Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Proposed Rules 64149 

§ 22.3 Proposed codification. 

Any part of a proposed rule document 

that contains the full text of a proposed 

regulation must conform to part 21 of 

this subchapter, except for § 21.30. 

■ 17. Add part 23 to read as follows: 

PART 23—PREPARATION OF 

NOTICES AND REGULATORY 

NOTICES 

Sec. 

23.1 Exception to required document 

headings. 

23.2 Authority citation. 

Authority: 44 U.S.C. 1506; sec. 6, E.O. 

10530, 19 FR 2709; 3 CFR, 1954–1958 Comp., 

p. 189. 

§ 23.1 Exception to required document 

headings. 

Documents are not required to have 

numerical references to the title and 

parts of the CFR affected. 

§ 23.2 Authority citation. 

The authority under which an agency 

issues a notice must be cited in 

narrative form within text or in 

parentheses on a separate line following 

text. 

■ 18. Add part 24 to read as follows: 

PART 24—HANDLING OF THE UNITED 

STATES GOVERNMENT MANUAL 

STATEMENTS 

Sec. 

24.1 Liaison officers. 

24.2 Preparation of agency statements. 

24.3 Information about an organization. 

24.4 Description of program activities. 

24.5 Sources of information. 

24.6 Form, style, arrangement and 

apportionment of space. 

24.7 Deadline dates. 

Authority: 44 U.S.C. 1506; sec. 6, E.O. 

10530, 19 FR 2709; 3 CFR, 1954–1958 Comp., 

p. 189. 

§ 24.1 Liaison officers. 

(a) Each of the following must appoint 

an officer to maintain liaison with the 

OFR on matters relating to The United 

States Government Manual: 

(1) Agencies of the legislative and 

judicial branches. 

(2) Executive agencies that do not 

have a liaison officer designated under 

§ 16.1 of this chapter or who wish to 

appoint a liaison officer for Manual 

matters other than the one designated 

under such § 16.1. 

(3) Quasi-official agencies represented 

in the Manual. 

(4) Any other agency that the Director 

believes should be included in the 

Manual. 

(b) Each liaison officer will ensure 

agency compliance with part 9 of this 

chapter, and this part. 

§ 24.2 Preparation of agency statements. 

In accordance with schedules 

established under § 24.7 of this part, 

each agency must submit an official 

draft of the information required by 

§ 9.2 of this chapter and this part. 

§ 24.3 Information about an organization. 

(a) Information about lines of 

authority and organization may be 

reflected in a chart if the chart clearly 

delineates the agency’s organizational 

structure. 

(b) Listings of heads of operating units 

should be arranged whenever possible 

to reflect relationships between units. 

(c) Narrative descriptions of 

organizational structure or hierarchy 

that duplicate information conveyed by 

charts or by lists of officials will not be 

published in the Manual. 

§ 24.4 Description of program activities. 

(a) Descriptions should clearly state 

the public purposes that the agency 

serves, and the programs that carry out 

those purposes. 

(b) Descriptions of the responsibilities 

of individuals or of administrative units 

common to most agencies will not be 

accepted for publication in the Manual. 

§ 24.5 Sources of information. 

Each agency statement should include 

pertinent sources of information useful 

to the public, covering areas such as 

employment, consumer activities, 

contracts, services to small business, 

and other topics of public interest. 

These sources of information must 

plainly identify the places where the 

public may obtain information or make 

submittals or requests. 

§ 24.6 Form, style, arrangement, and 

apportionment of space. 

(a) The Director determines the form, 

style, arrangement, and space 

apportionment of agency statements and 

other materials included in the Manual. 

(b) Agencies must use the U.S. 

Government Printing Office Style 

Manual to determine style. 

§ 24.7 Deadline dates. 

Agencies must promptly notify the 

Director of major organizational changes 

and comply with periodic deadlines set 

by the OFR for agency statements, 

charts, and other materials to be 

included in the Manual. Failure to do so 

may result in publication of an outdated 

statement or the omission of important 

material. 

By Order of the Committee. 

Charles A. Barth, 

Secretary, Administrative Committee of the 

Federal Register. 

[FR Doc. 2014–25520 Filed 10–27–14; 8:45 am] 

BILLING CODE 1505–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 37 

[Docket No. PRM–37–1; NRC–2014–0172] 

Physical Protection of Category 1 and 

Category 2 Quantities of Radioactive 

Material 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; notice 

of docketing and request for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) has received a 

petition for rulemaking from Anthony R. 

Pietrangelo on behalf of the Nuclear 

Energy Institute (NEI or the petitioner) 

dated June 12, 2014, requesting that the 

NRC amend its regulations to ‘‘remove 

unnecessary and burdensome 

requirements on licensees with 

established physical security programs.’’ 

The petition was docketed by the NRC 

on July 17, 2014, and has been assigned 

Docket No. PRM–37–1. The NRC is 

requesting public comments on this 

petition for rulemaking. 

DATES: Submit comments by January 12, 

2015. Comments received after this date 

will be considered if it is practical to do 

so, but the NRC is able to assure 

consideration only for comments 

received on or before this date. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0172. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–287–3422; 

email: Carol.Gallagher@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. 

• Fax comments to: Secretary, U.S. 

Nuclear Regulatory Commission at 301– 

415–1101. 

• Mail comments to: Secretary, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001, ATTN: 

Rulemakings and Adjudications Staff. 

• Hand deliver comments to: 11555 

Rockville Pike, Rockville, Maryland 

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

(Eastern Time) Federal workdays; 

telephone: 301–415–1677. 

For additional direction on obtaining 

information and submitting comments, 

see ‘‘Obtaining Information and 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
64150 Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Proposed Rules 

Submitting Comments’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Merri L. Horn, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington DC 20555–0001; telephone: 

301–415–7000, email: Merri.Horn@

nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and 

Submitting Comments 

A. Obtaining Information 

Please refer to Docket ID NRC–2014– 

0172 when contacting the NRC about 

the availability of information for this 

petition for rulemaking. You may obtain 

publicly-available information related to 

this petition by any of the following 

methods: 

• Federal Rulemaking Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2014–0172. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may obtain publicly 

available documents online in the 

ADAMS Public Documents collection at 

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

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

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, 301–415–4737, or by 

email to pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced in this document 

(if that document is available in 

ADAMS) is provided the first time that 

a document is referenced. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

B. Submitting Comments 

Please include Docket ID NRC–2014– 

0172 in the subject line of your 

comment submission, in order to ensure 

that the NRC is able to make your 

comment submission available to the 

public in this docket. 

The 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 http://

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 submissions into 

ADAMS. 

II. The Petitioner 

The petition states that ‘‘NEI is the 

organization responsible for establishing 

unified nuclear industry policy on 

matters affecting the nuclear energy 

industry, including the regulatory 

aspects of generic operational and 

technical issues.’’ The petition further 

states that ‘‘NEI’s members include all 

entities licensed to operate commercial 

nuclear power plants in the United 

States, nuclear plant designers, major 

architect/engineering firms, fuel 

fabrication facilities, nuclear material 

licensees, and other organizations and 

individuals involved in the nuclear 

energy industry. NEI asserts that it is 

responsible for coordinating the 

combined efforts of licensed facilities on 

matters involving generic NRC 

regulatory policy issues and generic 

operational and technical regulatory 

issues.’’ 

III. The Petition 

Anthony R. Pietrangelo, Senior Vice 

President and Chief Nuclear Officer, 

NEI, submitted a PRM dated June 12, 

2014 (ADAMS Accession No. 

ML14199A570), requesting that the NRC 

amend its regulations regarding 

‘‘Physical Protection of Category 1 and 

Category 2 Quantities of Radioactive 

Material.’’ The NRC has determined that 

the petition meets the threshold 

sufficiency requirements for a petition 

for rulemaking under § 2.802 of Title 10 

of the Code of Federal Regulations (10 

CFR), ‘‘Petition for rulemaking,’’ and the 

petition has been docketed as PRM–37– 

1. The NRC is requesting public 

comment on the petition for rulemaking. 

IV. Discussion of the Petition 

The NRC’s regulations at 10 CFR part 

37, ‘‘Physical Protection of Category 1 

and Category 2 Quantities of 

Radioactive Material,’’ require licensees 

that possess Category 1 and Category 2 

quantities of radioactive material to 

secure and protect the materials from 

theft or diversion. Part 37 contains a 

provision, 10 CFR 37.11, which 

provides for ‘‘Specific Exemptions.’’ 

The provision in 10 CFR 37.11(b), states 

that ‘‘[a]ny licensee’s NRC-licensed 

activities are exempt from the 

requirements of subpart B [‘Background 

Investigations and Access Authorization 

Program’] and subpart C [‘Physical 

Protection Requirements During Use’] of 

this part to the extent that its activities 

are included in a security plan required 

by part 73 of this chapter.’’ The 

provision in 10 CFR 37.11(c) allows for 

certain waste material to be subject to a 

different set of requirements as outlined 

in 10 CFR 37.11(c)(1)–(4). 

The petitioner is requesting that the 

rule be amended to clarify and expand 

the exemptions in 10 CFR 37.11 in 

several ways. First, the petitioner is 

requesting that the exemptions provide 

for a more direct recognition of the 

extent to which facilities with robust 10 

CFR part 73 security programs already 

meet the objectives set forth in part 37 

and inherently protect byproduct 

material. Additionally, the petitioner 

requests NRC codify certain provisions 

contained in an Enforcement Guidance 

Memorandum (EGM) ‘‘Interim Guidance 

for Dispositioning 10 CFR Part 37 

Violations with Respect to Large 

Components and Robust Structures 

Containing Category 1 or Category 2 

Quantities of Material at Power Reactor 

Facilities Licensed Under 10 CFR Parts 

50 and 52’’ issued by the NRC on March 

13, 2014 (ML14056A151). 

Specifically, the proposed 

amendments to part 37 would include 

adding definitions to 10 CFR 37.5 for 

Large Component and Robust Structure. 

The petitioner also proposes 

amendments to 10 CFR 37.11(b) that the 

petitioner claims will remove ‘‘undue 

regulatory burden on licensees by 

recognizing the extent to which 

facilities with robust 10 CFR Part 73 

security programs already meet the 

objectives set forth in Part 37 and 

inherently protect byproduct material.’’ 

The petitioner further recommends 

revisions to 10 CFR 37.11(c) that the 

petitioner claims would help ‘‘to 

improve its clarity, provide greater 

regulatory certainty, and ensure 

licensees implement Part 37 consistent 

with NRC’s intent and expressed 

regulatory guidance.’’ Moreover, the 

petitioner recommends adding a new 

paragraph, 10 CFR 37.11(d), to codify 

key elements of the EGM. Specifically, 

the proposed 10 CFR 37.11(d) would 

exempt large components and material 

stored in robust structures from part 

37’s requirements. 

Dated at Rockville, Maryland, this 21st day 

of October 2014. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 208 / Tuesday, October 28, 2014 / Proposed Rules 64151 

For the Nuclear Regulatory Commission. 

Richard J. Laufer, 

Acting Secretary of the Commission. 

[FR Doc. 2014–25540 Filed 10–27–14; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2014–0746; Airspace 

Docket No. 14–AGL–2] 

Proposed Establishment of Class E 

Airspace; Cando, ND 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace at Cando, ND. 

Controlled airspace is necessary to 

accommodate new Standard Instrument 

Approach Procedures (SIAPs) at Cando 

Municipal Airport. The FAA is taking 

this action to enhance the safety and 

management of Instrument Flight Rules 

(IFR) operations for SIAPs at the airport. 

DATES: Comments must be received on 

or before December 12, 2014. 

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 20590–0001. You must 

identify the docket number FAA–2014– 

0746/Airspace Docket No. 14–AGL–2, at 

the beginning of your comments. You 

may also submit comments through the 

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

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shelby, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: 817–321– 

7740. 

SUPPLEMENTARY INFORMATION: 

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 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2014–0746/Airspace 

Docket No. 14–AGL–2.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

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

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://

www.faa.gov/airports_airtraffic/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Central Service Center, 2601 Meacham 

Blvd., Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Cando Municipal Airport, 

Cando, ND, to accommodate new 

standard instrument approach 

procedures. Controlled airspace is 

needed for the safety and management 

of IFR operations at the airport. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9Y, dated August 6, 2014 and 

effective September 15, 2014, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

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 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 would 

establish controlled airspace at Cando 

Municipal Airport, Cando, ND. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1E, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS