NRC Regulatory Agenda: Rules (April – Nov. 2008)

NRC Regulatory Agenda Final Rules

1. Adjustment to Civil Penalties (Parts 2 and 13)
RIN: 3150-AI45
Docket ID: NRC-2008-0412

Abstract: The final rule amends the Commissionâ€™s regulations to adjust the maximum civil monetary penalties (CMPs) it can assess under statues within the jurisdiction of the NRC.

These changes were mandated by Congress in the Federal Civil Penalties Inflation

Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. The NRCÂ is amending its regulations to adjust the maximum CMP for a violation of the Atomic Energy
Act of 1954, as amended, (AEA) or any regulation or order issued under the AEA fromÂ $130,000 to $140,000 per violation per day. Further, the provisions concerning programÂ fraud civil penalties are being amended by adjusting the maximum CMP under the Program
Fraud Civil Remedies Act from $6,000 to $7,000 for each false claim or statement.

Final Action: Final Rule Published 09/23/08 73 FR 54671

Final Rule Effective 10/23/08

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Maxwell C. Smith, Office of the General Counsel,
(301) 415-1246; e-mail: Maxwell.Smith@nrc.gov

2. Protection of Safeguards Information (Parts 2, 30, 40, 50, 52, 63, 70, 72, 73, 76, and 150)
RIN: 3150-AH57
Docket ID: NRC-2005-0001

Abstract: The final rule amends the Commission=s regulations for the protection of Safeguards Information (SGI) to reflect recent Commission practices reflected in Orders and Threat Advisories, and Confirmatory Action Letters issued since September 11, 2001.

The amendments also provide the flexibility afforded the Commission for the protection of such information by the Atomic Energy Act of 1954, as amended (AEA). The final amendments
affect certain licensees, information, and materials not currently specified in the regulations, but which are within the scope of the AEA. The final amendments are intended to protect SGI from inadvertent release and unauthorized disclosure which might compromise the security of nuclear facilities and materials.

Final Action: Final Rule Published 10/24/08 73 FR 63546

Final Rule Effective 02/23/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Jason C. Zorn, Office of the General Counsel,
(301) 415-8350, e-mail: Jason.Zorn@nrc.gov

3. Regulatory Changes to Implement the Additional Protocol to the US/IAEA Safeguards
Agreement (Parts 30, 40, 50, 60, 61, 63, 70, 72, 75, 76, and 150)
RIN: 3150-AH38
Docket ID: NRC-2008-0543

Abstract: The final rule amends the Commission=s regulations to implement the additional reporting and complementary access requirements contained in the US/IAEA Additional Protocol for the application of safeguards in the United States.

Final Action: Final Rule Published 12/23/08 73 FR 78599

Final Rule Effective 12/23/08

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Naiem Tanious, Office of Federal and State Materials and Environmental Management Programs,
(301) 415-6103, e-mail: Naiem.Tanious@nrc.gov

4. Industry Codes and Standards; Amended Requirements (Part 50)
RIN: 3150-AH76
Docket ID: NRC-2007-0003

Abstract: The final rule amends the Commission=s regulations to incorporate by reference the 2004 Edition of Division 1, Section III, “Rules for Construction of Nuclear Power Plant Components,” of the American Society of Mechanical Engineers Boiler and Pressure
Vessel Code (ASME BPV Code); the 2004 Edition of Division 1, Section XI, “Rules for Inservice Inspection of Nuclear Power Plant Components,” of the ASME BPV Code; and the 2004 Edition of the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code).

Final Action: Final Rule Published 09/10/08 73 FR 52729

Final Rule Effective 09/10/08

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: L. Mark Padovan, Office of Nuclear Reactor Regulation, (301) 415-1423, e-mail: Mark.Padovan@nrc.gov

5. Technical Specifications; Administrative Changes (Part 50)
RIN: 3150-AI41
Docket ID: NRC-2008-0263

Abstract: The final rule amends the Commissionâ€™s regulations to resolve administrative issues raised in a petition for rulemaking (PRM- 50-91) submitted by the Strategic Teaming and Resource Sharing (STARS) Integrated Regulatory Affairs Group. In this final rule, the NRC is restoring the original paragraph designations as existed in 10 CFR 50.36 (c) prior to the final rulemaking, â€œLicenses, Certifications, and Approvals for Nuclear Power Plants (August 28, 2007; 72 FR 49352). In addition, the NRC is re-designating the new paragraph (c) which was adopted in the 2007 final part 52 rulemaking as a new subparagraph (a)(2).

The existing text of paragraph (a) is being redesignated as subparagraph (a)(1). The NRC believes that this re-designation of paragraph (a) will not involve any administrative issues, inasmuch as any reference to 10 CFR 50.36(a) will continue to be valid with the re-designation; and (ii) it is, in the NRCâ€™s view, unlikely that any technical specifications, final safety analysis reports, or plant plans and procedures actually reference paragraph (a) given the subject matter of that paragraph.

Final Action: Final Rule Published 09/24/08 73 FR 54931

Final Rule Effective 10/23/08

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Jason A. Lising, Office of Federal and State Materials and Environmental Management Programs,
(301) 415-3220; e-mail: Jason.Lising@nrc.gov

6. Inflation Adjustment to the Price-Anderson Act Financial Protection Regulation (Part 140)
RIN: 3150-AI44
Docket ID: NRC-2008-0512

Abstract: The final rule amends the Commissionâ€™s regulations regarding the maximum total and annual standard deferred premiums under the Price-Anderson Act to account for inflation. Section 170t. of the Atomic Energy Act, 42 U.S.C. 2210(t), requires the NRC to make these inflation adjustments every 5 years.

Final Action: Final Rule Published 09/29/08 73 FR 56451

Final Rule Effective 10/29/08

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Jody C. Martin, Office of the General Counsel,
(301) 415-1569; e-mail: Jody.Martin@nrc.gov

NRC Regulatory Agenda Proposed Rules

7. Decommissioning Planning (Parts 20, 30, 40, 50, 70, and 72)
RIN: 3150-AI55
Docket ID: NRC-2008-0030

Abstract: The proposed rule would amend the Commission=s regulations to prevent future legacy sites. One set of changes would revise 10 CFR 20.1406 and 20.1501 to require that licensees conduct their operations to minimize contamination at the site, including theÂ subsurface, and to document survey results with records important for decommissioning. A second set of changes would revise regulations in 10 CFR Parts 30, 40, 50, 70, and 72 to
provide tighter control of the decommissioning financial assurances and more detailed reporting by licensees of their decommissioning cost estimates. This rule was previously RIN 3150-AH45 which was completed in error in the previous cycle of the Unified Agenda.

Final Action: Proposed Rule Published 01/31/08 73 FR 3811

Comment Period Closed 04/07/08
Extension of Commend Period Published 03/20/08 73 FR 14946
Comment Period Closed 05/08/08

Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Kevin R. O=Sullivan, Office of Federal and State Materials and Environmental Management Programs,
(301) 415-8112, e-mail: Kevin.OSullivan@nrc.gov

8. Expansion of the National Source Tracking System (Parts 20 and 32)
RIN: 3150-AI29
Docket ID: NRC-2008-0200

Abstract: The proposed rule would amend the Commissionâ€™s regulations to expand the current National Source Tracking System (NSTS) to include certain additional sealed sources. The proposed amendments would require licensees to report certain transactions involving these sealed sources to the NSTS. These transactions would include the manufacture, transfer, receipt, disassembly, or disposal of the nationally tracked source. The proposed amendment
would also require each licensee to provide its initial inventory of nationally tracked sources to the NSTS and annually verify and reconcile the information in the system with the licensee’s actual inventory.

Final Action: Proposed Rule Published 04/11/08 73 FR 19749

Comment Period Closed 06/25/08
Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Michael K. Williamson, Office of Federal and State Materials and Environmental Management Programs,
(301) 415-6234; e-mail: Michael.Williamson@nrc.gov

9. Medical Use of Byproduct Material- Amendments/Medical Event Definition (Part 35)
RIN: 3150-AI26
Docket ID: NRC-2008-0071

Abstract: The proposed rule would amend the Commission=s regulations that govern medical use of byproduct material related to reporting and notifications of medical events to clarify requirements for permanent implant branchytherapy.

Final Action: Proposed Rule Published 08/06/08 73 FR 45635

Comment Period Closed 10/20/08
Extension of Comment Period Published 10/06/08 73 FR 58063
Comment Period Closed 11/07/08
Final Rule Published 09/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Edward M. Lohr, Office of Federal and State Materials and Environmental Management Programs,
(301) 415-0253; e-mail: Edward.Lohr@nrc.gov

10. Transfers of Certain Source Materials by Specific Licensees (Part 40)
RIN: 3150-AG64
Docket ID: NRC-2002-0013

Abstract: The proposed rule would amend the Commission=s regulations to require NRC approval for transfers from licensees of unimportant quantities of source material (less than 0.05 percent by weight) to persons exempt from licensing requirements. The objective of this proposed action is to ensure that the regulations regarding transfers of materials containing low concentrations of source material are adequate to protect public health and safety. Publication of the final rule is being delayed until certain recent related issues are resolved to minimize the possibility of future inconsistencies in the regulations.

Final Action: Proposed Rule Published 08/28/02 67 FR 55175

Comment Period Closed 11/12/02
Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Gary C. Comfort, Jr., Office of Federal and State Materials and Environmental Management Programs,
(301) 415-8106, e-mail: Gary.Comfort@nrc.gov

11. Large Break Loss-of-Coolant Accident (LB-LOCA) Redefinition (Part 50)
RIN: 3150-AH29
Docket ID: NRC-2004-0006

Abstract: The proposed rule would amend the Commission=s regulations to allow for a risk informed alternative to the present loss-of-coolant accident (LOCA) break size. This rulemaking would address a petition for rulemaking submitted by the Nuclear Energy
Institute (NEI) (PRM-50-75). A draft final rule was provided to the Advisory Committee on Reactor Safeguards (ACRS) on October 16, 2006. After reviewing the draft rule, the ACRS informed the Commission of numerous technical and policy concerns and recommended that the rule not be issued. The staff prepared a Commission paper (SECY-07-0082; May 16, 2007) to inform the Commission of the impact of the ACRS recommendations and to request guidance before proceeding with the rule. The Commission provided its guidance in a Staff Requirements Memorandum on August 10, 2007. On April 1, 2008, the staff provided an updated rule schedule to the Commission. In a meeting on August 6, 2008, selected NRC managers approved the Staffâ€™s recommended resolution of the open issues related to the final rule. The staff prepared draft rule language incorporating the new positions into
the rule and adding additional requirements for defense-in depth for pipe breaks larger than the TBS. Several meetings sere held to inform NRO of the planned approach. OGC reviewed the revised rule language and recommended that portions of the rule be re-notice
to provide an opportunity for public comments on some of the new rule requirements. In a meeting on October 8, 2008, NRC managers decided to repropose the entire rule. On December 18, 2008, the EDO signed a memorandum informing the Commission that the staff will re-notice the section 50.46a rule for additional public comments. The memorandum also stated that the EDO intends to publish the re-noticed rule in July 2009. The Commission will not approve the staffâ€™s schedule until after hearing public and industry views in a
Commission meeting on February 4, 2009.

Final Action: Proposed Rule Published 11/07/05 70 FR 67597

Comment Period Closed 02/06/06
Extension of Comment Period 01/25/06 71 FR 4061
Comment Period Closed 03/08/06
Proposed Rule Republished 07/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Richard F. Dudley, Office of Nuclear Reactor Regulation,
(301) 415-1116, e-mail: Richard.Dudley@nrc.gov

12. Amend Fracture Toughness Requirements Against Pressurized Thermal Shock Event (Part 50)
RIN: 3150-AI01
Docket ID: NRC-2007-0008

Abstract: The proposed rule would amend the Commission=s regulations that protect against brittle fracture of reactor vessels during severe cooldown events. The existing regulations establish screening limits that were developed based on what NRC believed to be a conservative probabilistic fracture mechanics analysis. Several licensees will exceed the screening limits in the current rule during their license renewal periods. The proposed rule would provide alternate fracture toughness requirements which reflect an updated technical basis.

Final Action: Proposed Rule Published 10/03/07 72 FR 56275

Comment Period Closed 12/17/07
Supplemental Proposed Rule Published 08/11/08 73 FR 46557
Comment Period Closed 09/10/08
Final Rule Published 07/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Veronica M. Rodriguez, Office of Nuclear Reactor Regulation,
(301) 415-3703, e-mail: Veronica.Rodriguez@nrc.gov

13. Consideration of Environmental Impacts of Temporary Storage of Spent Fuel After Cessation of Reactor Operation and Waste Confidence Decision Update (Part 50)
RIN: 3150-AI47
Docket ID: NRC-2008-0404 – NRC-2008-0482

Abstract: The proposed rule would amend the Commissionâ€™s regulations by revising its generic determinations on the timing of the availability of a geologic repository for commercial high-level radioactive waste and spent nuclear fuel, and on the environmental
impacts of storage of spent fuel at or away from reactor sites after the expiration of reactor operating licensing.

Final Action: Proposed Rule Published 10/09/08 73 FR 59547

Comment Period Closed 12/08/08
Extension of Comment Period Published 11/28/08 73 FR 72370
Extension of Comment Period Closed 02/06/09
Final Rule Published 06/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Tison A. Campbell, Office of the General Counsel
(301) 415-8579; e-mail: Tison.Campbell@nrc.gov

14. Power Reactor Security Requirements (Parts 50, 72, and 73)
RIN: 3150-AG63
Docket ID: NRC-2006-0016 – NRC-2008-0019

Abstract: The proposed rule would amend the Commission=s current security regulations and
add new security requirements pertaining to nuclear power reactors. Additionally, this

rulemaking includes new security requirements for Category I strategic special nuclear

material (SSNM) facilities for access to enhanced weapons and firearms background checks.

The proposed rulemaking would: make generically applicable security requirements imposed

by Commission orders issued after the terrorist attacks of September 11, 2001, based upon

experience and insights gained by the Commission during implementation, add several new

requirements that resulted from insights from implementation of the security orders,

review of site security plans, and implementation of the enhanced baseline inspection

program and force-on-force exercises; update the regulatory framework in preparation for

receiving license applications for new reactors; and impose requirements to assess and

manage site activities that can adversely affect safety and security. The proposed safety

and security requirements would address, in part, a petition for rulemaking (PRM-50-80)

that requests the establishment of regulations governing proposed changes to facilities

which could adversely affect the protection against radiological sabotage. The proposed

rulemaking would address a petition for rulemaking (PRM-73-11) regarding the posting of
armed guards at the entrances of the owner-controlled area of nuclear power plants. The

proposed rulemaking would address a petition for rulemaking (PRM-73-13) regarding access

to, and escort within the protected area of the nuclear power plant.

Final Action: Proposed Rule Published 10/26/06 71 FR 62663

Comment Period Closed 01/09/07
Extension of Comment Period Published 01/05/07 72 FR 480
Extension of Comment Period Closed 02/23/07
Supplemental Proposed Rule Published 04/10/08 73 FR 19443
Comment Period Closed 05/12/08
Final Rule Published 03/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Timothy Reed, Office of Nuclear Reactor Regulation,
(301) 415-1462, e-mail: Timothy.Reed@nrc.gov

15. Update Fuel Performance Considerations and Other Fuel Cycle Issues (Part 51)
RIN: 3150-AA31
Docket ID: NRC-2009-0082

Abstract: The proposed rule would amend the Commission=s regulations by addressing
uranium fuel cycle environmental data (Table S-3) and the environmental effects of

transportation of fuel and waste data (Table S-4). In ‘ 51.51, the environmental data

would be re-estimated and reflect changes in the structure and activities of the fuel

cycle and the availability of better data. Estimates of releases of Radon-222 and

Technetium-99 would be added to Table S-3. The addition of a specific value for Radon-222

would address the outstanding portion of petition for rulemaking PRM-51-1, submitted by

the New England Coalition on Nuclear Pollution. To provide immediate relief to the

petitioners= request, the Commission published a final rule on March 14, 1977 (42 FR

13803), that removed the original value for Radon-222 from Table S-3 so that it became

subject to case-specific litigation. It was anticipated that the Commission would add a

specific value for Radon-222, but the Commission deferred action until a general updating

of Table S-3 is undertaken. For ‘ 51.52, the environmental impact estimates would be

re-estimated to reflect the use of more highly enriched fuel and discharge of more highly

irradiated fuels from a reactor; as well as many changes needed to update fuel cycle

process and technologies.

This rulemaking would result in current and more accurate estimates of the environmental
impact of licensing a new plant, and would eliminate the requirement to review the

contribution to environmental impacts from Radon-222 and Technetium-99 in individual plant

reviews. This rule would be reissued as a proposed rule, and would update the initial

rulemaking effort to address newly emerging issues and research.

Final Action: Proposed Rule Published 03/04/81 46 FR 15154

Comment Period Closed 05/04/81
Proposed Rule Published Undetermined

Legal Authority: 42 USC 2011; 42 USC 2201; 42 USC 4321; 42 USC 5841; 42 USC 5842
Effects on Small Business and Other Entities: None
Agency Contact: Stewart Schneider, Office of Nuclear Reactor Regulation,
(301) 415-4123, e-mail: Stewart.Schneider@nrc.gov

16. Categorical Exclusions From Environmental Review (Part 51)
RIN: 3150-AI27
Docket ID: NRC-2008-0269

Abstract: The proposed rule would amend the Commissionâ€™s regulations by identifying

actions that have no significant effect on the human environment to eliminate wasteful and

unnecessary preparation of environmental assessments

Final Action: Proposed Rule Published 10/09/08 73 FR 59540

Comment Period Closed 12/23/08
Final Rule Published Undetermined
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None

Agency Contact: Cardelia Maupin, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-2312; e-mail: Cardilia.Maupin@nrc.gov

17. Consideration of Aircraft Impacts for New Nuclear Power Reactor Designs (Part 52)
RIN: 3150-AI19
Docket ID: NRC-2007-0009

Abstract: The final rule amends the Commissionâ€™s regulations by requiring applicants for

new nuclear power reactors to perform a design-specific assessment of the effects of the

impact of a large, commercial aircraft. The applicant is required to use realistic

analyses to identify and incorporate design features and functional capabilities to

ensure, with reduced use of operator actions, that either the reactor core remains cooled

or the containment remains intact, and either spent fuel cooling or spent fuel pool

integrity is maintained. These requirements apply to applicants for new construction

permits; new operating licenses that reference a new construction permit; new standard

design certifications, renewal of any of the four existing design certifications if
the design has not previously been amended to comply with the final rule; new standard

design approvals; manufacturing licenses that donâ€™t reference a standard design

certification or standard design approval, or that reference a standard design

certification issued before the effective date of the rule which has not been amended to

comply with the rule; and combined licenses that donâ€™t reference a standard design

certification, standard design approval, or manufactured reactor, or that reference a

standard design certification issued before the effective date of the rule which has
not been amended to comply with the rule. In addition, these amendments contain

requirements for control of changes to any design features or functional capabilities

credited for ensuring that the design can withstand the effects of an aircraft impact.

Final Action: Proposed Rule Published 10/03/07 72 FR 56287

Comment Period Closed 12/17/07
Final Rule Published 06/00/09
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None

Agency Contact: Stewart Schneider, Office of Nuclear Reactor Regulation,
(301) 415-4123, e-mail: Stewart.Schneider@nrc.gov

18. Security Requirements for Geological Repository Operations Area (GROA) (Parts 60,
63, 73, and 74)
RIN: 3150-AI06
Docket ID: NRC-2007-0670

Abstract: The proposed rule would amend the Commission=s regulations that would establish
post September 11, 2001, security and material control and accounting requirements for a

geologic repository operations area (GROA) to reflect the current threat environment.

Final Action: Proposed Rule Published: 12/20/07 72 FR 72521

Comment Period Closed 03/04/08
Extension of Comment Period Published 02/26/08 73 FR 10187
Comment Period Closed 05/05/08
Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Merri L. Horn, Office of Federal and State Materials and
Environmental Management Programs
(301) 415-8126, e-mail: Merri.Horn@nrc.gov

19. Implementation of a Dose Standard Beyond 10,000 Years (Part 63)
RIN: 3150-AH68
Docket ID: NRC-2005-0011

Abstract: The proposed rule would amend the Commission=s regulations to revise existing
regulations on technical criteria for disposal of high-level radioactive waste in a

geologic repository at Yucca Mountain, Nevada, to be consistent with the environmental

standards developed by the U.S. Environmental Protection Agency.

Final Action: Proposed Rule Published 09/08/05 70 FR 53313

Comment Period Closed 12/07/05
Final Rule Published Undetermined
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None

Agency Contact: Robert D. MacDougall, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-5175, e-mail: Robert.MacDougall@nrc.gov

20. License and Certificate of Compliance Terms (Part 72)
RIN: 3150-AI09
Docket ID: NRC-2008-0361

Abstract: The proposed rule would amend the Commission=s regulations by seeking to
improve regulatory efficiency by clarifying the scope, applicability, and terminology of

10 CFR Part 72 Certificates of Compliance (CoC) and general license regulations to better

align them with each other. In addition, it also seeks to provide consistency between the

general license requirements and the site-specific independent spent fuel storage

installation license requirements within 10 CFR Part 72. The Commission has also included

in this rule the resolution of issues associated with use by utilities of multiple

amendments to casks CoCs.

Final Action: Preliminary Draft Rule Language Published 08/04/09 73 FR 45173

Comment Period Closed 08/31/08
Proposed Rule Published 07/00/09
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None

Agency Contact: Keith McDaniel, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-5252, e-mail: Keith.McDaniel@nrc.gov

21. List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 5 (Part 72)
RIN: 3150-AI48
Docket ID: NRC-2008-0438

Abstract: This direct final rule amends the Commission’s regulations by revising the NAC
International, Inc., NAC-UMS Universal Storage System listing within the AList of Approved

Spent Fuel Storage Casks@ to include Amendment No. 5 to Certificate of Compliance

(CoC)Number 1015. Amendment No. 5 will codify the CoC to incorporate certain high burnup

PWR fuel as approved contents and to reflect those changes in the associated Technical

specifications (TS). In addition, the amendment to the CoC will include several other

changes to the TS and the final Safety Analysis Report to enhance the loading and storage

operation of the NAC-UMS Universal Storage System.

Final Action: Direct Final Rule Published 10/27/08 73 FR 63621

Direct Final Rule Effective 11/12/08
Proposed Rule Published 10/27/08 73 FR 63655
Comment Period Closed 11/26/08
Confirmation of Effective Date Published 01/12/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Jayne McCausland, Office of Federal and State Materials and
Environmental Management Programs,
(310) 415-6219, e-mail: Jayne.McCausland@nrc.gov

22. List of Approved Spent Fuel Storage Casks: MAGNASTOR Addition* (Part 72)
RIN: 3150-AI51
Docket ID: NRC-2008-0568

Abstract: The direct final rule amends the Commissionâ€™s regulations that apply to storage

of spent fuel to add the MAGNASTOR cast system to the â€œList of Approved Spent Fuel Storage
Casksâ€ under the conditions specified in Certificate of Compliance (CoC) Number 1031. The
MANASTOR system is a vertical, canister-based, dry storage system designed for interim

storage of up to 37 pressurized water reactor spent fuel assemblies or up to 87 boiling

water spent fuel assemblies. This cask design consists of a transportable storage canister

with welded closure, a concrete cask to contain the canister during the storage period,

and a transfer cask to contain the canister during loading, transfer and unloading

operations. The direct final rule allows the holders of power reactor operating licenses

to store spent fuel in this approved cask system under a general license.

Final Action: Direct Final Rule Published 11/21/008 73 FR 70587

Direct Final Rule Effective 02/04/09
Proposed Rule Published 11/21/08 73 FR 70607
Comment Period Closed 12/22/08
Confirmation of Effective Date 02/04/09
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None

Agency Contact: Jayne McCausland, Office of Federal and State Materials and
Environmental Management Programs,
(310) 415-6219, e-mail: Jayne.McCausland@nrc.gov

23. Criminal Penalties; Unauthorized Introduction of Weapons (Part 73)
RIN: 3150-AI31
Docket ID: NRC-2008-0458

Abstract: The proposed rule would amend the Commissionâ€™s regulations to Â§ 73.81 to make
the unauthorized introduction of weapons into or upon certain licensee facilities a

Federal crime.

Final Action: Proposed Rule Published 09/03/08 73 FR 51378

Comment Period Closed 10/20/08
Final Rule Published 06/00/09
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None

Agency Contact: James E. Adler, Office of the General Counsel,
(301) 415-1656; e-mail: James.Adler@nrc.gov

Advanced Proposed Rules

24. Entombment Options for Power Reactors (Parts 20 and 50)
RIN: 3150-AG89
Docket ID: NRC-2001-0012

Abstract: The advance notice of proposed rulemaking (ANPRM) was published seeking
stakeholder input on three proposed regulatory options and whether entombment was a viable
decommissioning alternative. In SECY 02-0191 (October 25, 2002), NRC staff proposed

deferring the rulemaking until the Office of Nuclear Regulatory Research completed

research to develop a sound technical basis for an entombment option. The Office of

Nuclear Regulatory Research conducted research in 2004 and 2005, and the work was

terminated in FY2005, at the direction of the Commission. A research information letter

was prepared summarizing the research results and regulatory implications of using

concrete barriers to prevent or control the release of radioactive materials from waste

disposal facilities or contaminated sites. The staff is continuing to defer this
rulemaking activity.

Final Action: ANPRM Published 10/16/01 66 FR 52551

Comment Period Closed 12/31/01
Proposed Rule Published Undetermined
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None

Agency Contact: Kevin R. O=Sullivan, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-8112, e-mail: Kevin.OSullivan@nrc.gov

25. Approach to Risk-Inform, Performance-Based Requirements for Nuclear Power Plants
(Parts 50 and 53)
RIN: 3150-AH81
Docket ID: NRC-2006-0008

Abstract: The advanced notice of proposed rulemaking would provide a new set of

riskinformed, performance-based requirements for nuclear power plants. This advanced

notice would create a new 10 CFR Part 53 applicable to all reactor technologies, although

it is primarily intended for advanced reactors. This action would create a more flexible

licensing process for new reactor technologies which would be more difficult to license

under the LWR-focused 10 CFR Part 50. The development of the proposed rule will take

advantage of lessons learned from the Next Generation Nuclear Plant (NGNP) and other

advanced reactor reviews expected to begin in or around 2013.

Final Action: ANPRM Published 05/04/06 71 FR 26267

Comment Period Closed 12/29/06
Proposed Rule Published 03/00/09
Legal Authority: 42 USC 2201; 42 USC 58411
Effects on Small Business and Other Entities: None

Agency Contact: William D. Reckley, Office of New Reactors,
(301) 415-7490, e-mail: William.Reckley@nrc.gov

26. Advance Notification to Native American Tribes of Transportation of Certain Types of
Nuclear Waste (Parts 71 and 73)
RIN: 3150-AG41
Docket ID: NRC-1999-0005

Abstract: The advance notice of proposed rulemaking (ANPRM) invited early input from
affected parties and the public on the issues associated with the advance notification of

Indian Tribes of spent fuel shipments. The Department of Energy (DOE) has indicated that

it intends to comply with NRC=s physical protection requirements for shipments under the

Nuclear Waste Policy Act; however, its current practices conflict with NRC regulations.

For example, DOE has asked for and will continue to ask for exemptions from the shipment

itinerary information requirements of foreign research reactor fuel. DOE, as a courtesy,

provides Indian Tribes with notification of spent fuel shipments. NRC=s current

regulations do not address notification of Indian Tribes. Further, DOE has developed a

satellite tracking system to monitor the status of spent fuel shipments at all times.

Distribution of this status information to parties other than Governors= designees is also

not compatible with NRC regulations. A rulemaking plan was approved by the Commission on
February 20, 2001. This rulemaking was put on hold by the Commission pending review of NRC
rules in response to events of September 11, 2001. The timing of this action is being

coordinated with the progress on other related rulemakings.

Final Action: ANPRM Published 12/21/99 64 FR 71331

Comment Period Closed 07/05/00 65 FR 18010
Proposed Rule Published Undetermined
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: James R. Firth, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-6628, e-mail: James.Firth@nrc.gov

27. Variable Annual Fee Structure for Power Reactors* (Part 171)
RIN: 3150-AI54
Docket ID: NRC-2008-0664

Abstract: The advanced notice of proposed rulemaking requests comments from the public on
a possible variable fee structure for part 171 annual fees for power reactors based on

licensed power limits.

Final Action: ANPRM Published 03/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Rebecca I. Ericson, Office of the Chief Financial Officer,
(301) 415-7126; e-mail address: Rebecca.Ericson@nrc.gov

Unpublished Rules

28. Revision to Petition for Rulemaking Process (Part 2)
RIN: 3150-AI30
Docket ID: NRC-2009-0044

Abstract: The proposed rule would amend the Commissionâ€™s regulations for petitions for
rulemaking (PRMs). This rule would clarify requirements and update the NRCâ€™s process for

the consideration and disposition of PRMs.

Final Action: Proposed Rule Published 12/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Cindy Bladey, Office of Administration,
(301) 415-6978; e-mail: Cindy.Bladey@nrc.gov

29. Amendments to Adjudicatory Process Rules and Related Requirements (Parts 2,
51, 54, 60, and 63)
RIN: 3150-AI43
Docket ID: NRC-2008-0415

Abstract: The proposed rule would amend the Commissionâ€™s adjudicatory rules of practice.
The proposed rule would correct errors and omissions that have been noticed since the

major revisions to the NRC’s rules of practice in early 2004. Further, this proposed rule

would amend the NRC’s adjudicatory process to provide increased efficiency to better focus

the limited resources of the NRC and other involved parties.

Final Action: Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Tison Campbell, Office of the General Counsel,
(301) 415-8579; e-mail: Tison.Campbell@nrc.gov

30. Late Filed Contentions of ITAAC (Parts 2 and 52)
RIN: 3150-AI34
Docket ID: NRC-2009-0087

Abstract: The proposed rule would amend the Commissionâ€™s regulations to establish a
limitation on the filing of late-filed contentions challenging whether acceptance criteria

in ITAAC have been or will be met under Section 52.102. The proposed rule would also

establish a separate hearing process for NRC consideration for such late-filed

contentions.

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Geary S. Mizuno, Office of the General Counsel,
(301) 415-1639; e-mail: Geary.Mizuno@nrc.gov

31. Controlling the Disposition of Solid Materials (Part 20)
RIN: 3150-AH18
Docket ID: NRC-1999-0002

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.

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None

Agency Contact: Kimyata Morgan Butler, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-0733, e-mail: Kimyata.MorganButler@nrc.gov

32. Geological Repository Operations Area (GROA) Fitness-for-Duty Requirements (Part 26)
RIN: 3150-AI38
Docket ID: NRC-2009-0089

Abstract: The proposed rule would amend the Commissionâ€™s regulations to reinstate the
alcohol and drug provisions of the fitness-for-duty requirements to a GROA. The rulemaking

would also impose fatigue provisions on security personnel at a GROA.

Final Action: Proposed Rule Published Undetermined

33. Fitness-For-Duty Programs* (Part 26)
RIN: 3150-AI58
Docket ID: NRC-2009-0090

Abstract: The proposed rule would amend the Commissionâ€™s regulations to ensure that
personnel who actually perform independent quality control/verification (QC/QV) checks

under the licenseeâ€™s NRC-approved quality assurance program are subject to the same Part

26, Subpart I provisions as operating personnel identified in section 26.4(a)(1).

Final Action: Proposed Rule Published 03/00/10

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Lynn M. Hall, Office of Nuclear Reactor Regulation,
(301) 415-3759; e-mail: Lynn.Hall@nrc.gov

34. Requirements for Distribution of Byproduct Material (Parts 30, 31, 32, 40, and 70)
RIN: 3150-AH91
Docket ID: NRC-2008-0338

Abstract: The proposed rule would amend the Commission=s regulations by making the
requirements for distributors of byproduct material more explicit, less prescriptive, and

more riskinformed, improve safety criteria for approving products through licensing

actions, and redefine categories of devices to be used under exemption.

Final Action: Proposed Rule Published 08/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Catherine Mattsen, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-6264, e-mail: Catherine.Mattsen@nrc.gov
35. Limiting the Quantity of Byproduct Material in a Generally Licensed Device
(Part 31)
RIN: 3150-AI33
Docket ID: NRC-2008-0272

Abstract: The proposed rule would amend the Commissionâ€™s regulations to limit the quantity

of byproduct material in generally licensed devices/sources to below one tenth of the

International Atomic Energy Agency (IAEA) code of conductâ€™s Category 3 threshold. The

proposed rule would also modify the compatibility categories contained in the current

regulations (10 CFR 31.5 and 31.6).

Final Action: Proposed Rule Published 04/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Solomon Sahle, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-0664; e-mail: Solomon.Sahle@nrc.gov

36. Clarification of Attesters and Supervisors* (Part 35)
RIN: 3150-AI59
Docket ID: NRC-2009-0098

Abstract: The direct final rule will amend the Commissionâ€™s regulations to clarify that
individuals grandfathered under Section 35.57 may also serve as attesters and supervisors

for individuals seeking authorizations on NRC licensees.

Final Action: Direct Final Rule Published 08/00/09
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Edward M. Lohr, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-0253; e-mail: Edward.Lohr@nrc.gov

37. Physical Protection of Byproduct Material* (Part 37)
RIN: 3150-AI56
Docket ID: NRC-2008-0120

Abstract: The proposed rule would amend the Commissionâ€™s regulations to add a new Part 37
to Title 10 of the Code of Federal Regulations. This new Part 37 will contain the security

(physical protection) requirements that are designed to provide reasonable assurance of

preventing the theft of diversion of Category 1 and Category 2 quantities of radioactive

material. The new provisions will address background checks, fingerprinting, access

control, physical security during use, and physical security during any transport of

Category 1 and Category 2 quantities of material.

Final Action: Proposed Rule Published 12/00/09

38. Distribution of Source Material to Exempt Persons and General Licensees and
Revision of 10 CFR 40.22 General License (Part 40)
RIN: 3150-AH15
Docket ID: NRC-2009-0084

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 10 CFR 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.

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Gary C. Comfort, Jr., Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-8106, e-mail: Gary.Comfort@nrc.gov

39. Uranium in Drinking Water (Part 40)
RIN: 3150-AH97
Docket ID: NRC-2009-0086

Abstract: The proposed rule would amend the Commission=s regulations to include a new
general license for a community water system (CWS), that during the treatment of drinking

water, may accumulate and concentrate naturally-occurring uranium in media, effluents, and

other residuals, above 0.05 percent by weight. This rulemaking is being delayed while NRC

evaluates the possibility of removing this type of activity from NRCâ€™s jurisdiction. In

the meantime, a CWS may choose to operate under the enforcement discretion policy

discussed in Regulatory Issue Summary RIS-06-020, â€œGuidance for Receiving Enforcement

Discretion When Concentrating Uranium at Community Water Systems,â€ dated September 14,

2006.

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Gary C. Comfort, Jr., Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-8106, e-mail: Gary.Comfort@nrc.gov

40. Groundwater Protection in Situ Leach Uranium Recovery Facilities (Part 40)
RIN: 3150-AI40
Docket ID: NRC-2008-0421

Abstract: The proposed rule would amend the Commission’s regulations to clarify the
regulations in 10 CFR Part 40, Appendix A, “Criteria Relating to the Operation of Uranium

Mills and the Disposition of Tailings or Wastes Produced by the Extraction or

Concentration of Source Material From Ores Processed Primarily for Their Source Material

Content,” to better ensure groundwater protection at in situ leach uranium recovery

facilities. The proposed rule would codify practices currently done through license

condition to provide the industry and public with more predictability during the licensing

process.

Final Action: Proposed Rule Published 06/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Gary C. Comfort, Jr., Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-8106; e-mail: Gary.Comfort@nrc.gov

41. Integrated Safety Analysis for Uranium Conversion and Deconversion Facilities*
(Part 40)
RIN: 3150-AI50
Docket ID: NRC-2009-0079

Abstract: The proposed rule would amend the Commissionâ€™s regulations to require an
integrated safety analysis (ISA) for facilities with significant quantities of uranium

hexafluoride or uranium tetrafluoride and large quantities of hazardous chemicals, such as

hydrogen fluoride; set possession limits for determining licensing authority (NRC or

agreement States), add definitions that are specific to an ISA; change the maximum

licensing term from 10 years to 40 years; and make administrative changes to the structure

of Part 40.

Final Action: Proposed Rule Published 08/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Edward M. Lohr, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-0253; e-mail: Edward.Lohr@nrc.gov

42. Administrative Changes (Parts 40 and 73)
RIN: 3150-AH49
Docket ID: NRC-2009-0085

Abstract: The final rule amends the Commission=s regulations to update the list of
Non-Agreement States.

Final Action: Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Michael K. Williamson, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-6234, e-mail: Michael.Williamson@nrc.gov

43. Integrated Rulemaking for Decommissioning Nuclear Power Reactors (Part 50)
RIN: 3150-AG47
Docket ID: NRC-2009-0083

Abstract: A staff requirements memorandum dated June 23, 1999, directed the NRC staff to
consider an integrated, risk-informed decommissioning rule rather than individual

rulemakings to address emergency preparedness, insurance, safeguards, operator staffing,

and backfit for nuclear power plants that are being decommissioned. SECY-99-168, dated

June 30, 1999, recommended that the integrated approach be approved and outlined staff

plans for pursuing such a rulemaking. Accordingly, the staff has subsumed previous

rulemaking activities in the areas of emergency planning, insurance, safeguards, operator

staffing, and backfit into one integrated rulemaking effort. This rulemaking would apply

to licensees who certified under ‘ 50.82(a), that they have permanently ceased facility

operation(s) and have permanently removed fuel from the reactor vessel. The Commission

approved this approach in an SRM dated December 21, 1999. This rulemaking also would

address a petition for rulemaking submitted by the North Carolina Public Utility

Commission (PRM-50-57). In SECY-00-0145, dated June 28, 2000, the NRC staff recommended a

decommissioning rulemaking plan in the areas of emergency planning, insurance, safeguards,

operator staffing, and backfit (the integrated decommissioning rulemaking plan). The

rulemaking plan relied on a draft decommissioning risk study as the basis for its

recommendations. The Commission returned the rulemaking plan to the staff for rework in

September 2000, based on changes to the decommissioning risk study findings. The

decommissioning risk study, NUREG-1738, was issued in January 2001. After assessing the

findings in the risk study, the staff presented a policy options paper to the Commission,

SECY-01-0100, dated June 4, 2001, that provided options and made recommendations on issues

to be addressed in the integrated rulemaking. Following the terrorist events of September

11, 2001, the NRC staff recommended and the Commission approved the withdrawal of

SECY-01-0101 because of the likely changes in the staff=s position on decommissioning

plant safeguards. The decommissioning policy position will be revisited when a
broad-scope NRC safeguards policy is developed in response to potential terrorist acts at

nuclear facilities. The schedule for the integrated rulemaking cannot be determined at

this time.

Timetable: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Mark S. Delligatti, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-8518, e-mail: Mark.Delligatti@nrc.gov

44. Modifications to Pressure-Temperature Limits (Part 50)
RIN: 3150-AG98
Docket ID: NRC-2008-0582

Abstract: The proposed rule would amend the Commission=s regulations to eliminate those
requirements for pressure-temperature limits that are related to the metal temperature of

the reactor pressure vessel closure head flange and vessel flange areas. The proposed rule

would amend footnotes 2 and 6 to Table 1 of Appendix G, and simplify restructuring of the

table. Also, this rulemaking would address the petition for rulemaking submitted by

Westinghouse Electric Company (PRM-50-69). Part 50, appendix H, contains reactor vessel

material surveillance program requirements to monitor changes in the fracture toughness

properties of the reactor vessel beltline due to neutron irradiation. Date from programs

established under appendix H index fracture toughness analyses contained in appendix G.

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Carolyn J. Fairbanks, Office of Nuclear Reactor Regulation,
(301) 415-6719, e-mail: Carolyn.Fairbanks@nrc.gov

45. Performance-Based ECCS Acceptance Criteria (Part 50)
RIN: 3150-AH42
Docket ID: NRC-2008-0332

Abstract: The proposed rule would amend ‘ 50.46 to develop performance-based acceptance
criteria for fuel cladding performance during loss-of-coolant accidents. Existing

provisions of ‘ 50.46 applicable to certain zirconium-based cladding materials would be

supplemented by performance-based standards for maximum peak cladding temperature and

oxidation limit. The supplementary performance standard would allow licensees to use

alternative cladding materials, without seeking an exemption, provided that testing

demonstrated that adequate ductility would be maintained, and ECCS analyses showed that

the new performance criteria would be satisfied. This rulemaking also would address a

petition for rulemaking submitted by the Nuclear Energy Institute (PRM-50-71). On May 30,

2008, NRC staff released a Research Information Letter (RIL) summarizing the proposed

technical basis for developing new performance-based ECCS acceptance criteria for
‘ 50.46(b). On June 30, 2008, Argonne National Laboratory completed NUREG/CR-6967,
â€œCladding Embrittlement during Postulated Loss-off-Coolant Accidents.â€ This document

describes the results of the NRC-sponsored testing program which supports the proposed

technical basis information in the RIL. Because of the importance of the NRCâ€™s fundamental

ECCS regulations in ‘ 50.46, the NRC has posted these documents on Regulations.gov to

solicit domestic and international public comments. (See http://www.Regulations.gov,

Docket ID NRC-2008-0332). The staff prepared a Federal Register notice (July 31, 2008; 73

FR 44778) soliciting public comments on the proposed technical basis. The staff also held

a public workshop (September 24, 2008), to facilitate discussion of the technical basis.

Overall, stakeholders were against going forward with rulemaking at this time. Industry

stakeholders estimated that the cost of implementing the rule was in excess of $200

million. A meeting was held on October 30, 2008, to discuss rulemaking readiness. The

staff recommended proceeding with an Advance Notice of Proposed Rulemaking (ANPR). On

December 2, 1008, the staff discussed this issue with the ACRS subcommittee on reactor

fuel. During the meeting, ACRS members were generally supportive of the staffâ€™s research
and conclusions. In its letter dated December 18, 2008, the ACRS also supported the

staffâ€™s plan for an ANPR. In a memorandum on December 19, 2008, the EDO informed the

Commission of the staffâ€™s technical conclusions and plans to issue an ANPR in August 2009.

The Commission approved the schedule.

Final Action: Proposed Rule Published 08/00/09

46. Decoupling of Assumed Loss of Offsite Power From Loss-of-Coolant Accident
(LOCA) (Part 50)
RIN: 3150-AH43
Docket ID: NRC-2008-0606

Abstract: The proposed rule would amend the Commission=s regulations to remove the
requirement to postulate unavailability of offsite power for all loss of coolant

accidents, as currently required by General Design Criterion 35. By taking into account

risk insights, this requirement would be removed for the larger, less likely events, but

would be retained for more frequent (smaller break) losses of coolant. The rulemaking

would facilitate certain facility changes, such as emergency diesel generator start times,

to optimize them for the more likely events rather than for rare events. In a Staff

Requirements Memorandum (SRM) dated March 31, 2003, the Commission directed the staff to

prepare a proposed rule. On April 27, 2004, the BWR Owners Group (BWROG) submitted the

topical report, â€œSeparation of Loss of Offsite Power from Large Break LOCAâ€ for staff

review. The BWROG indicated that the topical report would support plant-specific
exemption requests to implement specific plant changes that are currently not possible

with the existing rule requirements. The staff recommended in SECY-04-0037, that it be

allowed to finish its review of the topical report and pilot exemption request before

initiating rulemaking. In its SRM of July 1, 2004, the Commission approved the staff to

begin rulemaking after review of the BWROG pilot exemption request. After an ongoing

dialogue, on June 12, 2008, the BWROG withdrew its topical report, stating that

â€œâ€¦continued development of this LTR [Licensing Topical Report] is no longer cost effective

and, if ultimately approved in the form presently desired by NRC staff, adoption by

licensees would most likely be prohibitively expensive.â€ Therefore, the need for this

rulemaking is being reevaluated. This rulemaking activity is also considering the issues

raised in the petition for rulemaking submitted by Bob Christie (PRM-50-77).

Final Action: Proposed Rule Published
Undetermined Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Barry W. Miller, Office of Nuclear Reactor Regulation,
(301) 415-4117, e-mail: Barry.Miller@nrc.gov

47. Enhancements to Emergency Preparedness Regulations and Guidance (Part 50)
RIN: 3150-AI10
Docket ID: NRC-2008-0122

Abstract: The proposed rule would amend the Commission=s regulations to enhance the
emergency preparedness regulations to address concerns post September 11, 2001, as well as
improve the emergency preparedness process.

Final Action: Proposed Rule Published 04/00/09
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Lauren QuiÃ±ones-Navarro, Office of Nuclear Reactor Regulation,
(301) 415-2007, e-mail: Lauren.QuiÃ±ones@nrc.gov

48. Incorporation by Reference of 2005 Addenda Through 2008 Edition of ASME Code
(Part 50)
RIN: 3150-AI35
Docket ID: NRC-2008-0554

Abstract: The proposed rule would incorporate by reference the 2005 Addenda through 2008
Edition of Section III and Section XI, Division 1, of the American Society of Mechanical

Engineers.

Final Action: Proposed Rule Published 01/00/10
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: L. Mark Padovan, Office of Nuclear Reactor Regulation,
(301) 415-1423; e-mail: Mark.Padovan@nrc.gov

49. Emergency Response Date System (ERDS) Enhancement (Part 50)
RIN: 3150-AI36
Docket ID: NRC-2009-0088

Abstract: The proposed rule would amend the Commissionâ€™s regulations to Part 50,
Appendix E, Section VI, to modernize ERDs to increase its reliability and ability to

provide nuclear plant information to the NRC. The NRC will use this information to assess

plant conditions, and licensee response to those conditions, during emergencies involving

licensed nuclear facilities.

Final Action: Proposed Rule Published Undetermined

50. Incorporation by Reference of Revisions of Regulatory Guides (Part 50)
RIN: 3150-AI37
Docket ID: NRC-2009-0014

Abstract: The final rule would amend the Commissionâ€™s regulations to incorporate by

reference recent revisions of regulatory guides (RG 1.84, Revision 35, and RG 1.147,

Revision 16) listing NRC-approved American Society of Mechanical Engineers Boiler and

Pressure Vessel Code Cases pertaining to in-service inspection (DG-1134) and design,

fabrication, and materials (DG-1133) in nuclear power reactors.

Final Action: Final Rule Published 04/00/09

51. Environmental Effect of Renewing the Operating License of a Nuclear Power Plant
(Part 51)
RIN: 3150-AI42
Docket ID: NRC-2008-0608

Abstract: The proposed rule would amend the Commission’s regulations that provide the
environmental protection requirements for renewing nuclear power plant operating licenses.

The regulations require that licensees consider the impact that the licensing action could

have on the human environment.

Final Action: Proposed Rule Published 07/00/09
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Jason A. Lising, Office of Nuclear Reactor Regulation,
(301) 415-3220 e-mail: Jason.Lising@nrc.gov

52. Industry Codes and Standards; Amended Requirements* (Part 70)
RIN: 3150-AI53
Docket ID: NRC-2008-0663

Abstract: The direct final rule amends the Commissionâ€™s regulations to correct the upper

limit of existence of axial flaws orientation from 40 percent to 60 percent.

Final Action: Direct Final Rule Published 06/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Manash K. Bagchi, Office of Nuclear Reactor Regulation,
(301) 415-2905 e-mail: Manash.Bagchi@nrc.gov

53. Revise Part 71 for IAEA and DOT Compatibility (Part 71)
RIN: 3150-AI11
Docket ID: NRC-2008-0198

Abstract: The proposed rule would amend the Commissionâ€™s regulations at 10 CFR Part 71 to
make the requirements compatible with the 2005 edition of the International Atomic Energy

Agency Transportation Safety Standards, TS-R-1, and changes to the Department of

Transportation Hazardous Materials Regulations. This rulemaking would make other changes

to 10 CFR Part 71. The proposed rule would amend the quality assurance requirements to

make the regulation of quality assurance programs more efficient. In addition, the

proposed rule would (1) clarify the general license requirements and (2) make changes to

the exemptions relating to the classification of fissile material and low-level materials.

Final Action: Proposed Rule Published 10/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: James R. Firth, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-6628, e-mail: James.Firth@nrc.gov

54. List of Approved Spent Fuel Storage Casks: HI-STORM 100U, Revision 6* (Part 72)
RIN: 3150-AI57
Docket ID: NRC-2009-0080

Abstract: The direct final will amend the Commissionâ€™s regulations by adding the Holtec
International HI-STORM 100U model to the â€œList of Approved Spent Fuel Storage Casksâ€ (10

CFR 72.214). The HI-STORM 100U is an underground, vertical, ventilated, dry storage cask

that will be used to store spent nuclear fuel under the revised conditions of the

Certificate of Compliance.

Final Action: Direct Final Rule Published 07/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Neelam Bhalla, Office of Federal and State Materials and
Environmental Management Programs,
(310) 415-6843, e-mail: Neelam.Bhalla@nrc.gov

55. Physical Protection of Category 1 and Category 2 Quantities of Radioactive Material
(Part 73)
RIN: 3150-AI12
Docket ID: NRC-2008-0120

Abstract: The proposed rule would amend the Commission=s regulations to implement
requirements for fingerprinting and criminal history record checks for unescorted access

to Category 1 and 2 radioactive material and other property as required by Section 652 of

the Energy Policy Act (EPAct) of 2005, signed into law on August 8, 2005. The proposed

rule would also amend the regulations to address physical protection of Category 1 and 2

radioactive material and to address transportation security of these materials.
Timetable: Proposed Rule Published: 01/00/10

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Merri Horn, Office of Federal and State Materials and
Environmental Management Programs,
(301) 415-6185, e-mail: Merri.Horn@nrc.gov

56. Research and Test Reactor Fingerprinting Requirements for Unescorted Access
(Part 73)
RIN: 3150-AI25
Docket ID: NRC-2008-0619

Abstract: The proposed rule would amend the Commission=s regulations to require a

fingerprint based criminal history record check for individuals with unescorted access to

research and test reactors. In SECY-08-0196, dated December 19, 2008, the staff has

proposed that the Commission publish an advanced notice of proposed rulemaking requesting

public comment on several positions of interest pertaining to Research and Test Rectors

before initiating rulemaking.

Final Action:: Proposed Rule Published Undetermined
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Harry S. Tovmassian, Office of Nuclear Reactor Regulation,
(301) 415-3092; e-mail: Harry.Tovmassian@nrc.gov

57. Enhanced Weapons, Firearms Background Checks, and Security Event
Notification* (Part 73)
RIN: 3150-AI49
Docket ID: NRC-2008-0465

Abstract: The proposed rule would amend the Commissionâ€™s regulations by implementing the
new authority in Section 161A of the Atomic Energy Act of 1954, as amended, for access to
enhanced weapons and associated firearms background checks, and modifies certain security
event notifications at power reactor facilities and Category I strategic special nuclear

materials facilities.

Final Action: Proposed Rule Published Undetermined
Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Robert Beall, Office of Nuclear Reactor Regulation,
(301) 415-3874; e-mail: Robert.Beall@nrc.gov

58. Export and Import of Nuclear Equipment and Materials; Updates and Clarifications
(Part 110)
RIN: 3150-AI16
Docket ID: NRC-2008-0567

Abstract: The proposed rule would amend the Commission=s regulations to update, clarify,

and correct several provisions of 10 CFR Part 110 to improve NRCâ€™s regulatory framework

for the import and export of nuclear equipment, material, and radioactive waste. First, it

would revise requirements related to the import and export of Category 1 and Category 2

radioactive sources; second, it would clarify licensing requirements for the import and

export of radioactive waste to facilitate the licensing process and improve efficiency and

consistency of licensing actions, and third, the proposed rule would update, clarify and

correct a number of provisions in the import and export regulations.

Final Action: Proposed Rule Published 04/00/09

Legal Authority: 42 USC 2201; 42 USC 5841
Effects on Small Business and Other Entities: None
Agency Contact: Brooke G. Smith, Office of International Programs,
(301) 415-2347; e-mail: Brooke.Smith@nrc.gov

59. Revision of Fee Schedules; Fee Recovery for FY 2009* (Parts 170 and 171)
RIN: 3150-AI52
Docket ID: NRC-2008-0620

Abstract: The proposed rule would amend the Commissionâ€™s licensing, inspection, end 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
NRCâ€™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 though fees is approximately $ 864.8 million.

Final Action: Proposed Rule Published 04/00/09

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None
Agency Contact: Renu Suri, Office of the Chief Financial Officer,
(301) 415-0161; e-mail: Renu.Suri@nrc.gov

The Energy Net

NRC Regulatory Agenda: Rules (April – Nov. 2008)

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