, 21959-21961 [2010-8980]

Download as PDF Monday, April 26, 2010 Part XXII Nuclear Regulatory Commission erowe on DSK5CLS3C1PROD with PROPOSALS Semiannual Regulatory Agenda VerDate Nov<24>2008 12:40 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26APP22.SGM 26APP22 21960 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda 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 7, 2009 (74 FR 64572). Comments on any rule in the agenda may be sent to the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemakings and Adjudications Staff. Comments may also be hand delivered to the One White Flint North Building, 11555 Rockville Pike, Rockville, MD, between 7:30 a.m. and 4:15 p.m., Federal workdays. Comments received on rules for which ADDRESSES: the comment period has closed will be considered if it is practical to do so, but assurance of consideration cannot be given except as to comments received on or before the closure dates specified in the agenda. The agenda and any comments received on any rule listed in the agenda are available for public inspection and copying for a fee at the Nuclear Regulatory Commission’s Public Document Room, One White Flint North, 11555 Rockville Pike, Room O1F21, Rockville, MD. The complete Unified Agenda will be available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. FOR FURTHER INFORMATION CONTACT: For further information concerning NRC rulemaking procedures or the status of any rule listed in this agenda, contact: Michael T. Lesar, Chief, Rulemaking, and Directives Branch, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 205550001, telephone 301-492-3663 (e-mail: Michael.Lesar@nrc.gov). Persons outside the Washington, DC, metropolitan area may call, toll-free: 1800-368-5642. 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. 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 7, 2009 (74 FR 64572). Within each group, the rules are ordered according to the Regulation Identifier Number (RIN). SUPPLEMENTARY INFORMATION: The information in this agenda has been updated through February 24, 2010. The date for the next scheduled action under the heading ‘‘Timetable’’ is the date the rule is scheduled to be published in the Federal Register. The date is considered tentative and is not binding on the Commission or its staff. The agenda is intended to provide the public early notice and opportunity to participate in the NRC rulemaking process. However, the NRC may consider or act on any rulemaking even though it is not included in the agenda. The NRC agenda lists all open rulemaking actions. One rule affects small entities. Dated at Rockville, Maryland, this 24th day of February 2010. For the Nuclear Regulatory Commission. Michael T. Lesar, Chief, Rulemaking and Directives Branch, Division of Administrative Services, Office of Administration. Nuclear Regulatory Commission—Proposed Rule Stage Regulation Identifier Number Sequence Number Title 415 Distribution of Source Material To Exempt Persons and General Licensees and Revision of 10 CFR 40.22 General License [NRC-2009-0084] .................................................................................................................................... Revision of Fee Schedules; Fee Recovery for FY 2010 [NRC-2009-0333] ................................................................. 416 3150–AH15 3150–AI70 Nuclear Regulatory Commission—Long-Term Actions Title Regulation Identifier Number 417 erowe on DSK5CLS3C1PROD with PROPOSALS Sequence Number Controlling the Disposition of Solid Materials [NRC-1999-0002] .................................................................................. 3150–AH18 VerDate Nov<24>2008 12:40 Apr 23, 2010 Jkt 220001 PO 00000 Frm 00002 Fmt 1254 Sfmt 1254 E:\FR\FM\26APP22.SGM 26APP22 21961 Federal Register / Vol. 75, No. 79 / Monday, April 26, 2010 / Unified Agenda Nuclear Regulatory Commission (NRC) 415. DISTRIBUTION OF SOURCE MATERIAL TO EXEMPT PERSONS AND GENERAL LICENSEES AND REVISION OF 10 CFR 40.22 GENERAL LICENSE [NRC–2009–0084] Legal Authority: 42 USC 2201; 42 USC 5841 Abstract: The proposed rule would amend the Commission’s regulations to improve the control over the distribution of source material to exempt persons and to general licensees in order to make part 40 more risk-informed. The proposed rule also would govern the licensing of source material by adding specific requirements for licensing of and reporting by distributors of products and materials used by exempt persons and general licensees. Source material is used under general license and under various exemptions from licensing requirements in part 40 for which there is no regulatory mechanism for the Commission to obtain information to fully assess the resultant risks to public health and safety. Although estimates of resultant doses have been made, there is a need for ongoing information on the quantities and types of radioactive material distributed for exempt use and use under general license. Obtaining information on the distribution of source material is particularly difficult because many of the distributors of source material to exempt persons and generally licensed persons are not currently required to hold a license from the Commission. Distributors are often unknown to the Commission. No controls are in place to ensure that products and materials Proposed Rule Stage distributed are maintained within the applicable constraints of the exemptions. In addition, the amounts of source material allowed under the general license in section 40.22 could result in exposures above 1 mSv/year (100 mrem/year) to workers at facilities that are not required to meet the requirements of parts 19 and 20. Without knowledge of the identity and location of the general licensees, it would be difficult to enforce restrictions on the general licensees. This rule also would address PRM-4027 submitted by the State of Colorado and Organization of Agreement States. Timetable: Action Date NPRM FR Cite 04/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Gary C. Comfort, Jr., Nuclear Regulatory Commission, Office of Federal and State Materials and Environmental Management Programs, Washington, DC 20555–0001 Phone: 301 415–8106 Email: gary.comfort@nrc.gov RIN: 3150–AH15 416. REVISION OF FEE SCHEDULES; FEE RECOVERY FOR FY 2010 [NRC–2009–0333] Legal Authority: 42 USC 2201; 42 USC 5841 Abstract: The proposed rule amends the Commission’s licensing, inspection, and annual fees charged to U.S. Nuclear Regulatory Commission (NRC) licensees and applicants for an NRC license. The rulemaking is necessary to recover, through the assessment of fees, approximately 90 percent of the NRC’s budget authority for fiscal year (FY) 2010, less the amounts appropriated from the Nuclear Waste Fund, amounts appropriated for Waste Incidental to Reprocessing, and amounts appropriated for generic homeland security activities, as required by the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended. Based on the Energy and Water Development and Related Agencies Appropriation Act, 2010, the NRC’s required fee recovery amount for the FY 2010 budget is approximately $912.2 million. After accounting for billing adjustments (i.e., expected unpaid invoices, payments for prior year invoices), the total amount to be billed as fees is $911.1 million. The OBRA-90, as amended, requires that the fees for FY 2010 be collected by September 30, 2010. Timetable: Action Date NPRM NPRM Comment Period End Final Action erowe on DSK5CLS3C1PROD with PROPOSALS Legal Authority: 42 USC 2201; 42 USC 5841 Abstract: The staff provided a draft proposed rule package on Controlling the Disposition of Solid Materials to the Commission on March 31, 2005, which the Commission disapproved. The Commission’s decision was based on the fact that the Agency is currently faced with several high priority and complex tasks, that the current VerDate Nov<24>2008 12:40 Apr 23, 2010 Jkt 220001 03/10/10 75 FR 11376 04/09/10 06/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Rebecca I. Ericson, Nuclear Regulatory Commission, Office of the Chief Financial Officer, Washington, DC 20555–0001 Phone: 301 415–7126 Email: rebecca.ericson@nrc.gov RIN: 3150–AI70 Nuclear Regulatory Commission (NRC) 417. CONTROLLING THE DISPOSITION OF SOLID MATERIALS [NRC–1999–0002] FR Cite Long-Term Actions approach to review specific cases on an individual basis is fully protective of public health and safety, and that the immediate need for this rule has changed due to the shift in timing for reactor decommissioning. The Commission has deferred action on this rulemaking. Agency Contact: Kimyata Morgan Butler, Nuclear Regulatory Commission, Office of Federal and State Materials and Environmental Management Programs, Washington, DC 20555–0001 Phone: 301 415–0733 Email: kimyata.morganbutler@nrc.gov Timetable: RIN: 3150–AH18 Action Date [FR Doc. 2010–8980 Filed 04–23–10; 8:45 am] NPRM To Be Determined FR Cite BILLING CODE 7590–01–S Regulatory Flexibility Analysis Required: Yes PO 00000 Frm 00003 Fmt 1254 Sfmt 1254 E:\FR\FM\26APP22.SGM 26APP22

Agencies

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Unknown Section]
[Pages 21959-21961]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8980]


[[Page 21959]]

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Part XXII





Nuclear Regulatory Commission





-----------------------------------------------------------------------



###Semiannual Regulatory Agenda###

[[Page 21960]]

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 7, 
2009 (74 FR 64572).

ADDRESSES: Comments on any rule in the agenda may be sent to the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff. Comments may also be hand delivered to the One White Flint North 
Building, 11555 Rockville Pike, Rockville, MD, between 7:30 a.m. and 
4:15 p.m., Federal workdays. Comments received on rules for which the 
comment period has closed will be considered if it is practical to do 
so, but assurance of consideration cannot be given except as to 
comments received on or before the closure dates specified in the 
agenda.

    The agenda and any comments received on any rule listed in the 
agenda are available for public inspection and copying for a fee at 
the Nuclear Regulatory Commission's Public Document Room, One White 
Flint North, 11555 Rockville Pike, Room O-1F21, Rockville, MD.

    The complete Unified Agenda will be available online at 
www.reginfo.gov, in a format that offers users a greatly enhanced 
ability to obtain information from the Agenda database.

FOR FURTHER INFORMATION CONTACT: For further information concerning NRC 
rulemaking procedures or the status of any rule listed in this agenda, 
contact: Michael T. Lesar, Chief, Rulemaking, and Directives Branch, 
Division of Administrative Services, Office of Administration, U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone 
301-492-3663 (e-mail: Michael.Lesar@nrc.gov). 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 7, 2009 
(74 FR 64572). Within each group, the rules are ordered according to 
the Regulation Identifier Number (RIN).

    The information in this agenda has been updated through 
February 24, 2010. The date for the next scheduled action under the 
heading ``Timetable'' is the date the rule is scheduled to be 
published in the Federal Register. The date is considered tentative 
and is not binding on the Commission or its staff. The agenda is 
intended to provide the public early notice and opportunity to 
participate in the NRC rulemaking process. However, the NRC may 
consider or act on any rulemaking even though it is not included in 
the agenda.

    The NRC agenda lists all open rulemaking actions. One rule 
affects small entities.

Dated at Rockville, Maryland, this 24th day of February 2010.

For the Nuclear Regulatory Commission.

 Michael T. Lesar,

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

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


                                Nuclear Regulatory Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
417         Controlling the Disposition of Solid Materials [NRC-1999-0002]........................    3150-AH18
----------------------------------------------------------------------------------------------------------------


[[Page 21961]]

_______________________________________________________________________
Nuclear Regulatory Commission (NRC)                 Proposed Rule Stage

_______________________________________________________________________

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

Legal Authority: 42 USC 2201; 42 USC 5841

Abstract: The proposed rule would amend the Commission's regulations to 
improve the control over the distribution of source material to exempt 
persons and to general licensees in order to make part 40 more risk-
informed. The proposed rule also would govern the licensing of source 
material by adding specific requirements for licensing of and reporting 
by distributors of products and materials used by exempt persons and 
general licensees. Source material is used under general license and 
under various exemptions from licensing requirements in part 40 for 
which there is no regulatory mechanism for the Commission to obtain 
information to fully assess the resultant risks to public health and 
safety. Although estimates of resultant doses have been made, there is 
a need for ongoing information on the quantities and types of 
radioactive material distributed for exempt use and use under general 
license. Obtaining information on the distribution of source material 
is particularly difficult because many of the distributors of source 
material to exempt persons and generally licensed persons are not 
currently required to hold a license from the Commission. Distributors 
are often unknown to the Commission. No controls are in place to ensure 
that products and materials distributed are maintained within the 
applicable constraints of the exemptions. In addition, the amounts of 
source material allowed under the general license in section 40.22 
could result in exposures above 1 mSv/year (100 mrem/year) to workers 
at facilities that are not required to meet the requirements of parts 
19 and 20. Without knowledge of the identity and location of the 
general licensees, it would be difficult to enforce restrictions on the 
general licensees. This rule also would address PRM-40-27 submitted by 
the State of Colorado and Organization of Agreement States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary C. Comfort, Jr., Nuclear Regulatory Commission, 
Office of Federal and State Materials and Environmental Management 
Programs, Washington, DC 20555-0001
Phone: 301 415-8106
Email: gary.comfort@nrc.gov

RIN: 3150-AH15
_______________________________________________________________________

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

Legal Authority: 42 USC 2201; 42 USC 5841

Abstract: The proposed rule amends the Commission's licensing, 
inspection, and annual fees charged to U.S. Nuclear Regulatory 
Commission (NRC) licensees and applicants for an NRC license. The 
rulemaking is necessary to recover, through the assessment of fees, 
approximately 90 percent of the NRC's budget authority for fiscal year 
(FY) 2010, less the amounts appropriated from the Nuclear Waste Fund, 
amounts appropriated for Waste Incidental to Reprocessing, and amounts 
appropriated for generic homeland security activities, as required by 
the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended.
Based on the Energy and Water Development and Related Agencies 
Appropriation Act, 2010, the NRC's required fee recovery amount for the 
FY 2010 budget is approximately $912.2 million. After accounting for 
billing adjustments (i.e., expected unpaid invoices, payments for prior 
year invoices), the total amount to be billed as fees is $911.1 
million. The OBRA-90, as amended, requires that the fees for FY 2010 be 
collected by September 30, 2010.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/10/10                    75 FR 11376
NPRM Comment Period End         04/09/10
Final Action                    06/00/10

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Rebecca I. Ericson, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001
Phone: 301 415-7126
Email: rebecca.ericson@nrc.gov

RIN: 3150-AI70
_______________________________________________________________________
Nuclear Regulatory Commission (NRC)                   Long-Term Actions

_______________________________________________________________________

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

Legal Authority: 42 USC 2201; 42 USC 5841

Abstract: The staff provided a draft proposed rule package on 
Controlling the Disposition of Solid Materials to the Commission on 
March 31, 2005, which the Commission disapproved. The Commission's 
decision was based on the fact that the Agency is currently faced with 
several high priority and complex tasks, that the current approach to 
review specific cases on an individual basis is fully protective of 
public health and safety, and that the immediate need for this rule has 
changed due to the shift in timing for reactor decommissioning. The 
Commission has deferred action on this rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kimyata Morgan Butler, Nuclear Regulatory Commission, 
Office of Federal and State Materials and Environmental Management 
Programs, Washington, DC 20555-0001
Phone: 301 415-0733
Email: kimyata.morganbutler@nrc.gov

RIN: 3150-AH18
[FR Doc. 2010-8980 Filed 04-23-10; 8:45 am]
BILLING CODE 7590-01-S