Nuclear Regulatory Commission June 2005 – Federal Register Recent Federal Regulation Documents

Final Regulatory Guide: Issuance, Availability
Document Number: E5-3435
Type: Notice
Date: 2005-06-30
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Governors' Designees Receiving Advance Notification of Transportation of Nuclear Waste
Document Number: 05-12903
Type: Notice
Date: 2005-06-30
Agency: Nuclear Regulatory Commission, Agencies and Commissions
List of Approved Spent Fuel Storage Casks: VSC-24 Revision
Document Number: 05-12889
Type: Rule
Date: 2005-06-30
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations revising the BNG Fuel Solutions Corporation Ventilated Storage Cask (VSC-24) System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 5 to Certificate of Compliance Number (CoC No.) 1007. Amendment No. 5 will change the certificate holder's name from Pacific Sierra Nuclear Associates to BNG Fuel Solutions Corporation. No changes were required to be made to the VSC-24 Final Safety Analysis Report nor its Technical Specifications.
List of Approved Spent Fuel Storage Casks: VSC-24 Revision
Document Number: 05-12888
Type: Proposed Rule
Date: 2005-06-30
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations revising the BNG Fuel Solutions Corporation Ventilated Storage Cask (VSC-24) System listing within the ``List of approved spent fuel storage casks'' to include Amendment No. 5 to Certificate of Compliance Number (CoC No.) 1007. Amendment No. 5 would change the certificate holder's name from Pacific Sierra Nuclear Associates to BNG Fuel Solutions Corporation. No changes were required to be made to the VSC-24 Final Safety Analysis Report nor its Technical Specifications.
Advisory Committee on Reactor Safeguards; Meeting of the Subcommittee on Reactor Fuels; Notice of Meeting
Document Number: E5-3387
Type: Notice
Date: 2005-06-29
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Application for a License To Export High-Enriched Uranium
Document Number: E5-3342
Type: Notice
Date: 2005-06-28
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Sunshine Act; Meetings
Document Number: 05-12687
Type: Notice
Date: 2005-06-27
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Notice of Availability of Interim Staff Guidance Documents for Fuel Cycle Facilities
Document Number: 05-12639
Type: Notice
Date: 2005-06-27
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
Document Number: E5-3226
Type: Notice
Date: 2005-06-22
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 450, ``General Assignment''. 3. The form number if applicable: NRC form 450. 4. How often the collection is required: Once during the closeout process. 5. Who will be required or asked to report: Contractors, Grantees, and Cooperators. 6. An estimate of the number of annual responses: 100. 7. The estimated number of annual respondents: 100. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 200 hours (2 hours per response). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: N/A. 10. Abstract: During the contract closeout process, the NRC requires the contractor to execute a NRC Form 450, General Assignment. Completion of the form grants the government all rights, titles, and interest to refunds arising out of the contractor performance. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by July 22, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0114), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, (301) 415-7233.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
Document Number: E5-3225
Type: Notice
Date: 2005-06-22
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 48 CFR 20, U.S. Nuclear Regulatory Commission Acquisition Regulation (NRCAR). 3. The form number if applicable: N/A. 4. How often the collection is required: On occasion; one time. 5. Who will be required or asked to report: Offerors responding to NRC solicitations and contractors receiving awards from NRC. 6. An estimate of the number of annual responses: 3837. 7. The estimated number of annual respondents: 355. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 26,265 [25,462 hours reporting (7.3 hours per response) + 632.5 hours reporting (9.7 hours per recordkeeper)]. 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: N/A. 10. Abstract: The mandatory requirements of the NRCAR implement and supplement the government-wide Federal Acquisition Regulation, and ensure that the regulations governing the procurement of goods and services within the NRC satisfy the needs of the agency. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by July 22, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0169), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
Document Number: E5-3224
Type: Notice
Date: 2005-06-22
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: Grant and Cooperative Agreement Provisions. 3. The form number if applicable: N/A. 4. How often the collection is required: On occasion, one-time. 5. Who will be required or asked to report: Grantees and Cooperators. 6. An estimate of the number of annual responses: 148. 7. The estimated number of annual respondents: 60. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 1,160 hours [1,055 for reporting (17.58 hours per response) and 105 for recordkeeping (.57 hours per recordkeeper)]. 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: N/A. 10. Abstract: The Division of Contracts uses provisions, required to obtain or retain a benefit in its awards and cooperative agreements to ensure: Adherence to Public Laws, that the Government's rights are protected, that work proceeds on schedule, and that disputes between the Government and the recipient are settled. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by July 22, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0107), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to John A. Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.
Sunshine Act; Meetings
Document Number: 05-12438
Type: Notice
Date: 2005-06-22
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Agency Information Collection Activities: Proposed Collection: Comment Request
Document Number: E5-3201
Type: Notice
Date: 2005-06-21
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: NRC Form 313, ``Application for Material License''; and NRC Form 313A, ``Training and Experience and Preceptor Statement.'' 2. Current OMB approval number: 3150-0120. 3. How often the collection is required: There is a one-time submittal of information to receive a license. Once a specific license has been issued, there is a 10-year resubmittal of the information for renewal of the license. 4. Who is required or asked to report: All applicants requesting a license for byproduct or source material. 5. The estimated number of annual respondents: 15,914 (3,074 NRC licensees + 12,840 Agreement State licensees). 6. The number of hours needed annually to complete the requirement or request: 70,022 (13,526 hours for NRC licensees and 56,496 hours for Agreement State licensees). 7. Abstract: Applicants must submit NRC Forms 313, and 313A to obtain a specific license to possess, use, or distribute byproduct or source material. The information is reviewed by the NRC to determine whether the applicant is qualified by training and experience, and has equipment, facilities, and procedures which are adequate to protect the public health and safety, and minimize danger to life or property. Submit, by August 22, 2005, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-5 F53, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.
Exelon Generation Company, LLC; Notice of Issuance of Amendments to Facility Operating Licenses; Correction
Document Number: E5-3176
Type: Notice
Date: 2005-06-20
Agency: Nuclear Regulatory Commission, Agencies and Commissions
This document corrects a notice appearing in the Federal Register on June 7, 2005 (70 FR 33222), that incorrectly stated the date of issuance of amendments deleting the technical specification requirements related to hydrogen recombiners as May 19, 2005. The correct date of issuance of the amendments is May 26, 2005.
Safety Evaluation Report for the Proposed National Enrichment Facility in Lea County, NM, NUREG-1827; Notice of Availability
Document Number: E5-3174
Type: Notice
Date: 2005-06-20
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Notice is hereby given that the Nuclear Regulatory Commission (NRC) has issued a Safety Evaluation Report (SER) for the Louisiana Energy Services (LES) license application, dated December 12, 2003, docketed on January 30, 2004, and as revised by letters dated February 27, 2004, July 30, 2004, September 30, 2004, April 22, 2005, April 29, 2005, and May 25, 2005, for the possession and use of source, byproduct, and special nuclear materials at its proposed National Enrichment Facility (NEF) in Lea County, New Mexico. The SER discusses the results of the safety review performed by NRC staff in the following areas: General information, organization and administration, Integrated Safety Analysis (ISA) and ISA Summary, radiation protection, nuclear criticality safety, chemical process safety, fire safety, emergency management, environmental protection, decommissioning, management measures, materials control and accountability, and physical protection. The NRC is planning to conduct a public meeting in New Mexico to provide an overview of the staff's safety review and to address any comments or questions relating to the issuance of the SER.
Agency Information Collection Activities: Proposed Collection; Comment Request
Document Number: E5-3135
Type: Notice
Date: 2005-06-17
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35). Information pertaining to the requirement to be submitted: 1. The Title of the Information Collection: Voluntary Reporting of Performance Indicators. 2. Current OMB Approval Number: 3150-0195. 3. How Often the Collection Is Required: Quarterly. 4. Who Is Required or Asked To Report: Power reactor licensees. 5. The Number of Annual Respondents: 104 reactors. 6. The Number of Hours Needed Annually To Complete the Requirement or Request: 84,520 (83,200 hours for reporting plus 1,320 recordkeeping hours for 33 recordkeepers). 7. Abstract: As part of a joint industry-NRC initiative, the NRC receives information submitted voluntarily by power reactor licensees regarding selected performance attributes known as performance indicators (PIs). PIs are objective measures of the performance of licensee systems or programs. The NRC's reactor oversight process uses PI information, along with the results of audits and inspections, as the basis for NRC conclusions regarding plant performance and necessary regulatory response. Licensees transmit PIs electronically to reduce burden on themselves and the NRC. Submit, by August 16, 2005, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at (301) 415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.
TXU Generation Company, LP; Notice of Withdrawal of Application for Amendments to Facility Operating Licenses
Document Number: E5-3134
Type: Notice
Date: 2005-06-17
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Advisory Committee on Reactor Safeguards Subcommittee Meeting on Planning and Procedures; Notice of Meeting
Document Number: E5-3133
Type: Notice
Date: 2005-06-17
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Advisory Committee on Reactor Safeguards; Meeting Notice
Document Number: E5-3132
Type: Notice
Date: 2005-06-17
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
Document Number: E5-3087
Type: Notice
Date: 2005-06-16
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR Part 54, ``Requirements for Renewal of Operating Licenses for Nuclear Power Plants''. 3. The form number if applicable: N/A. 4. How often the collection is required: One-time submission with application for renewal of an operating license for a nuclear power plant and occasional collections for holders of renewed licenses. 5. Who will be required or asked to report: Commercial nuclear power plant licensees who wish to renew their operating licenses. 6. An estimate of the number of annual responses: 26. 7. The estimated number of annual respondents: 17. 8. An estimate of the total number of hours needed annually to complete the requirement or request: Approximately 148,000 hours (128,000 hours one-time reporting burden and 20,000 hours recordkeeping burden). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: N/A. 10. Abstract: 10 CFR part 54 of the NRC regulations, ``Requirements for Renewal of Operating Licensees for Nuclear Power Plants,'' specifies the procedures, criteria, and standards governing nuclear power plant license renewal, including information submittal and recordkeeping requirements, so that the NRC may make determinations that extension of the license term will continue to ensure the health and safety of the public. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by July 18, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150-0155), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.
Andrew J. Spano, County of Westchester, NY; Receipt of Petition for Rulemaking
Document Number: 05-11800
Type: Proposed Rule
Date: 2005-06-15
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking, dated May 10, 2005, which was filed with the Commission by Andrew J. Spano, County Executive, Westchester County, New York. The petition was docketed by the NRC on May 13, 2005, and has been assigned Docket No. PRM-54-02. The petitioner requests that the NRC amend its regulations to provide that a renewed license will be issued only if the plant operator demonstrates that the plant meets all criteria and requirements that would be applicable if the plant was being proposed de novo for initial construction.
James Salsman, Receipt of Petition for Rulemaking
Document Number: 05-11799
Type: Proposed Rule
Date: 2005-06-15
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking, dated May 6, 2005, which was filed with the Commission by James Salsman. The petition was docketed by the NRC on May 13, 2005, and has been assigned Docket No. PRM-20-26. The petitioner requests that the NRC amend its regulations to modify exposure and environmental limits of heavy metal radionuclides.
Agency Information Collection Activities: Proposed Collection: Comment Request
Document Number: E5-3064
Type: Notice
Date: 2005-06-14
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC is preparing a submittal to OMB for review of continued approval of information collections under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: NRC Form 483, ``Registration Certificatein vitro Testing with Byproduct Material Under General License''. 2. Current OMB approval number: 3150-0038. 3. How often the collection is required: There is a one-time submittal of information to receive a validated copy of NRC Form 483 with an assigned registration number. In addition, any changes in the information reported on NRC Form 483 must be reported in writing to the Commission within 30 days after the effective date of such change. 4. Who is required or asked to report: Any physician, veterinarian in the practice of veterinary medicine, clinical laboratory or hospital which desires a general license to receive, acquire, possess, transfer, or use specified units of byproduct material in certain in vitro clinical or laboratory tests. 5. The estimated number of annual respondents: 364 (104 NRC licensees and 260 Agreement State licensees). 6. The number of hours needed annually to complete the requirement or request: 42 hours (12 hours NRC licensees and 30 hours Agreement State licensees). 7. Abstract: Section 31.11 of 10 CFR establishes a general license authorizing any physician, clinical laboratory, veterinarian in the practice of veterinary medicine, or hospital to possess certain small quantities of byproduct material for in vitro clinical or laboratory tests not involving the internal or external administration of the byproduct material or the radiation therefrom to human beings or animals. Possession of byproduct material under 10 CFR 31.11 is not authorized until the physician, clinical laboratory, veterinarian in the practice of veterinary medicine, or hospital has filed NRC Form 483 and received from the Commission a validated copy of NRC Form 483 with a registration number. Submit, by August 15, 2005, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? A copy of the draft supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions about the information collection requirements may be directed to the NRC Clearance Officer, Brenda Jo. Shelton, U.S. Nuclear Regulatory Commission, T-5 F53, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.
Advisory Committee on the Medical Uses of Isotopes: Meeting Notice
Document Number: E5-3062
Type: Notice
Date: 2005-06-14
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The U.S. Nuclear Regulatory Commission will convene a teleconference meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on June 28, 2005. The topic of discussion will be ``Update to Medical Event Criteria Definition.'' During this discussion, an ACMUI subcommittee will forward to the full ACMUI its recommendation(s) regarding revision of the medical event criteria definition in 10 CFR part 35, ``Medical Use of Byproduct Material,'' as this definition applies to medical events involving permanent implant brachytherapy. NRC staff is seeking the ACMUI's recommendations on this issue, as well as any recommendations on communicating associated risks to the public.
Sunshine Act Meeting
Document Number: 05-11789
Type: Notice
Date: 2005-06-14
Agency: Nuclear Regulatory Commission, Agencies and Commissions
Public Records
Document Number: 05-11714
Type: Rule
Date: 2005-06-14
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The Nuclear Regulatory Commission (NRC) is amending its regulations to reflect changes regarding officials who initially deny access to records or deny access to records whose initial denial has been appealed, and to reflect a change of an appellate official due to a reorganization. This amendment authorizes 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 NRC's regulations. An appeal of a denial of request for waiver or reduction of fees, or denial of a request for expedited processing is made to the Executive Director for Operations, rather than the Secretary of the Commission. The final rule establishes NRC procedures to give predisclosure notification to submitters of confidential business or commercial information, and makes a number of additional clarifying and conforming amendments.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
Document Number: E5-3054
Type: Notice
Date: 2005-06-13
Agency: Nuclear Regulatory Commission, Agencies and Commissions
The NRC has recently submitted to OMB for review the following proposal for the collection of information under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: Notice of Enforcement Discretion (NOEDs) for Operating Power Reactors and Gaseous Diffusion Plants (GDP). 3. The form number if applicable: Not applicable. 4. How often the collection is required: On occasion. 5. Who will be required or asked to report: Nuclear power reactor licensees and gaseous diffusion plant certificate holders. 6. An estimate of the number of annual responses: 26. 7. The estimated number of annual respondents: 11. 8. An estimate of the total number of hours needed annually to complete the requirement or request: 1,991 hours (1810 reporting [121 hours per response] and 181 recordkeeping [16.45 hours per recordkeeper]). 9. An indication of whether Section 3507(d), Pub. L. 104-13 applies: Not applicable. 10. Abstract: The NRC's Enforcement Policy addresses circumstances in which the NRC may exercise enforcement discretion. A specific type of enforcement discretion is designated as a Notice of Enforcement Discretion (NOED) and relates to circumstances which may arise where a nuclear power plant licensee's compliance with a Technical Specification Limiting Condition for Operation or with other license conditions would involve an unnecessary plant transient or shutdown, or performance of testing, inspection, or system realignment that is inappropriate for the specific plant conditions, or unnecessary delays in plant startup without a corresponding health and safety benefit. Similarly, for a gaseous diffusion plant, circumstances may arise where compliance with a Technical Safety Requirement or other condition would unnecessarily call for a total plant shutdown, or, notwithstanding that a safety, safeguards or security feature was degraded or inoperable, compliance would unnecessarily place the plant in a transient or condition where those features could be required. A licensee or certificate holder seeking the issuance of an NOED must provide a written justification, in accordance with guidance provided in NRC Inspection Manual, Part 9900, which documents the safety basis for the request and provides whatever other information the NRC staff deems necessary to decide whether or not to exercise discretion. A copy of the final supporting statement may be viewed free of charge at the NRC Public Document Room, One White Flint North, 11555 Rockville Pike, Room O-1 F21, Rockville, MD 20852. OMB clearance requests are available at the NRC Worldwide Web site: https:// www.nrc.gov/public-involve/doc-comment/omb/. The document will be available on the NRC home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by July 13, 2005. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. John A. Asalone, Office of Information and Regulatory Affairs (3150- 0136), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to JohnA.Asalone@omb.eop.gov or submitted by telephone at (202) 395-4650. The NRC Clearance Officer is Brenda Jo. Shelton, 301-415-7233.
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