Nuclear Regulatory Commission May 2007 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) is announcing the availability of the final interim staff guidance (ISG) document, ``HLWRS-ISG-03 Preclosure Safety AnalysisDose Performance Objectives and Radiation Protection Program,'' and NRC responses to the public comments received on this document. The ISG clarifies or refines guidance provided in the Yucca Mountain Review Plan (YMRP) (NUREG-1804, Revision 2, July 2003). The YMRP provides guidance to NRC staff for evaluating a potential license application for a high-level radioactive waste geologic repository constructed or operated at Yucca Mountain, Nevada.

The Nuclear Regulatory Commission (NRC) has amended its regulations to include jurisdiction over certain radium sources, accelerator-produced radioactive materials, and certain naturally occurring radioactive material, as required by the Energy Policy Act of 2005 (EPAct), which was signed into law on August 8, 2005. The EPAct expanded the Atomic Energy Act of 1954 definition of byproduct material to include these radioactive materials. Subsequently, these radioactive materials were placed under NRC's regulatory authority. NRC is revising its regulations to provide a regulatory framework that includes these newly added radioactive materials. See SECY-07-0062, ``Final Rule: Requirements for Expanded Definition of Byproduct Material,'' dated April 3, 2007, for information on that rulemaking. Two licensing guidance documents in the NUREG-1556 series are being revised along with these new regulations to provide guidance related to the new requirements: (1) NUREG-1556, Volume 13, Revision 1, ``Consolidated Guidance About Materials LicensesProgram-Specific Guidance About Commercial Radiopharmacy Licenses,'' and (2) NUREG-1556, Volume 9, Revision 2, ``Consolidated Guidance About Materials LicensesProgram Specific Guidance About Medical Use Licenses.'' A new volume in the NUREG-1556 series is also being developed to address the production of radioactive material using an accelerator. This NUREG is entitled, ``NUREG-1556, Volume 21, ``Consolidated Guidance About Materials LicensesProgram-Specific Guidance About Possession Licenses for Production of Radioactive Material Using an Accelerator.'' This notice is announcing the availability of one of these three licensing guidance documents for public comment: NUREG-1556, Volume 21. NUREG-1556, Volume 13, Revision 1, and NUREG-1556, Volume 9, Revision 2, will be available for public comment in the near future by separate notices in the Federal Register.

The Nuclear Regulatory Commission (NRC) has received and requests public comment on a petition for rulemaking dated March 15, 2007, filed by Mark Edward Leyse. The petition has been docketed by the NRC and has been assigned Docket No. PRM-50-84. The petitioner is requesting that the NRC amend the regulations that govern domestic licensing of production and utilization facilities to require that nuclear power facilities be operated to limit the thickness of crud (corrosion products) layers and/or the thickness of oxide layers on fuel rod cladding surfaces. The petitioner also requests that the requirements pertaining to Emergency Core Cooling System (ECCS) evaluation models be amended to require that the steady-state temperature distribution and stored energy in reactor fuel at the onset of a postulated loss-of-coolant accident (LOCA) be calculated by factoring in the role that the thermal resistance of crud and/or oxide layers on cladding plays in increasing the stored energy in the fuel. Lastly, the petitioner requests that the acceptance criteria for emergency core cooling systems for light-water nuclear power reactors be amended to stipulate a maximum allowable percentage of hydrogen content in cladding of fuel rods.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to issue a generic letter (GL) to address the issue of gas intrusion into the emergency core cooling, decay heat removal, and containment spray systems (hereinafter referred to as the ``subject systems''). Specifically, the NRC is issuing this GL for the following two purposes: (1) to request addressees to submit information demonstrating that the subject systems are in compliance with the current licensing and design bases, and applicable regulatory requirements, and that suitable design, operational, and testing control measures are in place for maintaining this compliance, and (2) to collect the requested information to determine if additional regulatory action is required. This Federal Register notice is available through the NRC's Agencywide Documents Access and Management System (ADAMS) under accession number ML0704001003.

The Nuclear Regulatory Commission (NRC) is amending its regulations that govern organization and functions of NRC offices. This action is necessary to clarify emergency preparedness program responsibilities of the Office of Nuclear Security and Incident Response. The current limiting reference of ``nuclear reactors'' will be replaced with the phrase ``nuclear facilities.''

The U.S. Nuclear Regulatory Commission (NRC) is currently reviewing and updating numerous guides in the agency's Regulatory Guide (RG) Series. This series has been developed to describe and make available to the public methods that are acceptable to the NRC staff for implementing specific parts of the NRC's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for license amendments, permits, and licenses. The purpose of the ongoing review and update of the NRC's RGs is to ensure that the RGs contain complete, accurate, and current guidance for use by licensees and prospective applicants. The established regulatory guidance (as set forth in establishing new and revised RGs) provides a consistent approach for the staff to ensure that the regulatory requirements are met and thereby continue to protect the health and safety of the public and the environment. The NRC reviewed all of the approximately 480 RGs and draft RGs (DGs) to determine those that needed to be revised or developed. This resulted in categorizing the RGs and DGs into five groups. The first group contains approximately 30 RGs that needed to be revised or developed by March 2007 to support anticipated new reactor licensing activities later this year. The second group includes RGs that are planned to be revised or developed, and published by December 2008. The third group contains RGs that are planned to be revised or developed, and published by December 2009. The fourth group includes RGs that will be considered for withdrawal. The fifth group contains all remaining RGs that are not planned to be updated by December 2009. The lists of RGs for each of these five groups, including publication schedules and public comment periods, can be found at the NRC's Electronic Reading Room on the agency's public Web site at http:/ /www.nrc.gov/reading-rm/doc-collections/reg-guides/ and in the Agencywide Document Access and Management System (ADAMS) at ML071230154. The RG status information on the NRC's Web site will be updated periodically. Discussion: Through the years, the NRC has established 10 broad divisions of RGs. RGs in all 10 divisions were considered for updating under this program. The RG divisions can be found at the NRC's Electronic Reading Room on the agency's public Web site at www.nrc.gov/ reading-rm/doc-collections/reg-guides/ and are as follows: Division 1, Power Reactors Division 2, Research and Test Reactors Division 3, Fuels and Materials Facilities Division 4, Environmental and Siting Division 5, Materials and Plant Protection Division 6, Products Division 7, Transportation Division 8, Occupational Health Division 9, Antitrust and Financial Review Division 10, General Solicitation of Comments and Dates: The NRC is soliciting comments on the NRC's proposed prioritization of the groups 2, 3, 4 and 5 RGs. Specifically, comments are solicited for the following questions. Each comment should include supporting basis or rationale to enable the staff to fully understand the point of view being provided. 1. Which, if any, RGs identified as group 3 need to be developed or revised sooner, and thus, should be in group 2? 2. Which, if any, RGs identified as group 2 should not be developed or revised until after some other action is taken, and thus, should be in group 3? 3. Which, if any, RGs identified as groups 2, 3 and 5 are no longer useful or the guidelines are adequately addressed elsewhere and should be withdrawn (added to group 4)? (If the guidelines are addressed elsewhere, please state specifically where they are located.) 4. Which, if any, RGs that are not identified as group 2 or 3 need to be developed or revised by December 2009? (Please include specific reasons.) 5. Which, if any, RGs identified in group 4 should not be considered for withdrawal? (Please provide specific examples which demonstrate the need to maintain the RG.) Comments are requested within 30 days from the date of this Federal Register notice. The list of the RGs in each group and by division can be found at the NRC's Electronic Reading Room on the agency's public Web site at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/. The RG status information on the NRC's Web site will be updated periodically. Comment Procedures: Comments should be accompanied by relevant information or supporting data. Please mention RG Prioritization in the subject line of your comments. Comments submitted in writing or in electronic form will be made available to the public in their entirety through the NRC's ADAMS. Personal information will not be removed from your comments. You may submit comments by any one of the following methods: Mail comments to Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001 (MS T-6 D59). Hand-deliver comments to Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. on Federal workdays. Fax comments to Rulemaking, Directives and Editing Branch, Office of Administration, U.S. Nuclear Regulatory Commission, at (301) 415-5144. E-mail comments to NRCREP@nrc.gov. Submit comments via the NRC's rulemaking Web site at https://ruleforum.llnl.gov. Contact Information: Comments and questions about our rulemaking website should be addressed to Carol A. Gallagher at (301) 415-5905 or by e-mail to CAG@nrc.gov. Contact information for use in submitting comments is provided in the section on Comment Procedures. Comments or questions about the NRC's revision of regulatory guides should be addressed to Jimi T. Yerokun at (301) 415-0585 or by e-mail to JTY@nrc.gov.

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 4, ``Nondiscrimination in Federally Assisted Commission Programs''. 2. Current OMB approval number: OMB No. 3150-0053. 3. How often the collection is required: On occasion and annually. 4. Who is required or asked to report Recipients of Federal Financial Assistance provided by the NRC (including Agreement States, Educational Institutions and Other Nonprofit Organizations). 5. The number of annual respondents: 200. 6. The number of hours needed annually to complete the requirement or request: 3,600 hours (3,000 hrs for reporting or 5 hours per response/ 3 responses per year and 600 hours for recordkeeping or 3 hours per recordkeeper). 7. Abstract: Recipients of NRC financial assistance provide data to demonstrate assurance to NRC that they are in compliance with non- discrimination regulations and policies. Submit, by July 17, 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 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, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.

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 34 Licenses for Radiography and Radiation Safety Requirements for Radiographic Operations. 2. Current OMB approval number: OMB No. 3150-0007. 3. How often the collection is required: Applications for new licenses and amendments may be submitted at any time. Applications for renewal are submitted every 10 years. Reports are submitted as events occur. 4. Who is required or asked to report: Applicants for and holders of specific licenses authorizing the use of licensed radioactive material for radiography. 5. The number of annual respondents: 253 (55 NRC licensees and 198 Agreement State licensees). 6. The number of hours needed annually to complete the requirement or request: 199,176 hours. The NRC licensees total burden is 43,397 hours (72 reporting hrs [an average of 1.2 hours per response] plus 43,325 recordkeeping hrs [an average of 383 hours per recordkeeper]). The Agreement State licensees total burden is 155,728 hours (269 reporting hrs [an average of 1.4 hour per response] plus 155,459 recordkeeping hrs [an average of 382 hours per recordkeeper]). 7. Abstract: 10 CFR Part 34 establishes radiation safety requirements for the use of radioactive material in industrial radiography. The information in the applications, reports and records is used by the NRC staff to ensure that the health and safety of the public is protected and that licensee possession and use of source and byproduct material is in compliance with license and regulatory requirements. Submit, by July 17, 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 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, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV .

On January 16, 2007 (72 FR 1708) the Department of Defense (DoD), Department of Energy (DOE), U.S. Environmental Protection Agency (EPA), and the U.S. Nuclear Regulatory Commission (NRC) announced for public comment the availability of a draft document, entitled the ``Multi-Agency Radiation Survey and Assessment of Materials and Equipment Manual'' (MARSAME). A 90-day comment period was provided for the draft MARSAME that expired on April 16, 2007. A request for an extension to the comment period has been received from several stakeholders. The comment period for the draft manual has been reopened for an additional 30 days.

This document corrects a notice appearing in the Federal Register on May 4, 2007 (72 FR 25337). This action is necessary to publish an attachment that was inadvertently omitted.

The Nuclear Regulatory Commission (NRC) is proposing to amend its regulations revising the NAC International, Inc., NAC-Multi-Purpose Canister (MPC) system listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 5 to Certificate of Compliance (CoC) Number 1025. Amendment No. 5 would modify the CoC by revising the Technical Specifications (TS) to incorporate changes to the reporting and monitoring requirements to allow for visual inspection of the air inlet and outlet vents instead of thermal monitoring, revising the TS to incorporate guidance from NRC Interim Staff Guidance-22 and replace all references to backfilling the cask with air to backfilling with inert gas, revising the CoC description to remove the requirement for tamper-indicating devices on the Vertical Concrete Casks, and including several editorial changes to improve the clarity of the documents associated with the NAC-MPC system, under the general provisions that govern licensing requirements for the independent storage of spent nuclear fuel, high level radioactive waste, and reactor-related greater than Class C waste.

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 63, ``Disposal of High-Level Radioactive Wastes in a Proposed Geologic Repository at Yucca Mountain, Nevada.'' 2. Current OMB approval number: 3150-0199. 3. How often the collection is required: One time. 4. Who is required or asked to report: The State of Nevada, local governments, or affected Indian Tribes, or their representatives, requesting consultation with the NRC staff regarding review of the potential high-level waste geologic repository site, or wishing to participate in a license application review for the potential geologic repository. 5. The number of annual respondents: 3. 6. The number of hours needed annually to complete the requirement or request: 363 (An average of 40 hours per response for consultation requests, 80 hours per response for license application review participation proposals, and one hour per response for statements of representative authority). 7. Abstract: 10 CFR Part 63 requires the State of Nevada, local governments, or affected Indian Tribes to submit certain information to the NRC if they request consultation with the NRC staff concerning the review of the potential repository site, or wish to participate in a license application review for the potential repository. Representatives of the State of Nevada, local governments, or affected Indian Tribes must submit a statement of their authority to act in such a representative capacity. The information submitted by the State, local governments, and affected Indian Tribes is used by the Director of the Office of Nuclear Material Safety and Safeguards as a basis for decisions about the commitment of NRC staff resources to the consultation and participation efforts. Submit, by July 9, 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 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 requirement may be directed to the NRC Clearance Officer, Margaret A. Janney (T-5 F52), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-7245, or by Internet electronic mail to INFOCOLLECTS@NRC.GOV.

NRC will convene a public meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) June 12-13, 2007. A sample of agenda items to be discussed includes: (1) NARM legislation, transition plan, and guidance; (2) status of specialty board applications for NRC recognition; (3) units of air kerma strength vs. activity; (4) patient release and security checkpoints; (5) Y-90 microspheres guidance; (6) sentinel lymph node biopsies; (7) new modalities; (8) training and experience implementation issues. To review the agenda, see https:// www.nrc.gov/reading-rm/doc-collections/acmui/agenda/ or contact Ashley M. Tull. Contact information for Ms. Tull is provided below. Purpose: Discuss issues related to 10 CFR 35, Medical Use of Byproduct Material. Date and Time: June 12-13, 2007, from 8 a.m. to 5 p.m.