[Federal Register Volume 63, Number 173 (Tuesday, September 8, 1998)]
[Proposed Rules]
[Page 47440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-24007]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 63, No. 173 / Tuesday, September 8, 1998 / 
Proposed Rules

[[Page 47440]]


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NUCLEAR REGULATORY COMMISSION

10 CFR Part 60

RIN 3150-AE40


Clarification of the Assessment Requirements for the Siting 
Criteria and Performance Objectives

AGENCY: Nuclear Regulatory Commission.

ACTION: Proposed rule: Withdrawal.

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SUMMARY: The Nuclear Regulatory Commission (NRC) is withdrawing a 
proposed rule that would clarify uncertainties in regulations that 
contain generic criteria governing the disposal of high-level 
radioactive wastes (HLW) in geologic repositories. Because the NRC is 
developing site-specific disposal regulations for Yucca Mountain, 
Nevada, consistent with the Energy Policy Act of 1992 (EnPA), the 
proposed rule is being withdrawn.

FOR FURTHER INFORMATION CONTACT: Janet P. Kotra, Performance Assessment 
and High-Level Waste Integration Branch, Division of Waste Management, 
Office of Nuclear Material Safety and Safeguards, Nuclear Regulatory 
Commission, 11545 Rockville Pike, Rockville, Maryland 20852-2738. 
Telephone 301/415-6674. E-mail [email protected].

SUPPLEMENTARY INFORMATION: Existing NRC regulations at 10 CFR part 60, 
initially issued in 1983, contain generic criteria governing the 
disposal of HLW in a geologic repository. On July 9, 1993 (58 FR 
36902), the NRC published, for public comment, proposed amendments 
intended to clarify certain regulatory uncertainties in those 
regulations related to the investigation and evaluation of potentially 
adverse conditions at potential repository sites. The public comment 
period ended on October 7, 1993.
    In anticipation of the results of a National Academy of Science 
(NAS) study undertaken in response to the EnPA, as well as 
Congressional activity with respect to the Nuclear Waste Policy Act of 
1982, as amended, the Commission decided not to issue a final rule and 
directed the NRC staff to withdraw the proposed rulemaking and 
reconsider the need for it when the legislative environment had 
stabilized. The purpose of this Federal Register notice is to announce 
the NRC's withdrawal of this proposed rule.
    At present, the NRC staff has considered and is implementing a 
strategy for developing site-specific disposal regulations that would 
apply solely to the proposed geologic repository at Yucca Mountain, and 
is deferring the updating of 10 CFR part 60 generic requirements to a 
later date. These site-specific regulations will be promulgated 
consistent with EnPA, which also requires the Environmental Protection 
Agency to issue radiation standards for a geologic repository at Yucca 
Mountain, based on and consistent with the 1995 findings and 
recommendations of the NAS. A proposed rule will be published for 
public comment by the end of the calendar year.
    The NRC staff's strategy for developing the site-specific disposal 
regulations for Yucca Mountain can be found in a Commission Paper, 
designated SECY-97-300, that is dated December 24, 1997. This strategy 
was approved by the Commission in an SRM dated March 6, 1998. The 
Commission Paper, the SRM, and associated documents are available for 
public inspection and/or copying at the NRC Public Document Room 
located at 2120 L Street (lower level), NW, Washington, DC 20012-7082. 
Telephone: 202-512-2249.

    Dated at Rockville, Maryland, this 31st day of August, 1998.

    For the Nuclear Regulatory Commission.
John C. Hoyle,
Secretary of the Commission.
[FR Doc. 98-24007 Filed 9-4-98; 8:45 am]
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