[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Proposed Rules]
[Pages 62694-62695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25784]


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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Draft Guidance Document for Comment; Extension of Comment Period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.

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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 <a href="/cdn-cgi/l/email-protection#044765766b682a4365686865636c6176446a76672a636b72"><span class="__cf_email__" data-cfemail="93d0f2e1fcffbdd4f2fffff2f4fbf6e1d3fde1f0bdf4fce5">[email protected]</span></a>.
    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: <a href="/cdn-cgi/l/email-protection#c18ca4b3b3a8ef89aeb3af81afb3a2efa6aeb7"><span class="__cf_email__" data-cfemail="29644c5b5b400761465b4769475b4a074e465f">[email protected]</span></a>.

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

[[Page 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 <a href="/cdn-cgi/l/email-protection#c2928690ec90a7b1adb7b0a1a782acb0a1eca5adb4"><span class="__cf_email__" data-cfemail="9fcfdbcdb1cdfaecf0eaedfcfadff1edfcb1f8f0e9">[email protected]</span></a>. 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


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