Monday, December 11, 2006

Part LVIII

Nuclear Regulatory Commission Semiannual Regulatory Agenda

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NUCLEAR REGULATORY COMMISSION (NRC)

NUCLEAR REGULATORY a.m. and 4:15 p.m., Federal workdays. SUPPLEMENTARY INFORMATION: The COMMISSION Comments received on rules for which information contained in this the comment period has closed will be semiannual publication is updated to 10 CFR Ch. I considered if it is practical to do so, but reflect any action that has occurred on assurance of consideration cannot be rules since publication of the last NRC Unified Agenda of Federal Regulatory given except as to comments received semiannual agenda on April 24, 2006 and Deregulatory Actions on or before the closure dates specified (71 FR 23698). Within each group, the AGENCY: Nuclear Regulatory in the agenda. rules are ordered according to the Commission. Regulation Identifier Number (RIN). The agenda and any comments ACTION: Semiannual regulatory agenda. The information in this agenda has received on any rule listed in the agenda been updated through September 1, are available for public inspection and 2006. The date for the next scheduled SUMMARY: The Nuclear Regulatory copying for a fee at the Nuclear action under the heading ‘‘Timetable’’ is Commission (NRC) is publishing its Regulatory Commission’s Public the date the rule is scheduled to be semiannual regulatory agenda in Document Room, One White Flint published in the Federal Register. The accordance with Public Law 96-354 North, 11555 Rockville Pike, Room O- date is considered tentative and is not ‘‘The Regulatory Flexibility Act’’ and 1F21, Rockville, Maryland. binding on the Commission or its staff. Executive Order 12866 ‘‘Regulatory The agenda is intended to provide the Planning and Review.’’ The agenda is a FOR FURTHER INFORMATION CONTACT: For public early notice and opportunity to compilation of all rules on which the further information concerning NRC participate in the NRC rulemaking NRC has recently completed action or rulemaking procedures or the status of process. However, the NRC may has proposed or is considering action. any rule listed in this agenda, contact consider or act on any rulemaking even This issuance updates any action Michael T. Lesar, Chief, Rules and though it is not included in the agenda. occurring on rules since publication of Directives Branch, Division of the last semiannual agenda on April 24, Administrative Services, Office of The NRC agenda lists all open 2006 (71 FR 23698). Administration, U.S. Nuclear Regulatory rulemaking actions. Three rules affect small entities. ADDRESSES: Comments on any rule in Commission, Washington, DC 20555- the agenda may be sent to the Secretary 0001, telephone 301-415-7163 (e-mail: Dated at Rockville, Maryland, this 1st of the Commission, U.S. Nuclear [email protected]). Persons outside the day of September 2006. Regulatory Commission, Washington, Washington, DC, metropolitan area may For the Nuclear Regulatory Commission. DC 20555-0001, Attention: Rulemakings call, toll-free: 1-800-368-5642. For and Adjudications Staff. Comments may further information on the substantive Michael T. Lesar, also be hand delivered to the One White content of any rule listed in the agenda, Chief, Rules and Directives Branch, Flint North Building, 11555 Rockville contact the individual listed under the Division of Administrative Services, Pike, Rockville, Maryland, between 7:30 heading ‘‘Agency Contact’’ for that rule. Office of Administration, Nuclear Regulatory Commission—Prerule Stage

Regulation Sequence Title Identifier Number Number

4079 Approach to Risk-Inform, Performance-Base Requirement for Nuclear Power Plants ...... 3150–AH81

Nuclear Regulatory Commission—Proposed Rule Stage

Regulation Sequence Title Identifier Number Number

4080 Power Reactor Security Requirements ...... 3150–AG63 4081 Collection, Reporting, or Posting of Information ...... 3150–AH40 4082 Reduce the Likelihood of Funding Shortfalls for Decommissioning Under the License Termination Rule ...... 3150–AH45 4083 Protection of Safeguards Information ...... 3150–AH57 4084 Incorporation by Reference of NRC Regulatory Guides Listing Approved ASME Code Cases ...... 3150–AH80 4085 Regulatory Improvements to Nuclear Materials Management and Safeguards System Database ...... 3150–AH85 4086 Security Assessment Requirements for New Light-Water Reactors ...... 3150–AH92

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NRC

Nuclear Regulatory Commission—Final Rule Stage

Regulation Sequence Title Identifier Number Number

4087 Fitness-for-Duty Programs...... 3150–AF12 4088 Licenses, Certifications, and Approvals for Nuclear Power Plants ...... 3150–AG24 4089 Large Break Loss-of-Coolant Accident (LB-LOCA) Redefinition ...... 3150–AH29 4090 Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material; Licensing and Reporting Requirements ...... 3150–AH41 4091 Clarification of NRC Civil Penalty Authority Over Contractors and Subcontractors Who Discriminate Against Em- ployees for Engaging in Protected Activities ...... 3150–AH59 4092 Design Basis Treat (DBT) ...... 3150–AH60 4093 Use of Electronic Submissions in Agency Hearings ...... 3150–AH74 4094 Requirements for Expanded Definition of Byproduct Material ...... 3150–AH84 4095 Secure Transport of Nuclear Materials ...... 3150–AH90 4096 List of Approved Spent Fuel Storage Casks: NUHOMS HD Addition ...... 3150–AH93 4097 Reactivity Control of Spent Fuel Within Dry Storage and/or Transport Casks or Containers ...... 3150–AH95 4098 Facility Change Process Involving Items Relied On For Safety ...... 3150–AH96

Nuclear Regulatory Commission—Long-Term Actions

Regulation Sequence Title Identifier Number Number

4099 Update Fuel Performance Considerations and Other Fuel Cycle Issues ...... 3150–AA31 4100 Advance Notification to Native American Tribes of Transportation of Certain Types of Nuclear Waste ...... 3150–AG41 4101 Integrated Rulemaking for Decommissioning Nuclear Power Reactors ...... 3150–AG47 4102 Transfers of Certain Source Materials by Specific Licensees ...... 3150–AG64 4103 Entombment Options for Power Reactors ...... 3150–AG89 4104 Modifications to Pressure-Temperature Limits ...... 3150–AG98 4105 Distribution of Source Material to Exempt Persons and General Licensees and Revision of 10 CFR 40.22 General License ...... 3150–AH15 4106 Controlling the Disposition of Solid Materials ...... 3150–AH18 4107 Implement US-IAEA Safeguards Agreement ...... 3150–AH38 4108 Performance-Based ECCS Acceptance Criteria ...... 3150–AH42 4109 Decoupling of Assumed Loss of Offsite Power From Loss-of-Coolant Accidents (LOCA) ...... 3150–AH43 4110 List of Non-Agreement States ...... 3150–AH49 4111 Conforming Administrative Changes ...... 3150–AH62 4112 Implementation of a Dose Standard Beyond 10,000 Years ...... 3150–AH68 4113 Industry Codes and Standards; Amended Requirements ...... 3150–AH76 4114 Requirements for Distribution of Byproduct Material and Exemptions From Licensing ...... 3150–AH91

Nuclear Regulatory Commission—Completed Actions

Regulation Sequence Title Identifier Number Number

4115 Elimination of Requirement To Submit Annual Financial Report ...... 3150–AH39 4116 National Source Tracking of Sealed Sources ...... 3150–AH48 4117 Charges for Duplicating Records ...... 3150–AH66 4118 Revision of Fee Schedules; Fee Recovery for FY 2006 ...... 3150–AH83 4119 List of Approved Spent Fuel Storage Casks: FuelSolutions Cask System, Revision, Amendment 4 ...... 3150–AH86 4120 List of Approved Spent Fuel Storage Casks: VSC-24 Revision, Amendment 6 ...... 3150–AH87 4121 Implementation of the Energy Policy Act of 2005 ...... 3150–AH88 4122 Revision of NRC Form 7, Application of NRC Export/Import License, Amendment, or Renewal ...... 3150–AH89 4123 Relief From Fingerprinting and Criminal History Records Check for Designated Categories of Individuals ...... 3150–AH94

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Nuclear Regulatory Commission (NRC) Prerule Stage

4079. APPROACH TO RISK–INFORM, approach to risk-inform the Small Entities Affected: No PERFORMANCE–BASE requirements for power reactors REQUIREMENT FOR NUCLEAR including developing an alternative set Government Levels Affected: None POWER PLANTS of new risk-informed requirements. Federalism: Undetermined Priority: Substantive, Nonsignificant Timetable: Agency Contact: Joseph L. Legal Authority: 42 USC 2201; 42 USC Action Date FR Cite Birmingham, Nuclear Regulatory 5841 ANPRM 05/04/06 71 FR 26267 Commission, Office of Nuclear Reactor CFR Citation: 10 CFR 50; 10 CFR 53 ANPRM Comment 12/29/06 Regulation, Washington, DC Legal Deadline: None Period End 20555–0001 NPRM To Be Determined Phone: 301 415–2829 Abstract: The advanced notice of Email: [email protected] proposed rulemaking would obtain Regulatory Flexibility Analysis public comment on a proposed Required: No RIN: 3150–AH81

Nuclear Regulatory Commission (NRC) Proposed Rule Stage

4080. POWER REACTOR SECURITY affect the protection against radiological governed by 10 CFR part 50 would not REQUIREMENTS sabotage. need to label containers in accordance Priority: Substantive, Nonsignificant Timetable: with section 20.1904 ‘‘Labeling containers’’ if the containers met Legal Authority: 42 USC 2201; 42 USC Action Date FR Cite conditions such as being clearly 5841 NPRM 10/26/06 71 FR 62664 identifiable as containing radioactive CFR Citation: 10 CFR 73 NPRM Comment 01/09/07 materials, being accessible only to Legal Deadline: None Period End trained individuals, and being located Final Action 06/00/07 Abstract: The proposed rule would in an area posted pursuant to section Regulatory Flexibility Analysis amend the Commission’s regulations by 20.1902 ‘‘Posting requirements;’’ and Required: adding new security requirements No (3) licensees would no longer need to pertaining to nuclear power reactors to Small Entities Affected: No attempt to obtain records of a worker’s cumulative radiation dose unless the include new security requirements for Government Levels Affected: None Category I strategic special nuclear worker was to be involved in a planned Agency Contact: Richard A. material (SSNM) facilities for access to special exposure. In addition, the staff Rasmussen, Nuclear Regulatory enhanced weapons and firearms is considering using this opportunity to Commission, Office of Nuclear Security background checks. The proposed propose a change to section 20.1003 and Incident Response, Washington, DC rulemaking would: (1) Make generically ‘‘Definitions‘‘ to clarify the definition 20555–0001 applicable security requirements of total effective dose equivalent. Phone: 301 415–0610 imposed by Commission orders issued Email: [email protected] after the terrorist attacks of September Timetable: 11, 2001, based upon experience and RIN: 3150–AG63 Action Date FR Cite insights gained by the Commission during implementation, (2) fulfill NPRM 09/22/06 71 FR 55382 4081. COLLECTION, REPORTING, OR NPRM Comment 12/06/06 certain provisions of the Energy Policy POSTING OF INFORMATION Act of 2005, (3) add several new Period End requirements that resulted from insights Priority: Substantive, Nonsignificant Final Action 03/00/07 from implementation of the security Legal Authority: 42 USC 2201; 42 USC Regulatory Flexibility Analysis orders, review of site security plans, 5841 Required: No and implementation of the enhanced CFR Citation: 10 CFR 19; 10 CFR 20; baseline inspection program and force- 10 CFR 50 Small Entities Affected: No on-force exercises, (4) update the regulatory framework in preparation for Legal Deadline: None Government Levels Affected: None receiving license applications for new Abstract: The proposed rule would reactors, and (5) impose requirements amend the Commission’s regulations to Agency Contact: Stewart Schneider, to assess and manage site activities that clarify or revise the regulations such Nuclear Regulatory Commission, Office can adversely affect safety and security. that (1) Licensees would not be of Nuclear Reactor Regulation, The proposed safety and security required, unless a specific request was Washington, DC 20555–0001 requirements would address, in part, a made by a worker, to provide an annual Phone: 301 415–4123 Petition for Rulemaking (PRM 50-80) report to a worker of their radiation Email: [email protected] that requested the establishment of dose if a worker received less than 1 regulations governing proposed changes mSv (100 mrem); (2) licensees for RIN: 3150–AH40 to facilities which could adversely production and utilization facilities

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NRC Proposed Rule Stage

4082. REDUCE THE LIKELIHOOD OF afforded the Commission for the revisions of Regulatory Guides listing FUNDING SHORTFALLS FOR protection of such information by the NRC-approved American Society of DECOMMISSIONING UNDER THE Atomic Energy Act of 1954, as Mechanical Engineers (ASME) Boiler LICENSE TERMINATION RULE amended (AEA). The proposed and Pressure Vessel (BPV) Code Cases Priority: Substantive, Nonsignificant amendments would affect certain pertaining to in-service inspection (DG- licensees, information, and materials 1134) and design, fabrication, and Legal Authority: 42 USC 2201; 42 USC not currently specified in the materials (DG-1133) in nuclear power 5841 regulations, but which are within the reactors. The proposed rule identifies CFR Citation: 10 CFR 20; 10 CFR 30; scope of the AEA. The proposed the 2004 Editions of the ASME BPV 10 CFR 40; 10 CFR 70; 10 CFR 72 amendments are intended to protect Code and the ASME Operations and SGI from inadvertent release and Maintenance (OM) Code as the editions Legal Deadline: None unauthorized disclosure which might that nuclear facilities will be required Abstract: The proposed rule would compromise the security of nuclear to use, subject to certain limitations amend the Commission’s regulations by facilities and materials. The and modifications. examining the addition and revision of Commission directed that this rule be Timetable: requirements for financial assurance, republished as a proposed rule to allow and licensee monitoring, reporting, and comments on proposed changes to rule Action Date FR Cite remediation, to reduce the potential for text in response to public and NPRM 10/27/06 71 62942 sites that could have funding shortfalls Commission comment, as well as to NPRM Comment 01/10/07 or contamination that would reflect amendments to the AEA in the Period End complicate future decommissioning Energy Policy Act of 2005 and orders Final Action 08/00/07 (i.e., create a future legacy site). issued to licensees authorized to Regulatory Flexibility Analysis Timetable: possess and transfer items containing certain quantities of radioactive Required: No Action Date FR Cite material. Small Entities Affected: No NPRM 04/00/07 Timetable: Government Levels Affected: None Regulatory Flexibility Analysis Action Date FR Cite Required: No Federalism: Undetermined NPRM 02/11/05 70 FR 7196 Small Entities Affected: No NPRM Comment 03/28/05 Agency Contact: Merrilee J. Banic, Government Levels Affected: None Period End Nuclear Regulatory Commission, Office NPRM Republished 10/31/06 71 FR 64004 of Nuclear Reactor Regulation, Federalism: Undetermined NPRM Comment 01/02/07 Washington, DC 20555 Agency Contact: Kevin R. O’Sullivan, Period End Phone: 301 415–2771 Nuclear Regulatory Commission, Office Final Action 08/00/07 Email: [email protected] of Nuclear Material Safety and Regulatory Flexibility Analysis RIN: 3150–AH80 Safeguards, Washington, DC Required: No 20555–0001 Small Entities Affected: No Phone: 301 415–8112 4085. REGULATORY IMPROVEMENTS Email: [email protected] Government Levels Affected: None TO NUCLEAR MATERIALS RIN: 3150–AH45 Federalism: Undetermined MANAGEMENT AND SAFEGUARDS Agency Contact: Marjorie Rothschild, SYSTEM DATABASE Nuclear Regulatory Commission, Office 4083. PROTECTION OF SAFEGUARDS Priority: Substantive, Nonsignificant of the General Counsel, Washington, INFORMATION DC 20555–0001 Legal Authority: 42 USC 2201; 42 USC Priority: Substantive, Nonsignificant Phone: 301 415–1633 5841 Legal Authority: 42 USC 2201; 42 USC Email: [email protected] CFR Citation: 10 CFR 40; 10 CFR 72; 5841 RIN: 3150–AH57 10 CFR 74; 10 CFR 150 CFR Citation: 10 CFR 2, 10 CFR 30; Legal Deadline: None 10 CFR 40; 10 CFR 50; 10 CFR 52; 10 4084. INCORPORATION BY CFR 63; 10 CFR 70; 10 CFR 72; 10 CFR REFERENCE OF NRC REGULATORY Abstract: The proposed rulemaking 73; 10 CFR 76; 10 CFR 150 GUIDES LISTING APPROVED ASME would amend the Commission’s CODE CASES regulations in 10 CFR parts 40, 72, 74, Legal Deadline: None and 150 related to current reporting Abstract: The proposed rule would Priority: Substantive, Nonsignificant requirements for certain NRC-licensed amend the Commission’s regulations Legal Authority: 42 USC 2201; 42 USC and Agreement State facilities related for the protection of Safeguards 5841 to the Nuclear Materials Management Information (SGI) to reflect recent CFR Citation: 10 CFR 50 and Safeguards System (NMMSS) Commission practices reflected in database. The proposed amendments Orders and Threat Advisories, and Legal Deadline: None would provide improvements to Confirmatory Action Letters issued Abstract: The proposed rule would NMMSS database in maintaining the since September 11, 2001. The amend the Commission’s regulations to accuracy of licensee inventory records amendments also provide the flexibility incorporate by reference recent in the NMMSS database.

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NRC Proposed Rule Stage

Timetable: 4086. ∑ SECURITY ASSESSMENT (May 7, 2003)), including the REQUIREMENTS FOR NEW requirements for protection against the Action Date FR Cite LIGHT–WATER REACTORS supplemented design basis threat and NPRM 12/00/06 Priority: Substantive, Nonsignificant the requirements for enhanced mitigative measures. Regulatory Flexibility Analysis Legal Authority: 42 USC 2201; 42 USC Required: No 5841 Timetable: CFR Citation: 10 CFR 52; 10 CFR 73 Action Date FR Cite Small Entities Affected: No Legal Deadline: None NPRM 09/00/07 Government Levels Affected: None Abstract: The proposed rule would Regulatory Flexibility Analysis amend the Commission’s Regulations Federalism: Undetermined Required: No by requiring applicants for new reactor Agency Contact: Neelam Bhalla, designs to submit a safety and security Small Entities Affected: No Nuclear Regulatory Commission, Office assessment addressing the relevant Government Levels Affected: None of Nuclear Material Safety and security requirements that were Federalism: Undetermined Safeguards, Washington, DC established for currently operating 20555–0001 plants by order (February 25, 2002, All Agency Contact: Stewart Schneider, Operating Reactor Licensees, Order Phone: 301 415–6843 Nuclear Regulatory Commission, Office Modifying License (Effective of Nuclear Reactor Regulation, Email: [email protected] Immediately), EA-02-26, 67 FR 9792 Washington, DC 20555–0001 (March 4, 2002); April 29, 2003, All RIN: 3150–AH85 Phone: 301 415–4123 Operating Reactor Licensees, Order Email: [email protected] Modifying License (Effective Immediately), EA-03-086, 68 FR 24,517 RIN: 3150–AH92

Nuclear Regulatory Commission (NRC) Final Rule Stage

4087. FITNESS–FOR–DUTY memorandum dated June 30, 2005, the Email: [email protected] PROGRAMS Commission approved publication of Related RIN: Related to 3150–AG62 Priority: Substantive, Nonsignificant the proposed rule for public comment. This proposed rule subsumes the RIN: 3150–AF12 Legal Authority: 42 USC 2201; 42 USC proposed rule ‘‘Nuclear Power Plant 5841 Worker Fatigue’’ (RIN 3150-AG99). This 4088. LICENSES, CERTIFICATIONS, CFR Citation: 10 CFR 26 rulemaking would address the petition AND APPROVALS FOR NUCLEAR for rulemaking submitted by the POWER PLANTS Legal Deadline: None Virginia Electric and Power Company Priority: Abstract: The proposed rule would (VEPCO) (PRM-26-1) and a petition for Substantive, Nonsignificant amend the Commission’s regulations to rulemaking submitted by Barry Quigley Legal Authority: 42 USC 2201; 42 USC ensure compatibility with the (PRM-26-2) related to worker fatigue. 5841 Department of Health and Human Timetable: CFR Citation: 10 CFR 1; 10 CFR 2; 10 Services’ guidelines, eliminate or CFR 10; 10 CFR 19; 10 CFR 20; 10 CFR modify unnecessary requirements in Action Date FR Cite 21; 10 CFR 25; 10 CFR 26; 10 CFR 50; some areas, clarify the Commission’s NPRM 05/09/96 61 FR 21105 10 CFR 51; 10 CFR 52; 10 CFR 54; 10 original intent of the rule, and improve NPRM Comment 08/07/96 CFR 55; 10 CFR 72; 10 CFR 73; 10 CFR overall program effectiveness and Period End 75; 10 CFR 95; 10 CFR 140; 10 CFR efficiency and establish threshold for Second NPRM 08/26/05 70 FR 50441 170 the control of working hours at nuclear Second NPRM 12/27/05 Legal Deadline: power plants to ensure that working Comment Period None hours in excess of the thresholds are End Abstract: The proposed rule would controlled through a risk-informed Final Rule 01/00/07 amend the Commission’s requirements deviation process. Because of the issues Regulatory Flexibility Analysis for early site permits, standard design raised in response to the earlier certifications, and combined licenses Required: No affirmed (Fitness-for-Duty) rule, a new for nuclear power plants, and for other proposed rule will be published, Small Entities Affected: No licensing processes. The amendments including provisions to provide are based on the NRC staff’s experience Government Levels Affected: None significantly greater assurance that with the previous design certification worker fatigue does not adversely affect Agency Contact: David T. Diec, reviews and on discussions with the operational safety of nuclear power Nuclear Regulatory Commission, Office stakeholders about the early site permit plants. This new proposed rule was of Nuclear Reactor Regulation, (ESP), design certification, and provided to the Commission in SECY- Washington, DC 20555–0001 combined license (COL) processes. This 05-0074, dated April 28, 2005. In a Phone: 301 415–2834 action is expected to improve the

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NRC Final Rule Stage

effectiveness of the licensing processes the Agency’s licensing and regulation Energy Institute (NEI) (PRM-50-75). A for future applicants. The rulemaking of future nuclear power facilities under notice of receipt for this petition was also would make conforming part 52. published in the Federal Register on clarifications and corrections to the Timetable: April 8, 2002; 67 FR 16654. The public NRC’s regulations. comment period closed on June 24, Action Date FR Cite The NRC is proposing to reorganize 10 2002. The staff is working to complete CFR part 52 to establish a separate NPRM 07/03/03 68 FR 40025 action for resolution of the petition in section for each of the licensing NPRM Comment 09/16/03 conjunction with this rulemaking. The processes currently described in 10 Period End NEI requested that NRC extend the CFR part 52 (early site permits, early Second NPRM 03/13/06 71 FR 12781 comment period for 30 additional days. site reviews, standard design Second NPRM 05/30/06 On June 28, 2006, the NRC held a certification, standard design approvals, Comment Period public meeting to discuss ways to End combined licenses, and manufacturing resolve several comments. Preparation Supplemental NPRM 10/17/06 71 FR 61330 licenses). The purpose of this of the final rule is ongoing. Supplemental NPRM 11/16/06 reorganization would be to clarify that Comment Period Timetable: each licensing process has equal End Action Date FR Cite standing. In addition, several subparts Final Action 04/00/07 would be reserved for future licensing NPRM 11/07/05 70 FR 67597 processes. No substantive changes are Regulatory Flexibility Analysis NPRM Comment 02/06/06 intended by the incorporation of Required: No Period End current Appendices M, N, O, and Q Small Entities Affected: No NPRM Comment 01/25/06 71 FR 4061 Period Extended into the new subparts in 10 CFR part Government Levels Affected: None 52. NPRM Comment 03/08/06 Agency Contact: Jerry N. Wilson, Period End The NRC is also proposing to retitle Nuclear Regulatory Commission, Office Final Rule 01/00/07 10 CFR part 52 as ‘‘Additional of Nuclear Reactor Regulation, Regulatory Flexibility Analysis Licensing Processes for Nuclear Power Washington, DC 20555–0001 Required: No Plants’’ to clarify that the licensing Phone: 301 415–3145 Small Entities Affected: No processes in 10 CFR part 52 are in Email: [email protected] addition to and supplement the two- Government Levels Affected: None step licensing process in 10 CFR part Nanette Giles, Nuclear Regulatory 50 and the license renewal process in Agency Contact: Richard F. Dudley, Commission, Office of Nuclear Reactor Nuclear Regulatory Commission, Office 10 CFR part 54 and are not limited to Regulation, Washington, DC the early site permit, standard design of Nuclear Reactor Regulation, 20555–0001 Washington, DC 20555–0001 certification, and combined license Phone: 301 415–1180 processes as the current title implies. Phone: 301 415–1116 Email: [email protected] Email: [email protected] The proposed rule would amend section 52.1 to clarify that all licensing Harry S. Tovmassian, Nuclear RIN: 3150–AH29 processes are within the scope of 10 Regulatory Commission, Office of CFR part 52. Sections within current Nuclear Reactor Regulation, 4090. EXEMPTIONS FROM Appendices M, N, O, and Q would also Washington, DC 20555–0001 LICENSING, GENERAL LICENSES, become new sections of the revised Phone: 301 415–3092 AND DISTRIBUTION OF BYPRODUCT part. In addition, the proposed rule Email: [email protected] MATERIAL; LICENSING AND would reserve sections for future Related RIN: Merged with 3150–AE25 REPORTING REQUIREMENTS licensing processes. In doing so, the RIN: Priority: Substantive, Nonsignificant NRC hopes to convey that 10 CFR part 3150–AG24 52 is the preferred location in 10 CFR Legal Authority: 42 USC 2201; 42 USC for nuclear power plant licensing 4089. LARGE BREAK 5841 processes. The proposed rule subsumed LOSS–OF–COOLANT ACCIDENT CFR Citation: 10 CFR 30; 10 CFR 31; the rulemaking ‘‘Standardized Plant (LB–LOCA) REDEFINITION 10 CFR 32; 10 CFR 150 Designs, Early Review of Sites Priority: Substantive, Nonsignificant Suitability Issues; Clarifying Legal Deadline: None Amendments’’ (RIN 3150-AE25) that Legal Authority: 42 USC 2201; 42 USC Abstract: The final rule amends the would remove redundant Appendices 5841 Commission’s regulations in parts 30, M, N, O, and Q from part 50. The part CFR Citation: 10 CFR 50 31, 32, and 150. The results of the 52 rulemaking plan (SECY-98-282) was reevaluation of exemptions are being approved by the Commission on Legal Deadline: None used to improve effectiveness and January 14, 1999. As a result of the Abstract: The proposed rule would efficiency and better ensure safety. The comments received and a number of amend the Commission’s regulations to final rule eliminates obsolete provisions other factors, the Commission decided allow for a risk-informed alternative to and associated distributor requirements that a substantial rewrite and expansion the present loss-of-coolant accident currently in the regulations. of the original rulemaking would be (LOCA) break size. This rulemaking Improvements to distributor reporting necessary to ensure that the entire body would address a petition for requirements are also included. A of NRC regulations is able to support rulemaking submitted by the Nuclear minor change to a general license is

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NRC Final Rule Stage

also included. This rulemaking has of Enforcement, Washington, DC a high-level radioactive waste subsumed RMι 526, ‘‘Use of Exempt 20555–0001 repository application. The Sources in Devices.‘‘ Phone: 301 415–3456 amendments requires the electronic Timetable: Email: [email protected] transmission of electronic documents in RIN: 3150–AH59 filing and service. Although exceptions Action Date FR Cite to these requirements will be NPRM 01/04/06 71 FR 275 established to allow paper filings, the NPRM Comment 03/20/06 4092. DESIGN BASIS TREAT (DBT) NRC maintains a strong preference for Period End Priority: Substantive, Nonsignificant fully electronic filing and service. The Final Rule 01/00/07 final rule builds upon prior NRC rules Legal Authority: 42 USC 2201; 42 USC Regulatory Flexibility Analysis and developments in the Federal courts 5841 Required: No regarding the use of electronic CFR Citation: 10 CFR 73 submissions. The Commission is also Small Entities Affected: No Legal Deadline: None seeking comment on draft guidance on Government Levels Affected: None how to submit hearing documents to Abstract: The proposed rule would Agency Contact: Andy Imboden, the NRC electronically. amend the Commission’s regulations to Nuclear Regulatory Commission, Office revise its design basis threat (DBT) Timetable: of Nuclear Material Safety and requirements to consolidate the Action Date FR Cite Safeguards, Washington, DC supplemental requirements put in place 20555–0001 NPRM 12/16/05 70 FR 74949 by orders following the September 11, Phone: 301 415–6128 NPRM Comment 03/01/06 Email: [email protected] 2001, terrorist attacks with the existing Period End DBT requirements in section 73.1. Final Rule 12/00/06 RIN: 3150–AH41 Timetable: Regulatory Flexibility Analysis Action Date FR Cite Required: No 4091. CLARIFICATION OF NRC CIVIL PENALTY AUTHORITY OVER NPRM 11/07/05 70 FR 67380 Small Entities Affected: No CONTRACTORS AND NPRM Comment 01/23/06 Government Levels Affected: None Period End SUBCONTRACTORS WHO Federalism: Undetermined DISCRIMINATE AGAINST EMPLOYEES NPRM Comment 01/24/06 71 FR 3791 FOR ENGAGING IN PROTECTED Period Reopened Agency Contact: Darani M. Reddick, ACTIVITIES NPRM Comment 02/22/06 Nuclear Regulatory Commission, Office Period Reopened of the General Counsel, Washington, Priority: Substantive, Nonsignificant End DC 20555–0001 Legal Authority: 42 USC 2201; 42 USC Final Rule 12/00/06 Phone: 301 415–3841 5841 Regulatory Flexibility Analysis Email: [email protected] CFR Citation: 10 CFR 30; 10 CFR 40; Required: No RIN: 3150–AH74 10 CFR 50; 10 CFR 60; 10 CFR 61; 10 Small Entities Affected: No CFR 63; 10 CFR 70; 10 CFR 71; 10 CFR Government Levels Affected: None 4094. REQUIREMENTS FOR 72; 10 CFR 76 EXPANDED DEFINITION OF Legal Deadline: None Federalism: Undetermined BYPRODUCT MATERIAL Abstract: The proposed rule would Agency Contact: Manash K Bagchi, Priority: Substantive, Nonsignificant amend the Commission’s regulations to Nuclear Regulatory Commission, Office Legal Authority: 42 USC 2201; 42 USC enable NRC to impose civil penalties of Nuclear Reactor Regulation, 5841 upon non-licensee contractors and Washington, DC 20555–0001 subcontractors who discriminate Phone: 301 415–2905 CFR Citation: 10 CFR 20; 10 CFR 30; against employees engaged in protected Email: [email protected] 10 CFR 31; 10 CFR 32; 10 CFR 33; 10 activities. RIN: 3150–AH60 CFR 35; 10 CFR 50; 10 CFR 61; 10 CFR 62; 10 CFR 72; 10 CFR 110; 10 CFR Timetable: 150; 10 CFR 170; 10 CFR 171 Action Date FR Cite 4093. USE OF ELECTRONIC Legal Deadline: None SUBMISSIONS IN AGENCY HEARINGS NPRM 01/31/06 71 FR 5015 Abstract: The proposed rule would NPRM Comment 04/17/06 Priority: Substantive, Nonsignificant amend the Commission’s regulations to Period End Legal Authority: 42 USC 2201; 42 USC include certain radium sources, Final Rule 02/00/07 5841 accelerator-produced radioactive Regulatory Flexibility Analysis CFR Citation: 10 CFR 1; 10 CFR 2; 10 materials, and certain naturally Required: No CFR 13; 10 CFR 110 occurring radioactive material, as Small Entities Affected: No required by section 651(e) of the Energy Legal Deadline: None Policy Act of 2005. Government Levels Affected: None Abstract: The final rule amends the Timetable: Federalism: Undetermined Commission’s regulations on the use of Agency Contact: Doug Starkey, electronic submissions in all agency Action Date FR Cite Nuclear Regulatory Commission, Office hearings except for those conducted on NPRM 07/28/06 71 FR 42951

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Action Date FR Cite 4096. ∑ LIST OF APPROVED SPENT racks do not apply to the fuel located FUEL STORAGE CASKS: NUHOMS HD in dry storage and/or transport casks NPRM Comment 09/11/06 ADDITION or containers in the spent fuel pool. Period End Final Rule 12/00/06 Priority: Substantive, Nonsignificant Timetable: Regulatory Flexibility Analysis Legal Authority: 42 USC 2201; 42 USC Action Date FR Cite 5841 Required: No Direct Final Rule 12/00/06 CFR Citation: 10 CFR 72 Small Entities Affected: No Regulatory Flexibility Analysis Legal Deadline: None Required: No Government Levels Affected: None Abstract: The direct final rule amends Small Entities Affected: No Federalism: Undetermined the Commission’s regulations to add Government Levels Affected: None Agency Contact: Lydia Chang, Nuclear the NUHOMS HD Cask System to the Regulatory Commission, Office of ‘‘List of Approved Spent Fuel Storage Federalism: Undetermined Casks’’ to add Certificate of Compliance Nuclear Material Safety and Safeguards, Agency Contact: George M. Tartal, No. 1030. This allows the holders of Washington, DC 20555–0001 Nuclear Regulatory Commission, Office power reactor operating licenses to Phone: 301 415–6319 of Nuclear Material Safety and store spent fuel in this approved cask Email: [email protected] Safeguards, Washington, DC system under a general license. RIN: 3150–AH84 20555–0001 Timetable: Phone: 301 415–0016 Action Date FR Cite Email: [email protected] 4095. SECURE TRANSPORT OF RIN: 3150–AH95 NUCLEAR MATERIALS NPRM 05/02/06 71 FR 25782 Direct Final Rule 05/02/06 71 FR 25740 Priority: Substantive, Nonsignificant NPRM Comment 06/01/06 4098. ∑ FACILITY CHANGE PROCESS Legal Authority: 42 USC 2201; 42 USC Period End INVOLVING ITEMS RELIED ON FOR 5841 Direct Final Rule 07/17/06 SAFETY Effective CFR Citation: Not Yet Determined Direct Final Rule 07/13/06 71 FR 39520 Priority: Substantive, Nonsignificant Withdrawn Legal Deadline: None Legal Authority: 42 USC 2201; 42 USC Final Rule 12/00/06 5841 Abstract: The proposed rule would Regulatory Flexibility Analysis CFR Citation: 10 CFR 70 amend the Commission’s regulations to Required: No include requirements for secure transfer Legal Deadline: None of nuclear materials as required by Small Entities Affected: No Abstract: The direct final rule amends section 656 of the Energy Policy Act Government Levels Affected: None the Commission’s regulations to clarify of 2005. The proposed amendment Federalism: Undetermined would implement section 656 by a requirement pertaining to items relied specifically excepting certain licensees Agency Contact: Jayne M. on for safety (IROFS). This rulemaking from provisions of section 170I of the McCausland, Nuclear Regulatory corrects an inconsistency in the Atomic Energy Act, as amended. Commission, Office of Nuclear Material regulations pertaining to IROFS. Safety and Safeguards, Washington, DC Timetable: Timetable: 20555–0001 Action Date FR Cite Action Date FR Cite Phone: 301 415–6219 Email: [email protected] Direct Final Rule 09/27/06 71 FR 56344 NPRM 08/30/06 71 FR 51534 NPRM 09/27/06 71 FR 56413 NPRM Comment 09/29/06 RIN: 3150–AH93 NPRM Comment 10/27/06 Period End Period End Final Rule 01/00/07 4097. ∑ REACTIVITY CONTROL OF Direct Final Rule 12/11/06 Regulatory Flexibility Analysis SPENT FUEL WITHIN DRY STORAGE Effective Required: No AND/OR TRANSPORT CASKS OR Confirmation of 12/00/06 CONTAINERS Effective Date Small Entities Affected: No Priority: Substantive, Nonsignificant Regulatory Flexibility Analysis Government Levels Affected: None Required: No Legal Authority: 42 USC 2201; 42 USC Federalism: Undetermined 5841 Small Entities Affected: No Agency Contact: Frank P. Cardile, CFR Citation: 10 CFR 50 Government Levels Affected: None Nuclear Regulatory Commission, Office Legal Deadline: None Federalism: Undetermined of Nuclear Material Safety and Safeguards, Washington, DC Abstract: The direct final rule amends Agency Contact: Anthony N. Tse, 20555–0001 the Commission’s regulations that Nuclear Regulatory Commission, Office Phone: 301 415–6185 govern domestic licensing of of Nuclear Material Safety and Email: [email protected] production and utilization facilities to Safeguards, Washington, DC declare that the reactivity control 20555–0001 RIN: 3150–AH90 requirements for spent fuel storage Phone: 301 415–6233

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NRC Final Rule Stage

Email: [email protected] RIN: 3150–AH96

Nuclear Regulatory Commission (NRC) Long-Term Actions

4099. UPDATE FUEL PERFORMANCE reissued as a proposed rule and would of Indian Tribes. Further, DOE has CONSIDERATIONS AND OTHER FUEL update the initial rulemaking effort to developed a satellite tracking system to CYCLE ISSUES address newly emerging issues and monitor the status of spent fuel Priority: Substantive, Nonsignificant research. shipments at all times. Distribution of Timetable: this status information to parties other Legal Authority: 42 USC 2011; 42 USC than Governors’ designees is also not 2201; 42 USC 4321; 42 USC 5841; 42 Action Date FR Cite compatible with NRC regulations. A USC 5842 NPRM 03/04/81 46 FR 15154 rulemaking plan was approved by the CFR Citation: 10 CFR 51 NPRM Comment 05/04/81 Commission on February 20, 2001. This Legal Deadline: None Period End rulemaking was put on hold by the Second NPRM To Be Determined Commission pending review of NRC Abstract: The proposed rule would Regulatory Flexibility Analysis rules in response to events of amend the Commission’s regulations by September 11, 2001. addressing uranium fuel cycle Required: No environmental data (Table S-3) and the Small Entities Affected: No Timetable: environmental effects of transportation Government Levels Affected: None Action Date FR Cite of fuel and waste data (Table S-4). In Agency Contact: Stewart Schneider, ANPRM 12/21/99 64 FR 71331 section 51.51, the environmental data ANPRM Comment 07/05/00 65 FR 18010 would be re-estimated and reflect Nuclear Regulatory Commission, Office of Nuclear Reactor Regulation, Period End changes in the structure and activities NPRM To Be Determined of the fuel cycle and the availability Washington, DC 20555–0001 of better data. Estimates of releases of Phone: 301 415–4123 Regulatory Flexibility Analysis Radon-222 and Technetium-99 would Email: [email protected] Required: No be added to Table S-3. The addition RIN: 3150–AA31 Small Entities Affected: No of a specific value for Radon-222 would Government Levels Affected: None address the outstanding portion of petition for rulemaking PRM-51-1, 4100. ADVANCE NOTIFICATION TO Agency Contact: James R. Firth, submitted by the New England NATIVE AMERICAN TRIBES OF Nuclear Regulatory Commission, Office Coalition on Nuclear Pollution. To TRANSPORTATION OF CERTAIN of Nuclear Material Safety and provide immediate relief to the TYPES OF NUCLEAR WASTE Safeguards, Washington, DC petitioners’ request, the Commission Priority: Substantive, Nonsignificant 20555–0001 published a final rule on March 14, Phone: 301 415–6628 Legal Authority: 42 USC 2201; 42 USC Email: [email protected] 1977 (42 FR 13803), that removed the 5841 original value for Radon-222 from Table RIN: 3150–AG41 S-3 so that it became subject to case- CFR Citation: 10 CFR 71; 10 CFR 73 specific litigation. It was anticipated Legal Deadline: None 4101. INTEGRATED RULEMAKING that the Commission would add a Abstract: The advance notice of specific value for Radon-222, but the FOR DECOMMISSIONING NUCLEAR proposed rulemaking (ANPRM) invited POWER REACTORS Commission deferred action until a early input from affected parties and general updating of Table S-3 is the public on the issues associated with Priority: Substantive, Nonsignificant undertaken. For section 51.52, the the advance notification of Indian Legal Authority: 42 USC 2201; 42 USC environmental impact estimates would Tribes of spent fuel shipments. The 5841 be re-estimated to reflect the use of Department of Energy (DOE) has CFR Citation: 10 CFR 50 more highly enriched fuel and indicated that it intends to comply with discharge of more highly irradiated NRC’s physical protection requirements Legal Deadline: None fuels from a reactor, as well as many for shipments under the Nuclear Waste Abstract: A staff requirements changes needed to update fuel cycle Policy Act; however, its current memorandum dated June 23, 1999, process and technologies. practices conflict with NRC regulations. directed the NRC staff to consider an This rulemaking would result in For example, DOE has asked for and integrated, risk-informed current and more accurate estimates of will continue to ask for exemptions decommissioning rule rather than the environmental impact of licensing from the shipment itinerary information individual rulemakings to address a new plant and would eliminate the requirements of foreign research reactor emergency preparedness, insurance, requirement to review the contribution fuel. DOE, as a courtesy, provides safeguards, operator staffing, and to environmental impacts from Radon- Indian Tribes with notification of spent backfit for nuclear power plants that 222 and Technetium-99 in individual fuel shipments. NRC’s current are being decommissioned. SECY-99- plant reviews. This rule is being regulations do not address notification 168, dated June 30, 1999, recommended

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NRC Long-Term Actions

that the integrated approach be Small Entities Affected: No 4103. ENTOMBMENT OPTIONS FOR approved and outlined staff plans for POWER REACTORS pursuing such a rulemaking. Government Levels Affected: None Accordingly, the staff has subsumed Agency Contact: Anthony N. Tse, Priority: Substantive, Nonsignificant previous rulemaking activities in the Nuclear Regulatory Commission, Office Legal Authority: areas of emergency planning, insurance, 42 USC 2201; 42 USC of Nuclear Material Safety and 5841 safeguards, operator staffing, and Safeguards, Washington, DC backfit into one integrated rulemaking 20555–0001 CFR Citation: 10 CFR 20; 10 CFR 50 effort. This rulemaking would apply to Phone: 301 415–6233 licensees who certified under section Email: [email protected] Legal Deadline: None 50.82(a) that they have permanently ceased facility operation(s) and have RIN: 3150–AG47 Abstract: The advance notice of permanently removed fuel from the proposed rulemaking (ANPRM) was reactor vessel. The Commission 4102. TRANSFERS OF CERTAIN published seeking stakeholder input on approved this approach in an SRM SOURCE MATERIALS BY SPECIFIC three proposed regulatory options and dated December 21, 1999. This LICENSEES whether entombment was a viable rulemaking also would address a decommissioning alternative. In SECY petition for rulemaking submitted by Priority: Substantive, Nonsignificant 02-0191 (October 25, 2002), NRC staff the North Carolina Public Utility proposed deferring the rulemaking until Legal Authority: 42 USC 2201; 42 USC Commission (PRM-50-57). the Office of Nuclear Regulatory 5841 Research has conducted research to In SECY-00-0145, dated June 28, 2000, CFR Citation: 10 CFR 40 develop a sound technical basis for an the NRC staff recommended a entombment option, estimated in 2005. decommissioning rulemaking plan in Legal Deadline: None The Commission, in a Staff the areas of emergency planning, Abstract: The proposed rule would Requirements Memorandum dated insurance, safeguards, operator staffing, November 26, 2002, did not object to and backfit (the integrated amend the Commission’s regulations to require NRC approval for transfers from staff’s proposal and requested decommissioning rulemaking plan). information regarding the scope and The rulemaking plan relied on a draft licensees of unimportant quantities of source material (less than 0.05 percent type of research needed to support any decommissioning risk study as the entombment option. This information basis for its recommendations. The by weight) to persons exempt from licensing requirements. The objective of was provided to the Commission on Commission returned the rulemaking May 14, 2003. The Office of Nuclear plan to the staff for rework in this proposed action is to ensure that the regulations regarding transfers of Regulatory Research conducted September 2000, based on changes to research in 2004 and 2005 and plans the decommissioning risk study materials containing low concentrations of source material are adequate to to issue a research information letter findings. The decommissioning risk summarizing the results of prior work; study, NUREG-1738, was issued in protect public health and safety. Publication of the final rule is being e.g., concrete used in engineered January 2001. After assessing the backfills and radionuclide isolation in findings in the risk study, the staff delayed until certain recent related issues are resolved to minimize the concrete. The staff is continuing to presented a policy options paper to the defer this rulemaking activity. Commission, SECY-01-0100, dated June possibility of future inconsistencies in 4, 2001, that provided options and the regulations. Timetable: made recommendations on issues to be Timetable: Action Date FR Cite addressed in the integrated rulemaking. Following the terrorist events of Action Date FR Cite ANPRM 10/16/01 66 FR 52551 September 11, 2001, the NRC staff NPRM 08/28/02 67 FR 55175 ANPRM Comment 12/31/01 recommended and the Commission NPRM Comment 11/12/02 Period End approved the withdrawal of SECY-01- Period End NPRM To Be Determined 0101 because of the likely changes in Final Action To Be Determined the staff’s position on decommissioning Regulatory Flexibility Analysis plant safeguards. The decommissioning Regulatory Flexibility Analysis Required: No policy position will be revisited when Required: No Small Entities Affected: No a broad-scope NRC safeguards policy is Small Entities Affected: No developed in response to potential Government Levels Affected: None terrorist acts at nuclear facilities. The Government Levels Affected: None schedule for the integrated rulemaking Agency Contact: Gary C. Comfort, Jr., Agency Contact: Kevin R. O’Sullivan, cannot be determined at this time. Nuclear Regulatory Commission, Office Nuclear Regulatory Commission, Office Timetable: of Nuclear Material Safety and of Nuclear Material Safety and Safeguards, Washington, DC Safeguards, Washington, DC Action Date FR Cite 20555–0001 20555–0001 NPRM To Be Determined Phone: 301 415–8106 Phone: 301 415–8112 Email: [email protected] Email: [email protected] Regulatory Flexibility Analysis Required: No RIN: 3150–AG64 RIN: 3150–AG89

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NRC Long-Term Actions

4104. MODIFICATIONS TO and materials used by exempt persons 4106. CONTROLLING THE PRESSURE–TEMPERATURE LIMITS and general licensees. Source material DISPOSITION OF SOLID MATERIALS Priority: Substantive, Nonsignificant is used under general license and under Priority: Substantive, Nonsignificant various exemptions from licensing Legal Authority: Legal Authority: 42 USC 2201; 42 USC requirements in part 40 for which there 42 USC 2201; 42 USC 5841 5841 is no regulatory mechanism for the CFR Citation: 10 CFR 50 Commission to obtain information to CFR Citation: 10 CFR 20 Legal Deadline: None fully assess the resultant risks to public Legal Deadline: None health and safety. Although estimates Abstract: The proposed rule would Abstract: The staff provided a draft amend the Commission’s regulations to of resultant doses have been made, proposed rule package on Controlling eliminate those requirements for there is a need for ongoing information the Disposition of Solid Materials to the pressure-temperature limits that are on the quantities and types of Commission on March 31, 2005. The related to the metal temperature of the radioactive material distributed for Commission has disapproved reactor pressure vessel closure head exempt use and use under general publication of the draft proposed rule flange and vessel flange areas. The license. Obtaining information on the package. The Commission’s decision is proposed rule would amend footnotes distribution of source material is based on the fact that the Agency is 2 and 6 to table 1 of appendix G, and particularly difficult because many of currently faced with several high simplify restructuring of the table. Also, the distributors of source material to priority and complex tasks, that the this rulemaking would address the exempt persons and generally licensed current approach to review specific petition for rulemaking submitted by persons are not currently required to cases on an individual basis is fully Westinghouse Electric Company (PRM- hold a license from the Commission. protective of public health and safety, 50-69). Distributors are often unknown to the and that the immediate need for this Timetable: Commission. No controls are in place rule has changed due to the shift in to ensure that products and materials timing for reactor decommissioning. As Action Date FR Cite distributed are maintained within the such, the Commission is deferring this NPRM To Be Determined applicable constraints of the rulemaking for the time being. Regulatory Flexibility Analysis exemptions. In addition, the amounts Timetable: of source material allowed under the Required: No Action Date FR Cite general license in section 40.22 could Small Entities Affected: No result in exposures above 1 mSv/year NPRM To Be Determined Government Levels Affected: None (100 mrem/year) to workers at facilities Regulatory Flexibility Analysis Agency Contact: Kihar K. Rayl, that are not required to meet the Required: Yes Nuclear Regulatory Commission, Office requirements of parts 19 and 20. Small Entities Affected: Governmental of Nuclear Reactor Regulation, Without knowledge of the identity and Jurisdictions Washington, DC 20555–0001 location of the general licensees, it Phone: 301 415–2643 would be difficult to enforce Government Levels Affected: Federal, Email: [email protected] restrictions on the general licensees. State RIN: 3150–AG98 This rule also would address PRM-40- Agency Contact: Frank P. Cardile, 27 submitted by the State of Colorado Nuclear Regulatory Commission, Office and Organization of Agreement States. of Nuclear Material Safety and 4105. DISTRIBUTION OF SOURCE Safeguards, Washington, DC MATERIAL TO EXEMPT PERSONS Timetable: 20555–0001 AND GENERAL LICENSEES AND Action Date FR Cite Phone: 301 415–6185 REVISION OF 10 CFR 40.22 GENERAL Email: [email protected] LICENSE NPRM To Be Determined RIN: 3150–AH18 Priority: Substantive, Nonsignificant Regulatory Flexibility Analysis Legal Authority: 42 USC 2201; 42 USC Required: Yes 4107. IMPLEMENT US–IAEA 5841 SAFEGUARDS AGREEMENT Small Entities Affected: Governmental CFR Citation: 10 CFR 40 Jurisdictions Priority: Substantive, Nonsignificant Legal Deadline: None Legal Authority: 42 USC 2201; 42 USC Government Levels Affected: State Abstract: The proposed rule would 5841 amend the Commission’s regulations to Agency Contact: Gary C. Comfort, Jr., CFR Citation: 10 CFR 40; 10 CFR 50; improve the control over the Nuclear Regulatory Commission, Office 10 CFR 60; 10 CFR 61; 10 CFR 63; 10 distribution of source material to of Nuclear Material Safety and CFR 70; 10 CFR 72; 10 CFR 75; 10 CFR exempt persons and to general Safeguards, Washington, DC 76; 10 CFR 150 licensees in order to make part 40 more 20555–0001 Legal Deadline: None risk-informed. The proposed rule also Phone: 301 415–8106 would govern the licensing of source Abstract: The final rule will amend the Email: [email protected] material by adding specific Commission’s regulations to implement requirements for licensing of and RIN: 3150–AH15 the additional reporting and reporting by distributors of products complementary access requirements

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NRC Long-Term Actions

contained in the US/IAEA Additional Small Entities Affected: No 4110. LIST OF NON–AGREEMENT Protocol for the application of STATES Government Levels Affected: None safeguards in the United States. Priority: Info./Admin./Other Timetable: Agency Contact: Richard F. Dudley, Legal Authority: 42 USC 2201; 42 USC Action Date FR Cite Nuclear Regulatory Commission, Office 5841 of Nuclear Reactor Regulation, Final Rule To Be Determined Washington, DC 20555–0001 CFR Citation: 10 CFR 40; 10 CFR 73 Regulatory Flexibility Analysis Phone: 301 415–1116 Legal Deadline: None Required: No Email: [email protected] Abstract: The final rule amends the Small Entities Affected: No RIN: 3150–AH42 Commission’s regulations to update the Government Levels Affected: None list of Non-Agreement States. Agency Contact: Naiem S. Tanious, Timetable: 4109. DECOUPLING OF ASSUMED Nuclear Regulatory Commission, Office Action Date FR Cite of Nuclear Material Safety and LOSS OF OFFSITE POWER FROM Safeguards, Washington, DC LOSS–OF–COOLANT ACCIDENTS Final Rule To Be Determined (LOCA) 20555–0001 Regulatory Flexibility Analysis Phone: 301 415–6103 Priority: Substantive, Nonsignificant Required: No Email: [email protected] Small Entities Affected: No RIN: 3150–AH38 Legal Authority: 42 USC 2201; 42 USC 5841 Government Levels Affected: None Federalism: Undetermined 4108. PERFORMANCE–BASED ECCS CFR Citation: 10 CFR 50 ACCEPTANCE CRITERIA Agency Contact: Michael K. Legal Deadline: None Priority: Substantive, Nonsignificant Williamson, Nuclear Regulatory Commission, Office of Nuclear Material Abstract: Legal Authority: 42 USC 2201; 42 USC The proposed rule would Safety and Safeguards, Washington, DC 5841 amend the Commission’s regulations to 20555–0001 CFR Citation: 10 CFR 50 eliminate, based upon appropriate risk Phone: 301 415–6234 considerations, the assumption of a Email: [email protected] Legal Deadline: None coincident loss of offsite power for Abstract: The proposed rule would postulated large-break (low frequency) RIN: 3150–AH49 amend section 50.46 to develop loss-of-coolant accidents (LB-LOCA) in performance-based acceptance criteria General Design Criterion (GDC) 35. The 4111. CONFORMING ADMINISTRATIVE for fuel cladding performance during proposed rule would provide a CHANGES loss-of-coolant accidents. Existing voluntary alternative to existing provisions of section 50.46 applicable requirements where specified Priority: Info./Admin./Other to certain zirconium-based cladding acceptance criteria are satisfied and Legal Authority: 42 USC 2201; 42 USC materials would be supplemented by also would address a petition for 5841 performance-based standards for rulemaking submitted by Bob Christie CFR Citation: 10 CFR 70 maximum peak cladding temperature (Performance Technology) (PRM-50-77). and oxidation limit. The supplementary On December 2, 2005, the NRC Legal Deadline: None performance standard would allow requested further information from the Abstract: The final rule amends the licensees to use alternative cladding BWR Owners Group in order to allow Commission’s regulations in 10 CFR materials, without seeking an the review to proceed. part 70 to make conforming changes to exemption, provided that testing Timetable: citations in the regulatory text. These demonstrated that adequate ductility changes update and correct cross- would be maintained, and ECCS Action Date FR Cite references within part 70. analyses showed that the new performance criteria would be satisfied. NPRM To Be Determined Timetable: This rulemaking also would address a Regulatory Flexibility Analysis Action Date FR Cite petition for rulemaking submitted by Required: No Final Rule To Be Determined the Nuclear Energy Institute (PRM-50- 71). The NRC is performing research Small Entities Affected: No Regulatory Flexibility Analysis activities to develop a technical basis Required: No Government Levels Affected: for initiating rulemaking on this item, None Small Entities Affected: No and is expected to be developed by Agency Contact: Richard F. Dudley, early CY-2007. Government Levels Affected: None Nuclear Regulatory Commission, Office Federalism: Undetermined Timetable: of Nuclear Reactor Regulation, Action Date FR Cite Washington, DC 20555–0001 Agency Contact: Michael K. Phone: 301 415–1116 Williamson, Nuclear Regulatory NPRM To Be Determined Email: [email protected] Commission, Office of Nuclear Material Regulatory Flexibility Analysis Safety and Safeguards, Washington, DC Required: No RIN: 3150–AH43 20555–0001

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NRC Long-Term Actions

Phone: 301 415–6234 4113. INDUSTRY CODES AND 4114. REQUIREMENTS FOR Email: [email protected] STANDARDS; AMENDED DISTRIBUTION OF BYPRODUCT RIN: 3150–AH62 REQUIREMENTS MATERIAL AND EXEMPTIONS FROM Priority: Substantive, Nonsignificant LICENSING 4112. IMPLEMENTATION OF A DOSE Legal Authority: 42 USC 2201; 42 USC Priority: Substantive, Nonsignificant STANDARD BEYOND 10,000 YEARS 5841 Legal Authority: 42 USC 2201; 42 USC Priority: Substantive, Nonsignificant CFR Citation: 10 CFR 50 5841 Legal Authority: Legal Deadline: None 42 USC 2201; 42 USC CFR Citation: 10 CFR 30; 10 CFR 31; Abstract: 5841 The proposed rule would 10 CFR 32 CFR Citation: 10 CFR 63 amend the Commission’s regulations to incorporate by reference the 2004 Legal Deadline: None Legal Deadline: None Edition of Division 1 rules in section Abstract: The proposed rule would III ‘‘Rules for Construction of Nuclear Abstract: The proposed rule would amend the Commission’s regulations to Power Plant Components’’ of the amend the Commission’s regulations by revise existing regulations on technical American Society of Mechanical making the requirements for criteria for disposal of high-level Engineers Boiler and Pressure Vessel distributors of byproduct material more radioactive waste in a geologic Code (ASME BPV Code); the 2004 explicit, less prescriptive, and more repository at Yucca Mountain, Nevada, Edition of Division 1 rules in section risk-informed; improve safety criteria to be consistent with the environmental XI ‘‘Rules for Inservice Inspection of for approving products through standards developed by the U.S. Nuclear Power Plant Components’’ of licensing actions; and redefine Environmental Protection Agency. the ASME BPV Code; and the 2004 categories of devices to be used under Edition of the ASME Code for exemption. Timetable: Operation and Maintenance of Nuclear Timetable: Action Date FR Cite Power Plants (OM Code). NPRM 09/08/05 70 FR 53313 Timetable: Action Date FR Cite NPRM Comment 11/07/05 Action Date FR Cite NPRM 11/00/08 Period End Final Rule To Be Determined NPRM To Be Determined Regulatory Flexibility Analysis Required: No Regulatory Flexibility Analysis Regulatory Flexibility Analysis Required: No Required: No Small Entities Affected: No Small Entities Affected: No Small Entities Affected: No Government Levels Affected: None Government Levels Affected: None Government Levels Affected: None Federalism: Undetermined Federalism: Undetermined Federalism: Undetermined Agency Contact: Frank P. Cardile, Agency Contact: Merrilee J. Banic, Agency Contact: Frank P. Cardile, Nuclear Regulatory Commission, Office Nuclear Regulatory Commission, Office Nuclear Regulatory Commission, Office of Nuclear Material Safety and of Nuclear Reactor Regulation, of Nuclear Material Safety and Safeguards, Washington, DC Washington, DC 20555 Safeguards, Washington, DC 20555–0001 Phone: 301 415–2771 20555–0001 Phone: 301 415–6185 Email: [email protected] Phone: 301 415–6185 Email: [email protected] Related RIN: Related to 3150–AH65 Email: [email protected] RIN: 3150–AH68 RIN: 3150–AH76 RIN: 3150–AH91

Nuclear Regulatory Commission (NRC) Completed Actions

4115. ELIMINATION OF Regulatory Flexibility Analysis 4116. NATIONAL SOURCE TRACKING REQUIREMENT TO SUBMIT ANNUAL Required: No OF SEALED SOURCES FINANCIAL REPORT Small Entities Affected: No Priority: Substantive, Nonsignificant Priority: Substantive, Nonsignificant Government Levels Affected: None CFR Citation: 10 CFR 20; 10 CFR 32; CFR Citation: 10 CFR 50; 10 CFR 72 10 CFR 150 Completed: Agency Contact: Michael T. Jamgochian Completed: Reason Date FR Cite Phone: 301 415–3224 Reason Date FR Cite Direct Final Rule 05/22/06 71 FR 29244 Email: [email protected] NPRM 05/22/06 71 FR 29273 NPRM 06/13/06 71 R 34024 Direct Final Rule 08/07/06 RIN: 3150–AH39 Extension Comment 07/03/06 71 FR 37862 Effective Period Published

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NRC Completed Actions

Reason Date FR Cite Email: [email protected] Completed: Extension Comment 07/28/06 RIN: 3150–AH83 Reason Date FR Cite Period End Final Rule 04/20/06 71 FR 20336 Final Rule 11/08/06 71 FR 65686 4119. LIST OF APPROVED SPENT Final Rule Effective 08/07/06 Final Rule Effective 02/06/07 FUEL STORAGE CASKS: Regulatory Flexibility Analysis Regulatory Flexibility Analysis FUELSOLUTIONS CASK SYSTEM, Required: No Required: No REVISION, AMENDMENT 4 Small Entities Affected: No Small Entities Affected: No Priority: Substantive, Nonsignificant Government Levels Affected: None Government Levels Affected: None CFR Citation: 10 CFR 72 Federalism: Undetermined Federalism: Undetermined Completed: Agency Contact: Brooke G. Smith Agency Contact: Merri L. Horn Reason Date FR Cite Phone: 301 415–2347 Phone: 301 415–8126 Email: [email protected] Email: [email protected] NPRM 04/18/06 71 FR 19831 Direct Final Rule 04/18/06 71 FR 19806 RIN: 3150–AH88 RIN: 3150–AH48 Direct Final Rule 07/03/06 Effective 4122. REVISION OF NRC FORM 7, 4117. CHARGES FOR DUPLICATING Confirmation of 06/19/06 71 FR 35147 Effective Date APPLICATION OF NRC RECORDS EXPORT/IMPORT LICENSE, Priority: Substantive, Nonsignificant Regulatory Flexibility Analysis AMENDMENT, OR RENEWAL Required: No CFR Citation: 10 CFR 9 Priority: Substantive, Nonsignificant Small Entities Affected: No Completed: CFR Citation: 10 CFR 110 Government Levels Affected: None Reason Date FR Cite Completed: Federalism: Undetermined Final Action 09/18/06 71 FR 54570 Reason Date FR Cite Final Action Effective 09/18/06 Agency Contact: Jayne M. McCausland NPRM 04/13/06 71 FR 19135 Phone: 301 415–6219 Regulatory Flexibility Analysis Direct Final Rule 04/13/06 71 FR 19102 Email: [email protected] Required: No Final Rule Effective 06/27/06 RIN: 3150–AH86 Confirmation of 06/23/06 71 FR 35995 Small Entities Affected: No Effective Date Government Levels Affected: None 4120. LIST OF APPROVED SPENT Regulatory Flexibility Analysis Federalism: Undetermined FUEL STORAGE CASKS: VSC–24 Required: No Agency Contact: Thomas E. Smith REVISION, AMENDMENT 6 Small Entities Affected: No Phone: 301 415–2950 Priority: Substantive, Nonsignificant Government Levels Affected: None Email: [email protected] CFR Citation: 10 CFR 72 Federalism: Undetermined RIN: 3150–AH66 Completed: Agency Contact: Brooke G. Smith Phone: 301 415–2347 Reason Date FR Cite 4118. REVISION OF FEE SCHEDULES; Email: [email protected] FEE RECOVERY FOR FY 2006 Direct Final Rule 06/05/06 RIN: 3150–AH89 Priority: Economically Significant. Effective Major under 5 USC 801. Confirmation of 05/30/06 71 FR 30576 Effective Date 4123. ∑ RELIEF FROM CFR Citation: 10 CFR 170; 10 CFR 171 Regulatory Flexibility Analysis FINGERPRINTING AND CRIMINAL Completed: Required: No HISTORY RECORDS CHECK FOR Reason Date FR Cite DESIGNATED CATEGORIES OF Small Entities Affected: No INDIVIDUALS Final Rule 05/30/06 71 FR 30722 Government Levels Affected: None Final Rule Effective 07/31/06 Priority: Substantive, Nonsignificant Federalism: Undetermined Regulatory Flexibility Analysis Legal Authority: 42 USC 2201; 42 USC Required: Yes Agency Contact: Jayne M. McCausland 5841 Phone: 301 415–6219 Small Entities Affected: Businesses, CFR Citation: 10 CFR 73 Email: [email protected] Governmental Jurisdictions, Legal Deadline: None RIN: Organizations 3150–AH87 Abstract: The final rule amends the Government Levels Affected: Local, Commission’s regulations by issuing a State 4121. IMPLEMENTATION OF THE new regulation to relieve certain Federalism: Undetermined ENERGY POLICY ACT OF 2005 categories of individuals who have been approved by the Commission for Priority: Agency Contact: Tammy D. Croote Substantive, Nonsignificant access to Safeguards Information from Phone: 301 415–6041 CFR Citation: 10 CFR 110 the fingerprinting and criminal history

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NRC Completed Actions

records check requirements of section Regulatory Flexibility Analysis of the General Counsel, Washington, 149 of the Atomic Energy Act of 1854, Required: No DC 20555–0001 as amended. Small Entities Affected: No Phone: 301 415–1633 Email: [email protected] Timetable: Government Levels Affected: None Action Date FR Cite Federalism: Undetermined RIN: 3150–AH94 Final Rule 06/13/06 71 FR 33989 Agency Contact: Marjorie Rothschild, [FR Doc. 06–7689 Filed 12–08–06; 8:45 am] Final Rule Effective 06/13/06 Nuclear Regulatory Commission, Office BILLING CODE 7590–01–S

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