[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] ----------------------------------------------------------------------- Part XXVI Nuclear Regulatory Commission ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 70204]]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 April 30, 2007 (72 FR 23598). 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. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. FOR FURTHER INFORMATION CONTACT: For further information concerning NRC rulemaking procedures or the status of any rule listed in this agenda, contact Michael T. Lesar, Chief, Rulemaking, Directives, and Editing Branch, Division of Administrative Services, 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 April 30, 2007 (72 FR 23598). Within each group, the rules are ordered according to the Regulation Identifier Number (RIN). The information in this agenda has been updated through August 30, 2007. 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 30th day of August 2007. For the Nuclear Regulatory Commission. Michael T. Lesar, Chief, Rulemaking, Directives, and Editing Branch, Division of Administrative Services, Office of Administration. Nuclear Regulatory Commission--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 579 Distribution of Source Material to Exempt Persons and General Licensees and Revision 3150-AH15 of 10 CFR 40.22 General License....................................................... 580 Controlling the Disposition of Solid Materials........................................ 3150-AH18 ---------------------------------------------------------------------------------------------------------------- Nuclear Regulatory Commission--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 581 Revision of Fee Schedules; Fee Recovery for FY 2007................................... 3150-AI00 ---------------------------------------------------------------------------------------------------------------- [[Page 70205]] _______________________________________________________________________ Nuclear Regulatory Commission (NRC) Long-Term Actions _______________________________________________________________________ 579. DISTRIBUTION OF SOURCE MATERIAL TO EXEMPT PERSONS AND GENERAL LICENSEES AND REVISION OF 10 CFR 40.22 GENERAL LICENSE Legal Authority: 42 USC 2201; 42 USC 5841 Abstract: The proposed rule would amend the Commission's regulations to improve the control over the distribution of source material to exempt persons and to general licensees in order to make part 40 more risk- informed. The proposed rule also would govern the licensing of source material by adding specific requirements for licensing of and reporting by distributors of products and materials used by exempt persons and general licensees. Source material is used under general license and under various exemptions from licensing requirements in part 40 for which there is no regulatory mechanism for the Commission to obtain information to fully assess the resultant risks to public health and safety. Although estimates of resultant doses have been made, there is a need for ongoing information on the quantities and types of radioactive material distributed for exempt use and use under general license. Obtaining information on the distribution of source material is particularly difficult because many of the distributors of source material to exempt persons and generally licensed persons are not currently required to hold a license from the Commission. Distributors are often unknown to the Commission. No controls are in place to ensure that products and materials distributed are maintained within the applicable constraints of the exemptions. In addition, the amounts of source material allowed under the general license in section 40.22 could result in exposures above 1 mSv/year (100 mrem/year) to workers at facilities that are not required to meet the requirements of parts 19 and 20. Without knowledge of the identity and location of the general licensees, it would be difficult to enforce restrictions on the general licensees. This rule also would address 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 Agency Contact: Gary C. Comfort, Jr., Nuclear Regulatory Commission, Office of Federal and State Materials and Environmental Management Programs, Washington, DC 20555-0001 Phone: 301 415-8106 Email: [email protected] RIN: 3150-AH15 _______________________________________________________________________ 580. CONTROLLING THE DISPOSITION OF SOLID MATERIALS Legal Authority: 42 USC 2201; 42 USC 5841 Abstract: The staff provided a draft proposed rule package on Controlling the Disposition of Solid Materials to the Commission on March 31, 2005. The Commission has disapproved publication of the draft proposed rule package. The Commission's decision is based on the fact that the Agency is currently faced with several high priority and complex tasks, that the current approach to review specific cases on an individual basis is fully protective of public health and safety, and that the immediate need for this rule has changed due to the shift in timing for reactor decommissioning. As such, the Commission is deferring this rulemaking for the time being. Timetable: ________________________________________________________________________ Action Date FR Cite ________________________________________________________________________ NPRM To Be Determined Regulatory Flexibility Analysis Required: Yes Agency Contact: Frank P. Cardile, Nuclear Regulatory Commission, Office of Federal and State Materials and Environmental Management Programs, Washington, DC 20555-0001 Phone: 301 415-6185 Email: [email protected] RIN: 3150-AH18 _______________________________________________________________________ Nuclear Regulatory Commission (NRC) Completed Actions _______________________________________________________________________ 581. REVISION OF FEE SCHEDULES; FEE RECOVERY FOR FY 2007 Legal Authority: 42 USC 2201; 42 USC 5841 Abstract: The final rule amends the Commission's licensing, inspection, and annual fees charged to NRC licensees and applicants for an NRC license. The rulemaking is necessary to recover, through the assessment of fees, approximately 90 percent of the NRC's budget authority for Fiscal Year (FY) 2007, less the amounts appropriated from the Nuclear Waste Fund, and for Waste Incidental to Reprocessing and generic homeland security activities as required by the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended. To address fairness and equity concerns related to charging NRC license holders for agency budgeted costs that do not provide a direct benefit to the licensee, the FY 2001 Energy and Water Development Appropriations Act amended OBRA-90 to decrease the NRC's fee recovery amount by 2 percent per year beginning in FY 2001, until the fee recovery amount was 90 percent in FY 2005. The FY 2006 Energy and Water Development Appropriations Act, as amended by the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act 2006, extended this 90 percent fee recovery requirement through FY 2006. Section 637 of the Energy Policy Act of 2005 made the 90 percent fee recovery requirement permanent beginning in FY 2007. The dollar amount to be recovered for FY 2007 is approximately $670.5 million. OBRA-90, as amended, requires that the fees for FY 2007 be collected by September 30, 2007. Completed: ________________________________________________________________________ Reason Date FR Cite ________________________________________________________________________ Final Rule 06/06/07 72 FR 31401 Final Rule Effective 08/06/07 Regulatory Flexibility Analysis Required: Yes Agency Contact: Renu Suri Phone: 301 415-0161 [[Page 70206]] Email: [email protected] RIN: 3150-AI00 [FR Doc. 07-04522 Filed 12-07-07; 8:45 am] BILLING CODE 7590-01-S