Technical Specifications-Restoring the Original Paragraph Designations
The Nuclear Regulatory Commission (NRC) is amending its regulations to resolve an administrative issue raised in a petition for rulemaking (PRM) submitted by the Strategic Teaming and Resource Sharing (STARS) Integrated Regulatory Affairs Group (PRM-50-91). In this final rule, the NRC is restoring the original paragraph designations as existed in 10 CFR 50.36 before the 2007 Part 52 final rulemaking. This final rule eliminates the need for licensees to expend resources on administrative redesignations that have no safety benefit.
David Lochbaum on Behalf of the Project on Government Oversight and the Union of Concerned Scientists
The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking submitted by Mr. David Lochbaum on behalf of the Project on Government Oversight (POGO) and the Union of Concerned Scientists (UCS) on February 23, 2007. The petitioner requested that the NRC amend its regulations governing domestic licensing of production and utilization facilities to require periodic demonstrations by applicable local, State, and Federal entities to ensure that nuclear power plants can be adequately protected against radiological sabotage by adversaries with capabilities that exceed those posed by the design basis threat (DBT).
Adjustment of Civil Penalties for Inflation
The Nuclear Regulatory Commission (NRC) is amending its regulations to adjust the maximum Civil Monetary Penalties (CMPs) it can assess under statutes within the jurisdiction of the NRC. These changes were mandated by Congress in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The NRC is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy Act of 1954, as amended, (AEA) or any regulation or order issued under the AEA from $130,000 to $140,000 per violation per day. Further, the provisions concerning program fraud civil penalties are being amended by adjusting the maximum CMP under the Program Fraud Civil Remedies Act from $6,000 to $7,000 for each false claim or statement.
Advisory Committee on the Medical Uses of Isotopes: Meeting Notice
NRC will convene a meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) October 27-28, 2008. A sample of agenda items to be discussed during the public session includes: (1) ACMUI subcommittee reports on cesium chloride (CsCl), permanent implant brachytherapy rulemaking, and fingerprinting; (2) Y-90 microsphere brachytherapy licensing guidance; (3) potential changes to 10 CFR Parts 20 and 35; (4) patient needs, concerns, and rights in radiation medicine; (5) infiltration of fluorine-18 (F-18) and therapeutic radiopharmaceuticals as medical events; (6) status of recommendations for modifying training and experience attestation requirements; (7) status of technical basis for the Petition for Rulemaking (PRM) 35-20 (Ritenour) and follow-up; (8) Potential rulemaking and associated Regulatory Issue Summary (RIS) regarding multiple RSOs on a medical-use license; (9) status of current and future 10 CFR Part 35 rulemaking; and (10) medical isotope shortages. A copy of the agenda will be available at http://www.nrc.gov/reading-rm/doc-collections/acmui/agenda or by e-mailing Ms. Ashley Tull at the contact information below. Purpose: Discuss issues related to 10 CFR Part 35 Medical Use of Byproduct Material. Date and Time for Closed Sessions: October 27, 2008 from 8 a.m. to 9 a.m. This session will be closed so that ACMUI can discuss internal Committee business and receive annual ethics training. Date and Time for Open Sessions: October 27, 2008, from 9 a.m. to 5 p.m. and October 28, 2008, from 8 a.m. to 4 p.m. Address for Public Meeting: U.S. Nuclear Regulatory Commission, Two White Flint North Building, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland 20852. Public Participation: Any member of the public who wishes to participate in the meeting should contact Ms. Tull using the information below.
Correction to Notice of Availability of Draft Generic Environmental Impact Statement for In-Situ Leach Uranium Milling Facilities
On July 28, 2008, the U.S. Nuclear Regulatory Commission (NRC) issued a notice for public comment of a Draft Generic Environmental Impact Statement (Draft GEIS) that identifies and evaluates on a programmatic basis, the potential environmental impacts from the construction, operation, aquifer restoration, and decommissioning at in-situ leach (ISL) uranium milling facilities located in particular regions of the western United States (73 FR 43795). In that notice, the NRC also provided information on eight public meetings to be hosted by the NRC that would allow the NRC staff to present an overview of the Draft GEIS and to accept oral and written public comments on the Draft GEIS from interested members of the public. Corrected dates and associated information is provided below for two of those meetings: Meeting Date: September 23, 2008, 7 p.m. to 9:30 p.m. Meeting Location: Best Western Tower West Lodge, 109 North U.S. Highway 14 & 16, Gillette, WY 82716, Phone (307) 686-2210. Meeting Date: September 25, 2008, 7 p.m. to 9:30 p.m. Meeting Location: Best Western Ramkota Hotel, 800 N. Poplar Road, Casper, WY 82601, Phone (307) 266-6000. For each meeting, members of the NRC staff will be available for informal discussions with members of the public from 6 p.m. to 7 p.m. The formal meeting and associated NRC presentation will begin at 7 p.m. Interested persons may register to speak at the meetings. Depending on the number of speakers for a meeting, each speaker may be limited in the amount of time allocated for their comments so that all speakers will have an opportunity to offer comments.
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 currently valid OMB control number. The NRC published a Federal Register Notice with a 60-day comment period on this information collection on May 30, 2008. 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. Current OMB approval number: 3150-0015. 4. The form number if applicable: N/A. 5. 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. 6. 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. 7. An estimate of the number of annual responses: All of the information collections in Part 33 are captured under OMB clearance number 3150-0120 for NRC Form 313. 8. The estimated number of annual respondents: See Item 7. 9. An estimate of the total number of hours needed annually to complete the requirement or request: See Item 7. 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 F21, 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 October 20, 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.
``Project PlanFire-Induced Failure Modes and Effects Testing of Direct Current Driven Control Cables,'' Draft for Public Comment
The NRC is making the proposed draft test plan, ``Project PlanFire-Induced Failure Modes and Effects Testing of Direct Current Driven Control Cables,'' available for public comment.
NRC Enforcement Policy Revision
The Nuclear Regulatory Commission (NRC) is revising its Enforcement Policy (Enforcement Policy or Policy) to more appropriately address the various areas that the NRC regulates, providing a framework that supports consistent implementation of the Enforcement Policy. A notice was published on January 25, 2007, announcing that the NRC was undertaking a major revision of the Enforcement Policy to clarify the use of terms and update the Policy, removing outdated information and adding information addressing enforcement issues in areas that are not currently directly addressed in the Policy. The NRC is now soliciting written comments from interested parties including public interest groups, states, members of the public and the regulated industry, i.e., reactor and materials licensees, vendors, and contractors, on the proposed revised Policy. This request is intended to assist the NRC in revising the Enforcement Policy; NRC does not intend to modify its emphasis on compliance with NRC requirements.
NRC Enforcement Policy: Extension of Discretion Period of Interim Enforcement Policy
The U.S. Nuclear Regulatory Commission (NRC) is revising the NRC ``Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire Protection Issues'' (Title 10 of the Code of Federal Regulations (10 CFR) 50.48 ``Fire Protection''), which will allow a licensee the option to request an extended enforcement discretion period if they are pursuing transition to 10 CFR 50.48(c), ``National Fire Protection Association Standard NFPA 805.''
Industry Codes and Standards; Amended Requirements
The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to incorporate by reference the 2004 Edition of Section III, Division 1, and Section XI, Division 1, of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (BPV Code), and the 2004 Edition of the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) to provide updated rules for constructing and inspecting components and testing pumps, valves, and dynamic restraints (snubbers) in light-water nuclear power plants. The NRC also is incorporating by reference ASME Code Cases N-722, ``Additional Examinations for PWR [pressurized water reactor (PWR)] Pressure Retaining Welds in Class 1 Components Fabricated with Alloy 600/82/182 Materials, Section XI, Division 1,'' and N-729-1, ``Alternative Examination Requirements for PWR Reactor Vessel Upper Heads With Nozzles Having Pressure-Retaining Partial-Penetration Welds, Section XI, Division 1,'' both with conditions. The amendment also removes certain obsolete requirements specified in the NRC's regulations. This action is in accordance with the NRC's policy to periodically update the regulations to incorporate by reference new editions and addenda of the ASME Codes and is intended to maintain the safety of nuclear reactors and make NRC activities more effective and efficient.
Appointments to Performance Review Boards for Senior Executive Service
The U.S. Nuclear Regulatory Commission (NRC) has announced the following appointments to the NRC Performance Review Boards. The following individuals are appointed as members of the NRC Performance Review Board (PRB) responsible for making recommendations to the appointing and awarding authorities on performance appraisal ratings and performance awards for Senior Executives and Senior Level employees: Darren B. Ash, Deputy Executive Director for Corporate Management, Office of the Executive Director for Operations. R.W. Borchardt, Executive Director for Operations. Elmo E. Collins, Jr., Regional Administrator, Region IV. Karen D. Cyr, General Counsel. Margaret M. Doane, Director, Office of International Programs. James E. Dyer, Chief Financial Officer. Timothy F. Hagan, Director, Office of Administration. Michael R. Johnson, Director, Office of New Reactors. Eric J. Leeds, Director, Office of Nuclear Reactor Regulation. Bruce S. Mallet, Deputy Executive Director for Reactor and Preparedness Programs, Office of the Executive Director for Operations. Charles L. Miller, Director, Office of Federal and State Materials and Environmental Management Programs. Martin J. Virgilio, Deputy Executive Director for Materials, Waste, Research, State,Tribal, and Compliance Programs. The following individuals will serve as members of the NRC PRB Panel that was established to review appraisals and make recommendations to the appointing and awarding authorities for NRC PRB members: Stephen G. Burns, Deputy General Counsel, Office of the General Counsel. Brian W. Sheron, Director, Office of Nuclear Regulatory Research. Roy P. Zimmerman, Director, Office of Nuclear Security and Incident Response. All appointments are made pursuant to Section 4314 of Chapter 43 of Title 5 of the United States Code.
Advisory Committee on the Medical Uses of Isotopes: Call for Nominations
The U.S. Nuclear Regulatory Commission (NRC) is advertising for nominations for three upcoming vacancies on NRC's Advisory Committee on the Medical Uses of Isotopes (ACMUI): radiation oncologist with experience in gamma stereotactic radiosurgery, nuclear medicine physicist, and radiation safety officer.