Nuclear Regulatory Commission July 2014 – Federal Register Recent Federal Regulation Documents

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the Transnuclear, Inc. NUHOMS[supreg] HD Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 2 to Certificate of Compliance (CoC) No. 1030.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a confirmatory order to Entergy Nuclear Operations, Inc., confirming agreements reached in an Alternative Dispute Resolution session held on May 15, 2014. As part of the agreement, Entergy will take actions to verify security staff and management training credentials, strengthen its safety culture, present the issue at industry meetings, set standards for security senior management and perform an independent effectiveness review. Entergy is also required to notify the NRC periodically of the status of its efforts.

The U.S. Nuclear Regulatory Commission (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: Generic Communications Program. 2. Current OMB approval number: 3150-XXXX. 3. How often the collection is required: On occasion. 4. Who is required or asked to report: Nuclear power reactor licensees, non-power reactors and materials applicants and licensees. 5. The number of annual respondents: 500. 6. The number of hours needed annually to complete the requirement or request: 156,000. 7. Abstract: The NRC is requesting approval of a generic clearance to collect information concerning possible non-routine generic problems which would require prompt action from NRC to preclude potential threats to public health and safety. Submit, by September 29, 2014, 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? The public may examine and have copied for a fee publicly-available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's 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-2014-0174. 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-2014-0174. Mail comments to the Acting NRC Clearance Officer, Kristen Benney (T-5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the Acting NRC Clearance Officer, Kristen Benney (T-5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, by telephone at 301-415-6355, or by email to INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) has received an application from URENCO USA for amendment of License No. SNM-2010, which authorizes it to operate a uranium enrichment facility. The license authorizes the production of enriched uranium up to a maximum of 5.0 percent U-235, using a gas centrifuge process. The amendment would allow URENCO USA (UUSA or the licensee) to utilize tails of approximately 0.4 wt% U-235 as feed material in a re-feed process; increase its possession mass limit for natural and depleted uranium to 251,000,000 kg; and increase its U-235 possession mass limit to 2,180,000 kg.

The U.S. Nuclear Regulatory Commission (NRC) is considering issuance of exemptions in response to a February 13, 2014, request from Southern California Edison Company (the licensee), representing itself and the other owners of the San Onofre Nuclear Generating Station (SONGS) Units 2 and 3. One exemption would permit the licensee to use funds from the SONGS, Units 2 and 3 decommissioning trusts (the Trusts) for irradiated fuel management and site restoration costs. Another exemption would allow the licensee to use withdrawals from the Trusts without prior notification to the NRC. The NRC staff is issuing a final Environmental Assessment (EA) and final finding of No Significant Impact (FONSI) associated with the proposed exemptions.

The U.S. Nuclear Regulatory Commission (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 March 28, 2014. 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: NRC Form 64, ``Travel Voucher'' (Part 1); NRC Form 64A, ``Travel Voucher'' (Part 2); and NRC Form 64B, ``Optional Travel Voucher'' (Part 2). 3. Current OMB approval number: 3150-0192. 4. The form number if applicable: NRC Form 64, ``Travel Voucher'' (Part 1); NRC Form 64A, ``Travel Voucher'' (Part 2); and NRC Form 64B, ``Optional Travel Voucher'' (Part 2). 5. How often the collection is required: On occasion. 6. Who will be required or asked to report: Contractors, consultants and invited NRC travelers who travel in the course of conducting business for the NRC. 7. An estimate of the number of annual responses: 100. 8. The estimated number of annual respondents: 100 (1 hour per form). 9. An estimate of the total number of hours needed annually to complete the requirement or request: 100 (1 hour per form). 10. Abstract: Consultants, contractors, and those invited by the NRC to travel (e.g., prospective employees) must file travel vouchers and trip reports in order to be reimbursed for their travel expenses. The information collected includes the name, address, social security number, and the amount to be reimbursed. Travel expenses that are reimbursed are confined to those expenses essential to the transaction of official business for an approved trip. The public may examine and have copied for a fee publicly-available documents, including the final supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's 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 August 20, 2014. 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. Danielle Jones, Desk Officer, Office of Information and Regulatory Affairs (3150-0192), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be emailed to Danielle_Y_Jones@omb.eop.gov or submitted by telephone at 202-395-1741. The Acting NRC Clearance Officer is Brenda Miles, telephone: 301- 415-7884.

The U.S. Nuclear Regulatory Commission (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 February 19, 2014. 1. Type of submission, new, revision, or extension: Revision. 2. The title of the information collection: 10 CFR Part 26, ``Fitness-for-Duty Programs.'' 3. Current OMB approval number: 3150-0146. 4. The form number if applicable: Not applicable. 5. How often the collection is required: Annually and on occasion. 6. Who will be required or asked to report: (1) Licensees authorized to operate a nuclear power reactor; (2) licensees authorized to possess, use, or transport formula quantities of strategic special nuclear material (SSNM) under part 70 of Title 10 of the Code of Federal Regulations (10 FR); Corporations, firms, partnerships, limited liability companies, associations, or other organizations that obtain a certificate of compliance or an approved compliance plan under 10 CFR part 76, if the entity engages in activities involving formula quantities of SSNM; (3) combined license applicants (10 CFR part 52) who have been issued a limited work authorization (LWA, Sec. 50.10(e)); combined license holders before the Commission has made the finding under of Sec. 52.103(g); construction permit applicants who have been issued a LWA (Sec. 50.10) and construction permit holders (10 CFR part 50); and, early site permit holders who have been issued an LWA, all under specific circumstances; and, (4) contractor/vendors (C/V) who implement fitness-for-duty (FFD) programs or program elements, to the extent that licensees and other entities rely upon those C/V FFD programs or program elements to meet the requirements of this part. 7. An estimate of the number of annual responses: 411,209 (129 reporting responses + 411,015 third-party disclosure responses + 65 recordkeepers). 8. The estimated number of annual respondents: 98,630 respondents (30 drug and alcohol programs + 23 fatigue management programs + 12 HHS-certified laboratories + 98,565 third-party respondents). 9. An estimate of the total number of hours needed annually to complete the requirement or request: 623,943.1 hours (6,165.0 hours reporting + 314,218.8 hours recordkeeping + 303,559.1 hours third-party disclosure). 10. Abstract: The NRC's regulations in 10 CFR part 26 prescribe requirements to establish, implement, and maintain FFD 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 the NRC's 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. The public may examine and have copied for a fee publicly-available documents, including the final supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's 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 August 20, 2014. 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. Danielle Y. Jones, Desk Officer, Office of Information and Regulatory Affairs (3150-0146), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be emailed to Danielle_Y_Jones@omb.eop.gov or submitted by telephone at 202-395-1741. The Acting NRC Clearance Officer is Brenda Miles, telephone: 301- 415-7884.

The U.S. Nuclear Regulatory Commission (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 9, ``Public Records.'' 2. Current OMB approval number: 3150-0043. 3. How often the collection is required: On occasion. 4. Who is required or asked to report: Individuals requesting access to records under the Freedom of Information (FOIA) or Privacy Acts (PA), through the Public Document Room (PDR), and submitters of information containing trade secrets or confidential commercial or financial information who have been notified that the NRC has made an initial determination that the information should be disclosed. 5. The number of annual respondents: 6,970. 6. The number of hours needed annually to complete the requirement or request: 1,968.1. 7. Abstract: Part 9 of Title 10 of the Code of Federal Regulations (10 CFR), prescribes procedures for individuals making requests for records under the FOIA or PA, and through the PDR. It contains information collection requirements for requests to waive or reduce fees for searching for and reproducing records in response to FOIA requests; appeals of denied requests; and requests for expedited processing. The information required from the public is necessary to justify requests for waivers or reductions in searching or copying fees; or to justify expedited processing. Section 9.28(b) provides that if the submitter of information designated to be trade secrets or confidential commercial or financial information objects to the disclosure, he must provide a written statement within 30 days that specifies all grounds why the information is a trade secret or commercial or financial information that is privileged or confidential. Submit, by September 19, 2014, 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? The public may examine and have copied for a fee publicly-available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O-1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's 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-2014-0141. 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-2014-0141. Mail comments to the Acting NRC Clearance Officer, Brenda Miles (T-5 F44), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the Acting NRC Clearance Officer, Brenda Miles (T-5 F44), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone: 301-415-7884, or by email to INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations related to the medical use of byproduct material. In this action the NRC addresses three ongoing rulemaking projects and several other related topics. First, this rule proposes amendments to the reporting and notification requirements for a medical event for permanent implant brachytherapy. Second, the rule proposes changes to the training and experience (T&E) requirements for authorized users, medical physicists, Radiation Safety Officers, and nuclear pharmacists; to the requirements for measuring molybdenum (Mo) contamination and reporting of failed technetium and rubidium generators; and to allow Associate Radiation Safety Officers to be named on a medical license. Third, the rule proposes changes to address a request filed in a petition for rulemaking (PRM), PRM-35-20, to exempt certain board- certified individuals from certain T&E requirements (i.e., ``grandfather'' these individuals) so they may be identified on a license or permit for materials and uses that they performed on or before October 24, 2005, the expiration date of the prior T&E requirements.

The U.S. Nuclear Regulatory Commission (NRC) will consider in its rulemaking process six issues raised in a petition for rulemaking (PRM), PRM-72-7, submitted by Anthony Pietrangelo, on behalf of the Nuclear Energy Institute (NEI or the petitioner). The petitioner requests that the NRC amend its regulations to improve the efficiency of the licensing and oversight of spent fuel dry cask storage.

The U.S. Nuclear Regulatory Commission (NRC) will convene a meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on September 29-30, 2014. A sample of agenda items to be discussed during the public session includes: (1) A discussion on the physical presence requirements for the Leksell Gamma Knife [supreg] Perfexion \TM\; (2) a discussion on why and how certain emerging medical technologies are licensed under 10 CFR 35.1000; (3) a presentation on FDA's role regarding the global molybdenum-99 shortage; (4) an update on the NRC staff's efforts related to the release of patients administered radioactive material; (5) a discussion on the various mechanisms in use or proposed for reporting medical incidents; and (6) a discussion on the recommendations regarding the current medical event reporting criteria for yttrium-90 microspheres. The agenda is subject to change. The current agenda and any updates will be available at https://www.nrc.gov/reading-rm/doc-collections/acmui/ meetings/2014.html or by emailing Ms. Sophie Holiday 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: September 30, 2014, from 1:30 p.m. to 3:00 p.m. The session on September 30, 2014 will be closed for ACMUI training. Date and Time for Open Sessions: September 29, 2014, from 8:30 a.m. to 5:00 p.m. and September 30, 2014, from 8:00 a.m. to 1:30 p.m. Address for Public Meeting: U.S. Nuclear Regulatory Commission, Two White Flint North Building, Room T2-B3, 11545 Rockville Pike, Rockville, Maryland 20852. Public Participation: Any member of the public who wishes to participate in the meeting in person or via phone should contact Ms. Holiday using the information below. The meeting will also be webcast live: video.nrc.gov. Contact Information: Sophie J. Holiday, email: Sophie.Holiday@nrc.gov., telephone: (301) 415-7865.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a new regulatory guide (RG) 3.75, ``Corrective Action Programs for Fuel Cycle Facilities.'' This RG describes programmatic elements that the staff of the NRC considers acceptable when developing corrective action programs for fuel cycle facilities that are licensed under the NRC's regulations.

The U.S. Nuclear Regulatory Commission (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: 48 CFR 20, U.S. Nuclear Regulatory Commission Acquisition Regulation (NRCAR). 2. Current OMB approval number: 3150-0169. 3. How often the collection is required: On occasion; one time. 4. Who is required or asked to report: NRC contractors and potential contractors. 5. The number of annual respondents: 2,473 respondents. 6. The number of hours needed annually to complete the requirement or request: 20,095 (18,750 reporting plus 1,345 recordkeeping). 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 to satisfy the specific need of the agency. Submit, by September 12, 2014, 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? The public may examine and have copied for a fee, publicly- available documents, including the draft supporting statement, at the NRC's Public Document Room, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC's Web site: https://www.nrc.gov/public-involve/ doc-comment/omb/. The document will be available on the NRC's 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-2014-0135. You may submit your comments by any of the following methods: Electronic comments go to https:// www.regulations.gov and search for Docket No. RC-2014-0135. Mail comments to Acting NRC Clearance Officer, Kristen Benney (T-5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. Questions about the information collection requirements may be directed to the Acting NRC Clearance Officer, Kristen Benney, (T5 F50), U.S. Nuclear Regulatory Commission, Washington, DC 2055-0001; telephone: 301-415-6355, or by email to INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) is issuing draft regulatory guide (DG), DG-1141, ``Setpoints for Safety-Related Instruments'' for public comment. This DG is proposed Revision 4 of Regulatory Guide (RG) 1.105, ``Setpoints for Safety-Related Instrumentation.'' This DG describes proposed updates to the recommended practices and criteria for determining instrument setpoints and appropriate setpoint related criteria. This DG describes proposed practices and criteria that the staff of the NRC considers acceptable for demonstrating compliance with NRC requirements for ensuring that setpoints for safety related instruments are initially within, and should remain within, technical specification limits. This DG also proposes practices and criteria for establishing those technical specification limits and ensuring that those limits will adequately support the proper operation of the associated systems.

On May 15, 2014, the U.S. Nuclear Regulatory Commission (NRC) published a request for public comment on developments concerning the Low Level Radioactive Waste (LLRW) Regulatory Program. These developments over the next several years would affect licensees and States with LLRW disposal sites and actions that the NRC could take to ensure safety, security, and the protection of the environment. The public comment period was originally scheduled to close on July 14, 2014. The NRC has decided to extend the public comment period to allow more time for members of the public to develop and submit their comments.

The U.S. Nuclear Regulatory Commission (NRC) is withdrawing Regulatory Guide (RG) 1.37, ``Quality Assurance Requirements for Cleaning of Fluid Systems and Associated Components of Water-Cooled Nuclear Power Plants,'' (Agencywide Documents Access and Management System (ADAMS) under Accession No. ML070250571). The RG is being withdrawn because its guidance and regulatory positions are contained in RG 1.28, Revision 4, ``Quality Assurance Program Criteria (Design and Construction)''; (ADAMS Accession No. ML100160003), and RG 1.33, Revision 3, ``Quality Assurance Program Requirements (Operation),'' (ADAMS Accession No. ML13109A458).