Nuclear Regulatory Commission 2013 – Federal Register Recent Federal Regulation Documents

The Board is issuing this agenda under the Regulatory Flexibility Act and the Board's Statement of Policy Regarding Expanded Rulemaking Procedures. The Board anticipates having under consideration regulatory matters as indicated below during the period May 1, 2013 through October 31, 2013. The next agenda will be published in fall 2013.

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 52, ``Licenses, Certifications, and Approvals for Nuclear Power Plants.'' 2. Current OMB approval number: 3150-0151. 3. How often the collection is required: Whenever applications are made for early site permits (ESPs), standard design certifications (SDCs), combined licenses (COLs), standard design approvals (SDAs), or manufacturing licenses (MLs); at certain intervals after receipt of a COL; and every 10 to 20 years for applications for renewal. 4. Who is required or asked to report: Designers of commercial nuclear power plants (NPPs), electric power companies, and any person eligible under the Atomic Energy Act to apply for ESPs, SDCs, COLs, or MLs. 5. The number of annual respondents: 20. 6. The number of hours needed annually to complete the requirement or request: 199,169 (194,867 reporting, 4,302 recordkeeping). 7. Abstract: Part 52 of Title 10 of the Code of Federal Regulations (10 CFR), establishes requirements for the granting of ESPs, certifications of standard NPP designs, and licenses which combine in a single license a construction permit, and an operating license with conditions, OLs, MLs, SDAs, and preapplication reviews of site suitability issues. Part 52 also establishes requirements for renewal of those approvals, permits, certifications, and licenses; amendments to them; exemptions from certifications; and variances from ESPs. NRC uses the information collected to assess the adequacy and suitability of an applicant's site, plant design, construction, training and experience, plans and procedures for the protection of public health and safety. The NRC review of such information and the findings derived from that information form the basis of NRC decisions and actions concerning the issuance, modification or revocation of site permits, DCs, COLs, and MLs for NPPs. Submit, by September 16, 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 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-2013-0131. 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-2013-0131. 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; telephone: 301-415- 6258, email: INFOCOLLECTS.Resource@NRC.GOV.

A call for nominations was published by the U.S. Nuclear Regulatory Commission (NRC) in the Federal Register (78 FR 28652) on May 15, 2013 for the position of Agreement State representative on the Advisory Committee on the Medical Uses of Isotopes (ACMUI). The nomination period ends on July 15, 2013. This notice confirms a 30 day extension of the nomination period until August 15, 2013.

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: Policy Statement for the ``Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof By States Through Agreement,'' Maintenance of Existing Agreement State Programs, Request for Information Through the Integrated Materials Performance Evaluation Program (IMPEP) Questionnaire, and Agreement State Participation in IMPEP. 2. Current OMB approval number: 3150-0183. 3. How often the collection is required: Every four years for completion of the IMPEP questionnaire in preparation for an IMPEP review. One time for new Agreement State applications. Annually for participation by Agreement States in the IMPEP reviews and fulfilling requirements for Agreement States to maintain their programs. 4. Who is required or asked to report: All Agreement States (37 Agreement States who have signed Agreements with NRC under Section 274b. of the Atomic Energy Act (Act)) and any non-Agreement State seeking to sign an Agreement with the Commission. 5. The number of annual respondents: 38 (37 existing Agreement States plus 1 applicant). 6. The number of hours needed annually to complete the requirement or request: 285,143 hours (an average of 7,504 hours per respondent). This includes 477 hours to complete the IMPEP questionnaires; 2,750 hours to prepare new Agreement State applications, 396 hours for participation in IMPEP reviews; and 281,520 hours for maintaining Existing Agreement State programs. 7. Abstract: The States wishing to become Agreement States are requested to provide certain information to the NRC as specified by the Commission's Policy Statement, ``Criteria for Guidance of States and NRC in Discontinuance of NRC Regulatory Authority and Assumption Thereof By States Through Agreement.'' The Agreement States need to ensure that the radiation control program under the Agreement remains adequate and compatible with the requirements of Section 274 of the Act and must maintain certain information. The NRC conducts periodic evaluations through IMPEP to ensure that these programs are compatible with the NRC's program, meet the applicable parts of the Act, and adequate to protect public health and safety. Submit, by September 13, 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 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- 2013-0116. 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-2013-0116. Mail comments to NRC's 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's Clearance Officer, Tremaine Donnell (T-5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6258, or by email: INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) is publishing for comment a petition for rulemaking (PRM) filed with the Commission by CampCo (the petitioner) on December 2, 2011, and supplemented on September 18, 2012. The petitioner requests that the NRC amend its regulations to allow the commercial distribution of tritium markers for use under exemption from licensing requirements.

The U.S. Nuclear Regulatory Commission (NRC) is revising and soliciting public comment on Section 9.1.4, ``Light Load Handling System and Operations'' of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.''

The U.S. Nuclear Regulatory Commission (NRC) is re-noticing the solicitation for public comment published in the Federal Register on October 12, 2012 (77 FR 62270), on the NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,'' on a proposed new section to its Standard Review Plan (SRP), Section 19.3, ``Regulatory Treatment of Non-Safety Systems (RTNSS) for Passive Advanced Light Water Reactors.'' The NRC seeks public comment on a narrow area of focus related to a revised position on the treatment of the high winds external hazard for certain RTNSS structures, systems, and components.

NRC will convene a meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on September 9-10, 2013. A sample of agenda items to be discussed during the public session includes: (1) An update on the 10 CFR Part 35 Rulemaking; (2) a discussion on the development of 10 CFR 35.1000 Guidance; (3) a discussion on the ACMUI reporting structure; (4) permanent implant brachytherapy guidance; (5) the Medical Events 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/meetings/2013.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 09, 2013, from 8:30 a.m. to 10:30 a.m. and September 10, 2013 from 8:30 a.m. to 10:30 a.m. The first session will be closed for ACMUI training. The second session will be closed so that ACMUI members can prepare for a Commission Briefing in October 2013. Date and Time for Open Sessions: September 09, 2013, from 10:30 a.m. to 5:00 p.m. and September 10, 2013, from 10:30 a.m. to 5:00 p.m. Address for Public Meeting: U.S. Nuclear Regulatory Commission, Two White Flint North Building, Room T2-B3, 11545 Rockville Pike, Rockville, MD 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.

The U.S. Nuclear Regulatory Commission (NRC) is issuing an interim Enforcement Policy that allows the staff to exercise enforcement discretion for certain violations of regulations for reporting medical events occurring under an NRC licensee's permanent implant brachytherapy program. This interim policy affects NRC licensees that are authorized to perform permanent implant brachytherapy.

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: NRC Forms 540 and 540A, Uniform Low-Level Radioactive Waste Manifest (Shipping Paper) and Continuation Page; NRC Forms 541 and 541A, Uniform Low-Level Radioactive Waste Manifest, Container and Waste Description, and Continuation Page; NRC Forms 542 and 542A, Uniform Low-Level Radioactive Waste Manifest, Index and Regional Compact Tabulation, and Continuation Page. 2. Current OMB approval number: NRC Form 540 and 540A: OMB 3150-0164. NRC Form 541 and 541A: OMB 3150-0166. NRC Form 542 and 542A: OMB 3150-0165. 3. How often the collection is required: Forms are used by shippers whenever radioactive waste is shipped. Quarterly or less frequent reporting is made to Agreement States depending on specific license conditions. No reporting is made to the NRC. 4. Who is required or asked to report: All NRC or Agreement State low-level waste facilities licensed pursuant to Part 61 of Title 10 of the Code of Federal Regulations (10 CFR) or equivalent Agreement State regulations. All generators, collectors, and processors of low-level waste intended for disposal at a low-level waste facility must complete the appropriate forms. 5. The number of annual respondents: NRC Form 540 and 540A: 220. NRC Form 541 and 541A: 220. NRC Form 542 and 542A: 22. 6. The number of hours needed annually to complete the requirement or request: NRC Form 540 and 540A: 4,305. NRC Form 541 and 541A: 18,480. NRC Form 542 and 542A: 567. 7. Abstract: NRC Forms 540, 541, and 542, together with their continuation pages, designated by the A suffix, provide a set of standardized forms to meet Department of Transportation (DOT), NRC, and State requirements. The forms were developed by NRC at the request of low-level waste industry groups. The forms provide uniformity and efficiency in the collection of information contained in manifests which are required to control transfers of low-level radioactive waste intended for disposal at a land disposal facility. The NRC Form 540 contains information needed to satisfy DOT shipping paper requirements in 49 CFR Part 172 and the waste tracking requirements of the NRC in 10 CFR Part 20. The NRC Form 541 contains information needed by disposal site facilities to safely dispose of low-level waste and information to meet NRC and State requirements regulating these activities. The NRC Form 542, completed by waste collectors or processors, contains information which facilitates tracking the identity of the waste generator. That tracking becomes more complicated when the waste forms, dimensions, or packagings are changed by the waste processor. Each container of waste shipped from a waste processor may contain waste from several different generators. The information provided on the NRC Form 542 permits the States and Compacts to know the original generators of low-level waste, as authorized by the Low-Level Radioactive Waste Policy Amendments Act of 1985, so they can ensure that waste is disposed of in the appropriate Compact. Submit, by September 9, 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 Nos. NRC-2013-0117, -0118, -0119. You may submit your comments by any of the following methods. Electronic comments: Go to https://www.regulations.gov and search for Docket Nos. NRC-2013-0117, - 0118, -0119. 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; telephone: 301-415-6258, or by email: INFOCOLLECTS.Resource@NRC.GOV.

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 3 of Regulatory Guide (RG) 1.124, ``Service Limits and Loading Combinations for Class 1 Linear-Type Supports,'' and Revision 3 of RG 1.130, ``Service Limits and Loading Combinations for Class 1 Plate-and- Shell-Type Supports.'' There are no substantive changes to these regulatory guides. The revisions include an update of the Edition and Addenda of the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code (B&PVC). Regulatory Guides 1.124 and 1.130 delineates levels of service limits and appropriate combinations of loadings associated with normal operation, postulated accidents, and specified seismic events for the design of Class 1 linear-type component and piping supports, and Class 1 plate-and-shell-type component and piping supports, respectively.

The NRC is issuing an environmental assessment (EA) and a finding of no significant impact (FONSI) for an exemption request submitted by Duke Energy Carolinas, LLC, on August 13, 2012 for the Oconee Nuclear Station Independent Spent Fuel Storage Facility (ISFSI).

The U.S. Nuclear Regulatory Commission (NRC) requests public comment on Draft Spent Fuel Storage and Transportation Interim Staff Guidance No. 24 (SFST-ISG-24), Revision 0, ``The Use of a Demonstration Program as Confirmation of Integrity for Continued Storage of High Burnup Fuel Beyond 20 Years.'' The draft SFST-ISG provides guidance to the staff for reviewing if a demonstration of high burnup fuel (HBF) has the necessary properties to qualify as one method that an applicant might use in license and certificate of compliance (CoC) applications to demonstrate compliance with the NRC's regulations. This guidance applies to license and CoC applications for the storage of HBF for periods greater than 20 years.

The U.S. Nuclear Regulatory Commission (NRC) is issuing a draft report for public comment, titled Consequence Study of a Beyond- Design-Basis Earthquake Affecting the Spent Fuel Pool for a U.S. Mark I Boiling Water Reactor (also referred to as the Spent Fuel Pool Study). The purpose of this study was to examine if faster removal of older, colder spent reactor fuel from pools to dry cask storage significantly reduces risks to public health and safety. Based on previous research showing earthquakes present the dominant risk for spent fuel pools, the draft study evaluated how a potential pool leakage from an unlikely severe earthquake might cause the used fuel to overheat and release radioactive material to the environment. This study provides publicly available consequence estimates of a hypothetical spent fuel pool accident initiated by a low likelihood seismic event at a specific reference plant. The study compares high-density and low-density spent fuel pool loading conditions and assesses the benefits of post-9/11 mitigation measures. Past risk studies have shown that storage of spent fuel in a high-density configuration is safe and risk of a large release due to an accident is very low. This draft study's results are consistent with earlier research conclusions that spent fuel pools are robust structures that are likely to withstand severe earthquakes without leaking. The NRC continues to believe, based on this study and previous studies that spent fuel pools provide adequate protection of public health and safety. The study's results will help inform the Commission's evaluation of whether expedited movement of spent fuel from spent fuel pools to dry storage sooner than current practice provides a substantial increase in safety. The insights from this analysis will inform a broader regulatory analysis of the spent fuel pools at all U.S. operating nuclear reactors as part of the NRC's Japan Lessons-learned Tier 3 plan.

This notice advises the public that the NRC intends to gather the information necessary to prepare an Environmental Impact Statement for construction and operation of the proposed SHINE radioisotope production facility.

The U.S. Nuclear Regulatory Commission (NRC) is amending the licensing, inspection, and annual fees charged to its applicants and licensees. The amendments are necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended, which requires the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2013, not including amounts appropriated for Waste Incidental to Reprocessing (WIR) and amounts appropriated for generic homeland security activities. The President signed the Consolidated and Further Continuing Appropriations Act of 2013 on March 26, 2013, giving the NRC a total appropriation of $985.6 million for FY 2013. The NRC's required fee recovery amount for the FY 2013 budget is approximately $864.0 million. After accounting for billing adjustments, the total amount to be billed as fees is approximately $859.6 million.

The U.S. Nuclear Regulatory Commission (NRC) is giving notice that by petition dated June 21, 2012, Mr. Wallace Taylor (the petitioner) has requested that the NRC take enforcement action against Fort Calhoun Station, Unit 1 (FCS). The petitioner's requests are included in the SUPPLEMENTARY INFORMATION section of this document.

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 of Regulatory Guide (RG) 1.185, ``Standard Format and Content for Post-shutdown Decommissioning Activities Report.'' This guide describes a method that the NRC staff considers acceptable for use in complying with the Commission's requirements regarding the submission of a post-shutdown decommissioning activities report (PSDAR).

The U.S. Nuclear Regulatory Commission (NRC) staff has determined that the inspections, tests, and analyses have been successfully completed, and that the specified acceptance criteria are met for Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC) E.2.5.04.05.05.01, for the Vogtle Electric Generating Plant, Unit 4.

The U.S. Nuclear Regulatory Commission (NRC) is amending its spent fuel storage regulations by revising the NAC International, Inc. (NAC) Modular Advanced Generation Nuclear All-purpose Storage (MAGNASTOR[supreg]) Cask System listing within the ``List of Approved Spent Fuel Storage Casks'' to include Amendment No. 3 to Certificate of Compliance (CoC) No. 1031. Amendment No. 3 revises authorized contents to include: pressurized water reactor (PWR) damaged fuel contained in damaged fuel cans that are placed in a damaged fuel basket assembly; PWR fuel assemblies with nonfuel hardware per the expanded definition in the Amendment No. 3 application; and PWR fuel assemblies with up to five activated stainless steel fuel replacement rods at a maximum burnup/exposure of 32.5 gigawatt days per metric ton of uranium (GWd/ MTU). Additionally, Amendment No. 3 revises paragraph 4.3.1(i) in Appendix A of the CoC Technical Specifications (TS) to clarify that the maximum design basis earthquake accelerations of 0.37g in the horizontal direction (without cask sliding) and 0.25g in the vertical direction at the independent spent fuel storage installation (ISFSI) pad top surface do not result in cask tip-over. Amendment No. 3 also makes additional changes to Appendix A, Technical Specifications and Design Features for the MAGNASTOR[supreg] System, and Appendix B, Approved Contents for the MAGNASTOR[supreg] System, of the CoC.