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Proposed Rules
Federal Register Vol. 86, No. 20
Tuesday, February 2, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 30 and 32
Docket No. NRC20150017
RIN 3150AJ54

Items Containing Byproduct Material Incidental to Production Nuclear Regulatory Commission.
ACTION: Regulatory basis; request for comment.
AGENCY:

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SUPPLEMENTARY INFORMATION:

The U.S. Nuclear Regulatory Commission NRC is requesting comment on a regulatory basis to support developing a rulemaking that would amend its regulations by adding a new class exemption from licensing and associated distribution requirements. This new class exemption would create a path for licensing current and future products that contain byproduct material incidental to their production. The rulemaking would resolve a petition for rulemaking PRM, PRM3065, submitted by GE
Osmonics, Inc. on April 18, 2011, requesting changes to the regulations to allow commercial distribution and redistribution of polycarbonate track etched membranes.
DATES: Submit comments by April 5, 2021. 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 before this date.
ADDRESSES: You may submit comments by any of the following methods;
however, the NRC encourages electronic comment submission through the Federal Rulemaking Website:
Federal Rulemaking Website: Go to https www.regulations.gov and search for Docket ID NRC20150017. Address questions about NRC dockets to Dawn Forder; telephone: 3014153407;
email: Dawn.Forder@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER
SUMMARY:

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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 3014151677.
For additional direction on obtaining information and submitting comments, see Obtaining Information and Submitting Comments in the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT:
Alexa Sieracki, Office of Nuclear Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission, Washington, DC 205550001; telephone:
3014157509; email: Alexa.Sieracki@
nrc.gov.
INFORMATION CONTACT

I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC2015
0017 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods:
Federal Rulemaking Website: Go to https www.regulations.gov and search for Docket ID NRC20150017.
NRCs Agencywide Documents Access and Management System ADAMS: You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https www.nrc.gov/reading-rm/
adams.html. To begin the search, select Begin Web-based ADAMS Search. For problems with ADAMS, please contact the NRCs Public Document Room PDR
reference staff at 18003974209, 301
4154737, or by email to PDR.Resource@nrc.gov. For the convenience of the reader, instructions about obtaining materials referenced in this document are provided in the Availability of Documents section.
Attention: The Public Document Room PDR, where you may examine and order copies of public documents is currently closed. You may submit your request to the PDR via email at PDR.Resource@nrc.gov or call 1800
3974209 between 8:00 a.m. and 4:00
p.m. EST, Monday through Friday, except Federal holidays.

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B. Submitting Comments The NRC encourages electronic comment submission through the Federal Rulemaking Website https
www.regulations.gov. Please include Docket ID NRC20150017 in your comment submission.
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 https
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 into ADAMS.
II. Discussion To facilitate early stakeholder engagement on the rulemaking process, the NRC is requesting comment on a regulatory basis to support a rulemaking that would amend 1 part 30 of title 10
of the Code of Federal Regulations 10
CFR, Rules of General Applicability to Domestic Licensing of Byproduct Material, by adding a new class exemption from licensing requirements for items containing byproduct material incidental to their production, and 2
10 CFR part 32, Specific Domestic Licenses to Manufacture or Transfer Certain Items Containing Byproduct Material, licensing requirements for distribution of those items.
The regulatory basis is developed as a precursor to a proposed rule and describes the NRCs preferred approach for resolving PRM3065. The rulemaking would close the regulatory gap for these irradiated products, create appropriate criteria for evaluating public health and safety impacts of these products, reduce burden on existing licensees, and provide consistency for regulating products within this class.

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