[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Rules and Regulations]
[Pages 64571-64574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28595]
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Part XX
Nuclear Regulatory Commission
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Semiannual Regulatory Agenda
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NUCLEAR REGULATORY COMMISSION (NRC)
_______________________________________________________________________
NUCLEAR REGULATORY COMMISSION
10 CFR Ch. I
Unified Agenda of Federal Regulatory and Deregulatory Actions
AGENCY: Nuclear Regulatory Commission.
ACTION: Semiannual regulatory agenda.
_______________________________________________________________________
SUMMARY: The Nuclear Regulatory Commission (NRC) is publishing its
semiannual regulatory agenda in accordance with Public Law 96-354,
``The Regulatory Flexibility Act,'' and Executive Order 12866,
``Regulatory Planning and Review.'' The agenda is a compilation of all
rules on which the NRC has recently completed action or has proposed or
is considering action. This issuance updates any action occurring on
rules since publication of the last semiannual agenda on May 11, 2009
(74 FR 22070).
ADDRESSES: Comments on any rule in the agenda may be sent to the
Secretary of the Commission, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications
Staff. Comments may also be hand delivered to the One White Flint North
Building, 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m.
and 4:15 p.m., Federal workdays. Comments received on rules for which
the comment period has closed will be considered if it is practical to
do so, but assurance of consideration cannot be given except as to
comments received on or before the closure dates specified in the
agenda.
The agenda and any comments received on any rule listed in the
agenda are available for public inspection and copying for a fee at
the Nuclear Regulatory Commission's Public Document Room, One White
Flint North, 11555 Rockville Pike, Room O-1F21, Rockville,
Maryland.
The complete Unified Agenda will be available online at
www.reginfo.gov, in a format that offers users a greatly enhanced
ability to obtain information from the Agenda database.
FOR FURTHER INFORMATION CONTACT: For further information concerning NRC
rulemaking procedures or the status of any rule listed in this agenda,
contact: Michael T. Lesar, Chief, Rulemaking and Directives Branch,
Division of Administrative Services, Office of Administration, U.S.
Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone
301-492-3663 (e-mail: Michael.Lesar@nrc.gov). Persons outside the
Washington, DC, metropolitan area may call, toll-free: 1-800-368-5642.
For further information on the substantive content of any rule listed
in the agenda, contact the individual listed under the heading ``Agency
Contact'' for that rule.
SUPPLEMENTARY INFORMATION: The information contained in this semiannual
publication is updated to reflect any action that has occurred on rules
since publication of the last NRC semiannual agenda on May 11, 2009 (74
FR 22070). Within each group, the rules are ordered according to the
Regulation Identifier Number (RIN).
The information in this agenda has been updated through
September 11, 2009. The date for the next scheduled action under
the heading ``Timetable'' is the date the rule is scheduled to be
published in the Federal Register. The date is considered tentative
and is not binding on the Commission or its staff. The agenda is
intended to provide the public early notice and opportunity to
participate in the NRC rulemaking process. However, the NRC may
consider or act on any rulemaking even though it is not included in
the agenda.
The NRC agenda lists all open rulemaking actions. One rule
affects small entities.
Dated at Rockville, Maryland, this 11th day of September 2009.
For the Nuclear Regulatory Commission.
Michael T. Lesar,
Chief, Rulemaking and Directives Branch,
Division of Administrative Services,
Office of Administration.
Nuclear Regulatory Commission--Proposed Rule Stage
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Regulation
Sequence Title Identifier
Number Number
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574 Distribution of Source Material To Exempt Persons and General Licensees and Revision 3150-AH15
of 10 CFR 40.22 General License [NRC-2009-0084].......................................
575 Revision of Fee Schedules; Fee Recovery for FY 2010 [NRC-2009-0333]................... 3150-AI70
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Nuclear Regulatory Commission--Long-Term Actions
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Regulation
Sequence Title Identifier
Number Number
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576 Controlling the Disposition of Solid Materials [NRC-1999-0002]........................ 3150-AH18
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Nuclear Regulatory Commission--Completed Actions
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Regulation
Sequence Title Identifier
Number Number
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577 Revision of Fee Schedules; Fee Recovery for FY 2009 [NRC-2008-0620]................... 3150-AI52
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Nuclear Regulatory Commission (NRC) Proposed Rule Stage
_______________________________________________________________________
574. DISTRIBUTION OF SOURCE MATERIAL TO EXEMPT PERSONS AND GENERAL
LICENSEES AND REVISION OF 10 CFR 40.22 GENERAL LICENSE [NRC-2009-0084]
Legal Authority: 42 USC 2201; 42 USC 5841
Abstract: The proposed rule would amend the Commission's regulations to
improve the control over the distribution of source material to exempt
persons and to general licensees in order to make part 40 more risk-
informed. The proposed rule also would govern the licensing of source
material by adding specific requirements for licensing of and reporting
by distributors of products and materials used by exempt persons and
general licensees. Source material is used under general license and
under various exemptions from licensing requirements in part 40 for
which there is no regulatory mechanism for the Commission to obtain
information to fully assess the resultant risks to public health and
safety. Although estimates of resultant doses have been made, there is
a need for ongoing information on the quantities and types of
radioactive material distributed for exempt use and use under general
license. Obtaining information on the distribution of source material
is particularly difficult because many of the distributors of source
material to exempt persons and generally licensed persons are not
currently required to hold a license from the Commission. Distributors
are often unknown to the Commission. No controls are in place to ensure
that products and materials distributed are maintained within the
applicable constraints of the exemptions. In addition, the amounts of
source material allowed under the general license in section 40.22
could result in exposures above 1 mSv/year (100 mrem/year) to workers
at facilities that are not required to meet the requirements of parts
19 and 20. Without knowledge of the identity and location of the
general licensees, it would be difficult to enforce restrictions on the
general licensees. This rule also would address PRM-40-27 submitted by
the State of Colorado and Organization of Agreement States.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 04/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Gary C. Comfort, Jr., Nuclear Regulatory Commission,
Office of Federal and State Materials and Environmental Management
Programs, Washington, DC 20555-0001
Phone: 301 415-8106
Email: gary.comfort@nrc.gov
RIN: 3150-AH15
_______________________________________________________________________
575. <> REVISION OF FEE SCHEDULES; FEE RECOVERY FOR FY
2010 [NRC-2009-0333]
Legal Authority: 42 USC 2201; 42 USC 5841
Abstract: The proposed rule amend the Commission's licensing,
inspection, and annual fees charged to its applicants and licensees.
The rulemaking is necessary to recover, through the assessment of fees,
approximately 90 percent of the NRC's budget authority for fiscal year
(FY) 2010, less the amounts appropriated from the Nuclear Waste Fund,
amounts appropriated for Waste Incidental to Reprocessing, and amounts
appropriated for generic homeland security activities, as required by
the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as amended.
Based on the NRC FY 2010 budget submitted to the Congress, the NRC's
required fee recovery amount for the FY 2010 budget is approximately
$887.2 million. After accounting for billing adjustments (i.e.,
expected unpaid invoices, payments for prior year invoices), the total
amount to be billed as fees is $881.4 million. The OBRA-90, as amended,
requires that the fees for FY 2010 be collected by September 30, 2010.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM 03/00/10
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Renu Suri, Nuclear Regulatory Commission, Office of the
Chief Financial Officer, Washington, DC 20555-0001
Phone: 301 415-0161
Email: renu.suri@nrc.gov
RIN: 3150-AI70
_______________________________________________________________________
Nuclear Regulatory Commission (NRC) Long-Term Actions
_______________________________________________________________________
576. CONTROLLING THE DISPOSITION OF SOLID MATERIALS [NRC-1999-0002]
Legal Authority: 42 USC 2201; 42 USC 5841
Abstract: The staff provided a draft proposed rule package on
Controlling the Disposition of Solid Materials to the Commission on
March 31, 2005, which the Commission disapproved. The Commission's
decision was based on the fact that the Agency is currently faced with
several high priority and complex tasks, that the current approach to
review specific cases on an individual basis is fully protective of
public health and safety, and that the immediate need for this rule has
changed due to the shift in timing for reactor decommissioning. The
Commission has deferred action on this rulemaking.
Timetable:
________________________________________________________________________
Action Date FR Cite
________________________________________________________________________
NPRM To Be Determined
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Kimyata Morgan Butler, Nuclear Regulatory Commission,
Office of Federal and State Materials and Environmental Management
Programs, Washington, DC 20555-0001
Phone: 301 415-0733
Email: kimyata.morganbutler@nrc.gov
RIN: 3150-AH18
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Nuclear Regulatory Commission (NRC) Completed Actions
_______________________________________________________________________
577. REVISION OF FEE SCHEDULES; FEE RECOVERY FOR FY 2009 [NRC-2008-0620]
Legal Authority: 42 USC 2201; 42 USC 5841
Abstract: The final rule amends the Commission's licensing, inspection,
and annual fees charged to its applicants and licensees. The amendments
implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as
amended, which requires that the NRC recover approximately 90 percent
of its budget authority in Fiscal Year (FY) 2009, less the amounts
appropriated from the Nuclear Waste Fund, and for Waste Incidental to
Reprocessing, generic homeland security activities, and scholarships
and fellowships. Based on the bill reported by the House Appropriations
Committee on June 25, 2008, the NRC's required fee recovery amount for
the FY 2009 budget is approximately $ 870.6 million. After accounting
for carryover and billing adjustments, the total amount to be recovered
through fees is approximately $ 864.8 million.
Completed:
________________________________________________________________________
Reason Date FR Cite
________________________________________________________________________
Final Rule 06/10/09 74 FR 27642
Final Rule Effective 08/10/09
Regulatory Flexibility Analysis Required: Yes
Agency Contact: Renu Suri
Phone: 301 415-0161
Email: renu.suri@nrc.gov
RIN: 3150-AI52
[FR Doc. E9-28595 Filed 12-04-09; 8:45 am]
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