Nuclear Regulatory Commission January 2007 – Federal Register Recent Federal Regulation Documents
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Criticality Control of Fuel Within Dry Storage Casks or Transportation Packages in a Spent Fuel Pool; Confirmation of Effective Date
The Nuclear Regulatory Commission (NRC) is confirming the effective date of January 30, 2007, for the direct final rule that was published in the Federal Register on November 16, 2006 (71 FR 66648). This direct final rule amended the NRC's regulations that govern domestic licensing of production and utilization facilities so that the requirements governing criticality control for spent fuel pool storage racks do not apply to the fuel within a spent fuel transportation package or storage cask when a package or cask is in a spent fuel pool. These packages and casks are subject to separate criticality control requirements. This action is necessary to avoid applying two different sets of criticality control requirements to fuel within a package or cask in a spent fuel pool.
NRC Enforcement Policy; Proposed Plan for Major Revision
The Nuclear Regulatory Commission (NRC) is examining its Enforcement Policy (Enforcement Policy or Policy) and plans a major revision to clarify use of enforcement terminology and address enforcement issues in areas currently not covered in the Policy, including, for example, the agency's use of Alternative Dispute Resolution (ADR) in enforcement cases. The NRC requests comments on (1) what specific topics, if any, should be added or removed from the Policy; and (2) what topics currently addressed in the Policy, if any, require additional guidance. The NRC is soliciting written comments from interested parties including public interest groups, states, members of the public and the regulated industry, i.e., both reactor and materials licensees, vendors, and contractors. This request is intended to assist the NRC in its review of the Enforcement Policy; NRC does not intend to modify its emphasis on compliance with NRC requirements.
Secure Transfer of Nuclear Materials
The Nuclear Regulatory Commission (NRC) is amending its regulations to implement requirements for secure transfer of nuclear materials as required by Section 656 of the Energy Policy Act of 2005 (EPAct), signed into law on August 8, 2005. The final rule implements Section 656 by specifically excepting certain licensees from provisions of Section 170I of the Atomic Energy Act (AEA) of 1954, as amended.
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).
Massachusetts Attorney General; Receipt of Petition for Rulemaking; Reopening of Public Comment Period
On November 1, 2006 (71 FR 64169), the Nuclear Regulatory Commission (NRC) published for public comment a notice of receipt of a petition for rulemaking, dated August 25, 2006, which was filed with the Commission by Diane Curran on behalf of the Massachusetts Attorney General. The petition was docketed by the NRC on September 19, 2006, and has been assigned Docket No. PRM-51-10. On December 15, 2006, several external stakeholder groups requested a 60 day extension of the public comment period owing to the importance of the rulemaking, the voluminous technical documents that require careful review, and the occurrence of major national events (elections) and holidays (Thanksgiving, Christmas, Hanukkah, and New Years celebrations) during the comment period which limits the time available for stakeholders to comment. The NRC is reopening the comment period on the petition for an additional 60 days from the original January 16, 2007 deadline. The comment period closes on March 19, 2007.
Notice of Availability of Technical Specification Improvement To Modify Requirements Regarding Control Room Envelope Habitability Using the Consolidated Line Item Improvement Process
Notice is hereby given that the staff of the Nuclear Regulatory Commission (NRC) has prepared and is making available a model safety evaluation (SE) and a model no-significant-hazards- consideration (NSHC) determination relating to the modification of technical specification (TS) requirements regarding the habitability of the control room envelope (CRE) for referencing in license amendment requests (LARs). The NRC staff is also making available an associated model LAR for use by licensees to prepare such LARs. The TS modification is based on NRC staff approved changes to the improved standard technical specifications (STS) (NUREGs 1430-1434) that were proposed by the pressurized and boiling water reactor owners groups' Technical Specifications Task Force (TSTF) on behalf of the commercial nuclear electrical power generation industry, in STS change traveler TSTF-448, Revision 3 (Rev 3). Previously, on October 17, 2006, drafts of the model SE, model NSHC determination, and model LAR were published in the Federal Register for public comment (71 FR 61075). Based on its evaluation of the public comments received in response to that notice, the NRC staff made appropriate changes to the models, and is including the final versions of the models in this notice. This notice also contains a description of each public comment and its disposition by the NRC staff. Based on its evaluation of the public comments, the NRC staff has decided to announce the availability of the model SE and model NSHC determination to licensees for referencing in LARs to adopt TSTF-448, Rev 3, using the consolidated line item improvement process (CLIIP). An LAR that references the model SE and model NSHC determination will permit the NRC to efficiently process a license amendment that proposes to adopt the changes in TSTF-448, Rev 3. Licensees of nuclear power reactors proposing to adopt these changes should follow the guidance in the model LAR and confirm the applicability of the model SE and model NSHC determination to their reactors.
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: State Agreements Program, as authorized by Section 274(b) of the Atomic Energy Act. 2. Current OMB approval number: 3150-0029. 3. How often the collection is required: One time or as needed. 4. Who is required or asked to report: Thirty-four Agreement States who have signed Section 274(b) Agreements with NRC. 5. The number of annual respondents: 34. 6. The number of hours needed annually to complete the requirement or request: 1,066. 7. Abstract: Agreement States are asked on a one-time or as-needed basis to respond to a specific incident, to gather information on licensing and inspection practices and other technical statistical information. The results of such information requests, which are authorized under Section 274(b) of the Atomic Energy Act, are utilized in part by NRC in preparing responses to Congressional inquiries. Agreement State comments are also solicited in the areas of proposed procedure and policy development. Submit, by March 19, 2007, 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 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, Margaret A. Janney, U.S. Nuclear Regulatory Commission, T-5 F52, Washington, DC 20555-0001, by telephone at 301-415-7245, or by Internet electronic mail to: Infocollects@Nrc.gov.
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).
Export and Import of Nuclear Material; Exports to Libya Restricted
The Nuclear Regulatory Commission (NRC) is amending its export/import regulations by moving Libya from the list of embargoed destinations to the list of restricted destinations. This amendment is necessary to conform NRC's regulations with U.S. Government foreign policy.
Kaiser Aluminum & Chemical Corporation; Notice of Completion of Decommissioning of Kaiser Aluminum & Chemical Corporation Site, Tulsa, OK
The Nuclear Regulatory Commission (NRC) is noticing the completion of decommissioning activities at the Kaiser Tulsa Site located in Tulsa, Oklahoma.
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).
Petition for Rulemaking Filed by Scott Portzline, Three Mile Island Alert; Consideration of Petition
On November 2, 2001 (66 FR 55603), the Nuclear Regulatory Commission (NRC) published for public comment a petition for rulemaking (PRM) filed by Scott Portzline, Three Mile Island Alert. The petitioner requested that the NRC regulations governing physical protection of plants and materials be amended to require NRC licensees to post at least one armed guard at each entrance to the ``owner controlled areas'' (OCAs) surrounding all U.S. nuclear power plants. The petitioner states that this should be accomplished by adding armed site protection officers (SPOs) to the security forcesnot by simply moving SPOs from their protected area (PA) posts to the OCA entrances. The petitioner believes that its proposed amendment would provide an additional layer of security that would complement existing measures against radiological sabotage and would be consistent with the long- standing principle of defense-in-depth. This document informs the public that PRM-73-11 and public comments received in response to the above notice will be considered in a proposed rulemaking, ``Power Reactor Security Requirements,'' published in the Federal Register on October 26, 2006 (71 FR 62664). This rulemaking proposes extensive revisions to the NRC regulations in 10 CFR parts 50, 72, and 73 that address security requirements for nuclear power reactor licensees and certain materials licensees. The comment period on that proposed rule expires on February 23, 2007. Because the public has already had opportunity to comment on PRM-73-11, the NRC is requesting that comments focus on the proposed rule provisions in light of the subject PRM. Refer to the preamble of the proposed rule for instructions on how to provide comments.
Power Reactor Security Requirements; Extension of Comment Period
On October 26, 2006 (71 FR 62664), the Nuclear Regulatory Commission (NRC) published for public comment a proposed rule that would amend its current security regulations and would add new security requirements pertaining to nuclear power reactors. Additionally, this rulemaking includes new proposed security requirements for Category I strategic special nuclear material (SSNM) facilities for access to enhanced weapons and firearms background checks. The proposed rulemaking would: Make generically applicable security requirements imposed by Commission orders issued after the terrorist attacks of September 11, 2001, based upon experience and insights gained by the Commission during implementation; fulfill certain provisions of the Energy Policy Act of 2005; add several new requirements that resulted from insights from implementation of the security orders, review of site security plans, and implementation of the enhanced baseline inspection program and force-on-force exercises; update the regulatory framework in preparation for receiving license applications for new reactors; and impose requirements to assess and manage site activities that can adversely affect safety and security. A 75-day comment period was provided for the propose rule, set to expire on January 9, 2007. Comments specific to the information collection aspects of the proposed rule were due on November 27, 2006. The proposed rule deadline is extended from the original January 9, 2007, deadline to February 23, 2007, and the information collections analysis deadline is extended from the original November 27, 2006 deadline to January 11, 2007.
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