[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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
586.......................  Revision of Fee Schedules:         3150-AJ03
                             Fee Recovery for FY 2012
                             [NRC-2011-0207] (Reg Plan
                             Seq No. 162).
------------------------------------------------------------------------
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.
------------------------------------------------------------------------
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).
------------------------------------------------------------------------
References in boldface appear in The Regulatory Plan in part II of this
  issue of the Federal Register.


            Nuclear Regulatory Commission--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
589.......................  Controlling the                    3150-AH18
                             Disposition of Solid
                             Materials [NRC-1999-0002].
------------------------------------------------------------------------


[[Page 8079]]


            Nuclear Regulatory Commission--Completed Actions
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                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
590.......................  Revision of Fee Schedules:         3150-AI93
                             Fee Recovery for FY 2011
                             [NRC-2011-0016].
------------------------------------------------------------------------


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
------------------------------------------------------------------------
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]
BILLING CODE 7590-01-P