[Federal Register Volume 78, Number 141 (Tuesday, July 23, 2013)]
[Proposed Rules]
[Pages 44404-44406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17091]



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Vol. 78

Tuesday,

No. 141

July 23, 2013

Part XXVI





Nuclear Regulatory Commission





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Semiannual Regulatory Agenda

  Federal Register / Vol. 78 , No. 141 / Tuesday, July 23, 2013 / 
Unified Agenda  

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NUCLEAR REGULATORY COMMISSION

10 CFR Chapter I

[NRC-2013-0076]


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 (the 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 of the NRC's Agenda contains 56 
rulemaking activities: Four are Economically Significant; 12 represent 
Other Significant agency priorities; 38 are Substantive, Nonsignificant 
rulemaking activities; and two are Administrative rulemaking 
activities. This issuance updates any action occurring on rules since 
publication of the last semiannual regulatory agenda on January 8, 2013 
(78 FR 1704). The NRC is requesting comment on its rulemaking 
activities as identified in this agenda.

DATES: Submit comments on this agenda by August 22, 2013.

ADDRESSES: Submit comments on any rule in the agenda by the date and 
methods specified in the proposed rule notice. 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. You may submit comments on this agenda through the 
Federal Rulemaking Web site by going to http://www.regulations.gov and 
searching for Docket ID NRC-2013-0076. Address questions about NRC 
dockets to Carol Gallagher; telephone: 301-492-3668; email: 
[email protected]. For technical questions, contact the 
individual listed under the heading ``Agency Contact'' for that rule.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Cindy Bladey, Chief, 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: 

Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0076 when contacting the NRC 
about the availability of information for this document. You may access 
information related to this document, which the NRC possesses and is 
publicly available, by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0076.
     NRC's Public Web site: Go to http://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/unified-agenda.html and select 
spring 2013.
     NRC's Public Document Room: You may examine and purchase 
copies of public documents at the NRC's PDR, Room O1-F21, One White 
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

B. Submitting Comments

    Please include Docket ID NRC-2013-0076 in the subject line of your 
comment submission in order to ensure that the NRC is able to make your 
comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information in comment submissions that you do not want to be publicly 
disclosed in your comment submission. The NRC will post all comment 
submissions at http://www.regulations.gov as well as enter the comment 
submissions into ADAMS, and 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.

Introduction

    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 regulatory agenda on January 8, 2013 (78 FR 
1704). Within each group, the rules are ordered according to the 
Regulation Identifier Number (RIN).
    The information in this Agenda has been updated through April 24, 
2013. 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. Four rules impact 
small entities.

Common Prioritization of Rulemaking

    The NRC has a process for developing rulemaking budget estimates 
and determining the relative priorities of rulemaking projects during 
budget formulation. This process produces a ``Common Prioritization of 
Rulemaking'' (CPR). The NRC adds new rules and evaluates rule 
priorities annually. The CPR process considers four factors and assigns 
a score to each factor. Those factors include (1) support for the NRC's 
Strategic Plan goals; (2) support for the Strategic Plan organizational 
excellence objectives; (3) a governmental factor representing interest 
to the NRC, Congress, or other governmental bodies; and (4) an external 
factor representing interest to members of the public, nongovernmental 
organizations, the nuclear industry, vendors, and suppliers.
    The NRC's fall Agenda contains its annual regulatory plan, which 
includes a statement of the major rules that the Commission expects to 
publish in the coming fiscal year (FY) and a description of the other 
significant regulatory priorities from the CPR that the Commission 
expects to work on during the coming FY and beyond.

Section 610 Periodic Reviews Under the Regulatory Flexibility Act

    Section 610 of the Regulatory Flexibility Act (RFA) requires 
agencies to conduct a review within 10 years of

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promulgation of those regulations that have or will have a significant 
economic impact on a substantial number of small entities. The NRC 
undertakes these reviews to decide whether the rules should be 
unchanged, amended, or withdrawn. At this time, the NRC does not have 
any rules that have a significant economic impact on a substantial 
number of small entities; therefore, the NRC has not included any RFA 
Section 610 periodic reviews in this edition of the Agenda. A complete 
listing of NRC regulations that impact small entities and related Small 
Entity Compliance Guides will be available from the NRC's Web site in 
the fall of 2013.

    Dated at Rockville, Maryland, this 24th day of April 2013.

    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
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
408.......................  Distribution of Source             3150-AH15
                             Material To Exempt
                             Persons and General
                             Licensees and Revision of
                             General License and
                             Exemptions [NRC-2009-
                             0084].
409.......................  Revision of Fee Schedules:         3150-AJ19
                             Fee Recovery for FY 2013
                             [NRC-2012-0211].
------------------------------------------------------------------------


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


            Nuclear Regulatory Commission--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
411.......................  Physical Protection of             3150-AI12
                             Byproduct Material [NRC-
                             2008-0120].
------------------------------------------------------------------------


NUCLEAR REGULATORY COMMISSION (NRC)

Final Rule Stage

408. 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 final rule amends 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 final rule also governs 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 addresses 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 Extended........   11/18/10  75 FR 70618
NPRM Comment Period End.............   02/15/11  .......................
Final Rule..........................   05/29/13  78 FR 32310
Final Rule Effective................   08/27/13  .......................
------------------------------------------------------------------------

    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

409. Revision of Fee Schedules: Fee Recovery for FY 2013 [NRC-2012-
0211]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: The proposed rule would amend the Commission's licensing, 
inspection, and annual fees charged to its applicants and licensees. 
Based on the FY 2013 NRC budget sent to Congress, the NRC's required 
fee recovery amount for the FY 2013 budget is approximately $924.8 
million. After

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accounting for carryover and billing adjustments, the total amount to 
be recovered through fees is approximately $925 million.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/07/13  78 FR 14880
NPRM Comment Period End.............   04/08/13  .......................
Final Rule..........................   07/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Arlette P. Howard, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001, 
Phone: 301 415-1481, Email: [email protected].
    RIN: 3150-AJ19

NUCLEAR REGULATORY COMMISSION (NRC)

Long-Term Actions

410. 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:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Solomon Sahle, Nuclear Regulatory Commission, 
Office of Federal and State Materials and Environmental Management 
Programs, Washington, DC 20555-0001, Phone: 301 415-3781, Email: 
[email protected].
    RIN: 3150-AH18

NUCLEAR REGULATORY COMMISSION (NRC)

Completed Actions

411. Physical Protection of Byproduct Material [NRC-2008-0120]

    Legal Authority: 42 U.S.C. 2201; 42 U.S.C. 5841
    Abstract: The final rule amends the Commission's regulations to put 
in place security requirements for the use of Category 1 and Category 2 
quantities of radioactive material. The objective is to ensure that 
effective security measures are in place to prevent the dispersion of 
radioactive material for malevolent purposes. The final amendment also 
addresses background investigations and access controls, enhanced 
security for use, and transportation security for Category 1 and 
Category 2 quantities of radioactive material. This rulemaking subsumes 
RIN 3150-AI56, ``Requirements for Fingerprinting and Criminal History 
Record Checks for Unescorted Access to Radioactive Material and Other 
Property (part 37).''
    Completed:

------------------------------------------------------------------------
               Reason                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/19/13  78 FR 16922
Final Rule Effective................   05/20/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Merri L. Horn, Phone: 301 415-8126, Email: 
[email protected].
    RIN: 3150-AI12

[FR Doc. 2013-17091 Filed 7-22-13; 8:45 am]
BILLING CODE 7590-01-P