[Federal Register Volume 76, Number 85 (Tuesday, May 3, 2011)]
[Proposed Rules]
[Pages 24831-24832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10711]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 61

RIN 3150-AI92
[NRC-2011-0012]


Site-Specific Analyses for Demonstrating Compliance With Subpart 
C Performance Objectives

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability of preliminary proposed rule language 
and public meeting.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to 
amend its regulations to require low-level radioactive waste disposal 
facilities to conduct site-specific analyses to demonstrate compliance 
with the performance objectives. While the existing regulatory 
requirements are adequate to protect public health and safety, these 
amendments would enhance the safe disposal of low-level radioactive 
waste. The NRC is proposing additional changes to the regulations to 
reduce ambiguity, facilitate implementation, and to better align the 
requirements with current health and safety standards. In addition, the 
NRC is making available the rulemaking's associated regulatory basis 
documents. The NRC will conduct a public meeting on May 18, 2011, to 
discuss the preliminary proposed rule language and its associated 
regulatory basis documents. The availability of the preliminary 
proposed rule language and its associated regulatory basis documents 
are intended to inform stakeholders of the current status of the NRC's 
activities and solicit early public comments.

DATES: Comments on the preliminary proposed rule language and the 
regulatory basis documents should be postmarked no later than June 18, 
2011. 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.
    See SUPPLEMENTARY INFORMATION section for public meeting 
information.

ADDRESSES: Please include Docket ID NRC-2011-0012 in the subject line 
of your comments. 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 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

[[Page 24832]]

NRC-2011-0012. Address questions about NRC dockets to Carol Gallagher; 
telephone: 301-492-3668; e-mail: [email protected].
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attn: Rulemakings and 
Adjudications Staff.
     E-mail comments to: [email protected]. If you do 
not receive a reply e-mail confirming that we have received your 
comments, contact us directly at 301-415-1677.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 a.m. and 4:15 p.m. Federal workdays. 
(telephone: 301-415-1677).
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
    You can access publicly available documents related to this 
proposed rule 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, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library 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 the 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, 301-415-4737, or by e-mail to [email protected]. 
The preliminary proposed rule language is available electronically 
under ADAMS Accession Number ML111150205, the regulatory basis is 
available under ADAMS accession number ML111040419, and the ``Technical 
Analysis Supporting Definition of Period of Performance for Low-Level 
Waste Disposal.'' is available under ADAMS Accession Number 
ML111030586.
     Federal Rulemaking Web site: Public comments and 
supporting materials related to this notice, including the preliminary 
proposed rule language and regulatory basis documents, can be found at 
http://www.regulations.gov by searching on Docket ID NRC-2011-0012.

FOR FURTHER INFORMATION CONTACT: Andrew Carrera, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
1078, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    The NRC is proposing to amend its regulations to require low-level 
radioactive waste disposal facilities to conduct site-specific analyses 
to demonstrate compliance with the performance objectives in Title 10 
of the Code of Federal Regulations (10 CFR) part 61. The purpose of 
these amendments would be to enhance the safe disposal of low-level 
radioactive waste. The NRC is also proposing additional changes to the 
regulations in 10 CFR part 61 to reduce ambiguity, facilitate 
implementation, and to better align the requirements with current 
health and safety standards.
    The NRC is making available a preliminary version of the proposed 
rule language and its associated regulatory basis documents to inform 
stakeholders of the current status of this proposed rulemaking. The NRC 
is inviting stakeholders to comment on the preliminary proposed rule 
language and its associated regulatory basis documents. The preliminary 
proposed rule language may be subject to additional significant 
revisions during the rulemaking process prior to publication for formal 
comment as a proposed rule.
    The NRC will review and consider any comments received on the 
preliminary proposed rule language and regulatory basis documents; 
however, the NRC will not formally respond to comments. As appropriate, 
the Statements of Consideration for the proposed rule may briefly 
discuss any substantive changes made to the proposed rule language as a 
result of comments received on this preliminary version. Stakeholders 
will also have an additional opportunity to comment on the rule 
language when it is published as a proposed rule in accordance with the 
provisions of the Administrative Procedures Act. The NRC will respond 
to any such comments in the Statements of Consideration for the final 
rule.
    The NRC may post updates to the preliminary rule language on the 
Federal rulemaking Web site under Docket ID NRC-2011-0012. The 
Regulations.gov Web site allows members of the public to set-up e-mail 
alerts so that they may be notified when documents are added to a 
docket. Users are notified via e-mail at an e-mail address provided at 
the time of registration for the notification. Directions for signing 
up for the e-mail alerts can be found at http://www.regulations.gov. To 
do so, navigate to a docket folder you are interested in and then click 
the ``Sign up for E-mail Alerts'' link.

Public Meeting

    The NRC plans to conduct a public meeting on May 18, 2011, to 
discuss the preliminary proposed rule language and the regulatory basis 
documents. The public meeting will be held from 8:30 a.m. to 4:30 p.m. 
at The Legacy Hotel and Meeting Centre, 1775 Rockville Pike, Rockville, 
Maryland 20852. The meeting will provide an opportunity for 
stakeholders to ask clarifying questions to help formulate written 
comments. The meeting agenda can be viewed and downloaded 
electronically from the NRC's Public Meeting Web site.
    Attendees are requested to notify Mr. Andrew Carrera at (301) 415-
1078 or e-mail [email protected] of their planned attendance and 
if special services are necessary, such as for the hearing impaired. In 
addition, interested individuals may also request to participate via 
teleconference or Webinar by contacting Mr. Carrera prior to the 
meeting day.

    Dated at Rockville, Maryland, this 27th day of April, 2011.
    For the Nuclear Regulatory Commission.
Deborah Jackson,
Deputy Director, Division of Intergovernmental Liaison and Rulemaking, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2011-10711 Filed 5-2-11; 8:45 am]
BILLING CODE 7590-01-P