[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 XX





Nuclear Regulatory Commission





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Semiannual Regulatory Agenda

[[Page 64572]]



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 May 11, 2009 
(74 FR 22070).

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 and Directives Branch, 
Division of Administrative Services, Office of Administration, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 
301-492-3663 (e-mail: Michael.L[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 May 11, 2009 (74 
FR 22070). Within each group, the rules are ordered according to the 
Regulation Identifier Number (RIN).

    The information in this agenda has been updated through 
September 11, 2009. 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. One rule 
affects small entities.

Dated at Rockville, Maryland, this 11th day of September 2009.

For the Nuclear Regulatory Commission.

 Michael T. Lesar,

Chief, Rulemaking and Directives Branch,
Division of Administrative Services,
Office of Administration.

                               Nuclear Regulatory Commission--Proposed Rule Stage
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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574         Distribution of Source Material To Exempt Persons and General Licensees and Revision      3150-AH15
            of 10 CFR 40.22 General License [NRC-2009-0084].......................................
575         Revision of Fee Schedules; Fee Recovery for FY 2010 [NRC-2009-0333]...................    3150-AI70
----------------------------------------------------------------------------------------------------------------


                                Nuclear Regulatory Commission--Long-Term Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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576         Controlling the Disposition of Solid Materials [NRC-1999-0002]........................    3150-AH18
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                                Nuclear Regulatory Commission--Completed Actions
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                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
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577         Revision of Fee Schedules; Fee Recovery for FY 2009 [NRC-2008-0620]...................    3150-AI52
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[[Page 64573]]

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Nuclear Regulatory Commission (NRC)                 Proposed Rule Stage






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574. DISTRIBUTION OF SOURCE MATERIAL TO EXEMPT PERSONS AND GENERAL 
LICENSEES AND REVISION OF 10 CFR 40.22 GENERAL LICENSE [NRC-2009-0084]

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                            04/00/10

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
_______________________________________________________________________




575.  REVISION OF FEE SCHEDULES; FEE RECOVERY FOR FY 
2010 [NRC-2009-0333]

Legal Authority: 42 USC 2201; 42 USC 5841

Abstract: The proposed rule amend the Commission's licensing, 
inspection, and annual fees charged to its applicants and licensees. 
The rulemaking is necessary to recover, through the assessment of fees, 
approximately 90 percent of the NRC's budget authority for fiscal year 
(FY) 2010, less the amounts appropriated from the Nuclear Waste Fund, 
amounts appropriated for Waste Incidental to Reprocessing, and amounts 
appropriated for generic homeland security activities, as required by 
the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended.
Based on the NRC FY 2010 budget submitted to the Congress, the NRC's 
required fee recovery amount for the FY 2010 budget is approximately 
$887.2 million. After accounting for billing adjustments (i.e., 
expected unpaid invoices, payments for prior year invoices), the total 
amount to be billed as fees is $881.4 million. The OBRA-90, as amended, 
requires that the fees for FY 2010 be collected by September 30, 2010.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Renu Suri, Nuclear Regulatory Commission, Office of the 
Chief Financial Officer, Washington, DC 20555-0001
Phone: 301 415-0161
Email: [email protected]

RIN: 3150-AI70
_______________________________________________________________________


Nuclear Regulatory Commission (NRC)                   Long-Term Actions






_______________________________________________________________________




576. CONTROLLING THE DISPOSITION OF SOLID MATERIALS [NRC-1999-0002]

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, which the Commission disapproved. The Commission's 
decision was based on the fact that the Agency is currently faced with 
several high priority and complex tasks, that the current approach to 
review specific cases on an individual basis is fully protective of 
public health and safety, and that the immediate need for this rule has 
changed due to the shift in timing for reactor decommissioning. The 
Commission has deferred action on this rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kimyata Morgan Butler, Nuclear Regulatory Commission, 
Office of Federal and State Materials and Environmental Management 
Programs, Washington, DC 20555-0001
Phone: 301 415-0733
Email: [email protected]

RIN: 3150-AH18

[[Page 64574]]

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Nuclear Regulatory Commission (NRC)                   Completed Actions






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577. REVISION OF FEE SCHEDULES; FEE RECOVERY FOR FY 2009 [NRC-2008-0620]

Legal Authority: 42 USC 2201; 42 USC 5841

Abstract: The final rule amends the Commission's licensing, inspection, 
and annual fees charged to its applicants and licensees. The amendments 
implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as 
amended, which requires that the NRC recover approximately 90 percent 
of its budget authority in Fiscal Year (FY) 2009, less the amounts 
appropriated from the Nuclear Waste Fund, and for Waste Incidental to 
Reprocessing, generic homeland security activities, and scholarships 
and fellowships. Based on the bill reported by the House Appropriations 
Committee on June 25, 2008, the NRC's required fee recovery amount for 
the FY 2009 budget is approximately $ 870.6 million. After accounting 
for carryover and billing adjustments, the total amount to be recovered 
through fees is approximately $ 864.8 million.

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Rule                      06/10/09                    74 FR 27642
Final Rule Effective            08/10/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Renu Suri
Phone: 301 415-0161
Email: [email protected]

RIN: 3150-AI52
[FR Doc. E9-28595 Filed 12-04-09; 8:45 am]
BILLING CODE 7590-01-S