Nuclear Regulatory Commission March 2008 – Federal Register Recent Federal Regulation Documents

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 354, ``Data Report on Spouse.'' 2. Current OMB approval number: 3150-0026. 3. How often the collection is required: On occasion. 4. Who is required or asked to report: NRC contractors, licensees, applicants and others (e.g. intervenor's) who marry or cohabitate after completing the Personnel Security Forms, or after having been granted an NRC access authorization or employment clearance. 5. The number of annual respondents: 60. 6. The number of hours needed annually to complete the requirement or request: 12 hours (0.2 hours per response). 7. Abstract: NRC Form 354 must be completed by NRC contractors, licensees, and applicants who marry or cohabitate after completing the Personnel Security Forms, or after having been granted an NRC access authorization or employment clearance. Form 354 identifies the respondent, the marriage, and data on the spouse and spouse's parents. This information permits the NRC to make initial security determinations and to assure there is no increased risk to the common defense and security. Submit, by May 30, 2008, 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 e-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 72, Licensing Requirements for the Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste. 2. Current OMB approval number: 3150-0132. 3. How often the collection is required: Required reports are collected and evaluated on a continuing basis as events occur; submittal of reports varies from less than one per year under some rule sections to up to an average of about 100 per year under other rule sections. Applications for new licenses, certificates of compliance (CoCs), and amendments may be submitted at anytime; applications for renewal of licenses are required every 20 years for an Independent Spent Fuel Storage Installation (ISFSI) or Certificate of Compliance (CoC) and every 40 years for a Monitored Retrievable Storage (MRS) facility. 4. Who is required or asked to report: Certificate holders of casks for the storage of spent fuel; licensees and applicants for a CoC or a license to possess power reactor spent fuel and other radioactive materials associated with spent fuel storage in an ISFSI; and the Department of Energy for licenses to receive, transfer, package and possess power reactor spent fuel, high-level waste, and other radioactive materials associated with spent fuel and high-level waste storage in an MRS. 5. The number of annual respondents: 50. 6. The number of hours needed annually to complete the requirement or request: 25,551 (22,781 hours for reporting [71 hours per response] and 2,770 hours for recordkeeping [55 hours per recordkeeper]). 7. Abstract: 10 CFR Part 72 establishes mandatory requirements, procedures, and criteria for the issuance of licenses to receive, transfer, and possess power reactor spent fuel and other radioactive materials associated with spent fuel storage in an ISFSI, as well as requirements for the issuance of licenses to the Department of Energy to receive, transfer, package, and possess power reactor spent fuel and high-level radioactive waste, and other associated radioactive materials in an MRS. The information in the applications, reports, and records is used by NRC to make licensing and other regulatory determinations. Submit, by May 27, 2008, 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 e-mail to INFOCOLLECTS@NRC.GOV.

The NRC is soliciting public comment on its Proposed Interim Staff Guidance COL/DC-ISG-005. This interim staff guidance supplements the guidance provided to the staff in Chapter 11, ``Radioactive Waste Management,'' of NUREG-0800, ``Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants,'' concerning the review of radioactive releases in gaseous and liquid effluents (GALE) to support design certification and combined license applications. This guidance provides a clarification on the use of a newer version of the boiling-water reactor and pressurized-water reactors GALE codes that is not referenced in the current NRC guidance. Upon receiving public comments, the NRC staff will evaluate and disposition the comments, as appropriate. Once the NRC staff completes the COL/DC-ISG-005, it will be issued for NRC and industry use. The NRC staff will also incorporate the approved COL/DC-ISG-005 into the next revision of the SRP and related guidance documents.

The U.S. Nuclear Regulatory Commission (NRC) seeks qualified candidates for the Advisory Committee on Reactor Safeguards (ACRS). Submit r[eacute]sum[eacute]s to Ms. Janet Riner, Executive Secretary, ACRS/ACNW&M, Mail Stop T2E-26, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, or e-mail JML1@NRC.GOV.

On January 22, 2008 (73 FR 3812), the Nuclear Regulatory Commission (NRC) published for public comment a proposed rule on Decommissioning Planning. The public comment period for this proposed rule was to have expired on April 7, 2008. The Nuclear Energy Institute (NEI) and several other stakeholders have requested an extension of 90 days. After due consideration of the requests and considering the staff's previous efforts at public outreach during this rulemaking, the NRC has decided to extend the comment period by 30 days, until May 8, 2008. In a letter dated February 29, 2008, NEI requested the additional time to provide review of the legacy site issues raised in the proposed rule, and to provide input to the NRC staff regarding the specific proposed rule text, potential unintended consequences of the rulemaking, and draft regulatory guidance released with the proposed rule.

The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM-51-1) submitted by the New England Coalition on Nuclear Pollution (now New England Coalition (NEC)). The petitioner requested that the NRC revise the value for radon-222 in Table S-3, ``Table of Uranium Fuel Cycle Environmental Data,'' of 10 CFR part 51, ``Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions,'' because it did not disclose the long- term and long-range health effects of radon gas released from uranium mill tailings piles.

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. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on January 2, 2008. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR Part 73 ``Physical Protection of Plants and Materials.'' 3. Current OMB approval number: 3150-0002. 4. The form number if applicable: Not applicable. 5. How often the collection is required: On occasion, with the exception of the initial submittal of revised Security Plans, Safeguards Contingency Plans, and Security Training and Qualification Plans. Required reports are submitted and evaluated as events occur. 6. Who will be required or asked to report: Nuclear power reactor licensees, licensed under 10 CFR Part 50 or 52 who possess, use, import, export, transport, or deliver to a carrier for transport, special nuclear material; Category I fuel facilities; Category II and III facilities; research and test reactors; and 262 other nuclear materials licensees. 7. An estimate of the number of annual responses: 86,264 (85,880 plus 384 recordkeepers). 8. The estimated number of annual respondents: 384. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 578,863 hours (85,441 reporting [approximately 1 hour per response] and 493,422 recordkeeping [1,285 hours per recordkeeper]). 10. Abstract: NRC regulations in 10 CFR Part 73 prescribe requirements to establish and maintain a physical protection system and security organization with capabilities for protection of: (1) Special nuclear material (SNM) at fixed sites, (2) SNM in transit, and (3) plants in which SNM is used. The objective is to ensure that activities involving special nuclear material are consistent with interests of common defense and security and that these activities do not constitute an unreasonable risk to public health and safety. The information in the reports and records submitted by licensees is used by the NRC staff to ensure that the health and safety of the public and the environment are protected, and licensee possession and use of special nuclear material is in compliance with license and regulatory requirements. 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 April 18, 2008. 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. Nathan J. Frey, Office of Information and Regulatory Affairs (3150- 0002), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Nathan_J._Frey@omb.eop.gov or submitted by telephone at (202) 395-7345. The NRC Clearance Officer is Margaret A. Janney, (301) 415-7245.

Section 651(e) of the Energy Policy Act of 2005 (EPAct) authorized the U.S. Nuclear Regulatory Commission (Commission or NRC) to issue a time-limited waiver (70 FR 51581; August 31, 2005) to allow continued use and possession of naturally-occurring and accelerator- produced radioactive materials (NARM) while the Commission developed a regulatory framework for regulation of the new byproduct material. The Commission has begun terminating the time-limited waiver in phases in accordance to the provisions of the ``Plan for the Transition of Regulatory Authority Resulting from the Expanded Definition of Byproduct Material'' (transition plan) issued by the Commission on October 19, 2007 (72 FR 59157). The first phase of waiver terminations occurred on November 30, 2007. This document provides advance notification that on September 30, 2008, the Commission will terminate the time-limited waivers for the following non-Agreement States and remaining U.S. Territories that have been included in Phase 2. Guam, Idaho, Missouri, South Dakota, Vermont, West Virginia, and all territories and possessions of the U.S. that were not identified as part of the first phase of waiver terminations. As provided in the transition plan, users of NARM in non-Agreement States and U.S. Territories will be required to (1) apply for license amendments for the new byproduct material within 6 months from the date the waiver is terminated, if they hold an NRC specific byproduct materials license; or (2) submit a license application for the new byproduct material within 12 months from the date the waiver is terminated for their State or territory.

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). 1. The title of the information collection: 48 CFR 20, U.S. Nuclear Regulatory Commission Acquisition Regulation (NRCAR). 2. Current OMB control number: 3150-0169. 3. How often the collection is required: on occasion; one time. 4. Who is required or asked to respond: There are 355 potential contractors who could respond to NRC solicitations. 5. The number of annual responses: 3,482 annually from 355 respondents. 6. The number of hours needed annually to complete the requirement or request: There is both a reporting and recordkeeping burden associated with this collection. The NRC estimates there will be 3,482 report submissions amounting to 25,462 burden hours annually. The annual recordkeeping burden is estimated to be 633 hours for 65 respondents. This amounts to an overall annual burden of 26,095 hours. 7. Abstract: The mandatory requirements of the NRCAR implement and supplement the government-wide Federal Acquisition Regulation (FAR), and ensure that the regulations governing the procurement of goods and services within the NRC satisfy the particular needs of the agency. Because of differing statutory authorities among Federal agencies, the FAR authorizes agencies to issue regulations to implement FAR policies and procedures internally and to include additional policies and procedures, solicitation provisions or contract clauses to satisfy the specific need of the agency. Submit, by May 16, 2008, 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 email to INFOCOLLECTS@NRC.GOV.