[Federal Register Volume 77, Number 29 (Monday, February 13, 2012)]
[Proposed Rules]
[Pages 8078-8081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1668]
[[Page 8077]]
Vol. 77
Monday,
No. 29
February 13, 2012
Part XXV
Nuclear Regulatory Commission
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Semiannual Regulatory Agenda
Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 /
Unified Agenda
[[Page 8078]]
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NUCLEAR REGULATORY COMMISSION
10 CFR Ch. 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 July 7, 2011
(76 FR 40204).
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
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
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; Email: [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 July 7, 2011 (76
FR 40204). Within each group, the rules are ordered according to the
Regulation Identifier Number (RIN).
The information in this agenda has been updated through September
9, 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. In particular,
the Commission is considering recommendations from a task force
established to examine the NRC's regulatory requirements, programs,
processes, and implementation in light of information from the
Fukushima Daiichi site in Japan, following the March 11, 2011,
earthquake and tsunami.
The NRC agenda lists all open rulemaking actions. Five rules affect
small entities. Dated at Rockville, Maryland, this 9th day of September
2011.
For the Nuclear Regulatory Commission.
Leslie Terry,
Acting Chief, Rules, Announcements and Directives Branch, Division of
Administrative Services, Office of Administration.
Nuclear Regulatory Commission--Proposed Rule Stage
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Regulation
Sequence No. Title Identifier No.
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586....................... Revision of Fee Schedules: 3150-AJ03
Fee Recovery for FY 2012
[NRC-2011-0207] (Reg Plan
Seq No. 162).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Nuclear Regulatory Commission--Final Rule Stage
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Regulation
Sequence No. Title Identifier No.
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587....................... Distribution of Source 3150-AH15
Material To Exempt
Persons and General
Licensees and Revision of
General License and
Exemptions [NRC-2009-
0084].
588....................... Physical Protection of 3150-AI12
Byproduct Material [NRC-
2008-0120] (Reg Plan Seq
No. 164).
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References in boldface appear in The Regulatory Plan in part II of this
issue of the Federal Register.
Nuclear Regulatory Commission--Long-Term Actions
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Regulation
Sequence No. Title Identifier No.
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589....................... Controlling the 3150-AH18
Disposition of Solid
Materials [NRC-1999-0002].
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[[Page 8079]]
Nuclear Regulatory Commission--Completed Actions
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Regulation
Sequence No. Title Identifier No.
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590....................... Revision of Fee Schedules: 3150-AI93
Fee Recovery for FY 2011
[NRC-2011-0016].
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NUCLEAR REGULATORY COMMISSION (NRC)
Proposed Rule Stage
586. Revision of Fee Schedules: Fee Recovery for FY 2012 [NRC-
2011-0207]
Regulatory Plan: This entry is Seq. No. 162 in part II of this
issue of the Federal Register.
RIN: 3150-AJ03
NUCLEAR REGULATORY COMMISSION (NRC)
Final Rule Stage
587. 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 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:
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Action Date FR Cite
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NPRM................................ 07/26/10 75 FR 43425
NPRM Comment Period Extended........ 11/18/10 75 FR 70618
NPRM Comment Period End............. 02/15/11 .......................
Final Rule.......................... 05/00/12 .......................
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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,
Email: [email protected].
RIN: 3150-AH15
588. Physical Protection of Byproduct Material [NRC-2008-0120]
Regulatory Plan: This entry is Seq. No. 164 in part II of this
issue of the Federal Register.
RIN: 3150-AI12
NUCLEAR REGULATORY COMMISSION (NRC)
Long-Term Actions
589. Controlling the Disposition of Solid Materials [NRC-1999-0002]
Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
Abstract: The NRC 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 (ADAMS Accession
Number: ML051520285). The rulemaking package included a summary of
stakeholder comments (NUREG/CR-6682), Supplement 1, (ADAMS Accession
Number: ML003754410). 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:
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Action Date FR Cite
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ANPRM............................... 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,
Email: [email protected].
RIN: 3150-AH18
NUCLEAR REGULATORY COMMISSION (NRC)
Completed Actions
590. Revision of Fee Schedules: Fee Recovery for FY 2011 [NRC-2011-
0016]
Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
Abstract: The final rule amends the Commission's licensing,
inspection, and annual fees charged to its applicants and licensees.
The amendments implement the Omnibus Budget Reconciliation Act of 1990
(OBRA-90), as amended, which requires that the NRC recover
approximately 90 percent of its budget authority in Fiscal Year (FY)
2011, less the amounts appropriated from the Nuclear Waste Fund, and
for Waste Incidental to Reprocessing, generic homeland security
activities, and scholarships and fellowships.
Based on the FY 2011 NRC Budget sent to Congress, the NRC's
required fee recovery amount for the FY 2011 budget is approximately
$915.8 million. After
[[Page 8080]]
accounting for carryover and billing adjustments, the total amount to
be recovered through fees is approximately $916.2 million. The OBRA-90,
as amended, requires that the fees for FY 2011 be collected by
September 30, 2011.
Completed:
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Reason Date FR Cite
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Final Rule.......................... 06/22/11 76 FR 36780
Final Rule Effective................ 08/22/11 .......................
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Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Renu Suri, Phone: 301 415-0161, Email:
[email protected].
RIN: 3150-AI93
[FR Doc. 2012-1668 Filed 2-10-12; 8:45 am]
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