[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
----------------------------------------------------------------------------------------------------------------


                                 Nuclear Regulatory Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     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
----------------------------------------------------------------------------------------------------------------


                                Nuclear Regulatory Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     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.......................................................................
----------------------------------------------------------------------------------------------------------------


                                Nuclear Regulatory Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     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
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


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