[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Proposed Rules]
[Pages 40204-40207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-15504]





[[Page 40203]]



Vol. 76



Thursday,



No. 130



July 7, 2011



Part XXII











Nuclear Regulatory Commission











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Semiannual Regulatory Agenda



  Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / 

Unified Agenda  



[[Page 40204]]





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NUCLEAR REGULATORY COMMISSION



10 CFR Chapter I




Unified Agenda of Federal Regulatory and Deregulatory Actions



AGENCY: Nuclear Regulatory Commission.



ACTION: Semiannual regulatory agenda.



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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing its 

semiannual regulatory agenda in accordance with Public Law 96-354, 

``The Regulatory Flexibility Act,'' and Executive Order 12866, 

``Regulatory Planning and Review.'' The agenda is a compilation of all 

rules on which the NRC has recently completed action or has proposed or 

is considering action. This issuance updates any action occurring on 

rules since publication of the last semiannual agenda on December 20, 

2010 (75 FR 9934).



ADDRESSES: Comments on any rule in the agenda may be sent to the 

Secretary of the Commission, U.S. Nuclear Regulatory Commission, 

Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 

Staff. Comments may also be hand delivered to the One White Flint North 

Building, 11555 Rockville Pike, Rockville, Maryland 20852-2738, between 

7:30 a.m. and 4:15 p.m., Federal workdays. Comments received on rules 

for which the comment period has closed will be considered if it is 

practical to do so, but assurance of consideration cannot be given 

except as to comments received on or before the closure dates specified 

in the agenda. Public comments on NRC's published rulemaking actions 

are available on the Federal rulemaking Web site at http://www.regulations.gov.

    The agenda and any comments received on any rule listed in the 

agenda are available for public inspection and copying, for a fee, at 

the NRC's Public Document Room, One White Flint North, 11555 Rockville 

Pike, Room O1-F21, Rockville, Maryland 20852-2738.

    The complete Unified Agenda will be available online at http://www.reginfo.gov, in a format that offers users a greatly enhanced 

ability to obtain information from the Agenda database.



FOR FURTHER INFORMATION CONTACT: For further information concerning NRC 

rulemaking procedures or the status of any rule listed in this agenda, 

contact: Cindy Bladey, Rules, Announcements and Directives Branch, 

Division of Administrative Services, Office of Administration, U.S. 

Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 

301-492-3667; E-mail: Cindy [email protected]. Persons outside the 

Washington, DC, metropolitan area may call, toll-free: 1-800-368-5642. 

For further information on the substantive content of any rule listed 

in the agenda, contact the individual listed under the heading ``Agency 

Contact'' for that rule.



SUPPLEMENTARY INFORMATION: The information contained in this semiannual 

publication is updated to reflect any action that has occurred on rules 

since publication of the last NRC semiannual agenda on December 20, 

2010 (75 FR 9934). Within each group, the rules are ordered according 

to the Regulation Identifier Number (RIN).

    The information in this agenda has been updated through February 

25, 2011. The date for the next scheduled action under the heading 

``Timetable'' is the date the rule is scheduled to be published in the 

Federal Register. The date is considered tentative and is not binding 

on the Commission or its staff. The agenda is intended to provide the 

public early notice and opportunity to participate in the NRC 

rulemaking process. However, the NRC may consider or act on any 

rulemaking even though it is not included in the agenda.

    The NRC agenda lists all open rulemaking actions. Three rules 

affect small entities.



    Dated at Rockville, Maryland, this 25th day of February, 2011.



    For the Nuclear Regulatory Commission.

Cindy Bladey,

Chief, Rules, Announcements and Directives Branch, Division of 

Administrative Services, Office of Administration.



             Nuclear Regulatory Commission--Final Rule Stage

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                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

449.......................  Distribution of Source             3150-AH15

                             Material To Exempt

                             Persons and General

                             Licensees and Revision of

                             General License and

                             Exemptions [NRC-2009-

                             0084].

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            Nuclear Regulatory Commission--Long-Term Actions

------------------------------------------------------------------------

                                                           Regulation

       Sequence No.                    Title             Identifier No.

------------------------------------------------------------------------

450.......................  Controlling the                    3150-AH18

                             Disposition of Solid

                             Materials [NRC-1999-0002].

------------------------------------------------------------------------





NUCLEAR REGULATORY COMMISSION (NRC)



Final Rule Stage



449. Distribution of Source Material to Exempt Persons and General 

Licensees and Revision of General License and Exemptions [NRC-2009-

0084]



    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841

    Abstract: The proposed rule would amend the Commission's 

regulations to improve the control over the distribution of source 

material to exempt persons and to general licensees in order to make 

part 40 more risk-informed. The proposed rule also would govern the 

licensing of source material by adding specific requirements for 

licensing of and reporting by distributors of products and materials 

used by exempt persons and general licensees. Source material is used 

under general license and under various exemptions from licensing 

requirements in part 40 for which there is no regulatory mechanism for 

the Commission to obtain information to fully assess the resultant 

risks to public health and safety. Although estimates of resultant 

doses have been made, there is a need for ongoing information on the 

quantities and types of radioactive material distributed for exempt use 

and use under general license. Obtaining information on the 

distribution of source material is particularly difficult because many 

of the distributors of source material to exempt persons and generally 

licensed persons are not currently required to hold a license from the 

Commission. Distributors are often unknown to the Commission. No 

controls are in place to ensure that



[[Page 40205]]



products and materials distributed are maintained within the applicable 

constraints of the exemptions. In addition, the amounts of source 

material allowed under the general license in section 40.22 could 

result in exposures above 1 mSv/year (100 mrem/year) to workers at 

facilities that are not required to meet the requirements of parts 19 

and 20. Without knowledge of the identity and location of the general 

licensees, it would be difficult to enforce restrictions on the general 

licensees. This rule also would address Petition for Rulemaking, PRM-

40-27 submitted by the State of Colorado and Organization of Agreement 

States.

    Timetable:



------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................   07/26/10  75 FR 43425

NPRM Comment Period End.............   11/23/10

Final Rule..........................   12/00/11

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    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Gary C. Comfort, Jr., Nuclear Regulatory 

Commission, Office of Federal and State Materials and Environmental 

Management Programs, Washington, DC 20555-0001, Phone: 301 415-8106, E-

mail: [email protected].

    RIN: 3150-AH15



NUCLEAR REGULATORY COMMISSION (NRC)



Long-Term Actions



450. Controlling the Disposition of Solid Materials [NRC-1999-0002]



    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841

    Abstract: The staff provided a draft proposed rule package on 

Controlling the Disposition of Solid Materials to the Commission on 

March 31, 2005, which the Commission disapproved. The Commission's 

decision was based on the fact that the Agency is currently faced with 

several high priority and complex tasks, that the current approach to 

review specific cases on an individual basis is fully protective of 

public health and safety, and that the immediate need for this rule has 

changed due to the shift in timing for reactor decommissioning. The 

Commission has deferred action on this rulemaking.

    Timetable:



------------------------------------------------------------------------

               Action                    Date            FR Cite

------------------------------------------------------------------------

NPRM................................           To Be Determined

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    Regulatory Flexibility Analysis Required: Yes.

    Agency Contact: Kimyata Morgan Butler, Nuclear Regulatory 

Commission, Office of Federal and State Materials and Environmental 

Management Programs, Washington, DC 20555-0001, Phone: 301 415-0733, E-

mail: [email protected].

    RIN: 3150-AH18



[FR Doc. 2011-15504 Filed 7-6-11; 8:45 am]

BILLING CODE 7590-01-P