[The Regulatory Plan and Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Nuclear Regulatory Commission Semiannual Regulatory Agenda
]
[From the U.S. Government Printing Office, www.gpo.gov]
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Part LX
Nuclear Regulatory Commission
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Semiannual Regulatory Agenda
[[Page 74244]]
NUCLEAR REGULATORY COMMISSION (NRC)
_______________________________________________________________________
NUCLEAR REGULATORY COMMISSION
10 CFR Ch. I
Unified Agenda of Federal Regulatory and Deregulatory Actions
AGENCY: Nuclear Regulatory Commission.
ACTION: Semiannual regulatory agenda.
_______________________________________________________________________
SUMMARY: The 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 June 28, 2004
(69 FR 38628).
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, 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.
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 Nuclear Regulatory Commission's Public Document Room, One White
Flint North, 11555 Rockville Pike, Room O-1F21, Rockville,
Maryland.
FOR FURTHER INFORMATION CONTACT: For further information concerning NRC
rulemaking procedures or the status of any rule listed in this agenda,
contact Michael T. Lesar, Chief, Rules and Directives Branch, Division
of Administrative Service, Office of Administration, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
7163 (e-mail: [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 June 28, 2004,
(69 FR 38628). Within each group, the rules are ordered according to
the Regulation Identifier Number (RIN).
The information in this agenda has been updated through
September 24, 2004. 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 24th day of September 2004.
For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rules and Directives Branch,
Division of Administrative Services,
Office of Administration.
Nuclear Regulatory Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
4129 Control of Solid Material............................................................. 3150-AH18
4130 Large Break Loss-of-Coolant Accident (LB-LOCA) Redefintion............................ 3150-AH29
4131 Elimination of Requirement To Submit Annual Financial Report.......................... 3150-AH39
4132 Collection, Reporting, or Posting of Information...................................... 3150-AH40
4133 Export and Import of Nuclear Equipment and Materials.................................. 3150-AH44
4134 Codification of EA-03-009 RPV Head and Penetration Inspection Requirements............ 3150-AH46
4135 National Source Tracking.............................................................. 3150-AH48
4136 Post-Fire Operator Manual Actions..................................................... 3150-AH54
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Nuclear Regulatory Commission--Final Rule Stage
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Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
4137 Early Site Permits; Standard Design Certifications; and Combined Licenses for Nuclear 3150-AG24
Power Plants..........................................................................
4138 Risk-Informed Categorization and Treatment of Structures, Systems and Components for 3150-AG42
Nuclear Power Reactors................................................................
4139 Changes to Emergency Action Levels and Exercise Requirements for Co-Located Licensees-- 3150-AH00
Appendix E............................................................................
4140 Security Requirements for Portable Gauges Containing Byproduct Material............... 3150-AH06
4141 Public Records........................................................................ 3150-AH12
4142 Options for Addressing Training and Experience Issues Associated With Recognition of 3150-AH19
Specialty Boards by NRC...............................................................
[[Page 74245]]
4143 Incorporation by Reference of ASME BPV Code Cases..................................... 3150-AH35
4144 Address Change of NRC Region III Offices.............................................. 3150-AH49
4145 Export and Import of Nuclear Equipment and Material: Nuclear Grade Graphite........... 3150-AH51
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Nuclear Regulatory Commission--Long-Term Actions
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Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
4146 Update Fuel Performance Considerations and Other Fuel Cycle Issues.................... 3150-AA31
4147 Disposal by Release Into Sanitary Sewerage............................................ 3150-AE90
4148 Fitness for Duty Programs............................................................. 3150-AF12
4149 Advance Notification to Native American Tribes of Transportation of Certain Types of 3150-AG41
Nuclear Waste.........................................................................
4150 Integrated Rulemaking for Decommissioning Nuclear Power Reactors...................... 3150-AG47
4151 Reevaluation of Power Reactor Physical Protection Regulations and Position on a 3150-AG63
Definition of Radiological Sabotage...................................................
4152 Transfers of Certain Source Materials by Specific Licensees........................... 3150-AG64
4153 Entombment Options for Power Reactors................................................. 3150-AG89
4154 Modifications to Pressure-Temperature Limits.......................................... 3150-AG98
4155 Distribution of Source Material to Exempt Persons and General Licensees and Revision 3150-AH15
of 10 CFR 40.22 General License.......................................................
4156 Acceptable Criteria for Emergency Core Cooling Systems for Light-Water Nuclear Power 3150-AH22
Reactors..............................................................................
4157 Implement US-IAEA Safeguards Agreement................................................ 3150-AH38
4158 Exemptions from Licensing and Distribution of Byproduct Material; Licensing and 3150-AH41
Reporting Requirement.................................................................
4159 Performance-Based ECCS Acceptance Criteria............................................ 3150-AH42
4160 Decoupling of Assumed Loss of Offsite Power from Loss-of-Coolant Accidents (LOCA)..... 3150-AH43
4161 Reduce the Likelihood of Funding Shortfalls for Decommissioning Under the License 3150-AH45
Termination Rule......................................................................
4162 Certification That Procedures Under 10 CFR Parts 25 and 95 for Access Authorization 3150-AH52
and Facility Security Clearance Are Available in Connection With Activities Under
Parts 60 and 63.......................................................................
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Nuclear Regulatory Commission--Completed Actions
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Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
4163 Performance-Based, Risk-Informed Fire Protection...................................... 3150-AG48
4164 Nuclear Power Plant Worker Fatigue.................................................... 3150-AG99
4165 Industry Codes and Standards; Amended Requirements.................................... 3150-AH24
4166 Licensing Proceedings for the Receipt of High-Level Radioactive Waste at a Geologic 3150-AH31
Repository: Licensing Support Network, Submissions to the Electronic Docket...........
4167 Medical Use of Byproduct Material; Minor Amendments; Extending Expiration Date for 3150-AH47
Subpart J.............................................................................
4168 List of Approved Spent Fuel Storage Casks: NAC-UMS Revision (Amendment 4)............. 3150-AH50
4169 Criminal History Check: Assessment of Application Fee................................. 3150-AH53
4170 Adjustment of Civil Penalties for Inflation........................................... 3150-AH55
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_______________________________________________________________________
Nuclear Regulatory Commission (NRC) Proposed Rule Stage
_______________________________________________________________________
4129. CONTROL OF SOLID MATERIAL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 20
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
evaluate alternatives for the control of solid materials with very low,
or no, levels of radioactivity. There are currently non-codified
guidance and practices for the control of solid materials. Current
practice is to apply, on a case-by-case basis, either Regulatory Guide
1.86 surface contamination values or no detectable
[[Page 74246]]
activity using environmental measurements methods. In addition, there
are no current release levels established generally for volumetrically
contaminated materials. An examination of approaches to the control of
solid materials would help the NRC staff evaluate the cost
effectiveness of means to handle requests for clearance of materials
during both operations and decommissioning.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/00/05
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: Federal, State
Agency Contact: Frank Cardile, Nuclear Regulatory Commission, Office of
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6185
Email: [email protected]
RIN: 3150-AH18
_______________________________________________________________________
4130. LARGE BREAK LOSS-OF-COOLANT ACCIDENT (LB-LOCA) REDEFINTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
allow for a risk-informed alternative to the present maximum loss-of-
coolant accident (LOCA) break size. This rulemaking would grant in part
a petition for rulemaking submitted by the Nuclear Energy Institute
(PRM-50-75).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Richard F. Dudley, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1116
Email: [email protected]
RIN: 3150-AH29
_______________________________________________________________________
4131. ELIMINATION OF REQUIREMENT TO SUBMIT ANNUAL FINANCIAL REPORT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
eliminate the reporting requirement in 10 CFR 50.71(b), which requires
that licensees for production and utilization facilities submit annual
financial reports, including certified financial statements, to the
Commission.
The proposed rule would eliminate the costs to licensees of submitting
their annual financial reports and the costs to the NRC of processing
those submittals. The cost savings are relatively small but it is
expected that the costs associated with the rulemaking will be
justified by the cost savings from eliminating the reporting
requirement. The elimination of the report will also serve to fulfill a
Congressional mandate to address outdated or paperwork oriented
requirements.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: William D. Reckley, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1323
Email: [email protected]
RIN: 3150-AH39
_______________________________________________________________________
4132. COLLECTION, REPORTING, OR POSTING OF INFORMATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 19; 10 CFR 20; 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
clarify or revise the regulations such that (1) licensees would not be
required, unless a specific request was made by a worker, to provide an
annual report to a worker of their radiation dose if a worker received
less than two percent of the limits defined in 10 CFR part 20; (2)
licensees for production and utilization facilities governed by 10 CFR
part 50 would not need to label containers in accordance with 10 CFR
20.1904, ``Labeling containers,`` if the containers met conditions such
as being clearly identifiable as containing radioactive materials,
being accessible only to trained individuals, and being located in an
area posted pursuant to 10 CFR 20.1902, ''Posting requirements``; and
(3) licensees would no longer need to attempt to obtain records of a
worker's cumulative radiation dose unless the worker was to be involved
in a planned special exposure. In addition, the staff is considering
using this opportunity to propose a change to 10 CFR 20.1003,
``Definitions,'' to clarify the definition of total effective dose
equivalent (TEDE).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: William D. Reckley, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1323
Email: [email protected]
RIN: 3150-AH40
_______________________________________________________________________
4133. EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND
MATERIALS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 110
Legal Deadline: None
Abstract: The final rule amends the Commission's regulations to require
[[Page 74247]]
specific export and import licenses for high-risk radioactive material.
The final rule is necessary to reflect recent changes to the nuclear
material security policies of the Commission and the Executive branch.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 09/16/04 69 FR 55785
NPRM Comment Period End 11/30/04
Final Rule 06/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Suzanne Schuyler-Hayes, Nuclear Regulatory Commission,
Office of International Programs, Washington, DC 20555-0001
Phone: 301 415-2333
Email: [email protected]
RIN: 3150-AH44
_______________________________________________________________________
4134. CODIFICATION OF EA-03-009 RPV HEAD AND
PENETRATION INSPECTION REQUIREMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
codify the inspection requirements of Order EA-03-009 regarding
inspections of reactor pressure vessel heads and head penetrations in
pressurized water reactors into 10 CFR part 50.55a.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Joseph L. Birmingham, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-2829
Email: [email protected]
RIN: 3150-AH46
_______________________________________________________________________
4135. NATIONAL SOURCE TRACKING
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 20; 10 CFR 30-40; 10 CFR 70; 10 CFR 70
Legal Deadline: None
Abstract: The proposed rulemaking would amend the Commission's
regulations to establish the regulatory foundation for a new national
source tracking system for high-risk sources, as designated in the IAEA
Code of Conduct (Category 1 and 2 sources). The tracking system is
intended to track the high-risk sources from cradle-to-grave. Licensees
will be required to report creation of new sources, transfer of
sources, receipt of sources and end-points for sources (e.g. export,
destruction, loss, disposal).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 06/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Merri Horn, Nuclear Regulatory Commission, Office of
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-8126
Email: [email protected]
RIN: 3150-AH48
_______________________________________________________________________
4136. POST-FIRE OPERATOR MANUAL ACTIONS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations
revising fire protection requirements in Appendix R to 10 CFR part 50,
along with associated guidance, to allow manual actions when those
actions meet appropriate acceptance criteria. The staff will develop an
interim enforcement policy to deal with compliance issues until the
rulemaking is complete and final revisions to the regulations and the
guidance are effective.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: David T Diec, Nuclear Regulatory Commission, Office of
Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-2834
Email: [email protected]
RIN: 3150-AH54
[[Page 74248]]
_______________________________________________________________________
Nuclear Regulatory Commission (NRC) Final Rule Stage
_______________________________________________________________________
4137. EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND COMBINED
LICENSES FOR NUCLEAR POWER PLANTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 2; 10 CFR 20; 10 CFR 50; 10 CFR 51; . . .
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's requirements
for early site permits, standard design certifications, and combined
licensees for nuclear power plants, and for other licensing processes.
The amendments are based on the NRC staff's experience with the
previous design certification reviews and on discussions with
stakeholders about the early site permit (ESP), design certification,
and combined license (COL) processes. This action is expected to
improve the effectiveness of the licensing processes for future
applicants. The rulemaking also would make conforming clarifications
and corrections to the NRC's regulations.
The NRC is proposing to reorganize 10 CFR part 52 to establish a
separate section for each of the seven licensing processes currently
described in 10 CFR part 52 (early site permits, early site reviews,
standard design certification, standard design approvals, combined
licenses, manufacturing licenses, and duplicate design licenses). The
purpose of this reorganization is to clarify that each licensing
process has equal standing. In addition, several subparts would be
reserved for future licensing processes. No substantive changes are
intended by the incorporation of current appendices M, N, O, and Q into
the new subparts in 10 CFR part 52.
The NRC is also proposing to retitle 10 CFR part 52 as Additional
Licensing Processes for Nuclear Power Plants to clarify that the
licensing processes in 10 CFR part 52 are in addition to and supplement
the two-step licensing process in 10 CFR part 50 and the license
renewal process in 10 CFR part 54, and are not limited to the early
site permit, standard design certification, and combined license
processes as the current title implies.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/03/03 68 FR 40025
NPRM Comment Period End 09/16/03
Final Rule 08/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: The proposed rule would amend section 52.1 to
clarify that all seven licensing processes are within the scope of 10
CFR part 52. Sections within current appendices M, N, O, and Q would
also become new sections of the revised part. In addition, the proposed
rule would reserve sections for future licensing processes. In doing
so, the NRC hopes to convey that 10 CFR part 52 is the preferred
location in 10 CFR for nuclear power plant licensing processes. The
proposed rule subsumed the rulemaking, ``Standardized Plant Designs,
Early Review of Sites Suitability Issues; Clarifying Amendments`` (RIN
3150-AE25), that would remove redundant appendices M, N, O, and Q from
part 50. The part 52 rulemaking plan (SECY-98-282) was approved by the
Commission on January 14, 1999.
Agency Contact: Jerry N. Wilson, Nuclear Regulatory Commission, Office
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3145
Email: [email protected]
Nanette Giles, Nuclear Regulatory Commission, Office of Nuclear Reactor
Regulation, Washington, DC 20555-0001
Phone: 301 415-1180
Email: [email protected]
Related RIN: Merged with 3150-AE25
RIN: 3150-AG24
_______________________________________________________________________
4138. RISK-INFORMED CATEGORIZATION AND TREATMENT OF STRUCTURES, SYSTEMS
AND COMPONENTS FOR NUCLEAR POWER REACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would provide an alternative, risk-informed
approach for special treatment requirements in the current regulations.
Special treatment requirements are requirements imposed on structures,
systems, and components (SSCs) that provide additional confidence that
these SSCs are capable of meeting design basis functional requirements.
The contemplated risk-informed approach would categorize SSCs and vary
the associated regulatory treatment based on the SSC's safety
significance. This action is a result of the Commission's continuing
efforts to risk-inform its regulations. The staff provided the
Commission the proposed rule package on September 30, 2002. In a Staff
Requirements Memorandum for SECY-02-0176, dated March 28, 2003, the
Commission directed the staff to publish the proposed rule in the
Federal Register for public comment. The staff resolved public comments
and provided the final rule to the Commission on June 30, 2004.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 03/03/00 65 FR 11488
ANPRM Comment Period End 05/17/00
NPRM 05/16/03 68 FR 26511
NPRM Comment Period Extended 07/30/03 68 FR 44672
Final Rule 11/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Tim Reed, Nuclear Regulatory Commission, Office of
Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1462
Email: [email protected]
RIN: 3150-AG42
_______________________________________________________________________
4139. CHANGES TO EMERGENCY ACTION LEVELS AND EXERCISE REQUIREMENTS FOR
CO-LOCATED LICENSEES--APPENDIX E
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would resolve an ambiguity in the
regulations
[[Page 74249]]
regarding NRC approval of nuclear power plant licensee-initiated
changes to emergency action levels (EALs). The proposed rule would
allow licensees to make minor changes to EALs without prior NRC
approval. The proposed rule would also establish emergency planning
exercise requirements for co-located licensees.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/24/03 68 FR 43673
NPRM Comment Period End 10/07/03
Final Rule 11/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Michael T. Jamgochian, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3224
Email: [email protected]
RIN: 3150-AH00
_______________________________________________________________________
4140. SECURITY REQUIREMENTS FOR PORTABLE GAUGES CONTAINING BYPRODUCT
MATERIAL
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 30
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations
governing the use of byproduct material in specifically licensed
portable gauges. The proposed rule would require a licensee to provide
a minimum of two independent physical controls that form tangible
barriers to secure the gauge from unauthorized removal whenever the
portable gauges are not under the control and constant surveillance of
the licensee.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/01/03 68 FR 45172
NPRM Comment Period End 10/15/03
Final Rule 12/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Lydia Chang, Nuclear Regulatory Commission, Office of
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6319
Email: [email protected]
RIN: 3150-AH06
_______________________________________________________________________
4141. PUBLIC RECORDS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 9
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
reflect changes in officials who initially deny access to records or
deny access to records whose initial denial has been appealed, and to
reflect a change in an appellate official due to a reorganization. The
amendment would allow the Executive Assistant to the Secretary of the
Commission, rather than the Assistant Secretary, to make the initial
determination to deny NRC records in whole or in part under the
Commission's regulations. Also, an appeal of a denial of a request for
a waiver or reduction of fees, or denial of a request for expedited
processing would be appealed to the Executive Director for Operations
rather than the Secretary of the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/27/04 69 FR 22737
NPRM Comment Period End 07/12/04
Final Rule 03/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Carole Ann Reed, Nuclear Regulatory Commission, Office
of the Chief Information Officer, Washington, DC 20555
Phone: 301 415-7169
Email: [email protected]
RIN: 3150-AH12
_______________________________________________________________________
4142. OPTIONS FOR ADDRESSING TRAINING AND EXPERIENCE ISSUES ASSOCIATED
WITH RECOGNITION OF SPECIALTY BOARDS BY NRC
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 35
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations
modifying the training and experience requirements based on
recommendations submitted by the Advisory Committee on the Medical Uses
of Isotopes (ACMUI), contained in SECY-02-0194 (October 30, 2002,
``Staff Requirements--SECY-02-0194--Options for Addressing Part 35
Training and Experience Issues Associated with Recognition of Specialty
Boards by NRC'' (February 12, 2003). The Commission approved an option
that includes posting on the NRC's web site the names of boards whose
certifications are recognized as meeting revised criteria for training
and experience rather than including the names in regulations. The
Commission directed that the staff develop the proposed rule based on
the ACMUI's recommendations, with certain qualifications in SRM-02-
0194, including clarifications about the meaning of terms in preceptor
statements--the retention of which was required by the Commission.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 12/09/03 68 FR 68549
NPRM Comment Period End 02/23/04
Final Rule 11/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: State
Agency Contact: Roger W. Broseus, Nuclear Regulatory Commission, Office
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-7608
Email: [email protected]
RIN: 3150-AH19
[[Page 74250]]
_______________________________________________________________________
4143. INCORPORATION BY REFERENCE OF ASME BPV CODE CASES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
incorporate by reference the latest revisions of two previously
incorporated regulatory guides which address NRC review and approval of
Code cases published by the American Society of Mechanical Engineers
(ASME). The Code cases listed in these regulatory guides have been
reviewed by the NRC and found to be acceptable for use as alternatives
to requirements in the ASME Boiler and Pressure Vessel Code pertaining
to the construction and inservice inspection of nuclear power plant
components.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/03/04 69 FR 46452
NPRM Comment Period End 10/18/04
Final Rule 01/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Harry S. Tovmassian, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555
Phone: 301 415-3092
Email: [email protected]
RIN: 3150-AH35
_______________________________________________________________________
4144. ADDRESS CHANGE OF NRC REGION III OFFICES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 1; 10 CFR 20; 10 CFR 30; 10 CFR 40; 10
Legal Deadline: None
Abstract: The final rule amends the Commission's regulations to reflect
the change of address for the NRC Region III Office in Lisle, Illinois.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 11/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Michael K Williamson, Nuclear Regulatory Commission,
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001
Phone: 301 415-6234
Email: [email protected]
RIN: 3150-AH49
_______________________________________________________________________
4145. EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND
MATERIAL: NUCLEAR GRADE GRAPHITE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 110
Legal Deadline: None
Abstract: The direct final rule amends the Commission's regulations by
revising its export/import regulations to remove the NRC's export
licensing requirements for nuclear grade graphite for non-nuclear end
use. The purpose of this change is to remove from NRC export licensing
jurisdiction nuclear materials which are not of significance from a
nuclear proliferation perspective. The responsibility for the licensing
of exports of nuclear grade graphite for non-nuclear end use will be
transferred to the Department of Commerce (DOC). The DOC, which has
concurred in this rule, will issue a direct final rule that will place
these exports under its jurisdiction. The DOC direct final rule, will
be published concurrently, will become effective on the same date as
the NRC's direct final rule.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Direct Final Rule 11/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Suzanne Schuyler-Hayes, Nuclear Regulatory Commission,
Office of International Programs, Washington, DC 20555-0001
Phone: 301 415-2333
Email: [email protected]
RIN: 3150-AH51
_______________________________________________________________________
Nuclear Regulatory Commission (NRC) Long-Term Actions
_______________________________________________________________________
4146. UPDATE FUEL PERFORMANCE CONSIDERATIONS AND OTHER FUEL CYCLE ISSUES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2011; 42 USC 2201; 42 USC 4321; 42 USC 5841; 42
USC 5842
CFR Citation: 10 CFR 51
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations by
addressing uranium fuel cycle environmental data (Table S-3) and the
environmental effects of transportation of fuel and waste data (Table
S-4). In section 51.51, the environmental data would be re-estimated
and reflect changes in the structure and activities of the fuel cycle
and the availability of better data. Estimates of releases of Radon-222
and Technetium-99 would be added to Table S-3. The addition of a
specific value for Radon-222 would address the outstanding portion of
petition for rulemaking PRM-51-1, submitted by the New England
Coalition on Nuclear Pollution. To provide immediate relief to the
petitioners' request, the Commission published a final rule on March
14, 1977 (42 FR 13803), that removed the original value for Radon-222
from Table S-3 so that it became subject to case-specific litigation.
It was anticipated that the Commission would add a specific value for
Radon-222, but the Commission deferred action until a general updating
of Table S-3 is
[[Page 74251]]
undertaken. For section 51.52, the environmental impact estimates would
be re-estimated to reflect the use of more highly enriched fuel and
discharge of more highly irradiated fuels from a reactor; as well as
many changes needed to update fuel cycle process and technologies.
This rulemaking would result in current and more accurate estimates of
the environmental impact of licensing a new plant, and would eliminate
the requirement to review the contribution to environmental impacts
from Radon-222 and Technetium-99 in individual plant reviews. This rule
is being reissued as a proposed rule, and would update the initial
rulemaking effort to address newly emerging issues and research.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/04/81 46 FR 15154
NPRM Comment Period End 05/04/81
Second NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Stewart Schneider, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555
Phone: 301 415-4123
Email: [email protected]
RIN: 3150-AA31
_______________________________________________________________________
4147. DISPOSAL BY RELEASE INTO SANITARY SEWERAGE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 20
Legal Deadline: None
Abstract: The advance notice of proposed rulemaking (ANPRM) was
published to request public comment, information, and recommendations
on contemplated amendments to the Commission's regulations governing
the release of radionuclides from licensed nuclear facilities into
sanitary sewer systems. The Commission believes that by incorporating
current sewer treatment technologies, the contemplated rulemaking would
improve the control of radioactive materials released to sanitary sewer
systems by licensed nuclear facilities. The Interagency Steering
Committee on Radiation Standards (ISCORS), the NRC and the
Environmental Protection Agency conducted a joint survey of sewage
treatment plants. The need for and the extent of a rulemaking will be
evaluated pending the result of the survey and the associated dose
assessment. This rulemaking would also address a petition for
rulemaking submitted by the Northeast Ohio Sewer District (PRM-20-22).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 02/25/94 59 FR 9146
ANPRM Comment Period End 05/26/94
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Charlotte Abrams, Nuclear Regulatory Commission, Office
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-7293
Email: [email protected]
RIN: 3150-AE90
_______________________________________________________________________
4148. FITNESS FOR DUTY PROGRAMS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 26
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
ensure compatibility with the Department of Health and Human Services
guidelines, reduce unnecessary regulatory burden in some areas, clarify
the Commission's original intent of the rule, and improve overall
program effectiveness and efficiency and establish threshold for the
control of working hours at nuclear power plants to ensure that working
hours in excess of the thresholds are controlled through a risk-
informed deviation process (per SRM-COMSECY-04-0014, dated May 25,
2004, directing combination of RIN-3150-AF12 and RIN-3150-AG99).
Because of the issues raised in response to the earlier affirmed (FFD)
rule, a new proposed rule will be published, including provisions to
provide significantly greater assurance that worker fatigue does not
adversely affect the operational safety of nuclear power plants. This
rulemaking would address the petition for rulemaking submitted by the
Virginia Electric and Power Company (VEPCO) (PRM-26-1) and a petition
for rulemaking submitted by Barry Quigley (PRM-26-2) related to worker
fatigue.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/09/96 61 FR 21105
NPRM Comment Period End 08/07/96
Second NPRM 12/00/05
Final Rule 05/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Rebecca L. Karas, Nuclear Regulatory Commission, Office
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3711
Email: [email protected]
Related RIN: Related to 3150-AG62
RIN: 3150-AF12
_______________________________________________________________________
4149. ADVANCE NOTIFICATION TO NATIVE AMERICAN TRIBES OF TRANSPORTATION
OF CERTAIN TYPES OF NUCLEAR WASTE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 71; 10 CFR 73
Legal Deadline: None
Abstract: The advance notice of proposed rulemaking (ANPRM) invited
early input from affected parties and the public on the issues
associated with the advance notification of Indian tribes of spent fuel
shipments. The Department of Energy (DOE) has indicated that it intends
to comply with NRC's physical protection requirements for shipments
under the Nuclear Waste Policy Act; however, its current practices
conflict with NRC regulations. For example, DOE has asked for and will
continue to ask for exemptions from the shipment itinerary information
requirements of foreign research reactor fuel. DOE, as a courtesy,
provides Indian tribes with notification of spent fuel shipments. NRC's
current
[[Page 74252]]
regulations do not address notification of Indian tribes. Further, DOE
has developed a satellite tracking system to monitor the status of
spent fuel shipments at all times. Distribution of this status
information to parties other than Governors' designees is also not
compatible with NRC regulations. A rulemaking plan was approved by the
Commission on February 20, 2001. This rulemaking was put on hold by the
Commission pending review of NRC rules in response to events of
September 11, 2001.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 12/21/99 64 FR 71331
ANPRM Comment Period End 07/05/00 65 FR 18010
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Roger W. Broseus, Nuclear Regulatory Commission, Office
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-7608
Email: [email protected]
RIN: 3150-AG41
_______________________________________________________________________
4150. INTEGRATED RULEMAKING FOR DECOMMISSIONING NUCLEAR POWER REACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: A staff requirements memorandum dated June 23, 1999, directed
the NRC staff to consider an integrated, risk-informed decommissioning
rule rather than individual rulemakings to address emergency
preparedness, insurance, safeguards, operator staffing, and backfit for
nuclear power plants that are being decommissioned. SECY-99-168, dated
June 30, 1999, recommended that the integrated approach be approved and
outlined staff plans for pursuing such a rulemaking. Accordingly, the
staff has subsumed previous rulemaking activities in the areas of
emergency planning, insurance, safeguards, operator staffing, and
backfit into one integrated rulemaking effort. This rulemaking would
apply to licensees who certified, pursuant to 10 CFR 50.82(a), that
they have permanently ceased facility operation(s) and have permanently
removed fuel from the reactor vessel. The Commission approved this
approach in an SRM dated December 21, 1999. This rulemaking also would
address a petition for rulemaking submitted by the North Carolina
Public Utility Commission (PRM-50-57).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: In SECY-00-0145, dated June 28, 2000, the NRC
staff recommended a decommissioning rulemaking plan in the areas of
emergency planning, insurance, safeguards, operator staffing, and
backfit (the integrated decommissioning rulemaking plan). The
rulemaking plan relied on a draft decommissioning risk study as the
basis for its recommendations. The Commission returned the rulemaking
plan to the staff for rework in September 2000, based on changes to the
decommissioning risk study findings. The decommissioning risk study,
NUREG-1738, was issued in January 2001. After assessing the findings in
the risk study, the staff presented a policy options paper to the
Commission, SECY-01-0100, dated June 4, 2001, that provided options and
made recommendations on issues to be addressed in the integrated
rulemaking. Following the terrorist events of September 11, 2001, the
NRC staff recommended and the Commission approved the withdrawal of
SECY-01-0101 because of the likely changes in the staff's position on
decommissioning plant safeguards. The decommissioning policy position
will be revisited when a broad-scope NRC safeguards policy is developed
in response to potential terrorist acts at nuclear facilities. The
schedule for the integrated rulemaking cannot be determined at this
time.
Agency Contact: Anthony N. Tse, Nuclear Regulatory Commission, Office
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6233
Email: [email protected]
RIN: 3150-AG47
_______________________________________________________________________
4151. REEVALUATION OF POWER REACTOR PHYSICAL PROTECTION REGULATIONS AND
POSITION ON A DEFINITION OF RADIOLOGICAL SABOTAGE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 73
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
incorporate the Commission actions taken as a result of September 11,
2001. The proposed rulemaking would (1) require power reactor licensees
to conduct drills and exercises to evaluate their protective strategy
against a simulated design basis threat (DBT) of radiological sabotage;
(2) incorporate requirements of Commission Orders issued February 25,
2002, January 7, 2003, and April 29, 2003; (3) require the development
and implementation of an integrated response plan; (4) consider
appropriate information obtained as a result of on-going vulnerability
assessments; (5) consider appropriate aspects of access authorization
program changes; (6) codify the applicable requirements from the
Commission Orders (and revisions to section 73.55) as part of the
licensing and design regulations applicable to future/new reactor
applications/designs (part 50) (SRM to SECY-03-0157); and (7) codify
the applicable requirements from the Commission Orders as part of the
licensing and design regulations applicable to Early Site Permits
(ESPs). In conjunction with this rulemaking effort, all associated
regulatory guidance documents such as regulatory guides, NUREGs,
Information notices, etc., would require review and revisions as
appropriate.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
[[Page 74253]]
Agency Contact: Scott A. Norris, Nuclear Regulatory Commission, Office
of Nuclear Security and Incident Response, Washington, DC 20555
Phone: 301 415-7083
Email: [email protected]
RIN: 3150-AG63
_______________________________________________________________________
4152. TRANSFERS OF CERTAIN SOURCE MATERIALS BY SPECIFIC LICENSEES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 40
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
require NRC approval for transfers from licensees of unimportant
quantities of source material (less than 0.05 percent by weight) to
persons exempt from licensing requirements. The objective of this
proposed action is to ensure that the regulations regarding transfers
of materials containing low concentrations of source material are
adequate to protect public health and safety. Publication of the final
rule is being delayed until certain recent related issues are resolved
to minimize the possibility of future inconsistencies in the
regulations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/28/02 67 FR 55175
NPRM Comment Period End 11/12/02
Final Action To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Gary Comfort, Nuclear Regulatory Commission, Office of
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-8106
Email: [email protected]
RIN: 3150-AG64
_______________________________________________________________________
4153. ENTOMBMENT OPTIONS FOR POWER REACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 20; 10 CFR 50
Legal Deadline: None
Abstract: The advance notice of proposed rulemaking (ANPRM) was
published seeking stakeholder input on three proposed regulatory
options and whether entombment was a viable decommissioning
alternative. In SECY 02-0191 (October 25, 2002), NRC staff proposed
deferring the rulemaking until the Office of Nuclear Regulatory
Research has conducted research to develop a sound technical basis for
an entombment option, estimated in 2005. The Commission, in a Staff
Requirements Memorandum dated November 26, 2002, did not object to
staff's proposal, and requested information regarding the scope and
type of research needed to support any entombment option. This
information was provided to the Commission on May 14, 2003.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
ANPRM 10/16/01 66 FR 52551
ANPRM Comment Period End 12/31/01
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Patricia Eng, Nuclear Regulatory Commission, Office of
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-7206
Email: [email protected]
RIN: 3150-AG89
_______________________________________________________________________
4154. MODIFICATIONS TO PRESSURE-TEMPERATURE LIMITS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
eliminate those requirements for pressure-temperature limits that are
related to the metal temperature of the reactor pressure vessel closure
head flange and vessel flange areas. The proposed rule would amend
footnotes 2 and 6 to table 1 of appendix G, and simplify restructuring
of the table. Also, this rulemaking would address the petition for
rulemaking submitted by Westinghouse Electric Company (PRM-50-69).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Matthew Mitchell, Nuclear Regulatory Commission, Office
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3303
Email: [email protected]
RIN: 3150-AG98
_______________________________________________________________________
4155. DISTRIBUTION OF SOURCE MATERIAL TO EXEMPT PERSONS AND GENERAL
LICENSEES AND REVISION OF 10 CFR 40.22 GENERAL LICENSE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 40
Legal Deadline: None
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
[[Page 74254]]
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 10 CFR 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
PRM-40-27 submitted by the State of Colorado and organization of
Agreement States.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Governmental Jurisdictions
Government Levels Affected: State
Agency Contact: Gary Comfort, Nuclear Regulatory Commission, Office of
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-8106
Email: [email protected]
RIN: 3150-AH15
_______________________________________________________________________
4156. ACCEPTABLE CRITERIA FOR EMERGENCY CORE COOLING SYSTEMS FOR LIGHT-
WATER NUCLEAR POWER REACTORS
Priority: Substantive, Nonsignificant
Legal Authority: 41 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations in
section 50.46 to develop performance-based acceptance criteria for fuel
cladding performance during loss-of-coolant accidents. The proposed
amendment would eliminate the agency's practice of approving the use of
M5, a zirconium-niobium alloy, by exemptions. This rulemaking would
address a petition for rulemaking submitted by the Nuclear Energy
Institute (PRM-50-71). This action is intended to increase NRC's
effectiveness and efficiency and to reduce unnecessary regulatory
burden for licensees without adversely affecting public health and
safety.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/00/06
Final Rule 03/00/07
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Peter C. Wen, Nuclear Regulatory Commission, Office of
Nuclear Reactor Regulation, Washington , DC 20555-0001
Phone: 301 415-2832
Email: [email protected]
RIN: 3150-AH22
_______________________________________________________________________
4157. IMPLEMENT US-IAEA SAFEGUARDS AGREEMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 40; 10 CFR 50; 10 CFR 60; 10 CFR 61, 1
Legal Deadline: None
Abstract: The final rule will amend the Commission's regulations to
implement the additional reporting and complementary access
requirements contained in the US/IAEA Additional Protocol for the
application of safeguards in the United States of America.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Mary Adams, Nuclear Regulatory Commission, Office of
Nuclear Reactor Regulation, Wshington, DC 20555-0001
Phone: 301 415-7249
Email: [email protected]
RIN: 3150-AH38
_______________________________________________________________________
4158. EXEMPTIONS FROM LICENSING AND DISTRIBUTION OF BYPRODUCT MATERIAL;
LICENSING AND REPORTING REQUIREMENT
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 30; 10 CFR 31; 10 CFR 32
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations to
use the results of the reevaluation of exemptions to make parts 30, 31,
and 32 more risk-informed, less prescriptive, and better ensure safety.
This goal would include considering a new exemption to cover a number
of types of devices that are currently used under specific or general
license. Some issues related to the distribution of generally licensed
devices also would be considered. This rulemaking would subsume RM 526,
``Use of Exempt Sources in Devices, 10 CFR 30.18,`` which has been
terminated.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Catherine R. Mattsen, Nuclear Regulatory Commission,
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001
Phone: 301 415-6264
Email: [email protected]
RIN: 3150-AH41
_______________________________________________________________________
4159. PERFORMANCE-BASED ECCS ACCEPTANCE CRITERIA
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend section 50.46 to develop
performance-based acceptance criteria for fuel cladding performance
during loss-of-coolant accidents. Existing provisions of section 50.46
applicable to certain zirconium-based cladding materials would be
supplemented by
[[Page 74255]]
performance-based standards for maximum peak cladding temperature and
oxidation limit. The supplementary performance standard would allow
licensees to use alternative cladding materials, without seeking an
exemption, provided that (1) testing demonstrated that adequate
ductility would be maintained, and (2) ECCS analyses showed that the
new performance criteria would be satisfied. This rulemaking would also
address a petition for rulemaking submitted by the Nuclear Energy
Institute (PRM-50-71).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Peter C. Wen, Nuclear Regulatory Commission, Office of
Nuclear Reactor Regulation, Washington , DC 20555-0001
Phone: 301 415-2832
Email: [email protected]
RIN: 3150-AH42
_______________________________________________________________________
4160. DECOUPLING OF ASSUMED LOSS OF OFFSITE POWER FROM LOSS-OF-COOLANT
ACCIDENTS (LOCA)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rulemaking would amend the Commission's
regulations to eliminate, based upon appropriate risk considerations,
the assumption of a coincident loss of offsite power for postulated
large-break (low frequency) loss-of-coolant accidents (LB-LOCA) in
General Design Criterion (GDC) 35. The proposed rule would provide a
voluntary alternative to existing requirements where specified
acceptance criteria are satisfied, and would address a petition for
rulemaking submitted by Bob Christie Performance Technology) (PRM-50-
77).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Peter C. Wen, Nuclear Regulatory Commission, Office of
Nuclear Reactor Regulation, Washington , DC 20555-0001
Phone: 301 415-2832
Email: [email protected]
RIN: 3150-AH43
_______________________________________________________________________
4161. REDUCE THE LIKELIHOOD OF FUNDING SHORTFALLS FOR
DECOMMISSIONING UNDER THE LICENSE TERMINATION RULE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 20; 10 CFR 30; 10 CFR 40; 10 CFR 70; 1
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations by
examining the addition and revision of requirements for (a) financial
assurance and (b) licensee monitoring, reporting, and remediation to
reduce the potential for sites that could have funding shortfalls or
contamination that would complicate future decommissioning (i.e.,
create a future legacy site).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Mark Delligatti, Nuclear Regulatory Commission, Office
of Nuclear Material Safety and Safeguards, Washington, DC 20555
Phone: 301 415-8518
Email: [email protected]
RIN: 3150-AH45
_______________________________________________________________________
4162. CERTIFICATION THAT PROCEDURES UNDER 10 CFR
PARTS 25 AND 95 FOR ACCESS AUTHORIZATION AND FACILITY SECURITY CLEARANCE
ARE AVAILABLE IN CONNECTION WITH ACTIVITIES UNDER PARTS 60 AND 63
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 41 USC 5841
CFR Citation: 10 CFR 25; 10 CFR 95
Legal Deadline: None
Abstract: The direct final rule amends the Commission's regulations to
clarify that persons who need access to classified information in
connection with activities under 10 CFR parts 60 and 63 are included
within the scope of part 25 and may apply for the necessary security
clearances. The NRC is also amending its regulations to clarify that
persons who have a need to use, process, store, reproduce, transmit,
transport, or handle NRC classified information at any location in
connection with NRC-related activities under parts 60 and 63 are
included within the scope of part 95 and may request an NRC facility
security clearance.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Direct Final Rule To Be Determined
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Anthony N. Tse, Nuclear Regulatory Commission, Office
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6233
Email: [email protected]
RIN: 3150-AH52
[[Page 74256]]
_______________________________________________________________________
Nuclear Regulatory Commission (NRC) Completed Actions
_______________________________________________________________________
4163. PERFORMANCE-BASED, RISK-INFORMED FIRE PROTECTION
Priority: Substantive, Nonsignificant
CFR Citation: 10 CFR 50
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Final Rule 06/16/04 69 FR 33536
Final Rule Effective 07/16/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Joseph L. Birmingham
Phone: 301 415-2829
Email: [email protected]
RIN: 3150-AG48
_______________________________________________________________________
4164. NUCLEAR POWER PLANT WORKER FATIGUE
Priority: Substantive, Nonsignificant
CFR Citation: 10 CFR 26
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Subsumed into RIN 3150-AF12 07/30/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: David Desaulniers
Phone: 301 415-1043
Email: [email protected]
RIN: 3150-AG99
_______________________________________________________________________
4165. INDUSTRY CODES AND STANDARDS; AMENDED REQUIREMENTS
Priority: Substantive, Nonsignificant
CFR Citation: 10 CFR 50
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Final Rule 10/01/04 69 FR 58804
Final Rule Effective 11/01/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Stephen A. Tingen
Phone: 301 415-1280
Email: [email protected]
RIN: 3150-AH24
_______________________________________________________________________
4166. LICENSING PROCEEDINGS FOR THE RECEIPT OF HIGH-LEVEL RADIOACTIVE
WASTE AT A GEOLOGIC REPOSITORY: LICENSING SUPPORT NETWORK, SUBMISSIONS
TO THE ELECTRONIC DOCKET
Priority: Substantive, Nonsignificant
CFR Citation: 10 CFR 2
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Final Rule 06/14/04 69 FR 32836
Final Rule Effective 07/14/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Francis X. Cameron
Phone: 301 415-1642
Email: [email protected]
RIN: 3150-AH31
_______________________________________________________________________
4167. MEDICAL USE OF BYPRODUCT MATERIAL; MINOR
AMENDMENTS; EXTENDING EXPIRATION DATE FOR SUBPART J
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 35
Legal Deadline: None
Abstract: The final rule revises the Commission's regulations to extend
the expiration date for training and experience requirements to be
superceded for 1 year, from October 24, 2004, to October 24, 2005.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 09/16/04 69 FR 55736
Final Rule Effective 10/22/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Anthony N. Tse, Nuclear Regulatory Commission, Office
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6233
Email: [email protected]
RIN: 3150-AH47
_______________________________________________________________________
4168. LIST OF APPROVED SPENT FUEL STORAGE CASKS: NAC-
UMS REVISION (AMENDMENT 4)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 72
Legal Deadline: None
Abstract: The direct final rule amends the Commission's regulations
that apply to storage of spent fuel by revising the NAC International
Inc., NAC-UMS cask system listing within the ``List of Approved Spent
Fuel Storage Casks'' to include Amendment No. 4 to Certificate of
Compliance Number 1025. Amendment No. 4 modifies the present cask
system design to incorporate vacuum drying enhancements under a general
license. Specifically, the amendment increases vacuum drying time
limits, delete canister removal from concrete cask requirements,
revises surface contamination removal time limits, and revises
allowable contents fuel assembly limits.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 08/13/04 69 FR 50089
Direct Final Rule 08/13/04 69 FR 50053
Confirmation of Effective Date 10/24/04 69 FR 61592
Direct Final Rule Effective 10/27/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Jayne M. McCausland, Nuclear Regulatory Commission,
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001
Phone: 301 415-6219
Email: [email protected]
RIN: 3150-AH50
_______________________________________________________________________
4169. CRIMINAL HISTORY CHECK: ASSESSMENT OF
APPLICATION FEE
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 73
Legal Deadline: None
Abstract: The final rule amends the Commission's regulations to reflect
an
[[Page 74257]]
administrative change in the method of calculating the agency's
application fee for criminal history checks requested by licensees. The
amendment establishes the application fee amount as the sum of the user
fee charged by the Federal Bureau of Investigation for performing
criminal history checks on fingerprint records and an NRC handling
charge assessed to ensure full recovery of NRC's administrative costs
related to fingerprint record processing. The amendment also provides
for the NRC to publish its current criminal history check fee on the
NRC public website, and notify licensees by e-mail whenever the
application fee is adjusted.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 10/01/04 69 FR 58820
Final Rule Effective 10/01/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Patricia A. Smith, Nuclear Regulatory Commission,
Office of Administration, Washington, DC 20555
Phone: 301 415-7739
Email: [email protected]
RIN: 3150-AH53
_______________________________________________________________________
4170. ADJUSTMENT OF CIVIL PENALTIES FOR INFLATION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 2
Legal Deadline: None
Abstract: The final rule amends the Commission's regulations to adjust
the maximum Civil Monetary Penalties (CMPs it can assess under statutes
in NRC's jurisdiction. These changes are mandated by Congress in the
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended
the the Debt Collection Improvement Act of 1996. The NRC's Rules of
Practice are amended by adjusting the maximum CMP for a violation of
the Atomic Energy Act of 1954, as amended (AEA), or any regulation or
order issued under the AEA from $120,000 to $130,000 per violation per
day.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 10/26/04 69 FR 62393
Final Rule Effective 11/26/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Federalism: Undetermined
Agency Contact: Shelly D Cole, Nuclear Regulatory Commission, Office of
the General Counsel, Washington, DC 20555-0001
Phone: 301 415-2549
Email: [email protected]
RIN: 3150-AH55
[FR Doc. 04-22104 Filed 12-10-04; 8:45 am]
BILLING CODE 7590-01-S