[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 LIX
Nuclear Regulatory Commission
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Semiannual Regulatory Agenda
[[Page 38628]]
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 December 22,
2003 (68 FR 74000).
ADDRESSES: You may submit comments on any rule in the agenda by any one
of the following methods. Please include the RIN (Regulation Identifier
Number) in the subject line of your comments. Comments on rulemakings
submitted in writing or in electronic form will be made available for
public inspection. Because your comments will not be edited to remove
any identifying or contact information, the NRC cautions you against
including personal information such as social security numbers and
birth dates in your submission.
Mail comments to: Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and
Adjudications Staff.
E-mail comments to: [email protected] you do not receive a reply
e-mail confirming that we have received your comments, contact us
directly at (301) 415-1966. You may also submit comments via the
NRC's rulemaking web site at http://ruleforum.llnl.gov. Address
questions about our rulemaking Web site to Carol Gallagher (301)
415-5905; e-mail [email protected]. Comments can also be submitted via
the Federal eRulemaking Portal http://www.regulations.gov.
Hand deliver comments to: 11555 Rockville Pike, Rockville,
Maryland 20852, between 7:30 am and 4:15 pm Federal workdays.
(Telephone (301) 415-1966).
Fax comments to: Secretary, U.S. Nuclear Regulatory Commission
at (301) 415-1101.
Publicly available documents related to the rulemaking may be
viewed electronically on the public computers located at the NRC's
Public Document Room (PDR), O1?F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland. The PDR reproduction
contractor will copy documents for a fee. Selected documents,
including comments, may be viewed and downloaded electronically via
the NRC rulemaking web site at http://ruleforum.llnl.gov.
Publicly available documents created or received at the NRC
after November 1, 1999, are available electronically at the NRC's
Electronic Reading Room at http://www.nrc.gov/reading-rm/
adams.html. From this site, the public can gain entry into the
NRC's Agencywide Document Access and Management System (ADAMS),
which provides text and image files of NRC's public documents. If
you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737
or by e-mail to [email protected].
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 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 December 22,
2003 (68 FR 74000). Within each group, the rules are ordered according
to the Regulation Identifier Number (RIN).
The information in this agenda has been updated through May 10,
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. Four rules
affect small entities, one of which may potentially have a
``significant economic impact on a substantial number of small
entities'' as defined in the Regulatory Flexibility Act.
Dated at Rockville, Maryland, this 7th day of May 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
----------------------------------------------------------------------------------------------------------------
4194 Nuclear Power Plant Worker Fatigue.................................................... 3150-AG99
4195 Control of Solid Material............................................................. 3150-AH18
4196 Large Break Loss-of-Coolant Accident (LB-LOCA) Redefintion............................ 3150-AH29
4197 Incorporation by Reference of ASME BPV Code Cases..................................... 3150-AH35
[[Page 38629]]
4198 Elimination of Requirement To Submit Annual Financial Report.......................... 3150-AH39
4199 Collection, Reporting, or Posting of Information...................................... 3150-AH40
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Nuclear Regulatory Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
4200 Fitness for Duty Programs............................................................. 3150-AF12
4201 Early Site Permits; Standard Design Certifications; and Combined Licenses for Nuclear 3150-AG24
Power Plants..........................................................................
4202 Risk-Informed Categorization and Treatment of Stuctures, Systems and Components for 3150-AG42
Nuclear Power Reactors................................................................
4203 Performance-Based, Risk-Informed Fire Protection...................................... 3150-AG48
4204 Changes to Emergency Action Levels - Appendix E....................................... 3150-AH00
4205 Security Requirements for Portable Gauges Containing Byproduct Material............... 3150-AH06
4206 Public Records........................................................................ 3150-AH12
4207 Options for Addressing Training and Experience Issues Associated With Recognition of 3150-AH19
Specialty Boards by NRC...............................................................
4208 Industry Codes and Standards; Amended Requirements.................................... 3150-AH24
4209 Licensing Proceedings for the Receipt of High-Level Radioactive Waste at a Geologic 3150-AH31
Repository: Licensing Support Network, Submissions to the Electronic Docket...........
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Nuclear Regulatory Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
Regulation
Sequence Title Identifier
Number Number
----------------------------------------------------------------------------------------------------------------
4210 Update Fuel Performance Considerations and Other Fuel Cycle Issues.................... 3150-AA31
4211 Disposal by Release Into Sanitary Sewerage............................................ 3150-AE90
4212 Advance Notification to Native American Tribes of Transportation of Certain Types of 3150-AG41
Nuclear Waste.........................................................................
4213 Integrated Rulemaking for Decommissioning Nuclear Power Reactors...................... 3150-AG47
4214 Reevaluation of Power Reactor Physical Protection Regulations and Position on a 3150-AG63
Definition of Radiological Sabotage...................................................
4215 Transfers of Certain Source Materials by Specific Licensees........................... 3150-AG64
4216 Entombment Options for Power Reactors................................................. 3150-AG89
4217 Modifications to Pressure-Temperature Limits.......................................... 3150-AG98
4218 Distribution of Source Material to Exempt Persons and General Licensees and Revision 3150-AH15
of 10 CFR 40.22 General License.......................................................
4219 Acceptable Criteria for Emergency Core Cooling Systems for Light-Water Nuclear Power 3150-AH22
Reactors..............................................................................
4220 Implement US-IAEA Safeguards Agreement................................................ 3150-AH38
4221 Exemptions from Licensing and Distribution of Byproduct Material; Licensing and 3150-AH41
Reporting Requirement.................................................................
4222 Performance-Based ECCS Acceptance Criteria............................................ 3150-AH42
4223 Decoupling of Assumed Loss of Offsite Power from Loss-of-Coolant Accidents (LOCA)..... 3150-AH43
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Nuclear Regulatory Commission--Completed Actions
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Regulation
Sequence Title Identifier
Number Number
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4224 Changes to Adjudicatory Process....................................................... 3150-AG49
4225 Compatibility With IAEA Transportation Safety Standards............................... 3150-AG71
4226 Financial Information Requirements for Applications To Renew or Extend the Term of an 3150-AG84
Operating License for a Power Reactor.................................................
4227 Electronic Submission of Fingerprint Records.......................................... 3150-AH16
4228 List of Approved Spent Fuel Storage Casks: NAC-UMS Revision (Amendment 3)............. 3150-AH25
4229 List of Approved Spent Fuel Storage Casks: Standardized NUHOMS System Revision 3150-AH26
(Amendment 5).........................................................................
4230 List of Approved Spent Fuel Storage Casks: Standardized NUHOMS -24P, -52B, -61BT, - 3150-AH27
32PT, and -24PHB Revision (Amendment 6)...............................................
[[Page 38630]]
4231 List of Approved Spent Fuel Storage Casks: Standarized NUHOMS System Revision 3150-AH28
(Amendment 7).........................................................................
4232 Minor Changes to Decommissioning Trust Fund Provisions................................ 3150-AH32
4233 Minor Correction Amendments........................................................... 3150-AH34
4234 List of Approved Sent Fuel Storage Casks: Standardized NUHOMS -24P, -52B, and -61BT 3150-AH36
Revision (Amendment 5)................................................................
4235 Revision of Fee Schedules; Fee Recovery, FY 2004...................................... 3150-AH37
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_______________________________________________________________________
Nuclear Regulatory Commission (NRC) Proposed Rule Stage
_______________________________________________________________________
4194. NUCLEAR POWER PLANT WORKER FATIGUE
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
establish thresholds for the control of working hours to ensure that
working hours in excess of the thresholds are controlled through a
risk-informed deviation process. This rule would provide significantly
greater assurance that worker fatigue does not adversely affect the
operational safety of nuclear power plants. This rulemaking also would
address a petition for rulemaking submitted by Barry Quigley (PRM-26-
02).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 07/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: David Desaulniers, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1043
Email: [email protected]
RIN: 3150-AG99
_______________________________________________________________________
4195. 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 activity using
environmental measurements methods. In addition, there are no current
release levels establishedgenerally 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 09/00/04
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
_______________________________________________________________________
4196. LARGE BREAK LOSS-OF-COOLANT ACCIDENT (LB-LOCA) REDEFINTION
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
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 06/00/05
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Eileen McKenna, Nuclear Regulatory Commission, Office
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-2189
Email: [email protected]
RIN: 3150-AH29
_______________________________________________________________________
4197. INCORPORATION BY REFERENCE OF ASME BPV CODE
CASES
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
[[Page 38631]]
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations in
Sec. 50.55a 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
________________________________________________________________________
Proposed Rule 07/00/04
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
_______________________________________________________________________
4198. 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
________________________________________________________________________
Proposed Rule 06/00/04
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-AH39
_______________________________________________________________________
4199. 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
________________________________________________________________________
Proposed Rule 06/00/04
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
_______________________________________________________________________
Nuclear Regulatory Commission (NRC) Final Rule Stage
_______________________________________________________________________
4200. 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. This rulemaking would address the
petition for rulemaking submitted by the Virginia Electric and Power
Company (VEPCO) (PRM-26-1). Because of the issues raised in response to
the earlier affirmed rule, a new proposed rule will be published.
[[Page 38632]]
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 05/09/96 61 FR 21105
NPRM Comment Period End 08/07/96
Final Rule 06/00/05
Second NPRM 11/00/06
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Garmon West Jr., Nuclear Regulatory Commission, Office
of Nuclear Security and Incident Response, Washington, DC 20555
Phone: 301 415-0211
Email: [email protected]
Mark C. Nolan, Nuclear Regulatory Commission, Office of Nuclear
Security and Incident Response, Washington, DC 20555
Phone: 301 415-8171
Email: [email protected]
Related RIN: Related to 3150-AG62
RIN: 3150-AF12
_______________________________________________________________________
4201. 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 08/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Additional Information: 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
_______________________________________________________________________
4202. RISK-INFORMED CATEGORIZATION AND TREATMENT OF STUCTURES, 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.
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 07/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Tim Reed, Nuclear Regulatory Commission, Office of
[[Page 38633]]
Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1462
Email: [email protected]
RIN: 3150-AG42
_______________________________________________________________________
4203. PERFORMANCE-BASED, RISK-INFORMED FIRE PROTECTION
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed rule would address the Commission's direction
provided in the staff requirements memorandum dated April 1, 1999, to
establish a performance-based, risk-informed alternative to the NRC's
existing reactor fire protection requirements through the adoption of
an industry consensus standard: NFPA 805, ``Performance-Based Standard
for Fire Protection for Light-Water Reactor Electric Generating
Plants.'' Draft rule language was posted for public comment on the NRC
Rulemaking Forum website on December 20, 2001; April 2, 2002, and May
30, 2002. The proposed rule package was provided to the Commission on
July 15, 2002 (SECY-02-132). Public comments have been incorporated and
a final rule package was prepared. The draft final rule was presented
to the ACRS on December 4, 2003, and the ACRS gave its general approval
of the rule in a letter to the Chairman on December 12, 2003.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 11/01/02 67 FR 66578
NPRM Comment Period End 01/15/03
Final Action 07/00/04
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-AG48
_______________________________________________________________________
4204. CHANGES TO EMERGENCY ACTION LEVELS - 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 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 08/00/04
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
_______________________________________________________________________
4205. 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
_______________________________________________________________________
4206. 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
________________________________________________________________________
Proposed Rule 04/27/04 69 FR 22737
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
[[Page 38634]]
Phone: 301 415-7169
Email: [email protected]
RIN: 3150-AH12
_______________________________________________________________________
4207. 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
________________________________________________________________________
Proposed Rule 12/09/03 68 FR 68549
Comment Period End 02/23/04
Final Rule 09/00/04
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
_______________________________________________________________________
4208. INDUSTRY CODES AND STANDARDS; AMENDED REQUIREMENTS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
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 2001 Edition and 2002 Addenda of Division
1 rules in section III, ``Rules for Construction of Nuclear Power Plant
Components,'' of the American Society of Mechanical Engineers Boiler
and Pressure Vessel Code (ASME BPV Code); the 2001 Edition and 2002
Addenda of Division 1 rules in section XI, ``Rules for Inservice
Inspection of Nuclear Power Plant Components,'' of the ASME BPV Code;
and the 2001 edition and 2002 addenda of the ASME Code for Operation
and Maintenance of Nuclear Power Plants (OM Code).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Proposed Rule 01/07/04 69 FR 879
Comment Period End 03/22/04
Final Rule 09/00/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Stephen A. Tingen, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1280
Email: [email protected]
RIN: 3150-AH24
_______________________________________________________________________
4209. 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. Major status under 5 USC 801 is
undetermined.
Legal Authority: 42 USC 2133; 42 USC 2134; 42 USC 2201; 42 USC 2232; 42
USC 2233; 42 USC 2239; 42 USC 5841; 42 USC 5842; 42 USC 5846
CFR Citation: 10 CFR 2
Legal Deadline: None
Abstract: The proposed rule would amend the Commission's regulations
that govern Rules of Practice applicable to the use of the Licensing
Support Network (LSN) for the licensing proceeding on the disposal of
high-level radioactive waste at a geologic repository (HLW licensing
proceeding). The proposed amendments would establish the basic
requirements and standards for the submission of adjudicatory materials
to the electronic docket by parties to the HLW licensing proceeding.
The proposed amendments would also address the issue of reducing the
unnecessary loading of duplicate documents on individual LSN
participant websites.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Proposed Rule 11/26/03 68 FR 66372
Comment Period End 01/12/04
Final Rule 07/00/04
Regulatory Flexibility Analysis Required: No
Government Levels Affected: None
Agency Contact: Francis X. Cameron, Nuclear Regulatory Commission,
Office of the General Counsel, Washington, DC 20555-0001
Phone: 301 415-1642
Email: [email protected]
RIN: 3150-AH31
[[Page 38635]]
_______________________________________________________________________
Nuclear Regulatory Commission (NRC) Long-Term Actions
_______________________________________________________________________
4210. 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 deferredaction until a general updating
of Table S-3 is 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 thecontribution 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
_______________________________________________________________________
4211. 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: David Tiktinsky, Nuclear Regulatory Commission, Office
of Nuclear Reactor Regulation, Washington , DC 20555-0001
Phone: 301 415-6195
Email: [email protected]
RIN: 3150-AE90
_______________________________________________________________________
4212. 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 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
[[Page 38636]]
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
_______________________________________________________________________
4213. 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 subsumedprevious 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: George J. Mencinsky, Nuclear Regulatory Commission,
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3093
Email: [email protected]
RIN: 3150-AG47
_______________________________________________________________________
4214. 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
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
_______________________________________________________________________
4215. 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
[[Page 38637]]
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
_______________________________________________________________________
4216. 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
_______________________________________________________________________
4217. 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
_______________________________________________________________________
4218. 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 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.
[[Page 38638]]
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
_______________________________________________________________________
4219. ACCEPTABLE CRITERIA FOR EMERGENCY CORE COOLING SYSTEMS FOR LIGHT-
WATER NUCLEAR POWER REACTORS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
Legal Authority: 41 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 50
Legal Deadline: None
Abstract: The proposed amendment would eliminate the agency's practice
of approving the use of M5, a zirconium-niobium alloy, by exemptions.
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: Merilee Banic, Nuclear Regulatory Commission, Office of
Nuclear Reactor Regulation, Washington, DC 20555
Phone: 301 415-2771
Email: [email protected]
RIN: 3150-AH22
_______________________________________________________________________
4220. 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: David Tiktinsky, Nuclear Regulatory Commission, Office
of Nuclear Reactor Regulation, Washington , DC 20555-0001
Phone: 301 415-6195
Email: [email protected]
RIN: 3150-AH38
_______________________________________________________________________
4221. 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
________________________________________________________________________
Proposed Rule 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
_______________________________________________________________________
4222. 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 the Commission's regulations to
Sec. 50.46 to develop performance-based acceptance criteria for fuel
cladding performance during loss-of-coolant accidents. Existing
provisions of Sec. 50.46 applicable to certain zirconium-based
cladding materials would be supplemented by 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. The proposed rulemaking would also grant
PRM-50-71, a petition for rulemaking submitted by the Nuclear Energy
Institute.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Proposed Rule 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
[[Page 38639]]
Phone: 301 415-2832
Email: [email protected]
RIN: 3150-AH42
_______________________________________________________________________
4223. 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 rule would amend the Commission's regulations to
Part 50, Appendix A, to eliminate--based upon appropriate risk
considerations--the assumption of a coincident loss of offsite power
(LOOP) 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 grant, in
part, PRM-50-77, a petition for rulemaking submitted by Bob Christie
(Performance Technology).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Proposed Rule 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
_______________________________________________________________________
Nuclear Regulatory Commission (NRC) Completed Actions
_______________________________________________________________________
4224. CHANGES TO ADJUDICATORY PROCESS
Priority: Substantive, Nonsignificant
CFR Citation: 10 CFR 1; 10 CFR 2; 10 CFR 50; 10 CFR 51; 10 CFR 52; 10
CFR 54; 10 CFR 60; 10 CFR 70; 10 CFR 73; 10 CFR 75; 10 CFR 76; 10 CFR
110
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Final Rule 01/14/04 69 FR 2182
Final Rule Effective 02/13/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Geary S. Mizuno
Phone: 301 415-1639
Email: [email protected]
RIN: 3150-AG49
_______________________________________________________________________
4225. COMPATIBILITY WITH IAEA TRANSPORTATION SAFETY STANDARDS
Priority: Substantive, Nonsignificant
CFR Citation: 10 CFR 71
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Final Rule 01/26/04 69 FR 3698
Final Rule Effective 10/01/04
Portions of Sections 71.19 and
71.20 10/01/08
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Naiem S. Tanious
Phone: 301 415-6103
Email: [email protected]
RIN: 3150-AG71
_______________________________________________________________________
4226. FINANCIAL INFORMATION REQUIREMENTS FOR APPLICATIONS TO RENEW OR
EXTEND THE TERM OF AN OPERATING LICENSE FOR A POWER REACTOR
Priority: Substantive, Nonsignificant
CFR Citation: 10 CFR 50
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Final Rule 01/30/04 69 FR 4439
Final Rule Effective 03/01/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: George J. Mencinsky
Phone: 301 415-3093
Email: [email protected]
RIN: 3150-AG84
_______________________________________________________________________
4227. ELECTRONIC SUBMISSION OF FINGERPRINT RECORDS
Priority: Substantive, Nonsignificant
CFR Citation: 10 CFR 73
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Subsumed into RIN 3150-AH33 10/10/03 68 FR 58791
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Cheryl Stone
Phone: 301 415-7404
Email: [email protected]
RIN: 3150-AH16
_______________________________________________________________________
4228. LIST OF APPROVED SPENT FUEL STORAGE CASKS: NAC-UMS REVISION
(AMENDMENT 3)
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
CFR Citation: 10 CFR 72
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Direct Final Rule 01/16/04 69 FR 2497
Direct Final Rule Effective 03/31/04
Proposed Rule 01/16/04 69 FR 2528
Confirmation of Effective Date 03/31/04 69 FR 16769
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jayne M. McCausland
Phone: 301 415-6219
Email: [email protected]
RIN: 3150-AH25
[[Page 38640]]
_______________________________________________________________________
4229. LIST OF APPROVED SPENT FUEL STORAGE CASKS: STANDARDIZED NUHOMS
SYSTEM REVISION (AMENDMENT 5)
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
CFR Citation: 10 CFR 72
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Direct Final Rule Effective 11/03/03
Withdrawal of Direct Final Rule 10/30/03 68 FR 61734
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jayne M. McCausland
Phone: 301 415-6219
Email: [email protected]
RIN: 3150-AH26
_______________________________________________________________________
4230. LIST OF APPROVED SPENT FUEL STORAGE CASKS: STANDARDIZED NUHOMS -
24P, -52B, -61BT, -32PT, AND -24PHB REVISION (AMENDMENT 6)
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
CFR Citation: 10 CFR 72
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Proposed Rule 10/07/03 68 FR 57839
Direct Final Rule 10/07/03 68 FR 57785
Confirmation of Effective Date 12/17/03 68 FR 71021
Direct Final Rule Effective 12/22/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Margaret Stambaugh
Phone: 301 415-5449
Email: [email protected]
Margaret Stambaugh
Phone: 301 415-5449
Email: [email protected]
RIN: 3150-AH27
_______________________________________________________________________
4231. LIST OF APPROVED SPENT FUEL STORAGE CASKS: STANDARIZED NUHOMS
SYSTEM REVISION (AMENDMENT 7)
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
CFR Citation: 10 CFR 72
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Proposed Rule 12/18/03 68 FR 70463
Direct Final Rule 12/18/03 68 FR 70423
Confirmation of Effective Date
Published 02/27/04 69 FR 9199
Final Rule Effective 03/02/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Jayne M. McCausland
Phone: 301 415-6219
Email: [email protected]
RIN: 3150-AH28
_______________________________________________________________________
4232. MINOR CHANGES TO DECOMMISSIONING TRUST FUND PROVISIONS
Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is
undetermined.
CFR Citation: 10 CFR 50
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Proposed Rule 11/20/03 68 FR 65415
Comment Period End 12/22/03
Direct Final Rule 11/20/03 68 FR 65386
Direct Final Rule Effective 12/24/03
Confirmation of Effective Date 02/04/04 69 FR 5267
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Brian J. Richter
Phone: 301 415-1978
Email: [email protected]
Brian J. Richter
Phone: 301 415-1978
Email: [email protected]
RIN: 3150-AH32
_______________________________________________________________________
4233. MINOR CORRECTION AMENDMENTS
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 1; 10 CFR 4; 10 CFR 19; 10 CFR 35; 10 CFR 39; 10
CFR 40; 10 CFR 50
Legal Deadline: None
Abstract: The final rule amends the Commission's regulations to correct
several miscellaneous errors in the Code of Federal Regulations (CFR).
This document is necessary to inform the public of these corrective
changes to NRC regulations.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 12/31/03 68 FR 75388
Final Rule Effective 12/31/03
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
Agency Contact: Alzonia W. Shepard, Nuclear Regulatory Commission,
Office of Administration, Washington, DC 20055-0001
Phone: 301 415-6864
Email: [email protected]
RIN: 3150-AH34
_______________________________________________________________________
4234. LIST OF APPROVED SENT FUEL STORAGE CASKS:
STANDARDIZED NUHOMS -24P, -52B, AND -61BT REVISION (AMENDMENT 5)
Priority: Substantive, Nonsignificant
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 72
Legal Deadline: None
Abstract: The final rule amends the Commission's regulations that apply
to storage of spent fuel by revising the Transnuclear, Inc.,
Standardized NUHOMS cask system listing within the ``List of Approved
Spent Fuel Storage Casks'' to include Amendment No. 5 to Certificate of
Compliance Number 1004. This amendment will add another dry shielded
canister (DSC), designated NUHOMS -32PT DSC, to the authorized contents
of the Standardized NUHOMS -24P, -52B, and -61BT cask system. This
canister is designed to accommodate 32
[[Page 38641]]
pressurized water reactor assemblies with or without Burnable Poison
Rod assemblies. It is designed for use with existing NUHOMS horizontal
Storage Module and NUHOMS Transfer Cask under a general license. A
significant adverse comment was received on the direct final rule,
therefore the direct final rule was withdrawn on October 30, 2003; 68
FR 61734 (see RIN AH26).
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Final Rule 01/07/04 69 FR 849
Final Rule Effective 01/07/04
Regulatory Flexibility Analysis Required: No
Small Entities Affected: No
Government Levels Affected: None
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-AH36
_______________________________________________________________________
4235. REVISION OF FEE SCHEDULES; FEE RECOVERY, FY
2004
Priority: Economically Significant. Major under 5 USC 801.
Legal Authority: 42 USC 2201; 42 USC 5841
CFR Citation: 10 CFR 170; 10 CFR 171
Legal Deadline: None
Abstract: The final rule amends the 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 92 percent of the NRC's budget authority for Fiscal Year
2004, less the amounts appropriated from the Nuclear Waste Fund as
required by the Omnibus Budget Reconciliation Act (OBRA) of 1990, as
amended.
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 is 90 percent for FY
2005. The purpose of this amendment is to address the fairness and
equity concerns related to charging NRC license holders for agency
expenses that do not provide a direct benefit to the licensee. The
dollar amount to be recovered for FY 2004 is approximately $545.6
million. OBRA-90, as amended, requires that the fees for FY 2004 be
collected by September 30, 2004.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
Proposed Rule 02/02/04 69 FR 4865
Comment Period End 03/03/04
Final Rule 04/26/04 69 FR 22663
Final Rule Effective 06/25/04
Regulatory Flexibility Analysis Required: Yes
Small Entities Affected: Businesses, Governmental Jurisdictions,
Organizations
Government Levels Affected: Local, State
Agency Contact: Tammy D. Croote, Nuclear Regulatory Commission, Office
of the Chief Financial Officer, Washington, DC 20555-0001
Phone: 301 415-6041
Email: [email protected]
RIN: 3150-AH37
[FR Doc. 04-11479 Filed 06-25-04; 8:45 am]
BILLING CODE 7590-01-S