Energy Policy Act of 2005 Requirements; Treatment of Accelerator-Produced and Other Radioactive Material as Byproduct Material; Waiver
The Nuclear Regulatory Commission (NRC) is issuing a time- limited waiver of the requirements enacted by section 651(e) of the Energy Policy Act of 2005, titled ``Treatment of Accelerator-Produced and Other Radioactive Material as Byproduct Material'', as they pertain to byproduct material as defined in paragraphs (3) and (4) of section 11 e. of the Atomic Energy Act of 1954, as added by section 651(e). The waiver will allow persons owning, using, and otherwise engaging in activities involving the material to continue with their activities and States to continue to regulate this material during the applicable waiver period.
Notice of Opportunity To Comment on Model Safety Evaluation on Elimination of Typical License Condition Requiring Reporting of Violations of Section 2.C of Operating License Using the Consolidated Line Item Improvement Process
Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared a model safety evaluation (SE) relating to the elimination of the license condition involving reporting of violations of other requirements (typically in License Condition 2.C) in the operating license of some commercial nuclear power plants. The NRC staff has also prepared a model no significant hazards consideration (NSHC) determination relating to this matter. The purpose of these models is to permit the NRC to efficiently process amendments that propose to delete the reporting requirement. Licensees of nuclear power reactors to which the models apply could then request amendments, confirming the applicability of the SE and NSHC determination to its reactors. The NRC staff is requesting comment on the model SE and model NSHC determination prior to announcing their availability for referencing in license amendment applications.
Notice of Public Meeting of the Interagency Steering Committee on Radiation Standards�09�09
The U.S. Nuclear Regulatory Commission (NRC) will host a meeting of the Interagency Steering Committee on Radiation Standards (ISCORS) on September, 27, 2005, in Rockville, Maryland. The purpose of ISCORS is to foster early resolution and coordination of regulatory issues associated with radiation standards. Agencies represented on ISCORS include the NRC, U.S. Environmental Protection Agency, U.S. Department of Energy, U.S. Department of Defense, U.S. Department of Transportation, the Occupational Safety and Health Administration of the U.S. Department of Labor, U.S. Department of Health and Human Services, U.S. Department of Homeland Security. Representatives from the Office of Science and Technology Policy, Defense Nuclear Facilities Safety Board, Office of Management and Budget, State Department, Illinois Bureau of Radiation Safety, and Pennsylvania Bureau of Radiation Protection may be observers at meetings. The objectives of ISCORS are to: (1) Facilitate a consensus on allowable levels of radiation risk to the public and workers; (2) promote consistent and scientifically sound risk assessment and risk management approaches in setting and implementing standards for occupational and public protection from ionizing radiation; (3) promote completeness and coherence of Federal standards for radiation protection; and (4) identify interagency radiation protection issues and coordinate their resolution. ISCORS meetings include presentations by the chairs of the subcommittees and discussions of current radiation protection issues. Committee meetings normally involve pre-decisional intra-governmental discussions and, as such, are normally not open for observation by members of the public or media. ISCORS has adopted the practice of opening one of its meetings each year to all interested members of the public. There will be time on the agenda for members of the public to provide comments. The final agenda for the September meeting will be posted on the ISCORS Web site, http://www.iscors.org, shortly before the meeting. Participants are encouraged to (1) notify the contact below for pre-registration and (2) allow sufficient time for security screening prior to accessing the meeting.
List of Approved Spent Fuel Storage Casks: VSC-24 Revision, Confirmation of Effective Date
The Nuclear Regulatory Commission (NRC) is confirming the effective date of September 13, 2005, for the direct final rule that was published in the Federal Register on June 30, 2005 (70 FR 37647). This direct final rule amended the NRC's regulations to revise the VSC- 24 cask system listing to include Amendment No. 5 to Certificate of Compliance (CoC) No. 1007.
Standard Review Plan (NUREG-0800), Chapter 13.0, “Conduct of Operations,” Sections 13.1.2-13.1-3, “Operating Organization,” Revision 5, and Associated NUREG-1791, “Guidance for Assessing Exemption Requests From The Nuclear Power Plant Licensed Operator Staffing Requirements Specified in 10 CFR 50.54(m),” Dated July, 2005: Availability of NUREG Documents
The Nuclear Regulatory Commission is announcing the completion and availability of two NUREG documents: (1) NUREG-0800, Standard Review Plan, Chapter 13.0, ``Conduct of Operations,'' Sections 13.1-2, 13.1-3, ``Operating Organization,'' Rev. 5, dated July 2005; and, (2) NUREG-1791, ``Guidance for Assessing Exemption Requests From the Nuclear Power Plant Licensed Operator Staffing Requirements Specified in 10 CFR 50.54(m),'' dated July, 2005.
Fitness for Duty Programs
The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for Fitness for Duty (FFD) programs to update the rule and enhance consistency with advances in other relevant Federal rules and guidelines, including the U.S. Department of Health and Human Services Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Guidelines), and other Federal drug and alcohol testing programs that impose similar requirements on NRC licensees. The proposed amendments would require nuclear power plant licensees to strengthen the effectiveness of their FFD programs in ensuring against worker fatigue adversely affecting public health and safety and the common defense and security by establishing clear and enforceable requirements for the management of worker fatigue; and ensure consistency with the NRC's access authorization requirements for nuclear power plants. The proposed rule would ensure that individuals who are subject to these regulations are trustworthy and reliable, as demonstrated by avoiding substance abuse; are not under the influence of drugs or alcohol while performing their duties; and are not mentally or physically impaired from any other cause, that would in any way adversely affect their ability to perform their duties safely and competently. This proposed rule would also grant, in part, a petition for rulemaking (PRM-26-1) submitted by Virginia Electric and Power Company (now Dominion Virginia Power) on December 30, 1993, by relaxing several required FFD program audit frequencies, and would partially grant a petition for rulemaking (PRM-26-2) submitted by Barry Quigley on December 28, 1999.
Agency Information Collection Activities: Submission for the Office of Management and Budget (OMB) Review; Comment Request
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 current valid OMB control number. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 33 Specific Domestic Licenses of Broad Scope for Byproduct Material. 3. The form number if applicable: Not applicable. 4. 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. 5. Who will be required or asked to report: All applicants requesting a license of broad scope for byproduct material and all current licensees requesting renewal of a broad scope license. 6. An estimate of the number of responses: All of the information collections in Part 33 are captured under OMB clearance number 3150- 0120 for NRC Form 313. 7. The estimated number of annual respondents: See item 6, above. 8. An estimate of the number of hours needed annually to complete the requirement or request: See item 6 above. 9. An indication of whether Section 3507(d), Public Law 104-13 applies: Not applicable. 10. Abstract: 10 CFR Part 33 contains mandatory requirements for the issuance of a broad scope license authorizing the use of byproduct material. The subparts cover specific requirements for obtaining a license of broad scope. These requirements include equipment, facilities, personnel, and procedures adequate to protect health and minimize danger to life or property. 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 F23, Rockville, MD 20852. OMB clearance requests are available at the NRC worldwide web site: http:// www.nrc.gov/public-involve/doc-comment/omb/index.html. 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 September 26, 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 Asalone, Office of Information and Regulatory Affairs (3150- 0016), 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: Proposed Collection: Comment Request
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: 10 CFR Part 30Rules of General Applicability to Domestic Licensing of Byproduct Material. 2. Current OMB approval number: 3150-0017. 3. How often the collection is required: Required reports are collected and evaluated on a continuing basis as events occur. There is a one-time submittal of information to receive a license. Renewal applications are submitted every 10 years. Information submitted in previous applications may be referenced without being resubmitted. In addition, recordkeeping must be performed on an on-going basis. 4. Who is required or asked to report: All persons applying for or holding a license to manufacture, produce, transfer, receive, acquire, own, possess, or use radioactive byproduct material. 5. The estimated number of annual respondents: 20,631 (4,485 NRC licensees and 16,146 Agreement State licensees). 6. The number of hours needed annually to complete the requirement or request: 248,034 (NRC licensees 53,948 hours [25,983 reporting + 27,965 recordkeeping] and Agreement State licensees 194,086 hours [93,431 reporting + 100,655 recordkeeping] or 8.2 hours per response and 6.2 hours her recordkeeper). 7. Abstract: 10 CFR part 30 establishes requirements that are applicable to all persons in the United States governing domestic licensing of radioactive byproduct material. The application, reporting and recordkeeping requirements are necessary to permit the NRC to make a determination whether the possession, use, and transfer of byproduct material is in conformance with the Commission's regulations for protection of the public health and safety. Submit, by October 24, 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 World Wide Web site: http:// www.nrc.gov/publicinvolve/doc-comment/omb/index.html. 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 F52, Washington, DC 20555-0001, by telephone at 301-415-7233, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.
Notice of a Public Meeting Regarding Pa'ina Hawaii, LLC, License Application Request for the Operation of an Irradiator In Honolulu, HI
The U.S. Nuclear Regulatory Commission (NRC) received on June 27, 2005, from Pa'ina Hawaii, LLC, a Hawaiian owned company, an application to build and operate a commercial pool type industrial irradiator in Honolulu, Hawaii, near the Honolulu International Airport. This commercial irradiator will irradiate fresh fruit and vegetables bound for the mainland from the Hawaiian Islands, cosmetics, and pharmaceutical products. The irradiator will also be used by the applicant to conduct research and development projects, and irradiate a wide range of other materials as specifically approved by the NRC on a case-by-case basis. The NRC plans to hold a public meeting to solicit comments from members of the public on the proposed license application. The meeting is open to the public and all interested parties may attend. This meeting is the first of several public meetings that the NRC will hold in Hawaii to enhance public awareness of the NRC's independent regulatory role in protecting public health and safety and the environment, to allow public involvement in NRC decision-making matters associated with this license application, and to promote two-way communication on matters related to the NRC's licensing and inspection processes. The public is invited to participate in this meeting by providing comments and asking questions throughout the meeting.
State of Nevada; Denial of a Petition for Rulemaking
The U.S. Nuclear Regulatory Commission (NRC or Commission) is denying a petition for rulemaking submitted by the State of Nevada (PRM-51-8). The petitioner requests that NRC amend a decision reached in a 1990 rulemaking, referred to as the ``Waste Confidence'' decision, that at least one mined geologic repository will be available within the first quarter of the twenty-first century as well as a regulation making a generic determination of no significant environmental impact from the temporary storage of spent fuel after cessation of reactor operation which incorporates this decision. Petitioner believes that the decision and rule must be amended to avoid ``prejudging'' the outcome of the anticipated licensing proceeding on a potential application from the Department of Energy for a construction authorization for a geologic repository at the Yucca Mountain, Nevada site. The NRC is denying the petition because the petition fundamentally misconstrues the decision NRC reached in 1990 and because the information provided in the petition does not meet the criteria NRC set in 1999 for reopening the Waste Confidence findings. Further, the Commission's commitment to a fair and comprehensive adjudication on a potential license application for Yucca Mountain is not jeopardized by the 2025 date for repository availability. Under these circumstances, the Commission finds no reason to undertake the burden of reopening the Waste Confidence decision.
State of Nevada; Receipt of Petition for Rulemaking
The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking filed by the State of Nevada (petitioner). The petition has been docketed by the NRC and has been assigned Docket No. PRM-51-9. The petitioner is requesting that the NRC amend the regulation that governs adoption of an environmental impact statement prepared by the Secretary of Energy in proceedings for issuance of a construction authorization or materials license with respect to a geological repository. The petitioner believes that the current regulation, as written, violates the National Environmental Policy Act of 1969, as amended (NEPA), the Nuclear Waste Policy Act of 1982, as amended (NWPA), and a recent court of appeals decision.
Export and Import of Radioactive Materials: Security Policies; Correction
This document corrects a final rule appearing in the Federal Register on July 1, 2005 (70 FR 37985) amending the NRC's regulations pertaining to the export and import of radioactive materials. This action is necessary to correct typographical errors and to revise four amendatory changes.