructions 

about obtaining materials referenced in 

this document are provided in the 

‘‘Availability of Documents’’ section. 

• NRC’s PDR: You may examine and 

purchase copies of public documents, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(EST), Monday through Friday, except 

Federal holidays. 

B. Submitting Comments 

The NRC encourages electronic 

comment submission through the 

Federal rulemaking website (https://

www.regulations.gov). Please include 

Docket ID NRC–2017–0031 in your 

comment submission. 

NRC cautions you not to include 

identifying or contact information that 

you do not want to be publicly 

disclosed in your comment submission. 

The NRC will post all comment 

submissions at https://

www.regulations.gov as well as enter the 

comment submissions into ADAMS. 

The NRC does not routinely edit 

comment submissions to remove 

identifying or contact information. 

If you are requesting or aggregating 

comments from other persons for 

submission to the NRC, then you should 

inform those persons not to include 

identifying or contact information that 

they do not want to be publicly 

disclosed in their comment submission. 

Your request should state that the NRC 

does not routinely edit comment 

submissions to remove such information 

before making the comment 

submissions available to the public or 

entering the comment into ADAMS. 

II. Discussion 

The NRC is requesting comments on 

a regulatory basis to support a proposed 

rule that would amend appendix B, 

‘‘Quantities of licensed material 

requiring labeling,’’ to part 30 of title 10 

of the Code of Federal Regulations (10 

CFR), ‘‘Rules of General Applicability to 

Domestic Licensing of Byproduct 

Material,’’ and 10 CFR 70.25, ‘‘Financial 

assurance and recordkeeping for 

decommissioning.’’ The regulatory basis 

document is developed as a precursor to 

a proposed rule and describes the NRC’s 

recommendation and considerations in 

amending 10 CFR parts 30 and 70. 

Appendix B to 10 CFR part 30 is used 

to determine decommissioning funding 

requirements for radioactive material 

licensed under 10 CFR parts 30 and 70. 

The proposed rule would address the 

petition for rulemaking (PRM)–30–66, 

‘‘Request of the Organization of 

Agreement States for the NRC to Amend 

Appendix B, ‘Quantities of Licensed 


jspears on DSK121TN23PROD with PROPOSALS1
25158 Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Proposed Rules 

Material Requiring Labeling,’ ’’ 

submitted by the Organization of 

Agreement States (OAS) on April 14, 

2017. In its petition, OAS requested that 

the NRC conduct a rulemaking to 

update appendix B to 10 CFR part 30 to 

include naturally occurring and 

accelerator-produced radioactive 

material radionuclides and their specific 

possession values. The OAS indicated 

that the failure to include these 

radionuclides in appendix B to 10 CFR 

part 30 has placed undue hardships on 

regulators and licensees with little or no 

radiation safety benefit, discouraged the 

development of new beneficial 

products, and negatively impacted 

patient care. 

The specific objectives of this 

rulemaking effort are to (1) improve the 

regulatory framework for naturally 

occurring and accelerator-produced 

radioactive material by amending 

appendix B to 10 CFR part 30 to better 

align with NRC’s regulatory authority 

over this material under the Energy 

Policy Act of 2005; (2) risk-inform 

NRC’s decommissioning funding 

requirements by aligning the possession 

values in appendix B with NRC’s 

radiation protection regulations in 10 

CFR part 20, ‘‘Standards for Protection 

Against Radiation’’; (3) clarify that only 

radioactive materials with half-lives 

greater than 120 days are subject to 

decommissioning financial assurance; 

and (4) clarify the purpose of appendix 

B by changing its title. To address item 

3, the NRC is proposing to update 

appendix B using the list of 

radionuclides and possession values in 

appendix C to 10 CFR part 20, 

‘‘Quantities of licensed material 

requiring labeling.’’ 

The NRC held a public meeting on 

January 7, 2021, to discuss different 

approaches for updating appendix B to 

10 CFR part 30. Members of the public 

supported updating appendix B to 10 

CFR part 30, noting that a faster update 

to the appendix would be more 

beneficial than developing a new 

decommissioning financial assurance 

methodology. Information about the 

public meeting is available in the 

‘‘Availability of Documents’’ section of 

this document. 

The NRC will consider any comments 

received on the regulatory basis in the 

development of the proposed rule and 

will provide responses to comments in 

the proposed rule. 

III. Specific Requests for Comments 

The NRC is seeking advice and 

recommendations from the public on 

the regulatory basis. We are particularly 

interested in comments and supporting 

rationale from the public on the NRC’s 

initial assumptions regarding the 

qualitative and quantitative costs and 

benefits of the rulemaking, as well as on 

alternatives to the current recommended 

approach. 

Assumptions Used for Cost/Benefit 

Estimates 

• The NRC is seeking comments on 

the assumptions used in developing the 

cost-benefit estimates. The NRC is 

interested in receiving information on 

the number of licensees affected by the 

rulemaking. The NRC is also interested 

in the effort needed to make any 

changes to current decommissioning 

funding plans or decommissioning 

financial assurance funding amounts, 

especially if an increase in 

decommissioning funding would be 

required. 

• The NRC is seeking comments on 

possible impacts to small entities. 

Section 2.810, ‘‘NRC size standards,’’ 

provides specific size standards to 

determine whether a licensee qualifies 

as a small entity in its regulatory 

programs. The NRC is interested in the 

number of small entities that would be 

impacted by these changes, as well as 

the types of impacts the changes being 

proposed by this rulemaking would 

have on them. 

• The NRC also is seeking comments 

on other benefits of the rulemaking, 

such as supporting advancements in 

science and technology, enabling uses of 

radioisotopes that would reduce 

effective doses to patients or overall 

costs to patients, and reducing costs to 

licensees who currently must develop 

decommissioning funding plans. Please 

provide quantitative information on 

costs and benefits, if available. 

Alternatives to Recommended 

Approach 

The regulatory basis recommends a 

rulemaking approach using information 

that already exists in regulations rather 

than creating a new methodology for 

determining the amount of 

decommissioning financial assurance. 

The NRC is seeking comments on any 

benefits to any alternative approach that 

might not have been considered in the 

NRC’s assessment, as well as any 

suggested means to implement this 

approach, particularly on the 

categorization and funding amounts that 

would be appropriate. 

IV. Cumulative Effects of Regulation 

The cumulative effects of regulation 

(CER) describe challenges that licensees 

or other impacted entities (such as State 

agency partners) may face while 

implementing new regulatory positions, 

programs, and requirements (e.g., rules, 

generic letters, backfits, inspections). 

The CER is an organizational challenge 

that results from a licensee or impacted 

entity implementing a number of 

complex positions, programs, or 

requirements within a limited 

implementation period and with 

available resources (which may include 

limited available expertise to address a 

specific issue). The NRC has 

implemented CER enhancements to the 

rulemaking process to facilitate public 

involvement throughout the rulemaking 

process. Therefore, the NRC is 

specifically requesting comment on the 

cumulative effects that may result from 

this proposed rulemaking. In developing 

comments on the regulatory basis, 

consider the following questions: 

1. In light of any current or projected 

CER challenges, what should be a 

reasonable effective date, compliance 

date, or submittal date(s) from the time 

the final rule is published to the actual 

implementation of any new proposed 

requirements, including changes to 

programs, procedures, and the facility? 

2. If CER challenges currently exist or 

are expected, what should be done to 

address them? For example, if more 

time is required for implementation of 

the new requirements, what period of 

time is sufficient? 

3. Do other (NRC or other agency) 

regulatory actions (e.g., orders, generic 

communications, license amendment 

requests inspection findings of a generic 

nature) influence the implementation of 

the potential proposed requirements? 

4. Are there unintended 

consequences? Does the proposed action 

create conditions that would be contrary 

to the proposed action’s purpose and 

objectives? If so, what are the 

consequences, and how should they be 

addressed? 

5. Please comment on the NRC’s cost 

and benefit estimate of the potential 

proposed action. This information will 

be used to support additional regulatory 

analysis by the NRC. 

V. Availability of Documents 

The documents identified in the 

following table are available to 

interested persons as indicated. 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Proposed Rules 25159 

Document ADAMS accession No./Federal Register 

citation 

PRM–30–66, ‘‘Request of the Organization of Agreement States for the NRC to Amend Appendix B, ‘Quantities of Licensed Material Requiring Labeling,’’’ April 14, 2017.ML17173A063. 

Federal Register Notice Publishing PRM–30–66 for Public Comment, August 23, 2017 ............ 82 FR 39971. 

Federal Register Notice Extending the Public Comment Period, November 6, 2017 .................. 82 FR 51363. 

Comments on PRM–30–66, ‘‘Organization of Agreement States’’ ................................................. ML18038A879 (package). 

SECY–19–0125, ‘‘Petition for Rulemaking and Rulemaking Plan on Decommissioning Financial 

Assurance Requirements for Sealed and Unsealed Radioactive Material (PRM–30–66; NRC– 

2017–0159),’’ December 17, 2019.

ML18292A434 (package). 

Staff Requirements Memorandum: SRM–SECY–19–0125, ‘‘Petition for Rulemaking and Rulemaking Plan on Decommissioning Financial Assurance Requirements for Sealed and Unsealed Radioactive Material (PRM–30–66; NRC–2017–0159),’’ October 13, 2020.ML20287A248 (package). 

Letter to Matthew McKinley, Chair of the Organization of Agreement States (the Petitioner), November 4, 2020.ML20303A141. 

Federal Register Notice Publishing the Results of the NRC Evaluation of PRM–30–66, November 27, 2020.85 FR 75959. 

Public Meeting on Decommissioning Financial Assurance Requirements for Sealed and Unsealed Radioactive Material, January 7, 2021.ML21026A339 (package). 

Regulatory Basis for Decommissioning Financial Assurance Requirements for Sealed and Unsealed Radioactive Materials, April 2022.ML21235A480. 

The NRC may post materials related 

to this document, including public 

comments, on the Federal rulemaking 

website at https://www.regulations.gov 

under Docket ID NRC–2017–0031. In 

addition, the Federal rulemaking 

website allows members of the public to 

receive alerts when changes or additions 

occur in a docket folder. To subscribe: 

(1) Navigate to the docket folder (NRC– 

2017–0031); (2) click the ‘‘Subscribe’’ 

link; and (3) enter an email address and 

click on the ‘‘Subscribe’’ link. 

VI. Plain Writing 

The Plain Writing Act of 2010 (Pub. 

L. 111–274) requires Federal agencies to 

write documents in a clear, concise, and 

well-organized manner. The NRC has 

written this document to be consistent 

with the Plain Writing Act as well as the 

Presidential Memorandum, ‘‘Plain 

Language in Government Writing,’’ 

published June 10, 1998 (63 FR 31883). 

The NRC requests comment on this 

document with respect to the clarity and 

effectiveness of the language used. 

Dated: April 25, 2022. 

For the Nuclear Regulatory Commission. 

John R. Tappert, 

Director, Division of Rulemaking, 

Environmental, and Financial Support, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2022–09099 Filed 4–27–22; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2022–0456; Airspace 

Docket No. 21–ASO–34] 

RIN 2120–AA66 

Proposed Amendment of Area 

Navigation (RNAV) Route Q–75; 

Eastern United States 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This action proposes to 

amend Area Navigation (RNAV) route 

Q–75 to resolve similar sounding 

waypoint (WP) names and removes WPs 

and Fixes that are not required for 

defining the route structure. Q–75 

supports the Northeast Corridor Atlantic 

Coast Route Project. 

DATES: Comments must be received on 

or before June 13, 2022. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590; telephone: (800) 

647–5527 or (202) 366–9826. You must 

identify FAA Docket No. FAA–2021– 

0456; Airspace Docket No. 21–ASO–34 

at the beginning of your comments. You 

may also submit comments through the 

internet at http://www.regulations.gov. 

FAA Order JO 7400.11F, Airspace 

Designations and Reporting Points, and 

subsequent amendments can be viewed 

online at http://www.faa.gov/air_traffic/ 

publications/. For further information, 

you can contact the Airspace Policy 

Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

FOR FURTHER INFORMATION CONTACT: Paul 

Gallant, Rules and Regulations Group, 

Office of Policy, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of the airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it expands the 

availability of RNAV routes in the 

National Airspace System, increases 

airspace capacity, and reduces 

complexity in high air traffic volume 

areas. 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 


jspears on DSK121TN23PROD with PROPOSALS1