62694 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules 

the NOP Web site at: http:// 

www.ams.usda.gov/nop. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The five draft guidance documents 

announced through this notice were 

selected in response to the USDA Office 

of Inspector General’s (OIG) March 2010 

Audit Report 01601–03–Hy: Oversight 

of the National Organic Program. The 

OIG findings identified specific areas of 

the NOP regulations where OIG 

recommended guidance be issued to 

strengthen oversight by ACAs and 

improve consistency and overall 

administration of the NOP. The NOP 

specifically developed Commingling 

and Contamination Prevention in 

Organic Production and Handling (NOP 

5025) and Outdoor Access for Organic 

Poultry (NOP 5024) draft guidance in 

response to the OIG report. The OIG also 

identified the need for the NOP to act 

upon recommendations issued by the 

National Organic Standards Board 

(NOSB) from 2001 to 2010. The NOP 

developed The Use of Chlorine 

Materials in Organic Production and 

Handling (NOP 5026) and Compost and 

Vermicompost in Organic Crop 

Production (NOP 5021) in response to 

outstanding NOSB recommendations. 

The NOP also identified a need to 

develop guidance to address requests by 

ACAs and certified operations for 

clarifications on particular issues. Wild 

Crop Harvesting (NOP 5022) is an 

example of guidance being issued in 

response to these requests. 

II. Significance of Guidance 

These draft guidance documents are 

being issued in accordance with the 

Office of Management and Budget 

(OMB) Bulletin on Agency Good 

Guidance Practices (GGPs) (January 25, 

2007, 72 FR 3432–3440). 

The purpose of GGPs is to ensure that 

program guidance documents are 

developed with adequate public 

participation, are readily available to the 

public, and are not applied as binding 

requirements. The draft guidance, when 

finalized, will represent the NOP’s 

current thinking on these topics. It does 

not create or confer any rights for, or on, 

any person and does not operate to bind 

the NOP or the public. Guidance 

documents are intended to provide a 

uniform method for operations to 

comply that can reduce the burden of 

developing their own methods and 

simplify audits and inspections. 

Alternative approaches that can 

demonstrate compliance with the 

Organic Foods Production Act (OFPA), 

as amended (7 U.S.C. 6501–6522), and 

its implementing regulations are also 

acceptable. The NOP strongly 

encourages industry to discuss 

alternative approaches with the NOP 

before implementing them to avoid 

unnecessary or wasteful expenditures of 

resources and to ensure the proposed 

alternative approach complies with the 

Act and its implementing regulations. 

III. Electronic Access 

Persons with access to Internet may 

obtain the draft guidance at either 

NOP’s Web site at http:// 

www.ams.usda.gov/nop or http:// 

www.regulations.gov. 

Dated: October 5, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–25730 Filed 10–12–10; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 37 

[NRC–2010–0194; RIN 3150–AI12] 

Implementation Guidance for Physical 

Protection of Byproduct Material 

Category 1 and Category 2 Quantities 

of Radioactive Material; Draft Guidance 

Document for Comment; Extension of 

Comment Period 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Extension of comment period. 

SUMMARY: On July 14, 2010, the U.S. 

Nuclear Regulatory Commission (NRC) 

noticed for public comment 

implementation guidance for a proposed 

rule to establish security requirements 

for the use and transport of Category 1 

and Category 2 quantities of radioactive 

material. The public comment period 

for this guidance was to have expired on 

November 12, 2010. The NRC received 

several requests to extend the comment 

period to January 15, 2011. Due to the 

size and complexity of the draft 

implementation guidance and the 

associated proposed rule, the NRC has 

decided to extend the comment period 

until January 18, 2011. 

DATES: The comment period has been 

extended and now expires on January 

18, 2011. 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 on or before this date. 

ADDRESSES: Please include Docket ID 

NRC–2010–0194 in the subject line of 

your comments. For instructions on 

accessing documents related to this 

action, see ‘‘Submitting Comments and 

Accessing Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may submit 

comments by any one of the following 

methods. 

Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0194. Address questions 

about NRC dockets to Carol Gallagher, 

telephone 301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

Fax comments to: RADB at (301) 492– 

3446. 

FOR FURTHER INFORMATION CONTACT: 

Merri Horn, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: (301) 415– 

8126, e-mail: Merri.Horn@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments and Accessing 

Information 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC Web site and on the Federal 

rulemaking Web site http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. The NRC requests that any 

party soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You can access publicly available 

documents related to this document 

using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, 

Room O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules 62695 

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 

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’s 

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

or 301–415–4737, or by e-mail to 

PDR.Resource@nrc.gov. The draft Part 

37 implementation guidance is available 

electronically under ADAMS Accession 

Number ML101470684. 

Federal Rulemaking Web site: Public 

comments and supporting materials 

related to the implementation guidance, 

including the draft implementation 

guidance, can be found at http:// 

www.regulations.gov by searching on 

Docket ID NRC–2010–0194. Documents 

related to the proposed rule can be 

found by searching on Docket ID NRC 

2008–0120. 

Discussion 

The NRC published a proposed rule 

that would place the security 

requirements for use of Category 1 and 

Category 2 quantities of radioactive 

material into a new Part 37 of Title 10 

of the Code of Federal Regulations. The 

proposed rule was published on June 

15, 2010 (75 FR 33902) and the public 

comment period runs through October 

13, 2010. The public comment period 

for the proposed rule is being extended 

to January 18, 2011, by separate notice. 

Documents related to the proposed rule 

can be found at http:// 

www.regulations.gov by searching on 

Docket ID NRC 2008–0120. 

In conjunction with the proposed 

rule, the NRC has developed 

implementation guidance. The 

implementation document provides 

guidance to a licensee or applicant for 

implementation of proposed 10 CFR 

Part 37, ‘‘Physical Protection of 

Byproduct Material,’’ specifically 

Category 1 and Category 2 quantities of 

radioactive material. It is intended for 

use by applicants, licensees, Agreement 

States, and NRC staff. The document 

describes methods acceptable to the 

NRC staff for implementing proposed 10 

CFR Part 37. The approaches and 

methods described in the document are 

provided for information only. Methods 

and solutions different from those 

described in the document are 

acceptable if they meet the requirements 

in proposed 10 CFR Part 37. The 

guidance is provided in the form of 

questions and answers on the provisions 

of the proposed rule. The draft 

implementation guidance document for 

proposed 10 CFR Part 37 is available 

electronically under ADAMS Accession 

Number ML101470684, and can also be 

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

searching on Docket ID: NRC–2010– 

0194. 

On July 14, 2010 (75 FR 40756), the 

NRC noticed the availability of the 

implementation guidance for public 

comment. The public comment period 

for this guidance was to have expired on 

November 12, 2010. The NRC received 

several requests to extend the comment 

period to January 15, 2011. Due to the 

size and complexity of the draft 

implementation guidance and the 

associated proposed rule, the NRC has 

decided to extend the comment period 

until January 18, 2011. 

Dated at Rockville, Maryland, this 29th day 

of September 2010. 

For the Nuclear Regulatory Commission. 

Mark Thaggard, 

Deputy Director, Division of 

Intergovernmental Liaison and Rulemaking, 

Office of Federal and State Materials and 

Environmental Management Programs. 

[FR Doc. 2010–25784 Filed 10–12–10; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 73 

RIN 3150–AI64 

[NRC–2009–0163] 

Physical Protection of Irradiated 

Reactor Fuel in Transit 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is proposing to 

amend its security regulations 

pertaining to the transport of irradiated 

reactor fuel (for purposes of this 

rulemaking, the terms ‘‘irradiated reactor 

fuel’’ and ‘‘spent nuclear fuel’’ (SNF) are 

used interchangeably). This proposed 

rule would establish generically 

applicable security requirements similar 

to those previously imposed by 

Commission orders issued after the 

terrorist attacks of September 11, 2001. 

The proposed rule would establish the 

acceptable performance standards and 

objectives for the protection of spent 

nuclear fuel shipments from theft, 

diversion, or radiological sabotage. The 

proposed amendments would apply to 

those licensees authorized to possess or 

transport spent nuclear fuel. The 

proposed security requirements would 

also address, in part, a petition for 

rulemaking from the State of Nevada 

(PRM–73–10) that requests that NRC 

strengthen the regulations governing the 

security of spent nuclear fuel shipments 

against malevolent acts. 

DATES: The comment period expires 

January 11, 2011. Submit comments 

specific to the information collection 

aspects of this rule by November 12, 

2010. Comments received after this date 

will be considered if practical to do so, 

but the NRC is able to assure 

consideration only for comments 

received on or before this date. 

ADDRESSES: Please include Docket ID: 

NRC–2009–0163 in the subject line of 

your comments. For instructions on 

submitting comments and accessing 

documents related to this action, see 

Section I, ‘‘Submitting Comments and 

Accessing Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may submit 

comments by any one of the following 

methods. 

Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID: 

NRC–2009–0163. Address questions 

about the NRC dockets to Carol 

Gallagher 301–492–3668; e-mail 

Carol.Gallager@nrc.gov. 

Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

E-mail comments to: 

Rulemaking.Comments@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. 

Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

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

during Federal workdays. (Telephone 

301–415–1966) 

Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

FOR FURTHER INFORMATION CONTACT: 

Cardelia Maupin, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, Telephone 301–415– 

2312, e-mail: Cardelia.Maupin@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Submitting Comments and Accessing 

Information 

II. Background 

III. Discussion 

A. What action is the NRC taking in this 

rule? 

B. Why revise the requirements? 

C. What is requested by the State of Nevada 

in its petition for rulemaking (PRM–73– 

10)? 

D. What are the DOT routing requirements 

for spent nuclear fuel shipments? 

E. What are the NRC routing requirements 

for spent nuclear fuel shipments? 


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