Nuclear Regulatory Commission October 2010 – Federal Register Recent Federal Regulation Documents

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 July 29, 2010. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 5, ``Occupational Dose Record for a Monitoring Period.'' 3. Current OMB approval number: 3150-0006. 4. The form number if applicable: NRC Form 5. 5. How often the collection is required: Annually. 6. Who will be required or asked to report: NRC licensees who are required to comply with 10 CFR part 20. 7. An estimate of the number of annual responses: 4,042 (194 reporting responses plus 3,848 recordkeepers). 8. The estimated number of annual respondents: 194 (104 reactor licensees plus 90 materials licencees). 9. An estimate of the total number of hours needed annually to complete the requirement or request: 68,556 hours (6,790 reporting plus 61,766 recordkeeping). 10. Abstract: NRC Form 5 is used to record and report the results of individual monitoring for occupational radiation exposure during a monitoring (one calendar year) period to ensure regulatory compliance with annual radiation dose limits specified in 10 CFR 20.1201. 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 November 29, 2010. 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.

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 April 4, 2010. 1. Type of submission: Revision 2. The title of the information collection: NRC Form 212 ``Qualifications Investigation, Professional, Technical, and Administrative Positions'', and NRC Form 212A ``Qualifications Investigation Secretarial/Clerical'' 3. Current OMB approval number: 3150-0033 and 3150-0034 4. The form number if applicable: NRC Form 212 ``Qualifications Investigation, Professional, Technical, and Administrative Positions'', and NRC Form 212A ``Qualifications Investigation Secretarial/Clerical'' 5. How often the collection is required: The forms are collected for every new hire to the U.S. Nuclear Regulatory Commission. 6. Who will be required or asked to report: References are collected for every new hire. 7. An estimate of the number of annual responses: NRC Form 212: 1,000 annual responses. NRC Form 212A: 400 annual responses. 8. The estimated number of annual respondents: NRC Form 212: 1,000 annual respondents. NRC Form 212A: 400 annual respondents. 9. An estimate of the total number of hours needed annually to complete the requirement or request: NRC Form 212: 500 hours. NRC Form 212A: 100 hours. 10. Abstract: Information requested on NRC Form 212, ``Qualifications Investigation, Professional, Technical, and Administrative Positions (other than clerical positions)'' and NRC Form 212A, ``Qualifications Investigation, Secretarial/Clerical'' is used to determine the qualifications and suitability of external applicants for employment with NRC. The completed forms may be used to examine, rate and/or assess the prospective employee's qualifications. The information regarding the qualifications of applicants for employment is reviewed by professional personnel of the Office of Human Resources, in conjunction with other information in the NRC files, to determine the qualifications of the applicant for appointment to the position under consideration. 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 November 29, 2010. 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. Christine J. Kymn, Desk Officer, Office of Information and Regulatory Affairs (3150-0033 and 3150-0034), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be e-mailed to Christine.J.Kymn@omb.eop.gov or submitted by telephone at (202) 395-4638. The NRC Clearance Officer is Tremaine Donnell, (301) 415-6258.

The Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of consolidation of petitions for rulemaking (PRM). The PRMs to be consolidated are PRM-50-93 filed by Mark Edward Leyse on November 17, 2009, and PRM-50-95 filed on June 7, 2010, by Mark Edward Leyse and Raymond Shadis, on behalf of the New England Coalition (the Petitioners). PRM-50-95 was docketed by the NRC on September 30, 2010. In PRM-50-95, the Petitioners request that the NRC order Vermont Yankee Nuclear Power Station (Vermont Yankee) to lower the licensing basis peak cladding temperature in order to provide a necessary margin of safety in the event of a loss-of-coolant accident (LOCA). The NRC is considering PRM-50-95 in conjunction with existing PRM-50-93 that the NRC is reviewing on the same issues, and is re- opening the public comment period to consider the matters raised by PRM-50-95.

On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act, and on March 23, 2010, he signed the Patient Protection and Affordable Care Act. Both statutes require a transition to the use of electronic medical records by 2014. The U.S. Nuclear Regulatory Commission (NRC) is seeking public comment on specific issues related to the use of electronic signatures on these documents and is seeking to receive feedback from stakeholders on additional concerns that may be raised by this practice.

The NRC invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register 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 70, ``Domestic Licensing of Special Nuclear Material''. 2. Current OMB approval number: 3150-0009. 3. How often the collection is required: Requires reports are collected and evaluated on a continuing basis as events occur. Applications for new licenses and amendments may be submitted at any time. Generally, renewal applications are submitted every ten years and for major fuel cycle facilities updates of the safety demonstration section are submitted every two years. Nuclear material control and accounting information is submitted in accordance with specified instructions. 4. Who is required or asked to report: Applicants for and holders of specific NRC licenses to receive title to, own, acquire, deliver, receive, possess, use, or initially transfer special nuclear material. 5. The number of annual respondents: 372. 6. The number of hours needed annually to complete the requirement or request: 89,465 hours (81,785 reporting + 7,700 recordkeeping) or an average of 125 hours per response (81,765 reporting burden hours/655 responses) and an average of 13 hours per recordkeeper (7,700 recordkeeping burden hours/61 recordkeepers). 7. Abstract: 10 CFR Part 70 establishes requirements for licenses to won, acquire, receive, possess, use, and transfer special nuclear material. The information in the applications, reports, and records is used by NRC to make licensing and other regulatory determinations concerning the use of special nuclear material. The revised estimate of burden reflects the addition of requirements for documentation for termination or transfer of licensed activities, and modifying licenses. Submit, by December 17, 2010, 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 submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC-2010-0322. You may submit your comments by any of the following methods. Electronic comments: Go to https://www.regulations.gov and search for Docket No. NRC-2010-0322. Mail comments to NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301- 415-6258, or by e-mail to INFOCOLLECTS.Resource@NRC.GOV.

On July 14, 2010, the U.S. Nuclear Regulatory Commission (NRC) noticed for public comment implementation guidance for a proposed rule to establish security requirements for the use and transport of Category 1 and Category 2 quantities of radioactive material. The public comment period for this guidance was to have expired on November 12, 2010. The NRC received several requests to extend the comment period to January 15, 2011. Due to the size and complexity of the draft implementation guidance and the associated proposed rule, the NRC has decided to extend the comment period until January 18, 2011.

The NRC invites public comment about our intention to request the OMB's approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register 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 26, ``Fitness for Duty Programs.'' 2. Current OMB approval number: 3150-0146. 3. How often the collection is required: Annually and on occasion. 4. Who is required or asked to report: Nuclear power reactor licensees licensed under 10 CFR Part 50 or 52 (except those who have permanently ceased operations and have verified that fuel has been permanently removed from the reactor); all holders of nuclear power plant construction permits and early site permits with a limited work authorization and applicants for nuclear power plant construction permits that have a limited work authorization under the provisions of 10 CFR Part 50; all holders of a combined license for a nuclear power plant issued under 10 CFR Part 52 and applicants for a combined license that have a limited work authorization; all licensee who are authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM) under the provisions of 10 CFR Part 70; all holders of a certificate of compliance of an approved compliance plan issued under 10 CFR Part 76, if the holder engages in activities involving formula quantities of SSNM; and all contractor/vendors (C/V) who implement fitness-for-duty (FFD) programs or program elements to the extent that the licensees and other entities listed in this paragraph rely on those C/V FFD programs or program elements to comply with 10 CFR Part 26. 5. The number of annual respondents: 89,510 (27 reactor programs + 2 contractor/vendors + 2 fuel cycle facilities plus 1 Subpart K construction FFD program respondent plus 10 HHS-certified laboratories plus 89,468 third-party respondents) 6. The number of hours needed annually to complete the requirement or request: 666,824 (6,615 reporting plus 358,352 recordkeeping plus 301,857 third party disclosure) 7. Abstract: NRC regulations in 10 CFR Part 26 prescribe requirements to establish, implement, and maintain fitness-for-duty programs at affected licensees and other entities. The objectives of these requirements are to provide reasonable assurance that persons subject to the rule are trustworthy, reliable, and not under the influence of any substance, legal or illegal, or mentally or physically impaired from any cause, which in any way could adversely affect their ability to safely and competently perform their duties. These requirements also provide reasonable assurance that the effects of fatigue and degraded alertness on individual's abilities to safely and competently perform their duties are managed commensurate with maintaining public health and safety. The information collections required by Part 26 are necessary to properly manage FFD programs and to enable effective and efficient regulatory oversight of affected licensees other entities. These licensees and other entities must perform certain tasks, maintain records, and submit reports to comply with Part 26 drug and alcohol provisions and fatigue management requirements. These records and reports are necessary to enable regulatory inspection and evaluation of a licensee's or entity's compliance with NRC regulations, its FFD performance, and of any significant FFD-related event to help maintain public health and safety, promote the common defense and security, and protect the environment. Submit, by December 13, 2010, 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 submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC-2010-0318. You may submit your comments by any of the following methods. Electronic comments: Go to https://www.regulations.gov and search for Docket No. NRC-2010-0318. Mail comments to NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301- 415-6258, or by e-mail to INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its security regulations pertaining to the transport of irradiated reactor fuel (for purposes of this rulemaking, the terms ``irradiated reactor fuel'' and ``spent nuclear fuel'' (SNF) are used interchangeably). This proposed rule would establish generically applicable security requirements similar to those previously imposed by Commission orders issued after the terrorist attacks of September 11, 2001. The proposed rule would establish the acceptable performance standards and objectives for the protection of spent nuclear fuel shipments from theft, diversion, or radiological sabotage. The proposed amendments would apply to those licensees authorized to possess or transport spent nuclear fuel. The proposed security requirements would also address, in part, a petition for rulemaking from the State of Nevada (PRM-73-10) that requests that NRC strengthen the regulations governing the security of spent nuclear fuel shipments against malevolent acts.