Nuclear Regulatory Commission 2013 – Federal Register Recent Federal Regulation Documents

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. Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR part 5, ``Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance.'' 2. Current OMB approval number: 3150-0209. 3. How often the collection is required: Part 5 follows provisions covered in 10 CFR part 4, Section 4.331 Compliance Reviews, which indicates that the NRC may conduct compliance reviews and Pre-Award reviews of recipients or use other similar procedures that will permit it to investigate and correct violations of the act and these regulations. The NRC may conduct these reviews even in absence of a complaint against a recipient. The reviews may be as comprehensive as necessary to determine whether a violation of these regulations has occurred. 4. Who is required or asked to report: Recipients of Federal Financial Assistance provided by the NRC (including Educational Institutions, Other Nonprofit Organizations receiving Federal Assistance, and Agreement States. 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 (5 hrs per respondent) and 600 hrs for recordkeeping (3 hrs per recordkeeper)). 7. Abstract: The regulations under Part 5 of Title 10 of the Code of Federal Regulations (10 CFR), implements the provisions of Title IX of the Education Amendments of 1972, as amended, (except Sections 904 and 906 of these amendments) (20 U.S.C. 1681, 1682, 1683, 1685, 1686, 1687, 1688), which is designed to eliminate (with certain exceptions) discrimination on the basis of sex in any education program or activity receiving Federal financial assistance, whether or not such program or activity is offered or sponsored by an educational institution as defined in these Title IX regulations. Submit, by May 7, 2013, 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- 2013-0013. 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-2013-0013. Mail comments to the 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 email to INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) is expanding the scope of the post-investigation Alternative Dispute Resolution (ADR) Program for a 1-year pilot period. The NRC and its licensees are the parties to this form of ADR. Currently, post-investigation ADR is used in the NRC's Enforcement Program for cases involving discrimination and other wrongdoing after the NRC's Office of Investigations has completed an investigation substantiating the allegation. The pilot ADR Program will expand post-investigation ADR to include all escalated non-willful (traditional) enforcement cases with proposed civil penalties (this will not include violations associated with findings assessed through the Reactor Oversight Process (ROP) \1\).

NRC will convene a meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on April 15-16, 2013. A sample of agenda items to be discussed during the public session includes: (1) An update on the status of the Commission Paper on data collection for Patient Release; (2) an update on the proposed interim enforcement policy for Permanent Implant Brachytherapy programs; (3) medical- related events from fiscal year 2012; (4) an update on the 10 CFR Part 35 Rulemaking; (5) a discussion on the draft guidance for the 10 CFR Part 35 Rulemaking; (6) an overview of the NNSA's efforts to minimize the use of highly enriched uranium in molybdenum-99 production; (7) an overview of the 2013 reimbursement policy for non-HEU produced medical isotopes and (8) the Abnormal Occurrence Subcommittee Report. 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/agenda 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 Session: April 15, 2013, from 8:00 a.m. to 9:30 a.m. This session will be closed for ACMUI training. Date and Time for Open Sessions: April 15, 2013, from 9:30 a.m. to 5:00 p.m. and April 16, 2013, from 8:00 a.m. to 2:30 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 announcing the availability of ``U.S. Nuclear Regulatory Commission Plan for Monitoring Disposal Actions Taken by the U.S. Department of Energy at the Savannah River Site F-Area Tank Farm Facility in Accordance with the National Defense Authorization Act for Fiscal Year 2005, (NDAA)'' Revision 0, dated January 2013.

The U.S. Nuclear Regulatory Commission (NRC) is issuing an endorsement letter with clarifications of Electric Power Research Institute (EPRI)-1025287, ``Seismic Evaluation Guidance: Screening, Prioritization and Implementation Details (SPID) for the Resolution of Fukushima Near-Term Task Force Recommendation 2.1: Seismic,'' Revision 0, hereafter referred to as the SPID report. This SPID report provides guidance and clarification of an acceptable approach to assist nuclear power reactor licensees when responding to the NRC staff's request for information dated March 12, 2012, Enclosure 1, ``Recommendation 2.1: Seismic.'' The NRC staff's endorsement letter includes additional clarifications on the: (1) Use of the Individual Plant Examination of External Events (IPEEE) submittals for screening purposes; (2) development of foundation input response spectra (FIRS) consistent with the site response used in the development of the site-specific ground motion response spectrum (GMRS); (3) updating the seismic source models; and (4) development of the site response.

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft NUREG-2154 ``Acceptability of Corrective Action Programs for Fuel Cycle Facilities.'' The draft NUREG provides guidance to the NRC staff on how to determine whether a Corrective Action Plan (CAP) submitted by the licensee of a fuel cycle facility is acceptable.

The U.S. Nuclear Regulatory Commission (NRC) plans to conduct a public workshop to discuss possible revisions to NUREG/BR-0204, Rev. 2 ``Instructions for Completing NRC's Uniform Low-Level Radioactive Waste Manifest.'' Information will be gathered from subject matter experts and other interested members of the public regarding NUREG/BR- 0204 and how it can best be revised. Specifically, the NRC staff is interested in gaining a better understanding of the issues associated with reporting certain difficult-to-measure (DTM) radionuclides on shipping waste manifests as required by Appendix G of part 20 of Title 10 of the Code of Federal Regulations (10 CFR). In particular based on their experience some involved members of the public would like the NRC to update NUREG/BR-0204 to address the manifesting of Technecium-99 (Tc-99), Carbon-14 (C-14), Tritium (H-3), and Iodine-129 (I-129) to minimize over-estimation of activity. These isotopes are key contributors to groundwater dose and can lead to premature closure of low-level radioactive waste disposal facilities if over-estimated. Additionally, the NRC staff received comments from involved members of the public recommending that the NRC staff consider Chlorine-36 (Cl-36) during this effort so staff will also address the reporting of Cl-36 in the update to NUREG/BR-0204.

The U.S. Nuclear Regulatory Commission (NRC) has approved the State University of New York at Buffalo (UB) decommissioning plan (DP) by amendment to the Facility License R-77 for the Buffalo Materials Research Center (BMRC) reactor.

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 November 20, 2012 (77 FR 69661). Information pertaining to the requirement to be submitted: 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 32 ``Specific Domestic Licenses to Manufacture or Transfer Certain Items Containing Byproduct Material.'' 3. Current OMB approval number: 3150-0001. 4. The form number if applicable: NRC Form 653, NRC Form 653A, and NRC Form 653B. 5. How often the collection is required: There is a one-time submittal of information to receive a certificate of registration for a sealed source and/or device. Certificates of registration for sealed sources and/or devices can be amended at any time. In addition, licensee recordkeeping must be performed on an on-going basis, and reporting of transfer of byproduct material must be reported every calendar year, and in some cases, every calendar quarter. 6. Who will be required or asked to report: All specific licensees who manufacture or initially transfer items containing byproduct material for sale or distribution to general licensees, or persons exempt from licensing, medical use product distributors to specific licensees, and those requesting a certificate of registration for a sealed source and/or device. 7. An estimate of the number of annual responses: 4,789 (3,559 NRC, 1,162 Agreement States and 68 third-party). 8. The estimated number of annual respondents: 959 (246 NRC licensees, registration certificate holders and 713 Agreement State licensees and registration certificate holders). 9. An estimate of the total number of hours needed annually to complete the requirement or request: 164,540 (16,346 reporting hours, 148,093 recordkeeping hours, and 101 third-party disclosures hours). 10. Abstract: Part 32 of Title 10 of the Code of Federal Regulations (10 CFR), establishes requirements for specific licenses for the introduction of byproduct material into products or materials and transfer of the products or materials to general licensees, or persons exempt from licensing, medical use product distributors to specific licensees, and those requesting a certificate of registration for a sealed source and/or device. It also prescribes requirements governing holders of the specific licenses. Some of the requirements are for information which must be submitted in an application for a certificate of registration for a sealed source and/or device, records which must be kept, reports which must be submitted, and information which must be forwarded to general licensees and persons exempt from licensing. As mentioned, 10 CFR part 32 also prescribes requirements for the issuance of certificates of registration (concerning radiation safety information about a product) to manufacturers or initial transferors of sealed sources and devices. Submission or retention of the information is mandatory for persons subject to the 10 CFR part 32 requirements. The information is used by the NRC to make licensing and other regulatory determinations concerning the use of radioactive byproduct material in products and devices. 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 March 21, 2013. 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. Chad Whiteman, Desk Officer, Office of Information and Regulatory Affairs (3150-0001), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be emailed to Chad_S_Whiteman@omb.eop.gov or submitted by telephone at 202-395-4718. The NRC Clearance Officer is Tremaine Donnell, 301-415-6258.

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 October 17, 2012 (77 FR 63893). 1. Type of submission, new, revision, or extension: Extension. 2. The title of the information collection: 10 CFR Part 71, ``Packaging and Transportation of Radioactive Material''. 3. Current OMB approval number: 3150-0008. 4. The form number if applicable: N/A. 5. How often the collection is required: On occasion. Application for package certification may be made at any time. Required reports are collected and evaluated on a continuous basis as events occur. 6. Who will be required or asked to report: All NRC specific licensees who place byproduct, source, or special nuclear material into transportation, and all persons who wish to apply for NRC approval of package designs for use in such transportation. 7. An estimate of the number of annual responses: 912. 8. The estimated number of annual respondents: 250. 9. An estimate of the total number of hours needed annually to complete the requirement or request: 59,782 (54,208 hrs. reporting + 1 hr. third-party disclosure + 5,573 hrs. recordkeeping). 10. Abstract: NRC regulations in 10 CFR part 71 establish requirements for packaging, preparation for shipment, and transportation of licensed material, and prescribe procedures, standards, and requirements for approval by NRC of packaging and shipping procedures for fissile material and for quantities of licensed material in excess of Type A quantities. 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 20874. The 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'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 March 15, 2013. 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. Chad Whiteman, Desk Officer, Office of Information and Regulatory Affairs (3150-0008), NEOB-10202, Office of Management and Budget, Washington, DC 20503. Comments can also be emailed to Chad_S_Whiteman@omb.eop.gov or submitted by telephone at 202-395-4718. The NRC Clearance Officer is Tremaine Donnell, 301-415-6258.

The U.S. Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt for a petition for rulemaking (PRM), dated October 3, 2012, which was filed with the NRC by Anthony R. Pietrangelo on behalf of the Nuclear Energy Institute (NEI or the petitioner). The petition was docketed by the NRC on October 18, 2012, and assigned Docket No. PRM-72-7. The petitioner requests that the NRC add a new rule that governs the format and content of spent fuel storage cask Certificates of Compliance (CoCs), extend the backfit rule to CoCs, and make other improvements that result in ``more efficient and effective NRC oversight of dry cask storage activities as well as improved implementation of dry cask storage requirements by industry.''

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG-1300, ``Quality Assurance Program Requirements (Operations).''