Proposed Rules. Proposed rule: Extension of comment period

Agency: Nuclear Regulatory Commission
Action: Proposed rule: Extension of comment period
Citation: FR Doc. 2011-10163 · RIN 3150-AI49 · NRC-2011-0018; NRC-2011-0014; NRC-2011-0015; NRC-2011-0017 · 10 CFR 73

Summary

On February 3, 2011 (76 FR 6200), the Nuclear Regulatory Commission (NRC or the Commission) published a proposed rule [NRC-2011-0018] for a 90-day public comment period that would implement its authority under the new Section 161A of the Atomic Energy Act of 1954 (AEA), as amended, and revise existing regulations governing security event notifications. These proposed regulations are consistent with the provisions of the Firearms Guidelines the NRC published under Section 161A with the approval of the U.S. Attorney General on September 11, 2009 (74 FR 46800). In addition, the NRC proposed revisions addressing security event notifications from different classes of facilities and the transportation of radioactive material and would add new event notification requirements on the theft or loss of enhanced weapons. Concurrent with the amendments described in this proposed rule, the NRC published for comment the draft “ Weapons Safety Assessment” (76 FR 6087) [NRC-2011-0017], the draft Regulatory Guide DG-5020, “ Applying for Enhanced Weapons Authority, Applying for Preemption Authority, and Accomplishing Firearms Background Checks under 10 CFR Part 73” (76 FR 6086) [NRC-2011-0015], and the revised Regulatory Guide DG-5019, “ Reporting and Recording Safeguards Events” (76 FR 6085) [NRC-2011-0014]. A 90-day comment period was provided for the proposed rule, the weapons safety assessment, and the associated regulatory guidance documents that would have expired on May 4, 2011. The NRC is extending the comment period submittal deadline by an additional 90 days for the proposed rule, the associated regulatory guidance documents, and the weapons safety assessment from the original May 4, 2011, deadline to August 2, 2011.

Dates

The comment period for the proposed rule, the draft weapons safety assessment, and the draft regulatory guides (DG-5019 and DG-5020) has been extended and now expires on August 2, 2011. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.

Supplementary Information

On February 16, 2011, the NRC received a letter (ADAMS Accession Number ML110480470) requesting that the comment period for the proposed rule, the draft weapons safety assessment, and the draft regulatory guides be extended. The request was to extend the comment period by an additional 90 days for a total of 180 days. The requestor states they are coordinating the industry comments on the proposed ruling and associated documents to ensure that the comments are of high quality and that they reflect a consensus industry perspective. They also state that the comment period provided in the February 3, 2011, Federal Register notice is insufficient, given the complexity of the topical area and the number of documents associated with the rule. The requester states that extending the comment period would provide the time necessary to more fully assess the content of the proposed ruling and associated documents and arrive at a set of comments that are of value to the NRC staff. The NRC's objective is to ensure the public and other stakeholders have a reasonable opportunity to provide the NRC with comments on this proposed action that will improve the quality of these regulations and the supporting guidance documents. The NRC acknowledges this is a new area of regulation and that a significant quantity of information must be reviewed by the public and other stakeholders. Accordingly, the NRC is extending the comment period for the proposed rulemaking, the draft regulatory guides, and the draft weapons safety assessment for an additional 90 days. Based on feedback from stakeholders, the NRC believes that a 90-day extension provides a reasonable opportunity for all stakeholders to review these documents and to develop informed comments on these documents. Accordingly, the NRC is extending the comment submittal deadlines for the proposed rule, the draft weapons safety assessment, and the two draft regulatory guides (DG-5019 and DG-5020) from May 4, 2011, to August 2, 2011. Dated at Rockville, Maryland, this 21st day of April 2011. For the Nuclear Regulatory Commission. Annette L. Vietti-Cook, Secretary of the Commission. [FR Doc. 2011-10163 Filed 4-26-11; 8:45 am]