ML20237E278

NRC Regulatory Agenda.Semiannual Report.January-June 1998

ML20237E278
Person / Time
Issue date:	07/31/1998
From:	NRC OFFICE OF ADMINISTRATION (ADM)
To:
References
NUREG-0936, NUREG-0936-V17-N01, NUREG-936, NUREG-936-V17-N1, NUDOCS 9808310089
Download: ML20237E278 (62)

Text

NUREG-0936 Vol. 17, No. 1 XRC Regulatory Agenda l

Semiannual Report January - June 1998 U.S. Nuclear Regulatory Commission Office of Administration

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AVAILABILITY NOTICE Availability of Reference Materials Cited in NRC Publications Most documents cited in NRC publications will be available from one of the following sources:

1, The NRC Public Document Room, 2120 L Street, NW., Lower Level, Washington, DC 20555-0001

2. The Superintendent of Documents, U.S. Government Printing Office, P. O. Box 37082, Washington, DC 20402-9328

3. The National Technical information Service, Springfield, VA 22161-0002 Although the listing that follows represents the majority of documents cited in NRC publica-tions, it is not intended to be exhaustive.

Referenced documents available for inspection and copying for a fee from the NRC Public Document Room include NRC correspondence and internal NRC memoranda; NRC bulietins, circulars, information notices, inspection and investigation notices; licensee event reports; vendor reports and correspondence; Commission papers; and applicant and licensee docu-monts and correspondence.

The following documents in the NUREG series are available for purchase from the Government Printing Office: formal NRC staff and contractor reports, NRC-sponsored conference pro-coedings, international agreement repoits, grantee reports, and NRC booklets and bro-chures. Also available are regulatory guides, NRC regulations in the Code of Federal Regula-tions, and Nuclear Regulatory Commission Issuances.

Documents available from the National Technical information Service include NUREG-series reports and technical reports prepared by other Federal agencies and reports prepared by the Atomic Energy Commission, forerunner agency to the Nuclear Regulatory Commission.

Documents available from public and special technical libraries include all open literature items, such as books, journal articles, and transactions. Federal Reg / ster notices, Federal and State legislation, and congressional reports can usually be obtained from these libraries.

Documents such as theses, dissertations, foreign reports and translations, and non-NRC con-forence proceedings are available for purchase from the organization sponsoring the publica-tion cited.

Single copies of NRC draft reports are available free, to the extent of supply, upon written request to the Office of Administration, Distribution and Mall Services Section U.S. Nuclear Regulatory Commission, Washington DC 20555-0001.

Copies of industry codes and standards used in a substantive manner in the NRC regulatory process are maintained at the NRC Library Two White Flint North,11545 Rockville Pike, Rock-ville, MD 20852-2738, for use by the public. Codes and standards are usually copyrighted and may be purchased from the originating organization or, if they are American National Standards, from the American National Standards institute,1430 Broadway, New York, NY 10018-3308.

NUREG-0936 Vol.17, No.1 NRC Regulatory Agenda 1

1 I

Semiannual Report January - June 1998 Manuscript Completed: July 1998 Date Published: July 1998 Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 l

1 l

Preface The Regulatory Agenda is a semiannual lowest to the highest part of Title 10 and are compilation of all rules on which the NRC identified wna a petition for rulemaking has recently completed action, or has (PRM) number. If more than one petition proposed action, or is considering action, and appears under the same CFR part, the of all petitions for rulemaking that the NRC petitions are arranged by PRM numbers in l

has received that are pending disposition. consecutive order within that part of Title 10. j Organization of the Agenda A Regulation Identifier Number (RIN) has been added to each rulemaking agenda entry.

The agenda consists f two sections that This identification number will make it ,

have been updated through June 30,1998. easier for the public and agency officials to I Section 1, " Rules," includes (A) rules on track the publication history of regulatory which final action has been taken since actions. The dates listed under the heading December 31,1997, the closing date of the " Timetable" for scheduled action by the last NRC Regulatory Agenda; (B) rules Commission, the Executive Director for l published previously as proposed rules on Operations (EDO), the Chief Financial which the Commission has not taken final Officer (CFO), or the ChiefInformation

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action; (C) rules published as advance Officer (CIO) on particular rules or petitions notices of proposed rulemaking for which are considered tentative and are not binding neither a proposed nor final rule has been on the Commission or its staff. They are issued; and (D) unpublished rules on which included for planning purposes only. This l

the NRC expects to take action. Regulatory Agenda is published to provide the public early notice and opportuniS to Section II," Petitions for Rulemaking," participate in the rulemaking process.

includes (A) petitions denied or incorporated However, the NRC may consider or act on into final rules since December 31,1997; (B) any rulemaking proceeding even ifit is not petitions incorporated into proposed rules; included in this Regulatory Agenda.

and (C) petitions pending staff review. Conversely, the inclusion in this Regulatory Agenda of unpublished rules on which the in Section I of the agenda, the rules are NRC is considering action does not commit ordered from the lowest to the highest part the NRC to publishing the rule for public within Title 10, Chapter I, of the Code of comment in the Federal Register.

Federal Regulations (Title 10). If more than one rule appears under the same part, the Rulemakings Approved by the Executive rules are arranged within that part by date of Director for Operations (EDO) most recent publication. If a rule amends multiple parts, the rule is listed under the The Executive Director for Operations lowest affected part. In Section 11 of the initiated a procedure for the review of the ,' . ,

agenda, the petitions are ordered from the regulations bemg prepared by staff offices iii NUREG-0936 i

Preface NRC Regulatory Agenda that report to him to ensure that staff Comments received on rules for which the resources were being allocated to achieve comment period has closed will be NRC's regulatory priorities most effectively. considered ifit is practical to do so, but This procedure requires EDO approval assurance of consideration cannot be given before staff resources may be expended on except as to comments received on or before the development of any new rulemaking. the closure dates specified in the agenda.

Those unpublished mies whose further The agenda and any comments received on development has been terminated will be any rule listed in the agenda are available for noted in this edition of the agenda and public inspection, and copying for a fee, at deleted from subsequent editions. Rules the Nuclear Regulatory Commission's Public whose termination was directed subsequent Document Room,2120 L Street, NW. ,

to publication of a notice of proposed (Lower Level), Washington, DC, between rulemaking or an advance notice of proposed 7:45 a.m. and 4:15 p.m.

rulemaking will be removed from the agenda after publication of a notice of withdrawal in Additional Rulemaking Information the Federal Register. Rules and Petitions for Rulemaking that appear in the agenda for the For further information concerning NRC first time are identified by an asterisk (*). rulemaking procedures or the status of any rule listed in this agenda, contact Betty K.

Public Participation in Rulemaking Golden, Regulations Specialist, Rules and Directives Branch, Office of Administration, Comments on any rule in the agenda may be U.S. Nuclear Regulatory Commission, sent to the Secretary of the Commission, Washington, DC 20555-0001, Telephone U.S. Nuclear Regulatory Commission, 301-415-6863 (persons outside the Attention: Rulemakings and Adjudications Washington, DC, metropolitan area may call Staff, Washington, DC 20555-0001. toll-free: 800-368-5642), or e-mail bkg2@nrc. gov. For further information on Comments may also be hand delivered to the substantive content of any rule listed in One White Flint North,11555 Rockville the agenda, contact the individual listed Pike, Rockville, Maryland, between 7:30 under the heading " Agency Contact" for that a.m. and 4:15 p.m., Federal workdays. rule.

y NUREG-0936 iv

l CONTENTS Page P re fa c e . . . . . . . . . . . . . . . . . . . . ........ .. .. .. ... ... .... ..... . . . . . . . iii (A) Final Rules

1. Statement of Organization and General Information; Minor Amendments (Parts 1,2,4,7,9,15,76,110) . . . . ..... ............. . . ... .. 1

2. Electronic Freedom ofInformation Act; Implementation (Part 9) . . . . . . . . . . . 1

3. Criteria and Procedures for Determining Eligibility for Access to Restricted Data or National Security Information or an Employment Clearance (Part 10) .................................. .. . ... . . .... 1

4. Access Authoriv.ation Fee Schedule for Licensee Personnel (Parts 11,25) . . .2

5. Revision of Dose Limit for Members of the Public Exposed to Hospitalized Radiation Patients (Parts 20, 35) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

6. Access to Secret Restricted Data (Parts 25,95) . . . . . . . . . . . . . . . . . . . . . . . . 3

7. Fitness for Duty (Scope Change) (Pait 26) . . . . . . . . . . . . . . . . . . . .. .3

8. Deliberate Misconduct by Unlicensed Persons (Parts 30,40,50,60,61,70,72, 150) . ............... ... . .. ....... ..... . .... . . .... 4

9. Self-Guarantee of Decommissioning Funding by Nonprofit and Non-Bond Issuing Licensees (Parts 3 0, 4 0, 5 0, 70, 72) . . . . . . . . . . . . . . . . . . . . . . . . 4

10. Revision of Prototype Testing Requirements for Dials, Hands, and Pointers Containing Tritium (Part 32) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

11. Specific Domestic Licenses of Broad Scope for Byproduct Material (Part 33) .5

12. License Term for Medical Licenses (Part 35) . . .. ... . ......5

13. Codes ard Standards; IEEE National Consensus Standard (Part 50) ......6 NUREG-0936 v

CONTENTS (A) ~ Final Rules (continued)

14. Revision to Nuclear Power Reactor Decommissioning Cost Requirements

' (Part 5 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

15. Physical Protection for Spent Nuclear Fuel or High-Level Radioactive Waste (Parts 60, 72, 73, 7 5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

16. Requirements for Shipping Packages Used to Transport Vitrified Wastes Containing Plutonium (Part 71) . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . ... 7 1

17. Revision of Fee Schedules; 100% Fee Recovery, FY 1998 (Parts 170,171) . . . 7 (B) Proposed Rules

18. Availability of Official Reco'rds (Part 2) '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

19. Procedures Applicable to Proceedings for the Issuance of Licenses for the Receipt of High-Level Radioactive Waste at a Geologic Repository

. (Part 2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

20. Minor Corrections, Clarifying Changes and a Minor Policy Change (Parts 20, 3 2, 3 5, 3 6, 3 9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , 1 0

21. Fitness for Duty (Part 26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,10

22. Requirements for Possession ofIndustrial Devices Containing Byproduct Material (Parts 31,32) .................. ......................... 11

23. Requirements Concerning the Accessible Air Gap for Generally Licensed Devices (Parts 31,32) ............................................I1

24. Shutdown and Fuel Storage Pool Operation at Nuclear Power Plants (Part 5 0) . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2

25. Reporting Reliability and Availability Information for Risk-Significant Systems and Equipment (Part 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

26. Audit Frequency for Emergency Planning and Security (Part 50) . . . . . . . . . . 13 NUREG-0936 vi

CONTENTS .

(B) Proposed Rules (continued)

27. Revision to Nuclear Power Reactor Decommissioning Financial Assurance Implementation Requirements (Part 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 l

l- 28. Industry Codes and Standards; Amended Requirements (Part 50) ......... 14 i

29. Codes and Standards; IEEE National Consensus Standard * (Part 50) . . . . . . . 14 l - 30. Financial Protection Requirements for Permanently Shutdown Nuclear Power l Reactors (Parts 5 0, 140) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5

31. Addition of Radon-222 and Technetium-99 Values to Table S-3 and Revisions Resulting from Consideration of Higher-Burnup Fuel (Part 51) . . . . . . . . . . . . 15

32. Initial Operator License Examination Requirements (Part 55) . . . . . . . . . . . . . 16

33. Elimination ofInconsistencies Between NRC Regulations and EPA HLW

- Standards (Part 60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

34. Clarification of Assessment Requirements for Sitmg Criteria and Performance Obj ectives (Part 60) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

35. Adoption of Part 20 Dose Limits and Dose Calculational Methodology in Part 72 (Part 72) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

36. Miscellaneous Changes (Part 72) . . . . . . . . . . . . .. . . . . . .. . . . . . . . . . . . . .18

37. Criteria for an Extraordinary Nuclear Occurrence (Part 140) . . . . . . . . . . . . . . 18

'(C)' Advance Notices of Proposed Rulemakings

38. Disposal by Release into Sanitary Sewerage (Part 20) . . . . . . . . . . . . . . . . . . . 21

39. Distribution of Source and Byproduct Materiah Licensing and Reporting Requirements (Parts 3 2, 4 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1

! 40. 'Cornprehensive Quality Assurance in Medical Use and a Standard of Care (Part 3 5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 NUREG-0936 vii

1 i

l CONTENTS (C) Advance Notices of Proposed Rulemakings (continued)

41. Steam Generator Tube Integrity for Operating Nuclear Power Plants 22 (Part 5 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,

1 (D) Unpublished Rules

42. Procedures Applicable to Proceedings for the Issuance of Licenses for the j Receipt of High-Level Radioactive Waste at a Geologic Repository (Part 2) . . 23 l l

43. Conformance to National Policies for Access to and Protection of Classified Information* (Parts 10, l l, 25, and 95) . . . . . . . . . . . . . . . . . . . . . . . .. 23 l 1

44. Submittal Procedures for Documents (Parts 19,20,30,31,32,34,35,36, l 39,40,50,51,52,55,60,61,62,70,71,72,73,74,75,140, and 150) . . . . . 24 i l

45. Respiratory Protection and Controls to Restrict Internal Exposure, Subpart H and Appendix A (Part 20) . . . . . . . . . . . . . . . . . . . . . . . ... .. 26

46. Transfer for Disposal and Manifests; Minor Technical Conforming Amendment * (Part 20) . . . . . . . . . . . . . . . . . . . . .. .......... . .. 26

47. Reqmments for Certain Generally Licensed Industrial Devices Containing Byproduct Material * (Parts 30,31, 32,170 and 171) . . . . . . . . . . . . . . . . . . 27

48. Requirements for Possession ofIndustrial Devices Containing Byproduct Material * (Part 31) . . . . . . . ........... ..... ............ .. .. 27

49. Clarification and Minor Corrections * (Part 34) . . . . . . . . . . . . . ... 28

50. Medical Uses of Byproduct Material (Part 35) . . . . . . . . . .. . . 28

51. Performance-Oriented Requirements for Fire Protection of Nuclear Power Facilities (Part S 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

52. Emergency Planning Requirements for Permanently Shutdown Nuclear Power Plant Sites (Part 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

53. Changes, Tests and Experiments (Part 50) . . . . . . . . . . . .... ... .... .30 NUREG-0936 viii

CONTENTS

.(D)' ' Unpublished Rules (continued)

54. Requirements for Monitoring the Effectiveness of Maintenance at Nuclear Power Plants (Part 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31

55. Modification to Event Reporting Requirements for Power Reactors *

(Part 5 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . 3 1

56. Standardized Plant Designs, Early Review of Site Suitability Issues; Clarifying Amendments (Parts 5 0, 5 2, 14 0) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2

' 57. Environmental Impacts of High-Level' Waste Transportation * (Part 51) . . . ., . 32

58. Disposal of High-Level Radioactive Waste in a Proposed Geologic Repository at Yucca Mountain, Nevada * (Part 63) . . . . . . . . . . . . . . . . . . . . . . 33

59. Domestic Licensing of Special Nuclear Material-Revision (Part 70) . . . . . . . . 33 I

60. Expand Applicability to Include Certificate Holders and Applicants and Their

- Contractors and Subcontractors (Part 72) . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 34

61. Elimination of Reporting Requirement and 30-Day Hold in Loading Spent Fuel After Preoperational Testing ofIndependent Spent Fuel or Monitored Retrievable Storage Installations * (Part 72) . . . . . . . . . . . . . . . . . . . . . . . . .34

62. Physical Protection for Spent Nuclear Fuel and High-Level Radioactive

~ Waste * (Part 73 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -. . . . . . . . . . . . . . . . . 3 5

63. Certification Renewal Amendment Processes (Part 76) . . . . . . . . . . . . . . . . . . 35

64. Financial Protection Requirements and Indemnity Agreements (Part 140) . . . 36 l- 65. Nuclear Regulatory Commission Acquisition Regulation (48 CFR Chapter 20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 6 i l, l l

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ix NUREG-0936

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F CONTENTS (A) Petitions Incorporated Into Final Rules or Petitions Denied Since June 30,1997 NONE.

(B) Petitions Incorporated Into Proposed Rules

1. University of Cincinnati (PRM-20-24) . . . . . . . .................. . . . 39 (C) Petitions Pending Staff Review Ohio Citizens for Responsible Energy, Inc. (PRM-9-2) .... . 41

2. .........

3. Keith J. Schlager, Ph.D., et al. (PRM-20-21) . . . . . . . . . . . . ... .. .. . . ... 41

4. Nuclear Energy lnstitute (NEI) (PRM-30-61) . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

5. Amersham Corporation (PRM-34-5) . . . . . . . . . .......... .... ... ..... . 42

6. National Registry of Radiation Protection Technologists (NRRPT)(PRM-35-13) . 42

7. Chromalloy Tallahassee (PRM-40-26) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42

8. Nuclear Energy Institute (PRM-50-61) . . . . . . . . . . . . . . . . . . ............ . 43

9. Nuclear Energy Institute (PRM-50-62) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43

10. Peter G. Crane (PRM-50-63 and PRM 50-63 A) . . . . . . . . . . . . . . . . . . . . . . . . . . 43

11. Nuclear Energy lnstitute (PRM-70-7) . . . . . . . . . . . . . . ...... .. ... . . 44

12. International Energy Consultants * (PRM-71-12) . . . . . . . . . . .. . . . . . ... .. 44

13. Portland General Electric Company (PRM-72-2) . . . . . . . . . . . . . . . . . . . . . . . . . . 45

14. Fawn Shillinglaw (PRM-72-3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ... 45

15. Prairie Island Coalition * (PRM-72-4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45

16. Envirocare of Utah, Inc. (PRM-150-2) . . . . . . . . . . . . . . . . . . . ......... . 46 NUREG-0936 x l

(A) FINAL RULES PUBLISIIED SINCE DECEM BER 31,1997

1 I-RULES L

A

NRC Regulatory Agenda Final Rules

1. Statement of Organization and information by placing more records online.

General Information; Minor The final rule implements statutory Amendments (Parts 1,2,4,7,9,15, provisions for establishing multitrack 76,110) processing of requests, permitting expedited RIN: 3150-AF89 processing of FOIA requests foi compelling reasons, extending the former 10-day Abstract. The final rule amends the requirement for processing requests to 20 Commissions statement oforganization and days, and establishmg the conditions and general information to reflect the Procedures for negotiatmg with requesters to reorganization within the Office of tailor requests to improve responsiveness.

Administration, the creation of the Omce of the ChiefInformation Officer, the creation of Timetable: Final Rule Published the Office of the Chief Financial Officer, and 01/20/98 63 FR 2873 the renaming of the Oflice of Personnel to Final Rule Effective the Oflice of Human Resources. These 02/19/98 changes are necessary to inform the public of these administrative changes to the NRC's Legal Authority: 5 USC 552; 42 regulations. USC 2201; 42 USC 5841 Timetable: Final Rule Published EITects on Small Business and 04/01/98 63 FR 15740 Other Entities. None Final Rule Effective Agency

Contact:

Russell A.

04/01/98 Powell, Oflice of the ChiefInformation Officer, (301) 415-7169, e-mail Legal Authority: 5 USC 552; 42 rapl@nrc. gov USC 2201; 42 USC 5841 EfTects on Small Business and 3. Criteria and Procedures for Other Entities. None Determining Eligibility for Access to Restricted Data or National Agency

Contact:

Alzonia W. Security Information or an Shepard, Office of Administration, (301) Employment Clearance (Part 10) 415-6864, e-mail awsl@nrc. gov RIN: 3150-AF48

2. Electronic Freedom ofInfocmation Abstract. The proposed rule would Act; Implementation (Part 9) have amended the Commission's regulations conforming NRC policy for access to and RIN: 3150-AF78 protection of National Security Information and Restricted Data to new national policies A bstract. The final rule conforms for the protection of his type ofinformation.

the Commission's regulations to the The existing regulations were issued before requirements of the Electronic Freedom of the October 31,1994, approval of the Information Act of 1996. The final rule National Industrial Secunty Program clarifies that FOIA applies equally to records Operating Manual (NISPOM) by the Deputy maintained in electronic format, and Secretary of Defense, and the April 17, broadens public access to government 1995, and August 2,1995, signature of Executive Orders 12958, Classified 1 NUREG-0936

Final Rules NRC Regulatory Agenda

. National Security information," and 12968, Abstract. The final rule amends the

" Access to Classified Information," by the Commission's regulations to revise the fee President. The NISPOM establishes a schedule for background investigations of uniform Government policy for the licensee personnel who require access to protection of classified National Security National Security Information and/or information and Restricted Data within Restricted Data and access to or control over industrial facilities under a contractual or Special Nuclear Material. These other (e.g., license) legal relationship with amendments comply with current regulations l

the Government.' Executive Order 12958 that provide that the NRC will publish fee revises the government-wide requirements ad ustments upon notification of any changes for classification and protection ofNational in he rate charged the NRC by the Office of Security Information, and Executive Order Personnel Management for conducting 12968 revises the government-wide investigations.

requirements for access to national Security Information. The current 10 CFR Part 10 is Timetable: Final Rule Published not fully compliant with the requirements of 05/07/98 63 FR 25156 the NISPOM and the new Executive Orders.

Some areas ofinconsistency are the NRC Final Rule EfTective Criteria for Determining Ehgibility for 05/07/98 Access to Restricted Data or National Security Information or an Employment Legal Authority: 42 USC 2201; 42 Clearance and the NRC Due Process Appeal USC 5841 Procedures. Part 10 must be amended to ensure its consistency with established Effects on Small Business and Other national policy for the protection of classified Entities. None information and due process. This rule has been subsumed by the p,roposed rule entitled, Agency

Contact:

Beth Bradshaw,

" Access to Secret Restncted Data,"(RIN Office of Administration, (301) 415-6540, 3150-AF82), and has been incorporated into e-mail mbbl@nrc. gov that rule.

Timetable: Incorporated into 5. Revision of Dose Limit for Members Proposed Rule of the Public Exposed to 06/30/98 Hospitalized Radiation Patients Legal Authority. 42 USC 2165; 42 USC 2201; 42 USC 5841; E.O.12958; RIN: 3150-AF91 E.O.12968; E.O.10865; E.O.10450 Abstract. The proposed rule would EITects on Small Business and Other have amended the Commission's regulations Entities. None to allow licensees the discretion to permit consenting visitors of hospitalized radiation Agency Coniact: Duane G. Kidd, patients to receive up to 0.5 rem (5 mSv) in Office of Administration, (301) 415-7403, a year as a result of their exposure to these e-mail dgk@nrc. gov patients. Also, the amendments would have responded to a petition for rulemaking from the University of Cincinnati (PRM-20-24).

4. Access Authorization Fee Schedule The petitioner requested that the NRC for Licensee Personnel (Parts 11,25) amend its regulations to revise the dose limit for members of the public exposed to RIN: 3150-AF90 hospitalized radiation patients. This rule has NUREG-0936 2

l NRC Regulatory Agenda Final Rules been subsumed by the proposed rule entitled, because, if adopted, the comments would  !'

" Medical Uses of Byproduct Material," (RIN subject licensees and/or cenificate holders to 3150-AF74), and has been incorporated into additional expenses. The DOE position also that rule. appears to exceed the requirements of the current national policy (the National Timetable: Incorporated into Industrial Security Program Operating Proposed Rule Manual) for the protection of such 06/30/98 information. It was decided that this issue could not be resolved without giving atrected

l. Legal Authority: 42 USC 2073; 42 parties additional opportunity to comment.

USC 2093; 42 USC 2095; 42 USC 2111;42 Therefore, a proposed rule resubmitting  ;

! USC 2133; 42 USC 2134; 42 USC 2201; 42 Q 21.15 and 95.35 of the original August 5, USC 2232; 42 USC 2233; 42 USC 2236; 42 1996, proposed rule for public comment is USC 2297f being developed. However, the need for

additional changes to these rules resulted in Effects on Small Business and Other the preparation of a new proposed regulatory Entities. None initiative, which has been forwarded to the  !

EDO. The initiative willincorporate this Agency

Contact:

Cathy Haney, rulemaking and the rulemaking entitled Office of Nuclear Material Safety and " Criteria and Procedures for Determining '

i Safeguards, (301) 415-6825, e-mail Eligibility for Access to Restricted Data or cxh@nrc. gov National Security Information or an Employment Clearance" into a single new, expanded rulemaking. This rule has been

6. Access to Secret Restricted Data - subsumed by the proposed rule entitled, (Parts 25,95) "Conformance to National Policies for Access to and Protection of Classified RIN: 3150-AF82 Information"(RIN 3150-AF97), and has been incorporated into that rule.

Abstract. The proposed rule would have amended the Commission's regulations Timetable: Incorporated into conforming NRC policy for access to Secret Proposed Rule Restricted Data to new national policies for 06/30/98 access to this type ofinformation. This change was origmally proposed, along with Legal Authority: 42 USC 220,42 numerous other changes to Parts 25 and 95, USC 2165; 42 USC 2273; 42 USC 5841; in the proposed rule, " Access to and E.O.12829; E.O.12958; E.O.12968; E.O.

Protection of Classified Information" 10865 (August 5,1996; 61 FR 40555). While most of the changes were generally accepted by Effects on Small Business and Other commenters, DOE's comments concerning Entities. None the level of background investigation required for access to Secret Restricted Data Agency

Contact:

Duane G. Kidd, ,

were significant and posed a dilemma for Office of Administration, (301) 415-7403, J NRC. Because of DOE's statutory e-mail dgk@nrc. gov responsibilities for the protection of Restricted Data, NRC did not want to ignore their comments without funher evaluaticn. 7. Fitness for Duty (Scope Change)

The NRC could not simply adopt them (Part 26) 3 NUREG-093o I

i

Final Rules NRC Regulatory Agenda RIN: 3150-AF13 Final Rule Effective 02/12/98 Abstract. The proposed rule would have amended the Commission's regulations Legal Authority: 42 USC 2201; 42 by changing the scope of the random drug USC 5841 testing requirements. The Commission has Effects on Small Business and Other determmed that this rule is unnecessary and Entities. Undetermined is termmating the rulemaking.

Agency

Contact:

Tony DiPalo, Timetable: Proposed Rule Office of Nuclear Material Safety and Terminated Safeguards, (301) 415-6191, e-mail 06/30/98 ajd@nrc. gov Legal Authority: 42 USC 2201; 42 USC 5841 9. Self-Guarantee of Decommissioning Funding by Nonprofit and Non.

Effects on Small Business and Other Bond Issuing Licensees (Parts 30,40, Entitses. None 50,70,72)

Agency

Contact:

Charles Hendren, RIN: 3150-AF64 Office of Nuclear Reactor Regulation, (301) 415-3209, e-mail chh@nrc. gov Abstract. The final rule amends the Commission's regulations to establish criteria that allows non-profit entities and non-bond issuing business corporations to use self-

8. Deliberate Misconduct by guarantee as an additional mechanism for Unlicensed Persons (Parts 30,40,50, hnancial assurance. The overall objective is 60,61.70,72,150) to reduce the licensee's cost burden without causing adverse effects on public health and RIN: 3150-AF35 safety.

Abstract. The final rule amends the Timetable: Final Rule Published Commission's regulations to put applicants 06/01/98 63 FR 29535 for NRC licenses and other unlicensed persons doing work for applicants on notice Final Rule Effective that they may be subject to enforcement 07/01/98 action under the Commission's existing regulations regarding deliberate misconduct. Legal Authority: 42 USC 2201; 42 This final rule corrects an apparent oversight USC 5841 from when the Deliberate Misconduct rule was adopted in 1991 and makes that rule EITects on Small Business and Other apply to applicants and to their employees, Entities. Yes contractors, and subcontractors,includmg consultants. Agency

Contact:

Dr. Clark Prichard, Office of Nuclear Material Safety and Timetable: Final Rule Published Safeguards, (301) 415-6203, e-mail 01/13/98 63 FR 1890 cwp@nrc. gov NUREG-0936 4

NRC Regulatory Agenda Final Rules

10. Revision of Prototype Testing Abstract. The advance notice of Requirements for Dials, Hands, and proposed rulemaking (ANPRM) was Pointers Containing Tritium published to request public comments and

~

(Part 32) suggestions on possible revisions to the Commission's regulations governing specific RIN: 3150-AF76 licenses of broad scope for byproduct material to clarify the regulatory Abstract. The final rule amends the and safety basis of current licensm,and g practices health Commission's regulations to permit and to provide licensees with the flexibility to timepieces containing gaseous tritium light make certain types of changes to their sources to be treated on the same regulatory radiation safety programs. The NRC was basis as those containing tritium paint with considering codification of guidance and regard to their distribution. The final rule license standard review plans for removes from the regulations the specific management oversight of broad-scope requirements for prototype testing of these licensed programs that include the role of the products containing tritium, while the Radiation Safety Officer, the responsibilities specifics for prototype testing will be of the Radiation Safety Committee, provided in a separate document. The final supervision, qualifications of the authorized rule sim plifies the licensing process and user, the use of audits and inventory allows t ie use of a new technology in self- requirements, and security and control of illuminated timepieces. This action has been licensed material. The majority of the taken in response to a petition for commenters responded negatively to the rulemaking (PRM-32-4) submitted by mb. ANPRM. After reviewing the comments, microtec, Inc. the NRC has decided to withdraw this ANPRM. The Commission approved the Timetable: Final Rule Published stafl's proposal to finalize draft guidance in a 06/17/98 63 FR 32969 NUREG as part of the ongoing guidance consolidation project. This NUREG will be Final Rule EfTective hl shed for public comment in August 08/17/98 l

Timetable: ANPRM Withdrawn l Legal Authority: 42 U.S.C. 2201: 42 03/25/98 63 FR 14381 USC 5841 Legal Authority: 42 USC 211I; 42 EITects on Small Business and Other USC 5841 Entities: None Effects on Small Business and Other Agency

Contact:

Donald Neth.s, Entities. No.

OfTice of Nuclear Material Safety and Agency

Contact:

Torre Taylor, Safeguards, (301) 415-6257, e-mail Oflice of Nuclear Material Safety and don @nrc. gov Safe uards, (301) 415-7900, e-mail tmt nrc. gov i 1. Specific Domestic Licenses of Broad l Scope for Byproduct Material 12. License Term for Medical Licenses (Part 33) (Part 35)

RIN: 3150-AF54 RIN: 3150-AF77 I I

5 NUREG-0936

Final Rules NRC Regulatory Agenda Abstract. The final rule amends the Standards;IEEE National Consensus Commission's regulations regarding license Standard" (RIN 3150-AF96).

term limits for medical use licenses. Medical use license terms will be set by policy up to - Timetable: Direct Final Rule 10 years, the same as license terms for other Withdrawn materials licenses. The NRC may issue some 12/23/98 62 FR 66977.

licenses for shorter terms if warranted by the circumstances oflicense applicants. The Legal Authority: 42 USC 2201; 42 revision reduces the administrative burden of USC 5841 license renewals for both NRC and licensees, and supports NRC's goal of streamlining the EITects on Small Business and Other licensing process. Entities. None Timetable: Final Rule Published Agency

Contact:

Satis' K.

06/10/98 63 FR 31604 Aggarwal, Office of Nuclear Regulatory Final Rule Effective Research, (301) 415-6005, e-mail 07/10/98 ska@nrc. gov Legal Authority: 42 USC 2111; 42 USC 2201; 42 USC 2232; 42 USC 2233; 42 14. Revision to Nuclear Power Reactor USC 5841 Decommissioning Cost EITects on Small Business and Other Entities. None RIN: 3150-AF40 Agency

Contact:

Jayne M- .

Abstract. The proposed rule would McCausland, Office of Nuclear Matenal have amended the Commission's regulations Safety and Safeguards, (301) 415-6219, to allow licensees greater flexibility by e-mail jmm2@nrc. gov! allowing site-specific funding amounts different from the NRC's generic values by both lesser and greater amounts. The

13. Codes and Standards; IEEE Commission has determined that this National Consensus Standard rulemaking i: unnecessary and is terminating (Part 50) this rulemaking.

RIN: 3150-AF73 Timetable: Proposed Rule Terminated Abstract. . The direct final rule 02'05/98 would have amended the Commission's regulations to incorporate by reference a Legal Authority: 42 USC 220I;42 -

national consensus standard for power,' USC 5841 instrumentation, and control portions of safety systems in nuclear power plants issued EITects on Small Business and Other by the Institute of Electrical and Electronics Entities. None Engineers (IEEE Std. 603-1991). This direct Agency

Contact:

Bn.an J. Richter, final rule was withdrawn due to the Office ofNuclear Reactor Regulation (30l) significant number of adverse comments 415-6221, e-mail bjr@nrc. gov received and has been revised. Because the rule was significantly revised, it is being reissued as a proposed rule (see " Codes and NUREG-0936 6 i

I i

l NRC Regulatory Agenda Final Rules

15. Physical Protection for Spent Abstract. The final rule a.aends the l Nuclear Fuel or Iligh-Level Commission's regulations by exempting Radioactive Waste (Parts 60,72, 73, canisters contaimng vitrified waste ) 1

75) containing plutonium from the packaging {

requirement for double containment. This i RIN: 3150-AF32 final rule responds to a petition for i rulemaking (PRM-71-11) submitted by the Abstract. The final rule amends the Department of Energy (DOE). This fmal rule {1 Commission's regulations to clarify physical reduces the regulatory requirements for protection requirements for spent nuclear certain DOE plutonium shipments, and fuel or high-level radioactive waste stored at therefore, cost less while having no independent spent fuel storage installations, significant reduction in health and safety. The power reactors that have permanently ceased primary purpose for double containment is to reactor operations, monitored retrievable ensure that any respirable plutonium will not i storage installations, and geologic repository leak into the atmosphere. The NRC statT operations areas. This rule allows general believes that vitrified waste containing licensees the option ofimplementing the plutonium is essentially nonres,pirable.

proposed physical protection requirements Therefore, the packaging requirement for for spent nuclear fuel stored in approved double containment is unnecessary. This -

casks at operating power reactor sites. This final nile also makes minor corrections to the action is necessary to reduce the regulatory usage of units to be consistent with existing uncertainty regarding the physical protection NRC policy, requirements for the storage of spent nuclear fuel and high level radioactive waste without Timetable: Final Rule Published reducing the level of protection for public 06/15/98 63 FR 32600 health and safety.

Final Rule Effective Timetable: Final Rule Published 07/15/98 05/15/98 63 FR 26955 Legal Authority: 42 USC 2201; 42 Final Rule Effective USC 5841 11/12/98 EITects on Small Business and Other Legal Authority: 42 USC 2201; 42 Entities. None USC 5841 Agency

Contact:

Mark Haisfield, Effects on Small Business and Other OfIice of Nuclear Material Safety and Entities: None Safeguards, (301) 415-6196, e-mail mfh@nrc. gov Agency

Contact:

Priscilla Dwyer, Office of Nuclear Material Safety and Safe 17. Revision of Fee Schedules; 100% Fee pad @3uards, nrc. gov (301) 415-8110, e-mail Recovery, FY 1998 (Parts 170,171)

RIN: 3150 AF83

16. Requirements for Shipping Packages Used to Transport Vitrified Wastes Abstract. The final rule amends the Containing Plutonium (Part 71) licensing, inspection, and annual fees charged to NRC licensees and applicants for an NRC RIN: 3150-AF59 license. The amendments are necessary to 7 NUREG-0936 L

Final Rules NRC Regulatory Agenda recover approximately 100 percent of the Final Rule Effective NRC budget authority for Fiscal Year 1998, 08/10/98 less the amounts appropriated from the Nuclear Waste Fund and the General Fund. Legal Authority: 42 USC 2201; 42 The Omnibus Budget Reconciliation Act of USC 5841 1990, as amended, requires that the NRC

- accomplish the 100 percent recovery through Effects on Small Business and Other

- the assessment of fees. .The dollar amount to .

Entities. Yes oc recovered for FY 1998 is $454.8 million.

The Act rec uires that the fees for FY 1998 Agency

Contact:

Glenda C. Jackson, must be col'.ected by September 30,1998. Office of the Chief Financial Officer, (301)

Therefore, the final rule is to become effective August 10,1998. 415-6057, e-mail gcj@nrc. gov Timetable: Final Rule Published 06/10/98 63 FR 31840 NUREG-0936 8

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NRC Regulatory Agenda Proposed Rules

18. Availability of Official Records Timetable: Proposed Rule Published (Part 2) 12/23/92 57 FR 61013 Comment Period Closed RIN: 3150-AC07 03/08/93 Abstract. The 3roposed amendment Final Rule Published would conform the N1C s regulations Undetermined pertaining to the availability of official records to existing case law and agency Legal Authority: 42 USC 2201; 42 practice. The amendment would reaflirm USC 5841 that 10 CFR 2.790(c) provides submitters of information a qualified right to have their Effects on Small Business and Other information returned upon request. This Entities. None amendment informs the public of three additional circumstances where information Age

Contact:

Catherine M. Holzle,

,will not be returned to the applicant,i,.e., Oflice obe General Counsel, (301) information which ha,s been made available 415-1560, e-mail cmh@nrc. gov to an advisory committee or was received at an advisory committee meeting, information discussed at an open Commission meeting under the Government in Sunshine Act, and for the Issuance of bicenses for the19. Procedure I mformation that is subject to a pendmg Freedom ofInformation Act request. Receipt ofIfigh-Level Radioactive Waste at a Geologic Repository (Part 2)

The proposed amendment would also address the NRC's procedures for handling RIN: 3150-AF88 copyrighted information, including reproduction and distribution according to Abstract. The proposed rule would normal agency practice. The NRC, in amend the Commission's regulations receiving submittals and making its normal regarding the licensing proceeding on the distributions, routinely photocopies disposal of high-level radioactive waste at a submittals, makes microfiche of the geologic repository (HLW proceeding). The submittals, and ensures that these fiche are proposed amendments are intended to allow distributed to the Public Document Room, application of technological developments Local Public Document Rooms, all that have occurred since the original rule was appro ariate internal,oflices, and made adopted in 1989, while achieving the original available,to the National Techmcal Information Service. This broad distribution goals of facilitating the Commission's ability and reproduction is made to increase public to comply w.ith the schedule for dec,sion i on understanding of the peaceful uses of atomic the construction authorization for the energy. The prcposed rule would not repository contained in Section 114(d) of the prevent submitters from applying 10 CFR Nuclear Waste Policy Act, and providing for 2.790(b)(1) procedures to information that a thorough technical review of the license contains trade secrets or privileged or application and equitable access to confidential commercial or financial information for the parties to the hearing.

information (proprietary information), and it is recognized that some information m,those Timetable: Pro aosed Rule Published categones may be copyrighted. Propnetary 11/: 3/97 62 FR 60789 mformation status exempts this matenal from public disclosure and is not to be confused Proposed Comment Period with handling pursuant to copyright Closed designation. 01/27/98 9 NUREG-0936

Proposed Rules NRC Regulatory Agenda Final Rule Published 21. Fitness for Duty (Part 26) 09/00/98 RIN: 3150-AF12 Legal Authority: 5 USC 552; 42 USC 2201; 42 USC 5841 Abstract. The proposed rule would amend the Commission's fitness-for-Effects on Small Business and Other duty regulations. This proposed rule would Entities. None also address the petition for rulemaking submitted by Virginia Electric and Power Agency

Contact:

Kathryn L. Company (VEPCO) (PRM-26-1), and Winsberg, Oflice of the General Counsel, address the Regulatory Review Group items (301) 415-1641, e-mail klw@nrc. gov on audit frequency and annual submittal of data. VEPCO requested that the Commission amend its fitness-for-duty

20. Minor Corrections, Clarifying regulations to change the frequency that Changes and a Minor Pohey Change licensees are required to audit their fitness-(Parts 20,32,35,36,39) for-duty programs from annually to biennially. The Commission and the EDO RIN: 3150- AF46 approved the stafTproposals in SECY-92-308, but asked that the stafT resubmit the proposed rule to address a Abstract. The proposed mie backfit analysis. The staff proposals were would amend the Commission's regulations submitted to the Commission m SECY to ncorporate minor corrections and 262 in October 1995, and were published in clarifying changes to 10 CFR Part 20 and the Federal Register on May 9,1996 (61 FR also make conforming changes to 10 CFR . Thirt -seven individuals provided Parts 32,35,36, and 39. In addition, a 21105)imatel approx 1,000 comments. The staff minor policy change is proposed that would has analyzed he comments and revised the revise the monitonng cntenon for minors proposed rule appropriately. The stafTmet and for declared pregnant women. with the Advisory Committee on Reactor Safeguards in July 1997 to discuss the Timetable: Proposed Rule revised rule. The staffis preparing an Published analysis of the application of the backfit rule 10/07/96 61 FR 52388 to each proposed change to facilitate the Commission's understanding of the issues.

Comment Period Closed The staff also plans to meet with the

.12/23/96 Committee to Review Generic Requirements before submitting the rulemaking package to Final Rule Published the EDO in October 1998.

07/23/98 Legal Authority: 42 USC 2201; 42 Timetable: Proposed Rule USC 2231; 42 USC 2241; 42 USC 2282 Approved by the EDO 03/01/93 Effects on Small Business and Other Entities. None Proposed Rule Published Agency

Contact:

Jayne M. 05/09/96 61 FR 21105 McCausland, Office of Nuclear Material Safety and Safeguards, (301) 415-6219, Comment Period Closed e-mail jmm2@nrc. gov 08/07/96 NUREG-0936 10

l 1

NRC Regulatory Agenda Proposed Rules Final Rule Published Legal Authority: 42 USC 2111; 42 12/00/98 USC 2114; 42 USC 2201 {

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

Contact:

Catherine R.

Mattsen, Ofhce of Nuclear Material Safety Agency

Contact:

Loren Bush, Office and Safeguards, (301) 415-6264, e-mail of Nuclear Reactor Regulation, (301) crm@nrc. gov 415-2944, e-mail lib @nrc. gov

23. Requirements Concerning the

72. Requirements for Possession of Accessible Air Gap for Generally Industrial Devices Containing Licensed Devices (Parts 31,32) llyproduct Material (Parts 31,32)

RIN: 3150- AD82 RIN: 3150-AD34 Abstract. The pr Abstract. The proposed rule would amend the Commiss,oposedion's regulations rule would have amended the Commission's to prevent unnecessary radiation exposure to regulations for the possession ofindustrial individuals resulting from the use of gauging devices containing byproduct material to devices containing radioactive sources. This require device users to report to the NRC 3roposed rule is scheduled to be withdrawn initially and then on a periodic basis. The 3ecause it no longer meets the current plans Commission has reconsidered these issues of the NRC staff. The staff will determine with the help of an NRC-Agreement State from the results of the risk assessment -

Working Group. The subject matter of this whether similar rulemakings should be rulemaking will be addressed by another developed.

rulemaking with the same title, which is scheduled to be published in November Timetable: Proposed Rule 1998. A subsequent, more comprehensive Published rulemaking in this area is also, planned. 11/27/92 57 FR 56287 Therefore, this proposed rule is going to be withdrawn. Comment Period Closed 03/29/93 Timetable: Proposed Rule Final Rule Published Published Undetermined 12/27/91 56 FR 67011 Comment Period Closed Legal Authority: 42 USC 2073; 42 03/12/92 USC 2093; 42 USC 2111; 42 USC 2232; 42 USC 2233; 42 USC 2273; 42 USC 5842 Notice of Withdrawal {

Published Effects on Small Business and Other

11/00/98 Entities. None l

11 NUREG-0936 l

1

i Proposed Rules NRC Regulatory Agendn Agency

Contact:

Jayne McCausland, Legal Authority: 42 U.S.C. 2201,42 Office of Nuclear Material Safety and U.S.C. 5841 Safeguards, (301) 415-6219, e-mali jmm2@nrc. gov Effects on Small Business and Other

_ Entities. None ,

24. Shutdown and Fuel Storage Pool Agency

Contact:

Tim Collins, Office ,

Operation at Nuclear Power Plants of Nuclear Reactor Regulation, (301) 415-(Part 50) 2895, e-mail tec@nrc. gov RIN: 3150-AE97

25. Reporting Reliability and l Abstract.- The proposed rule Availabihty Information for J would have amended the Commission's Risk-Significant Systems and regulations by adding regulatory Equipment (Part 50) requirements for shutdown operations at -

commercial nuclear power plants. The RIN: 3150 AF33 proposed rule was revised to incorporate fuel J I

storage pool operations. In response to Abstract. The proposed rule 1 comments submitted after the proposed rule would have amended the Commission's j was published, the staff rewrote the rule, the regulations to require that licensees for '

statement of consideration, the regulatory commercial nuclear power reactors report analysis, and the regulatory guide. The summary reliability and availability data for approach for the rule was revised to be more risk-sigmficant systems and equipment to the performance based (for shutdown NRC. Also, the proposed rule would have operations), to reflect risk-informed required hcensees to maintain onsite, and to decisions, and to address public comments make available for NRC inspection, records for shutdown and spent fuel storage pool and documentation that provide the basis for operations. The staff forverded the revised the summary data reported to the NRC. The proposed rule to the Commission in Commission has decided to accept industry's July 1997. In a Staff Requirements proposed voluntary alternative to the rule Memorandum dated December 11,1997, the and, therefore, plans to withdraw this Commission directed that the staff not rulemaking.

proceed further with this rulemaking; therefore, the staff plans to withdraw this Timetable: Proposed Rule proposed rule. Approved by the Commission Timetable; EDO Ap3 roved 10/24/95 Proposec.

Rulemaking Proposed Rule 07/93 Published 02/12/96 61 FR 5318 Proposed Rule Published Comment Period Closed 10/19/94 59 FR 52707 06/11/96 Comment Period Closed Notice of Withdrawal 02/03/95 Published 10/00/98 ,

Notice of Withdrawal Published Legal Authority: 42 USC 2201,42 Undetermined - USC 5841 NUREG-0936 12 l

1

1 i

NRC Regulatory Agenda Proposed Rules Final Rule Published Legal Authority: 42 USC 2111; 42 12/00/98 USC 2114; 42 USC 2201 Legal Authority: 42 USC 2201; 42 USC 5841 Effects on Small Business and Other Entities. Yes Effects on Small Business and Other Entities. None Agency

Contact:

Catherine R.

Mattsen, Oflice of Nuclear Material Safety Agency

Contact:

. Loren Bush, Office and Safeguards, (301) 415-6264, e-mail of Nuclear Reactor Regulation, (301) crm@nrc. gov 415-2944, e-mail lib @nrc. gov

23. Requirements Concerning the

22. Requirements for Possession of Accessible Air Gap for Generally Industrial Devices Containing Licensed Devices (Parts 31,32)

Byproduct Material (Parts 31,32)

RIN: 3150-AD82 RIN: 3150-AD34 Abstract. The pr Abstract. The proposed rule would amend the Commiss,oposedion's regulationsrule would have amended the Commission's to prevent unnecessary radiation exposure to regulations for the possession ofindustrial individuals resulting from the use of gauging devices containing byproduct material to devices containing radioactive sources. This require device t.sers to report to the NRC 3roposed rule is scheduled to be withdrawn initially and then on a penodic basis. The 3ecause it no longer meets the current plans Commission has reconsidered these issues of the NRC stafT. The staff will determire with the help of an NRC-Agreement State from the results of the risk assessment Working Group. The subject matter of this whether similar rulemakings should be rulemakmg will be addressed by another - developed.

rulemakmg with the same title, which is scheduled to be published in November Timetable: Proposed Rule 1998. A subsequent, more comprehensive Published rulemaking in this area is also planned. I1/27/92 57 FR 56287 Therefore, this proposed rule is going to be withdrawn. Comment Period Closed 03/29/93 Timetable: Proposed Rule Final Rule Published Published Undetermined 12/27/91 56 FR 6701l l

Comment Period Closed Legal Authority: 42 USC 2073; 42 03/12/92 USC 2093; 42 USC 2'111; 42 USC 2232; 42 USC 2233; 42 USC 2273; 42 USC 5842 Notice of Withdrawal Published Effects on Small Business and Other 11/00/98 Entities. None i

li NUREG-0936

NRC Regulatory Agenda Proposed Rules Effects on Small Business and Other Comment Period Closed Entities. None 10/14/97 Agency

Contact:

Dennis Allison, Final Rule Published Office for Analysis and Evaluation of 09/00/98

- Operational Data, (301) 415-6835, e-mail dpa@nrc. gov Legal Authority: 42 USC 2201; 42

_. USC 5841 26.' Audit Frequency for Emergency Effects on Small Business and Other Planning and Security (Part 50) Entities. None RIN: 3150-AF63 Agency

Contact:

Sandra D. Frattali, Office of Nuclear Reactor Regulation, (301)

Abstract. The proposed rule 415-3703, e-mail sdf@nrc. gov would amend the Commission's regulations by changing the frequency with which licensees conduct independent reviews and 27. Revision to Nuclear Power Reactor

. audits of their safeguards contingency plans, Decommissioning Financial security programs, and emergency Assurance Implementation preparedness programs. The regulations Requirements (Part 50) would be revised to require that licensees -

conduct program reviews and audits at least RIN: 3150-AF41 every 24 months. The pro, posed rule would also clarify that the necessity for more frequent, focused audits be based on an Abstract. The proposed rule would assessment by the licensee against amend the Commission s regulations to performance mdicators or a significant . modify the financial assurance requirements change in personnel, procedures, equipment, for the decommissioning of nuclear power or facilities. The proposed changes would plants. The impact of deregulation of the promote performance-based, rather than power generating industry has created compliance-based review and audit activities. uncertamty with respect to the availability of Also, the proposed changes would clarify decommissioning funds and would likely

- that programs must be reviewed and audited require a modification of the fmancial followmg a significant change in personnel, mechanism required by the NRC to provide procedures, or equipment as soon as decommissionmg funds when needed. The reasonably practicable, but no later than amendment would also require power 12 months after the changes. The purpose of reactor licensees to report periodically on the these focused audits would be to ensure that status of their decommissioning trust funds  !

changes have not adversely affected the during an extended safe storage period.

operation of the particular program element j

or function in cuestion. This proposed rule Timetable: ANPRM Published j also addresses PRM-50-59 and PRM-50-60 04/08/96 61 FR 15427 i submitted b Comment Period Closed j

- Company. y Virginia Electric and Power 06/24/96 Timetable: Proposed Rule Proposed Rule Published Published 07/31/97 62 FR 40978 09/10/97 62 FR 47588 13 NUREG-0936 L

Proposed Rules NRC Regulatory Agenda

(

Comment Period Closed Comment Period Closes l

11/24/97 03/03/98 i i Final Rule Published Final Rule Published 09/00/98 04/00/99 Legal Authority: 42 USC 2201; 42 Legal Authority: 42 USC 2201; 42 USC 5841 USC 5841  ;

Effects on Small Business and Other EITects on Small Business and Other Entities. None Entities. None  ;

Agency

Contact:

Brian J. Richter, Agency

Contact:

Wallace Norris, I Office of Nuclear Reactor Regulation, (301) Office ofNuclear Reacto Regulation, (301) 415-6221, e mail bjr@nrc. gov 415-6786, e-mail fccl@nrc. gov i

28. Industry Codes and Standards; 29. Codes and Standards; IEEE  !

Amended Requirements (Part 50) National Consensus Standard *

(Part 50)  :

RIN: 3150-AE26 RIN: 3150-AF96 Abstract. . The proposed rule would amend the Commission's regulations Abstract. The proposed rule that mandate use of Section 111 of the ASME would amend the Commission's regulations Boiler and Pressure Vessel Code (ASME to incorporate by reference IEEE Std.

BPV Code) for construction of Class 1,2, 603-1991," Criteria for Safety Systems for and 3 components m nuclear power plants, Nuclear Power Generating Stations," a  !

and use of Secti,on XI of the ASME BPV national consensus standard for power, I

Code for inservice inspection (ISI) and inservice testing (IST) of those components _ instrumentation, and control portions of ,

- Section 50.55a requires that each licensee safety systems in nuclear power plants. This i update its ISI and IST programs every 120 action is necessary to endorse the latest l months to the latest edition of the ASME version of this national consensus standard in i BPV Code endorsed by the NRC in that NRC's regulations. The Commission section of the regulations. The rulemakinS published a direct final rule on October 17, would also include expedited implementation 1997 (63 FR 53933). However, the direct of Section XI Appendix VII,1, Performance final rule was withdrawn due to the Demonstration for Ultrasome Examination significant number of adverse comments Systems. In addition, the proposed rule received and has been revised. Because the would incorporate by reference the ASME .

rule was s.igmficantly rev.ised, it is be.ing Operation and Maintenance (OM) Code to replace the Section XI requirements for IST. reissued as a proposed rule.

The latter action is made necessary by the ASME Code channes that transferred all Timetable: Proposed Rule responsibility for 13T from Section XI to the Published ASME Operation and Maintenance 04/23/98 63 FR 20136 Committee. Comment Period Closed 05/26/98

. Timetable: Proposed Rule

. Published Final Rule Published

' 12/03/97 62 FR 63892 11/00/98 NUREG-0936 14

NRC Regulatory Agenda Proposed Rules Legal Authority: 42 USC 2201; 42 Regulation, 301) 415-6206, e-mail USC 5841 gim@nrc.go(v Effects on Small Business and Other Entities. None 31. Addition of Radon-222 and Technetium-99 Values to Table S-3 Agency

Contact:

Satish K. and Revisions Resulting from Aggarwal, Office of Nuclear Regulatory Consideration of Higher-Burnup Research, (301 ska@nrc. gov ) 415-6005, e-mail Fuel (Part 51)

RIN: 3150-AA31

30. Financial Protection Requirements Abstract. The direct final rule will for Permanently Shutdown Nuclear amend the Commission's regulations by Power Reactors (Parts 50,140) adding estimates of releases of Radon-222 and Technetium-99 from activities in the RIN: 3150-AF79 nuclear fuel cycle to its Table of Uranium Fuel Cycle Environmental Data (Table S-3)

Abstract. The pr in 10 CFR Part 51. This amendment is would amend the Commiss,oposed rule ion's regulations necessary so that Tables S-3 and S-4 will to allow nuclear reactor licensees to reduce conform to the fmal rule of 10 CFR Part 51, onsite and offsite liability coverage during " Environmental Review for Renewal of permanent shutdown of the reactors if they Nuclear Power Plant Operating Licenses,"

meet specified reactor configurations. This (December 18,1996; 61 FR 66537), which proposed amendment would reduce the level will assure that Table S-3, which is used to ofinsurance coverage commensurate with address environmental impacts in light-the risk reduction after the appropriate spent water-cooled nuclear power reactor (LWR) I fuel cooling period following permanent licensing and relicensing proceedings, is 1 shutdown of the reactor. This nile will also sufficiently comprehensive to obviate the {

address a petition for rulemaking submitted need for case-by-case consideration of either by the North Carolina Public Utility technetium and radon emissions or Commission (PRM-50-57). environmental effects of higher enrichment fuel and higher fuel burnup in licensing Timetable: Proposed Rule actions. This amendment will also clarify' the Published meaning and intent of the term "zircaloy as 10/30/97 62 FR 58690 used in 51.52(a)(2) pertaining to cladding The term "zircaloy" has been changed to Comment Period Closed " zirconium alloy." Although the changes are 01/13/98 administrative in nature, a direct final rule will be used to allow the opportunity for Final Rule Published public comment. The direct final rule will be 1 09/00/98 placed on the FedWorld Bulletin Board at I the time it is published in the Federal  :

Legal Authority: 42 USC 2201; Register to enhance the ability for public 42 USC 5841 mput.

Effects on Small Business and Timetable: Proposed Rule L

Other Entities. None Published 03/04/81 46 FR 15154 Agency

Contact:

George Mencinsky, Office of Nuclear Reactor Comment Period Closed I 05/04/81 l 15 NUREG-0936 i

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i Proposed Rules NRC Regulatory Agenda i

before and since initiating the pilot program, Direct Final Rule and voluntary participation in the program Published has allowed the NRC to eliminate Undetermined approximately $3 million per year in contractor support for the operator licensing Legal Authority: 42 USC 2011; sograms. This rule will enable facility 42 USC 2201; 42 USC 4321; 42 USC 5841; licensees to exercise more control over the 42 USC 5842 cost oflicensing operators at their facilities.

Some licensees have saved money during the Effects on Small Business and pilot program, but others have had more Other Entities. None costly examinations, largely because the examinations they submitted for NRC review Agency

Contact:

Sandra and approval required extensive revisions to Frattali, Office of Nuclear Reactor achieve 'NRC standards for quality and level Regulation, (301) 415-3703, e-mail ofdifIiculty.

sdf@nrc. gov Timetable: Proposed Rule Published Initial Operator License 08/07/97 62 FR 42426 32.

Examination Requirements Comment Period Closed (Part 55) 10/21/97 RIN: 3150-AF62 Final Rule Published 08/00/98 Abstract. The proposed rule would amend the Commission s regulations to Legal Authority: 42 USC 2201; require power reactor facility licensees to prepare the written examinations and 42 USC 5841 operating tests, and to 3roctor and grade the written examinations,11at the NRC uses to Effects on Small Business and license operators and senior operators at Other Entities. None those facilities. The rule will also require the NRC to review and a aprove each Agency

Contact:

Siegfried examination and test aefore it is given and Guenther, Office of Nuclear Reactor preserve the NRC's authority to prepare the Regulation, (301) 415-1056, e-mail examinations and tests, as necessary, to sxg@nrc. gov maintain examination quality and stafT proficiency. This rule is not expected to affect reactor safety. 33. Elimination ofInconsistencies Between NRC Regulations and EPA Although a 1994 industry proposal to IILW Standards (Part 60) implement such a program on a voluntary ,

basis was rejected by the NRC, subsequent RIN: 3150-AC03 j budget reductions prompted the NRC to j reconsider its position. In 1995, the Abstract. The proposed rule would Commission ap 3 roved a voluntary pilot have eliminated several inconsistencies with 3 program to eva:uate the revised examination the generic EPA standards to be developed j process and, in 1996, directed the stafTto for the disposal of HLW in deep geologic mitiate the subject rulemaking. The results of repositories. The Nuclear Waste Policy Act the pilot examinations conducted through the of 1982 (NWPA) directs the NRC to issue end of FY 1997 are consistent with results of generic criteria for the licensing of HLW NRC-prepared examinations conducted geologic repositories. Section 121(c) of this NUREG-0936 16 l

NRC Regulatory Agenda Proposed Rules Act states that the criteria for the licensing of Legal Authority: 42 USC 10101 HLW geologic repositories must be consistent with these standards. The EITects on Small Business and Other proposed rule was necessary to eliminate Entities. None several inconsistencies with the EPA standards, thus fulfilling the statutory Agency

Contact:

Tim McCartin, requirement. ' However, most recently, Office of Nuclear Material Safety and Congress passed the Energy Policy Act of Safeguards, (301) 415-6681, e-mail 1992 (EnPA), which rec mres EPA to issue tjm3@nrc. gov radiation standards for t le proposed geologic repository at Yucca Mountain, based on and consistent with the 1995 34. Clarification of Assessment findings and recommendations of the Requirements for Siting Criteria and National Academy of Sciences (NAS). Performance Objectives (Part 60)

Under EnPA, NRC is also required to develop site-specific disposal regulations that RIN: 3150-AE40 would apply solely to geolo9ic re)ository at Yucca Mountain. NAS pubTishec its findings Abstract. The proposed rule would and recommendations in 1995. At present, amend the Commission's re,gulations the NRC staff has proposed and is concerning regulatory requirements for implementing a strategy for developing site- licensing of high-level waste geologic specific disposal regulations that would apply repositories. A June 30,1995, StatT solely to the proposed geologic repository at Requiremeris Memorandum, SECY 95-019, Yucca Mountam, cons,i stent with the 1995 disapproved issuance of the proposed final NAS findings and recommendations, and is amendments at this time because of deferring the updating / revising of 10 CFR significant Congressional activity with regard Part 60 generic requirements to a later date. to the Nuclear Waste Policy Act, and The NRC stafi's strategy for developing the directed staff to reconsider the need for the site-specific disposal regulations for Yucca amendments or guidance upon determining Mountain can be found in a Commission that the legislative situation has stabilized.

paper, designated SECY-97-300, dated Because Congressional activity in this area is December 24,1997. This strategy was ongoing and because the NRC is developing approved by the Commission in a Staff site-specific disposal regulations for Yucca Requirements Memorandum dated March 6, Mountain, Nevada, consistent with the 1998. Because the NRC is developing site- Energy Policy Act of 1992, the stafTis specific dis 30 sal regulations for Yucca planmng to withdraw this proposed Mountain, Nevada, consistent with the rulemaking.

Energy Pey Act of 1992, the staffis plannmg to withdraw this proposed Timetable: Proposed Rule Published rulemaking. These site-specific disposal 07/09/93 58 FR 36902 regulations will be addressed in another Comment Period Closed rulemaking.

10/07/93 Timetable: Proposed Rule Published Notice of Withdrawal 06/19/86 51 FR 22288 Published 08/00/98 Comment Period Closed 08/18/86 Legal Authority: 42 USC 10101; Public Law 97-425 Notice of Withdrawal l

r Published - Effects on Small Business and Other 08/00/98 Entities. None 17 NUREG-0936 i

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Proposed Rules NRC Regulatory Agenda Agency

Contact:

Michael P. Lee, Safeguards, (301) 415-6103, e-mail Office of Nuclear Material Safety and nst@nrc. gov Sa uards, (301) 415-6677, e-mail mpl nrc. gov

36. Miscellaneous Changes (Part 72)

35. Adoption of Part 20 Dose Limits and RIN: 3150-AF80 Dose Calculational Methodology in i Part 72 (Part 72) Abstract. The proposed mie would l amend the Commission s regulations to RIN: 3150-AF84 correct a number ofinconsistencies and  ;

clari the apphcability of several sections of Abstract. The proposed rule would Part 2. The proposed rule would update the criteria for radioactive releases differentiate the requirements for the storage from independent s ent fuel storage of spent fuel under wet and dry conditions, installations (ISFSI and monitored clanfy requirements for the content and retrievable storage mstallations (MRS). submission of various reports and specify Current standards in 10 CFR 72.106 are that quality assurance records must be based on the recommendations of the maintained as permanent records. The International Commission on Radiological Purpose and Scope would also be amended to reference the spent fuel storage cask Protection (ICRP) Publication Number 2 (ICRP-2,1959). The standards in Part 20, approval prccess and to delete obsolete previousl based on ICRP-2, were revised in information.

1991, an are currently based on ICRP Publication Number 26 (ICRP-26,1977). Timetable: Proposed Rule Published The current Part 20 requirements became 06/09/98 63 FR 31364 effective in 1994. This modification would result in a consistent level of protection of Comment Period Closes public health and safety, and reduce burden, 08/24/98 confusion, and uncertainty resulting from duplicative efTorts necessary to comply with Final Rule Published two different standards. 04/00/99 Timetable: Pro )osed Rule Published Legal Authority: 42 USC 2201; 42 03/ 9/98 63 FR 13372 USC 5841 Comment Period Closed Effects on Small Business and Other 05/04/98 Entities. None Final Rule Published Agency

Contact:

Mark L. Au, Ollice 12/00/98 of Nuclear Material Safety and Safeguards, (301) 415-6181, e-mail mla@nrc. gov Legal Authority: 42 USC 2201; 42 USC 5841

37. Criteria for an Extraordinary Effects on Small Business and Other Entities. None RIN: 3150-AB01 Agency

Contact:

Naiem Tanious, Abstract. The proposed rule would Oflice of Nuclear Material Safety and revise the criteria for an extraordinary NUREG-0936 18

NRC Regulatory Agenda Proposed Rules nuclear occurrence (ENO) to eliminate the Notice of Withdrawal aroblems that were encountered in the Three Published Mile Island ENO determination. The Undetermined Commission has determined that this

' rulemaking is unnecessary, and plans to Legal Authority: 42 USC 2201; 42 withdraw this proposed rule. USC 2210; 42 USC 5841; 42 USC 5842 Timetable: Proposed Rule Published EITects on Small Business and Other 04/09/85 50 FR 13978 Entities. None Comment Period Closed Agency

Contact:

Harry Tovmassian, 09/06/85 Office of Nuclear Reactor Regulation, (301) 415-6231, e-mail hst@nrc. gov l

t 19 NUREG-0936 L

1 F

(C) ADVAt. NOTICES OF PROPOSED RULEMAKING i

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NRC Regulatory Agenda ANPRMs

38. Disposal by Release into Sanitary Agency

Contact:

Anthony M.

Sewerage (Part 20) Huffert, Office of Nuclear Material Safety and Safeguards, (301) 415-6416, e-mail RIN: 3150-AE90 amhl@.nrc. gov Abstract. The advance notice of proposed rulemaking (ANPRM) was 39. Distribution of Source and published to request public comment, Byproduct Material: Licensing and mformation, and recommendations on Reporting Requirements (Parts 32, contemplated amendments to the 40)

Commission's regulations governing the release of radionuclides from licensed RIN: 3150-AE33 nuclear facilities into sanitary sewer systems.

The Commission believes that by Abstract. The advance notice of incorporating current sewer treatment proposed rulemaking (ANPRM) was technologies, the contemplated rulemaking published to request public comment on would improve the control of radioactive contemplated amendments to the materials released to sanitary sewer systems Commission's regulations governing the by licensed nuclear facilities. Currently, licensing of source material and mill tailings.

NRC and EPA are planning a survey of The Commission has determined that this publicly owned treatment works to develop a rulemaking is unnecessary and plans to better understanding of the levels of withdraw this ANPRM. The mill tailings radioactive materials present in sewage issues are to be addressed separately as part sludge and ash. This mformation is being of a rulemaking establishing a new Part 41.

collected to support NRC and EPA rule and policy making activities. This rulemaking Timetable: ANPRM Published would also address a petition for rulemaking 10/28/92 57 FR 48749 (PRM-20-22) submitted by the Northeast Ohio Sewer District (October 20,1993; Comment Period Closed 58 FR 54071). 01/26/93 Timetable: ANPRM Published Notice of Withdrawal 02/25/94 59 FR 9146 Published Undetermined Comment Period Closed Legal Authority: 42 USC 2201; 42 05/26/94 USC 5841 Proposed Rule Published Effects on Small Business and Other i Undetermined Entities. None Legal Authority: 42 USC 2201; 42 Agency

Contact:

Catherine R.

USC 5841 Mattsen, Office of Nuclear Material Safety and Safeguards, (301) 415-6264, e-mail Effects on Small Business and Other crm@nrc. gov Entities. None I

l 21 NUREG-0936 l

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ANPRMs NRC Regulatory Agenda

40. Comprehensive Quality Assurance in Abstract. The advance notice of Medical Use and a Standard of Care proposed rulemaking (ANPRM) was (Part 35) published to request public comment on the Commission's regulations pertaining to steam RIN: 3150-AC42 generator tube integrity. The objective of the rule would be to implement a more Abstract. The advance notice of flexible regulatory framework for steam proposed rulemaking (ANPRM) was generator surveillance and maintenance published to request public comment on the activities that would main:ain adequate extent to which, in addition to the basic assurance of tube integrity while allowing a quality assurance procedures (that were degradation- specific management approach addressed in another rulemaking action The staff completed a draft risk assessment

. entitled " Preparation, Transfer for and regulatory analysis and met with the Commercial Distribution, and Use of Advisory Committee on Reactor Safeguards Byproduct Material for Medical Use" (RIN in March, April, and June of 1997 to discuss 3150-AD69) (December 2,1994; 59 FR results and progress to date. As a result of 61767). The Commission has determined the regulatory analysis, the staff determined that this rulemaking is unnecessary due to that there was a need to revise the regulatory the overall revision of 10 CFR Part 35, approach to address tube integrity issues.

" Medical Uses of Byproduct Material" (RIN The staff sent the Commission a 3150-AF74), and plans to withdraw this memorsndum discussing this issue and ANPRM. recommending that the current regulatory approach be revised to use a generic letter Timetable: ANPRM Published The Commission has determined that this 10/02/87 52 FR 36949 rulemaking is unnecessary and plans to Comment Period Closed withdraw this ANPRM.

12/31/87.

Timetable: ANPRM Approved Notice of Withdrawal by the EDO 02/18/94 Published Undetermined ANPRM Published 09/19/94 59 FR 47817 Legal Authority: 42 USC 2111; 42 Comment Period Closed USC 2201; 42 USC 5841 12/05/94 EITects on Small Business and Other Notice of Withdrawal Entities. None Published U' undetermined Agency

Contact:

Jayne M.

McCausland, Office of Nuclear Material Legal Authority: 42 USC 220l,42 Safety and Safeguards, (301) 415-6219, USC 5841 e-mailjmm2@nrc. gov EITects on Small Business and Other Entities. None 1

41' Steam Generator Tube Integrity for Agency

Contact:

Tim Reed,00 ice of Operating Nuclear Power Plants Nuclear Reactor Regulation (301)

(Part 50) 415-1462, tar @nre gov i

RIN; 3150-AF04 j NUREG-0936 22 )

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(D) UNPUBLISilED RULES i

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NRC Regulatory Agenda Unpublished Rules

42. Procedures Applicable to Effects on Small Business and Proceedings for the Issuance of Other Entities. None Licenses for the Receipt ofIfigh-Level Radioactive Waste at a Agency

Contact:

Kathryn L.

Geologic Repository (Part 2) Winsberg, Office of the General Counsel, (301) 415-1641, e-mail kiw@nre. gov RIN: 3150-AF88 1

Abstract. The proposed rule 43. Conformance to National Policies would amend the Commission's regulations {

for Access to and Protection of regarding the licensing proceeding on the Classified Information* (Parts 10, disposal of high-level radioactive waste at a 11,25, and 95) geologic repository (HLW proceeding). The proposed amendments are intended to allow application of technological developments RIN: 3150-AF97 that have occurred since the original rule was adopted in 1989, while achieving the original Abstract. The proposed rule goals of facilitating the Commission's ability would amend the Commission's regulations to comply with the schedule for decision on by conforming NRC regulations to national the construction authorization for the requirements for the protection of and access repository contained in Section 114(d) of the to classified National Security Information Nuclear Waste Policy Act, and provic.ag for )

and Restricted Data, including revised )

a thorough technical review of the hcense application and equitable access to personnel security due process procedures; a ,

information for the parties to the hearing. new requirement for a facih.ty clearance for I those licensees or others who require access Timetable: Proposed Rule to classified information at a facility other Published than their own; additional information on the scope and reporting requirements for the 11/13/97 Foreign Ownership, Control, or Influence 62 FR 60789 (FOCI) program; a requirement for a foreign visitor control program; a change to the Comment Period period between reinvestigations for "L" and Closed "R" access authorizations from five years to 01/27/98 ten years; a change in the investigative requirements for "Q", "L", "U", and "R" l Finai Rule Published access authorizations; changes to the security l

08/00/98 classification markings to conform to

! Executive Order 12958; and greater Legal Authority: 5 USC 552; specificity as to when particular reports are 42 USC 2201; 42 USC 5841 required. Also, the proposed rule would .

l 23 NUREG-0936

Unpublished Rules NRC Regulatory Agenda include administrative matters such as Legal Authority: 42 USC 2165; modified defmitions to reflect a change in 42 USC 220; 42 USC 2273; 42 USC 5841; responsibility for certain decisions from the E.O.12829; E.O.12958; E.O.10865 Executive Director for Operations to the Deputy Executive Director for Management Effects on Small Business and Services and revisions to a number of Other Entities. None defmitions in all four parts to reflect a change in the name of the Division of Security to the Agency

Contact:

Duane G.

Division of Facilities and Security. Kidd, Office of Administration, (301) 415-7403, e-mail dgk@nrc. gov Additionally, the proposed rule republishes for additional public comment

@s 25.15 and 95.35, which address the 44. Submittal Procedures for personnel security investigative requirements Documents (Parts 19,20,30,31, for access to Secret Restricted Data. These 32,34,35,36,39,40,50,51,52,55, proposed changes were originally published 60,61,62,70,71,72,73,74,75, as a proposed rulemaking on August 5,1996 140, and 150)

(61 FR 40555), and would have permitted access to most Secret Restricted Data, other RIN: 3150-AF61 than that defined as " Critical Secret Restricted Data"(that term is no longer used Abstract. The proposed rule but the concept continues to be sued for would ensure that applications and reports selected types of Secret Restricted Data)in are captured at a central receipt point (the the NISPOM and its supplement, with an Document Control Desk (DCD)), are "L" clearance based on a National Agency .

included in the Nuclear Documents System Check with Law and Credit investigation. (NUDOCS), and are distributed on a more This republication now provides interested timely basis to the appropriate NRC staff, parties an equal opportunity to address the public document rooms, and omeial file issues and provide supporting rationale for centers. Part 50 requires licensee and their recommendations and comments. applicant submittals to be addressed _to a central receipt point, and copies to be sent to Timetable: Proposed Rule the Regional Administrator and Resident Approved by the EDO Inspector, when appropriate. Extending 07/31/98 these requirements to submittals made under other parts in 10 CFR Chapter I would +

Proposed Rule simplify and, to a great extent, standardize Published submittal procedures for NRC licensees and 08/00/98 improve the effectiveness of NRC's document control and distribution activities.

Final Rule Published The proposed rule would also codify 03/00/99 provisions for the electronic submittal of NUREG-0936 24

l

, NRC Regulatory Agenda Unpublished Rules documents, by incorporating a section into to the OCIO possibly inadvertently each 10 CFR Part (consistent with the modifying the regulations to impose written current 10 CFR Part 50) to allow lic'ensees submittals where they currently are optional, and applicants to make individual requests to and the OCIO's concern that the rule would the Omce of the ChiefInformation Omcer _

slow down the processing oflicense fee (OCIO) for approval to make submittals payments. In addition, the scope of the rule electronically and facilitate agency with regard to electronic submittals is being compliance with the Paperwork Reduction expanded to accommodate the objective of Act of1995 and OMB Circular A-130 the Commission-approved Agency-wide (Revised February 8,1996). Documents Access and Management System (ADAMS) to receive at least 70% of Improving the communications externally generated documents in electronic process and disseminating and storing format by FY 2000 The rule would give complete and accurate records is mutually licensees the option to make submittals beneficial to the NRC, licensees, and electronically using accepteble criteria and members of the public. The proposed standards that would be incorporated into revisions would require some NRC licensees the rule.

and applicants to revise the mailing address for applications, reports, and other written Timetable: Rulemaking Approved communications transmitted to the NRC. by the EDO l

This should result in minimal administrative 08/01/96 l burden for those affected. However, I

because the rule is expected to simplify Proposed Rule submittal procedures, licensees and Published l applicants should experience an overall 10/00/00 i reduction in photocopying and postage costs. The rule would benefit NRC and Final Rule Published members of the public because better control 02/00/01 of the documents entering the NRC would ensure that they are distributed to NRC staff, Legal Authority: 42 USC 2201, entered into NUDOCS, provided to the NRC 42 USC 5841 Public Document Room and Local Public Document Rooms, and dispatched to the Effects on Small Business and appropriate omcial file stations for retention Other Entities. Yes and retrieval.

Agency

Contact:

Michael D.

The initial date to publish the rule Collins, Omce of the ChiefInformation was not met because of the need to resolve Omcer, (301) 415-2488, e-mail issues raised by the Omce of Nuclear mdcl@nrc. gov Material Safety and Safeguards with regard j 25 NUREG-0936 I

'j

Unpublished Rules NRC Regulatory Agenda

45. Respiratory Protection and Final Rule Published Controls to Restrict Internal 03/00/99 Exposure, Subpart II and Appendix A (Part 20) Legal Authority: 42 USC 2073; 42 USC 2093; 42 USC 2095; 42 USC 2111; RIN: 3150-AF81 42 USC 2133; 42 USC 2134; 42 USC 2201; 42 USC 2232; 42 USC 2236 Abstract. The proposed rule would amend the Commission's regulations Effects on Small Business and by incorporating into Part 20 an industry Other Entities. None standard developed by the American National Standards Institute (ANSI) Agency

Contact:

Alan K.

standard Z88.2-1992, "American National Roecklein, Office of Nuclear Reactor Standard Practice for Respiratory Regulation, (301) 415-3883, e-mail Protection." The proposed changes would ajr@nrc. gov eliminate the unnecessary and detrimental use of respirators by applying ALARA principles to the sum of the Deep Dose 46. Transfer for Disposal and Equivalent and the Committed EfTective Manifests; Minor Technical Dose Equivalent, or the Total Effective Dose Conforming Amendment

• Equivalent. The use of process or (Part 20) engineering controls, decontamination of work areas, access control, and other RIN: 3150-AF99 procedures are stressed instead of the automatic use of respiratory protection Abstract. The final rule would devices, which tend to increase external dose amend the Commission's regulations stress. conceming low-level waste shipment manifest information. The currently effective Also, the proposed rule would allow codified regulations include manifesting the use of new respiratory protection devices requirements that are no longer applicable.

that have been proven etTective, discourage The use of new manifesting requirements, the use of other devices that are now which were issued on March 27,1995, considered less effective, adopt new became mandatory on March 1,1998.

Assigned Protection Factors based on ANSI Therefore, this action is necessary to remove determinations and revise respiratory expired provisions from the regulations. An protection procedures such as fit testing to additional correction is being made to the reflect current industry good practice. scope section of this part to rectify an inadvertent change.

Timetable: Proposed Rule Published Timetable: Final Rule Published 07/17/98 11/00/98 NUREG-0936 26

NRC Regulatory Agenda Unpublished Rules Legal Authority: 42 USC 2201; disposal of generally licensed devices and 42 USC 584I should help reduce the potential for incidents that could result in unnecessary radiation Effects en Small Business and exposure to the public as well as Other Entities. None contamination of property.

Agency

Contact:

Mark Timetable: Proposed Rule Haisfield, Oflice of Nuclear Reactor Published Regulation, (301) 415-6196, e-mail 06/00/99

• "* 8

• Legal Authority: 42 USC 2201, 42 USC 5841

47. Requirements for Certain Generally Licensed Industrial EITects on Small Business and Devices Contanung Byproduct Other Entities. Undetermined Material * (Parts 30,31,32,170 and 171) Agency

Contact:

Catherine R.

Mattsen, OfTice of Nuclear Material Safety RIN: 3150-AG03 and Safeguards, (30l) 415-6264, e-mail crm@nrc. gov A bstract. The proposed rule would amend the Commission's regulations for certain industrial devices containing 48. Requirements for Possession of byproduct material to include more specific Industrial Devices Containing provisions for a registration and accounting program mcluding associated annual fees and Byproduct Materiala (Part 31) modification of the quarterly transfer reporting requirements for manufacturers RIN- ~

3150-AG06 and initial distributors of these industrial devices. The rule would also consider other Abstract. The proposed rule recommendations made by an NRC would amend the Commission's regulations Agreement State Working Group in g verning the use of byproduct material in NUREG-1551, such as additional labeling certain measuring, gauging, or controlling requirements. The proposed rule is intended devices to explicitly require general licensees to ensure that general licensees are aware of who possess these devices to provide the and understand the requirements for the NRC with information concerning the possession ofdevice containing byproduct devices. The NRC intends to use this material and allow NRC to account for provision to provide legal basis to request devices which have been distributed for use information from licensees regarding under the general license. Better awareness accountabihty of devices contammg certam on the part of general licensees of their quantities of specific radionuclides that responsibilities would help to ensure that the present a higher risk (compared to other general licensees comply with the generally licensed devices) of exposure to requirements for proper handling and the public or property damage if a device 27 NUREG-0936

Unpublished Rules NRC Regulatory Agenda were lost and initiate an annual registration governing licenses for industrial radiography program. The rule is intendea to ensure that and radiation safety requirements for general licensees are aware of and industrial radiographic operations. This fmal understand the requirements for the rule is necessary to clarify the text to resolve possession of devices containing byproduct these ambiguities and to make changes to material and can account for their devices. correct some of the compliance dates Better awareness on the part of these .

specified in the revised rule.

licensees of their responsibilities would help to ensure that they comply with the requirements for proper handling and Timetable: Final Rule Published disposal of generally licensed devices and 07/09/98 should help reduce the potential for incidents that could result in unnecessary radiation Legal Authority: 42 USC 2201; exposure to the public as well as 42 USC 5841 contamination of property.

Effects on Small Business and Timetable: Proposed Rule Other Entities. None Published 10/00/98 Don Nellis, Agency

Contact:

Office of Nuclear Material Safety and Legal Authority: 42 USC 2201; 42 Safeguards, (301) 415-6257, e-mail USC 5841 don @nrc. gov EITects on Small Business and Other Entities. Undetermined

50. Medical Uses of Byproduct Agency

Contact:

Catherine R. Mattsen, Material (Part 35)

Office of Nuclear Material Safety and Safeguards, (30 l) 415-6264, e-mail crm'd.nre gov RIN: 3150-AF74 Abstract. The proposed rule would amend the Commission's regulations

49. Clarification and Minor for the use of radionuclides in medicine. The Corrections * (Part 34) process staned with NRC's 1993 internal senior management review report; continued RIN: 3150-AE07 with the 1966 independent external review by the National Academy of Sciences, Abstract. The fmal rule will Institute of Medicine; and culminated with amend the Commission's regulations t NRC's Strategic Assessment process, which clarify several ambiguities and to make addressed medical oversight. As a result of corrections to the recently revised these actions, the Commission directed the regulations (May 28,1997; 62 FR 28948) staff to restructure part 35 into a more risk-NUREG-0936 28

l NRC Regulatory Agenda Unpublished Rules oriented, performance-based regulation that 51. Performance-Oriented focuses on those procedures that pose the Requirements for Fire Protection highest risk. Alternative regulatory of Nuclear Power Facilities oversights will be considered for those (Part 50) diagnostic procedures that are consistent with the lower overall risk of these RIN: 3150-AF29 procedures. Other issues to be considered during the rulemaking include: the best way Abstract: The proposed rule to capture not only relevant safety-significant events, but also precursor events; revision of would amend the Commission's fire the quality management program to focus on protection regulations for voluntary adoption those requirements that are essential for by nuclear power plant licensees. The patient safety; the viability of using or requirements would be performance-oriented referencing available industry guidance and and risk-based, allow flexibility in the standards, to the extent that they meet NRC implementation of safety objectives, and needs; and training and experience for allow the use of probabilistic risk analysis authorized users, radiation safety officers, and fire-model computer codes to and medical physicists. Public input on demonstrate compliance with the safety regulatory alternatives for these and other objectives. This proposed rule would also crosscutting issues were solicited via the respond to a petition for rulemaking Internet, Federal Register notices, and public (PRM-50-61), submitted by the Nuclear workshops. Energy Institute, to amend current regulations to establish a more flexible Timetable: Proposed Rule alternative to the current prescriptive Published regulation in Appendix R of 10 CFR Part 50.

08/00/98 In a staff requirements memorandum dated Final Rule Published September 11,1997, on SECY-97-127, the 09/00/99 Commission directed the stafTto develop an expedited schedule for rulemaking. The staff Legal Authority: 42 USC 2111; proposed its response to this SRM in SECY-42 USC 220I; 42 USC 2232; 42 USC 2233;98-058 dated March 26,1998, and brief the 42 USC 5841 Commission on March 31,1998.

EITects on Small Business and Timetable: Proposed Rule Other Entities. None Published Undetermined Agency

Contact:

Cathy Haney, Office of Nuclear Material Safety and Legal Authority: 42 U1_220I; Safeguards, (301) 415-6825, e-mail 42 USC 2231; 42 USC 2241; 42 USC cxh@nrc. gov 2282 29 NUREG-0936

Unpublished Rules NRC Regulatory Agenda Effects on Small Business and Agency

Contact:

George J.

Other Entities: None Mencinsky, Office of Nuclear Reactor Regulation, (301) 415-6206, e-mail Agency

Contact:

Ed Connell, gjm@nrc gov Ollice of Nuclear Reactor Regulation, (301) 415-2838, e-mail eac@nrc. gov

53. Changes, Tests and Experiments

52. Emergency Planning (Part 50)

Requirements for Permanently Shutdown Nuclear Power Plant RIN: 3150-AF94

) Sites (Part 50)

RIN: 3150-AF92 Abstract. The proposed rule would amend the Commission's regulations Abstract. The proposed rule concerning authority oflicensees for would amend the Commission's regulations protection or utilization facilities to make by providing relief from emergency planning changes to their facilities or procedures, requirements for permanently shutdown without prior NRC approval. The proposed nuclear power plant sites based on the rule would clarify the criteria that determine reduced risks associated with the when prior approval is needed. The purpose configuration of the stored fuel and the of the rulemaking is to resolve ditTerences in passage of time since power operation. interpretation of requirements within the These factors, under specified conditions, nuclear community so that changes which result in significantly reduced accident risk might affect the basis for licensing are and consequences and, therefore, not reviewed prior to implementation, without warranting emergency plans devised for full also subjecting less significant changes to the power operations. license amendment review process. In an SRM dated April 25,1997, the Commission Timetable: Proposed Rule directed the staff to develop a rulemaking Published plan that would not require prior approval 12/00/98 for changes involving small or negligible increases in probability of occurrence or Final Rule Published consequences of accidents or malftmetion 09/00/99 The stafTrecommended rulemaking on this issue in SECY-97-205, dated September 10, Legal Authority: 42 USC 2201, 1997, and is awaiting Commission direction 42 USC 5841 Timetable: Rulemaking Approved EITects on Small Business and by the EDO Other Entities. None 09/10/97 NUREG-0936 30

NRC Regulatory Agenda Unpublished Rules Proposed . Rule activities and resulted in undesirable plant Published configurations. The proposed amendment 08/00/98 would be designated as Q50.65(a)(4).

Additionally, the rule would be changed to Legal Authority: 42 USC 2201; add that the requirements are applicable 42 USC 5841 during all conditions of plant operation, including normal shutdown conditions.

Effects on Small Business and Other Entities. None Timetable: Proposed Rule Published Agency

Contact:

Eileen 08/00/98 McKenna, Office of Nuclear Reactor Final Rule Published .

Regulation, (301) 415-2189, e-mail 04/00/99 emm@nrc. gov -

Legal Authority: 42 USC 2201; 42 USC 5841

54. Requirements for Monitoring the Effectiveness of Maintenance at Effects on Small Business and Nuclear Power Plants (Part 50) Other Entities. None RIN: 3150-AF95 Agency

Contact:

Richard l

Correia, Office of Nuclear Reactor j Abstract. Regulation, (301) 415-1009, e-mail The Commission has directed the stafTto prepare a modification to rpc@nrc. gov the maintenance rule to require that safety assessments be taken into account before performing maintenance activities. 55. Modification to Event Reporting j Currently, the rule recommends (vs requires) Requirements for Power Reactors

• j that safety assessment be performed for (Part 50) preventive maintenance activities. The intent l

of this part of the rule is to assure that the RIN: 3150-AF98 cumulative impact of out-of-service equipment on the performance of safety Abstract. The advance notice of functions does not result in the plant being proposed rulemaking (ANPRM) would placed in risk-sigr?'icant configurations. request public comment on the Results for the stan's maintenance rule Commission's event reporting requirements baseline inspections indicated that many for nuclear power reactors contained in licensee's processes for conducting safety 50.72 and 50.73. The rulemaking would assessment are inadequate and in some cases, reduce or eliminate the reporting burden

- implen entation of these procesces were not associated with events oflittle or no safety followed during preventive maintenance significan

e, and better align the rules with 31 NUREG-0936

1 Unpublished Rules _

NRC Regulatory Agenda the NRC's current needs, including revising information to the NRC, and that its Price-reporting requirements based on importance Anderson requirements apply to combined )

to risk and extending the required reporting license holders. Also, the proposed rule ]

w uld correct / clarify other matters that may 1 items consistent with the need for prompt be identified as the result of the imtial des,gn i

NRC action. certification rulemakings.

Timetable: ANPRM Published Timetable: Proposed Rule 07/00/98 Published {

Undetermined Proposed Rule Published Legal Authority: 42 USC 2201; 04/00/99 42 USC 5841 Effects on Small Business and Final Rule Published Other Entities. Undetermined 01/00/00 Agency

Contact:

Geary S-Legal Authority: 42 USC 2201, Mizuno, Office of the General Counsel, 42 USC 5841 (301) 415-1639, e-mail gsm@nrc. gov Effects on Small Business and Other Entities. None 57. Environmental Impacts of liigh-Level Waste Transportation

• Agency

Contact:

Dennis P. (Part 51)

Allison, Office for Analysis and Evaluation of Operational Data, (301) 415-6835, e-mail RIN: 3150-AG05 dpa@nrc. gov Abstract. The proposed rule would amend the Commission's regulations to reflect the generic and cumulative

56. Standardized Plant Designs, Early envir nmentalimpacts of transportation of Review of Site Suitability Issues; high level waste (HLW) in the vicmity of a Clarify.mg Amendments (Parts 50' HLW repository. This rulemaking would 52,140) address the environmental impacts of the use of higher burn-up fuel. Further, the impact RIN: 3150-AE25 of plant associated trafTic on local highway service levels during the renewal term would j Abstract. The proposed rule be changed from Category 1 to Category 2 would amend the Commission's regulations as it should have been designated in the by deleting Appendices M, N,0, and Q from initial license renewal rulemaking, based on 10 CFR Part 50. The NRC is also proposing the analyses described in NUREG-1437, to make clarifying changes to 10 CFR Parts " Generic Environmental Impact Statement 52 and 140 to make clear that licensees are for License Renewal of Nuclear Plants" required to submit accurate and complete (May 1996).

NUREG-0936 32

NRC Regulatory Agenda Unpublished Rules Timetable: Proposed Rule preparing the Yucca Mountain-specific I Published regulations is described in SECY-97-300, 11/00/98 dated December 24,1997.

Final Rule Published Timetable: Proposed Rule 08/00/99 Published 1I/00/98 Legal Authority: 42 USC 2201; 42 USC 5841 Final Rule Published 12/00/99 Effects on Small Business and Other Entities. None Legal Authority: 42 USC 220l; 42 USC 5841 Agency

Contact:

Donald P.

Cleary, Oflice of Nuclear Reactor EITects on Small Business and Regulation, (301) 415-3903, e-mail Other Entities. None dpc@nrc. gov Agency

Contact:

Tim McCartin, Oflice of Nuclear Material Safety and

58. Disposal of liigh-Level Radioactive Safeguards, (301) 415-6681, e-mail Waste in a Proposed Geologic tjm3@nrc. gov Repository at Yucca Mountain, Nevadaa (Part 63) 59, Domestic Licensing of Special RIN: 3150-AG04 Nuclear Material-Revision (Part 70)

Abstract. In a StafrRequirements Memorandum dated March 6,1998, the RIN: 3150- AF22 Commission directed the staff to pursue development of new, site-specific regulations Abstract. The proposed rule for Yucca Mountain, consistent with the would amend the Commission's regulations Energy Policy Act of 1992 and the 1995 to provide a risk-informed performance-findings and recommendations of the based regulation for cenain licensees National Academy of Sciences The authorized to possess a critical mass of proposed rule would focus on the special nuclear material. Concurrent with this identification of a single, overall performance amendment, companion support guidance measure for Yucca Mountain that is either documents are being developed for issuance risk- or dose-based The level of protection The proposed rule would require affected provided to the public by such a measure licensees to conduct an integrated safety may be more easily communicated to the analysis to identify potential accidents at the public than the limit on cumulative release facility and the items relied on for safety.

upon which current NRC generic regulations at Part 60 are based. The stafTs strategy for While the NRC believes that fuel facilities 33 NUREG-0936

Unpublished NRC Regulatory Agenda operate with an adequate degree of safety, conformance when acceptable requirements the safety bases for licensing and inspection are violated. The staff believes that issuance may have significant uncenainties. of NOVs will clearly identify that a violation of a legally binding requirement has ccurred.

Performance of an ISA would narrow these uncertainties and provide increased Timetable: Proposed Rule confidence in the margin of safety at fuel Published cycle facihties. 08/00/98 Timetable: Proposed Rule Final Rule Published Published 08/00/99 09/00/98 Legal Authority: 42 USC 2201; 42 USC 5841 42 USC 2231; 42 USC 2241; 42 USC 2282 Effects on Small Business and Other Entities. Yes EfTects on Small Business and Other Entities. Yes Tony DiPalo, Agency

Contact:

Office ofNuclear Material Safety and Agency

Contact:

Richard bafeguards, (301) 415-6191, e-mail Milstein, Office of Nuclear Material Safety ag.nragov and Safeguards, (301) 415-8149, e-mail rim @nrc. gov

61. Elimination of Reporting

60. Expand Applicability to Include '9 " * * * "I " " "I " "

{

08 ng SPent Fuel After l Certificate Holders and Applicants and ,

• " " 'ng '

icir Contractors and Subcontractors d S nt F Monitored Retrievable Storage RIN: 3150-AF93 nstaHatione @ad W  ;

Abstract.

^

The proposed rule would amend the Commission's regulations j by placing appropriate Part 72 requirements Abstract. The proposed rule on certificate holders, and applicants, as well w uld amend the Commission s regulations as their contractors and subcontractors. This by eliminating a reporting requirement and would enhance the staff s capability to take 30-day hold in loading spent reactor fuel into enforcement action in the form of Notice of an Independent Spent Fuel Storage Installation (ISFSI) following completion of Violations (NOV) rather than administrative action in the form of a Notice of Non- Preoperational testing. The stafTconsiders NUREG-0936 34 i

NRC Regulatory Agenda Unpublished Rules the reporting requirements and hold period illumination systems.. " within the unnecessary because the NRC has an requirement for tamper indication and line extensive oversight presence during supervision. The only anticipated impact of preoperational testing looking at the

, , this rulemaking is to eliminate an acceptance critena and test results in real time. The NRC staff proposes to remove unnecessary and inadvertently placed these requ,irements. requirement on affected licensees.

Timetable: Proposed Rule Timetable: Direct Final Rule Published Published 09/00/98 08/00/98 Final Rule Published 05/00/99 Legal Authority: 42 USC 2201; 42 USC 5841 Legal Authority: 42 USC 2201; 42 USC 5841 Effects on Small Business and Other Entities. None Effects on Small Business and Other Entities. None Agency

Contact:

Priscilla Dwyer, Office of Nuclear Material Safety Agency

Contact:

Gordon and Safeguards, (301) 415-8110, e-mail Gundersen, Office of Nuclear Material pad @nrc. gov Safety and Safeguards, (301) 415-6195, e-mail gegl@nrc. gov

63. Certification Renewal Amendment Processes (Part 76)

62. Physical Protection for Spent Nuclear Fuel and High-Level RIN: 3150- AF85 Radioactive Waste * (Part 73)

Abstract. The proposed rule RIN: 3150-AG00 w uld amend the Commission's regulations that apply to gaseous diffusion plants In 1994, these regulations established the Abstract. The direct final rule will process by which the NRC would assume amend a final rule appearing in the Federal regulatory authority for the Paducah and Register on May 15,1998 (63 FR 26955),

that clarifies physical protection Portsmouth Gaseous Diffusion Plants.

These plants first came under NRC oversight requirements for spent nuclear fuel and high-on March 3,1997. While implementing the level radioactive waste stored at independent nitial certification and amendment processes spent fuel storage installations, monitored- spec fled in the 1994 regulations, the NRC retnevaole storage installations, and geologic repository operations areas. The action is staffidentified several areas in these processes that should be revised and necessary to correct the inappropriate improved so that they are more effective and placement of the phrase " .. including eflicient. This proposed rulemaking would 35 NUREG-0936

Unpublished Rules NRC Regulatory Agenda modify the process for certificate renewals, Abstract. The final rule will establish a process for certificate amendment amend the Commission's regulations to comparable to the process currently used to increase the retrospective deferred premium amend a fuel cycle license, revise the appeal (required by the Price-Anderson Act) based process for amendments, eliminate the on inflation. Specifically, the rule will amend significant designation for amendments, 140.11(a)(4) to increase this premium to simplify the criteria for persons who are $83.9M/ reactor / accident (but not to exceed eligible to file a petition for review of an $10M in any one year) based on the amendment action, remove references to the aggregate percentage change since 1993 in initial application because the initial the Consumer Price Index for all urban certificates have been issued, and lengthen consumers published by the Secretary of the time periods associated with filing a Labor.

petition for review.

Timetable: Final Rule Published Timetable: Proposed Rule 07/21/98 Published 10/00/98 Legal Authority: 42 USC 2201; 42 USC 5841 Final Rule Published 10/00/99 Effects on Small ilusiness and Other Entities. None Legal Authority: 42 USC 2152, 42 USC 2201; 42 USC 2243(f),42 USC Agency

Contact:

Ira Dinitz, 2297b-11; 42 USC 2297f; 42 USC 5841; 42 Office of Nuclear Reactor Regulation, (30l)

USC 5842; 42 USC 5845; 42 USC 5846; 42 415-1289, e-mailipdl@nre gov USC 2243(a); 42 USC 5851 EfTects on Small Ilusiness and 65. Nuclear Regulatory Commission Other Entities. None Acquisition Regulation (48 CFR "E #

Agency

Contact:

John L.

Telford, Oflice of Nuclear Material Safety RIN: 3150-AF52 and Safeguards, (301) 415-6229, e-mail

.jlt@nrc. gov Abstract. The proposed ru!e would amend 3 e Nuclear Regulatory Commission Acquisition Regulation

64. Financial Protection Requirements (NRCAR) for the procurement of goods and and Indemnity Agreements services within the NRC to satisfy the Particular needs of the agency. The proposed (Part 140) rule would incorporate streamlining and simplification methods identified under the RIN: 3150-AG01 NUREG-0936 36

NRC Regulatory Agenda Unpublished Rules NRC's Procurement Reinvention Laboratory Final Rule Published (PRL) and legislated under the Federal 02/00/99 i

Acquisition Streamlining Act of1994 (FASA), the Federal Acquisition Reform Act Legal Authority: 48 CFR of 1996 (FARA), and the Information Chapter 1; 41 USC 251 note; 42 USC 251 Technology Management Reform Act note; 40 USC 1401 note (ITMRA) of 1996. The intent of the FASA, FARA, and ITMRA is to streamline EITects on Small Business and procurement processes within the Federal Other Entities. Yes Government. Implementing instructions are needed for some of these processes. In Agency

Contact:

Mary Lynn addition, the NRC's PRL would require the Scott, Office of Administration, (301)

NRC to streamline and simplify procedures 415-6179, e-mail mis 2@nrc. gov in the NRCAR whenever possible.

Timetable: Proposed Rule Published 10/00/98 37 NUREG-0936

(A) PETITIONS INCORPORATED INTO FINAL RULES OR PETITIONS DENIED SINCE DECEMBER 31,1997 None

t

'( .

PETl' 'ONS A

l (D) PETITIONS INCORPORATED INTO PROPOSED RULES

\

\

\

l e

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g_ _ __

B

NRC Regulatory Agenda Petitiony

1. Petitioner / Petition Docket Number: permit a small population of the general University of Cincinnati (PRM-20-24) public to be infrequently exposed to an annual exposure limit or 500 mrem total Federal Register Citation: June 21, effective dose equivalent.

1996 (61 FR 31874)

Timetable: To follow action on this

Subject:

Visitors of radiation patients, petition for rulemaking in this and future as members of the public, to receive up to agendas, see the proposed rule " Medical 500 mrem per year Uses of Byproduct Material" (RIN 3150-AF74), Publication of this proposed rule is Summary: The petitioner requested scheduled for August 1998.

' hat the Commissio:i arr md its regulations to

. :horize specified visito:3 of radiation Agency

Contact:

Cathy Haney, OfEce patients, as members of the public, to receive of Nuclear Material Safety and Safeguards, up to 500 mrem per year. The petitioner (301) 415-6825, e-mail cxh@nre gov believes that the proposed amendment would I

i l

39 NUREG 0936 I l

i I

i i

(C) PETITIONS PENDING STAFF REVIEW i

l l

l I

I

)

l

C

NRC Regulatory Agenda Petitions

2. Petitioner / Petition Docket Number: mandatory for all licensees on January 1, Ohio Citizens for Responsible Energy, Inc. 1994, are too restrictive and prevent many (PRM-9-2) research institutions from pursuing certain types of research that cannot be conducted Federal Register Citation: June 13, effectively without the use of radioactive 1994 (59 FR 30308) materials.

Subject:

Public access to licensee-held Timetable: A notice of receipt for this information petition was published in the Federal

)'

Register on September 10,1993 (58 FR Summary: The petitioner requested 47676). The comment period closed on that the Commission amend its regulations to November 24,1993. Factors regarding the establish public right-to-know provisions that technical basis for resolution of this petition would ensure public access to licensee-held will be considered after publication of the information. guidance documents provided on the final rule, " Radiological Criteria for License Timetable: A notice of receipt for this Termination" (July 12,1997; 62 FR 39058) petition was published in the Federal (RIN 3150-AD65). The publication date for Register on June 13,1994 (59 FR 30308). the guidance documents is scheduled for The comment period closed on August 29, July 1998.

1994. Resolution of the petition is undetermined. Agency

Contact:

Frank P. Cardile, Office of Nuclear Regulatory Research, Agency

Contact:

Maria Schwartz, (301) 415-6185, e-mail fpc@nrc. gov Oflice of the General Counsel,(301) 415-1888, e-mail mes@nrc. gov

4. Petitioner / Petition Docket Number:

Nuclear Energy Institute (NEI) (PRM 3. Petitiener/ Petition Docket Number: 61)

Keith J. Schiager, Ph.D., et al. (PRM-20-21)

Federal Register Citation: August 31, Federal Register Citation: September 1996 (61 FR 43193) 10,1993 (58 FR 47676)

Subject:

Monitoring and maintenance )

Subject:

Disposal o#certain low-level programs for the decommissioning process I radioactive wastes to provide additional at facilities of special nuclear materials options for disposal of very low licensees a concentrations of shon-lived radionuclides Summary: The petitioner requested Summary: The petitioners requested that the NRC amend its regulations to allow that the Commission amend :ts regulations in materials licensees to continue monitoring 10 CFR Pan 20 that became mandatory for and maintaining facilities, separate buildings, all licensees on January 1,1994, to permit or outside storage areas that have not been additional methods for disposal of certain used for 24 months, rather than requiring low-level radioactive wastes. The petitioners licensees to begin the decommissioning i contend that the regulations that became process Pfer 24 months ofinactivity.

41 l NUREG-0936 f

Petitions NRC Regulatory Agenda Timetable: A notice of receipt for this Agency Contact; Donald Nellis, Oflice petition was published in the Federal of Nuclear Material Safety and Safeguards, Register on August 21,1996 (61 FR 43193). (301) 415-6257, e-mail don @nrc. gov The comment period closed on November 4, 1996. The staff is currently reviewing this ,

petition and resolution of this petition is 6. Petitioner / Petition Docket Number:

scheduled for August 1998. National Registry of Radiation Protection Technologists (NRRPT)(PRM-35-13)

Agency

Contact:

Anthony DiPalo, Oflice of Nuclear Material Safety and Federal Register Citation: February 8, Safeguards, (301) 415-6191, e-mail 1996 (61 FR 4754) ajd@nrc. gov Subject; Training requirements for a radiation safety oflicer

5. Petitioner / Petition Docket Number:

Amersham Corporation (PRM-34-5) Summary: The petitioner requested that the Commission amend its regulations Federal Register Citation: June 18, by including acceptance of NRRPT 1996 (61 FR 30837) registration as fulfilling some of the training requirements for a radiation safety oflicer.

Subject:

Radiographic equipment regulations Timetable: A notice of receipt for this petition was published in the Federal i Summary: The petitioner requested Register on February 8,1996 (61 IM 4754). I that the Commission amend its regulations The comment period closed on April 23, by removing the reference to " associated 1996. Resolution of this petition is equipment" from the radiography equipment scheduled for December 1998.

regulations. The petitioner believes that this amendment would clarify the licensing Agency

Contact:

Donald Nellis, Oflice reviews of sealed sources and radiographic of Nuclear Material Safety and Safeguards, exposure devices to meet the applicable (301) 415-6257, e-mail don @nrc. gov requirements. 1 Timetable: A notice of receipt for this 7. Petitioner / Petition Docket Number: l petition was published in the Federal Chromalloy Tallahassee (PRM-40-26)

I Register on June 18,1996 (61 FR 30837).

The comment period closed on September 3, Federal Register Citation:

1996. The staffis developing an action plan December 10,1997 (62 FR 65039) for Commission approval as the next step in

]

addressing the petitioner's request.

Subject:

Establish an exemption from Resolution of this petition is scheduled for licensing requirements to include the M 1 AI April 1999. Battle Tank Engine AGT 1500 42 l NUREG-0936

p'RC Regulatory Agenda Petitions Summary: The petitioner requested Commission approval as the next step in that the Commission amend its licensing addressing the petitioner's request. The exemptions to establish an exemption from Commission directed the staff to develop an licensing requirements to include the M1 Al expedited schedule for rulemaking. The stafr Battle Tank Engine AGT 1500 which is preparing its response to this direction.

contains nickel-thorium.

Agency

Contact:

Ed Connell, Omce of Timetable: A notice of receipt for this Nuclear Reactor Regulation,(301) petition was published in the Federal 415-2838, e-mail eac@nrc. gov Register on December 10,1997 (62 FR 65039). The comment period closed on 4

February 23,1998. Resolution of the 9. Petitioner / Petition Docket Number.

petition is scheduled for December 1998. Nuclear Energy Institute (PRM-50-62)

Agency

Contact:

John Telford, Omce Federal Register Citation:

of Nuclear Material Safety and Safeguards, September 4,1995 (60 FR 47716) 1 (301) 415-6229, e-mailjet@nrc. gov

Subject:

Quality Assurance Program l

8. Petitioner / Petition Docket Number: Summary: The petitioner requested '

Nuclear Energy Institute (PRM-50-61) that the Commission amend its regulations .

regarding quality assurance programs to Federal Register Citation: June 6, permit nuclear power plant licensees to I 1995 (60 FR 29784) change their quality assurance program that is described or referenced in a licensee's i

Subject:

Fire protection at nuclear Safety Analysis Report without prior NRC power plants approval under specified conditions.

_ Summary: The petitioner requested Timetable: A notice of receipt for this that the Commission amend its regulations petition was published in the Federal governing fire protection at nuclear power Register on September 4,1995 (60 FR plants. The petitioner believes this 47716). The public comment period closed amendment would provide a more flexible on . November 28,1995. Resolution of the alternative to the current requirements and petition is scheduled for July 1998.

permit nuclear power plant licensees more discretion implementing fire protection Agency

Contact:

Harry Tovmassian, requirements that would be site-specific Omce of Nuclear Reactor Regulation, (301) without adversely affecting a licensee's ability 415-6608, e-mail hst@nrc. gov to achieve the safe shutdown of a facility in the event of a fire.

10. Petitioner / Petition Docket Timetable: A notice of receipt of this Number: Peter G. Crane (PRM-50-63 and petition for rulemaking was published in the PRM 50-63A)

[- Federal Register on June 6,1995 (60 FR 29784). The comment period closed on Federal Register Citation. November September 29,1995. The NRC stafThas 27,1995 (60 FR 58256), December 17, i developed an action plan (SECY-97-127) for 1997 (62 FR 66038) 43 NUREG-0936

Petitions NRC Regulatory Agenda

Subject:

Emergency Planning Subjed: Use of an integrated safety assessment, or an acceptable alternative, to Summary: The petitioner requested confirm that adequate controls are in place to that the Commission amend its regulations protect public health and safety concerning emergency planning to include a requirement that a range of emergency Summary: The petitioner requested planning protective actions be developed to that the Commission amend its regulations to include sheltering, evacuation, and the require uranium processing, uranium prophylactic use of potasr,ium iodide, which enrichment, and fuel fabrication licensees to

. prevents thyroid cancer after nuclear use an integrated safety assessment (IS A), or accidents. The petitioner's suggested an acceptable alternative, to confirm that amendment would specifically mention adequate controls are in place to protect several appropriate protective actions, public health and safety. The petitioner also including the prophylactic use of potassium requests that a backfitting provision be iodide. In the amendment to the petition, the established to ensure regulatory stability for petitioner requested that the regulations be these types of ficensees.

amended to consider the evacuation, sheltering and the prophylactic use of Timetable: A notice of receipt for this potassium iodide, as appropriate, in petition was published in the Federal

, developing a range of protective actions for Register on November 26,1996 (61 FR emergency workers and the public. 60057). The public comment period closed on February 10,1996. Resolution of the Timetable: A notice of receipt for this petition is scheduled for rulemaking. In an petition was published in the Federal August 26,1997, Staff Requirements Register on November 27,1995 (60 FR Memorandum, the Commission approved the 58256). The amendment to the petition was staffs recommendation that this petition be published in the Federal Register on resolved through rulemaking. A proposed December 17,1997; 62 FR 66038. The rule is scheduled to be sent to the public comment period closed on January 16, Commission in July 1998.

1998. This petition will be addressed by rulemaking. The rule is scheduled to sent to Agency

Contact:

Rich Milstein, Oflice the EDO October 22,1998. of Nuclear Material Safety and Safeguards, Agency

Contact:

Michael Jamgochian, Office of Nuclear Reactor Regulation, (301) 415-6534, e-mail mtjl@nrc. gov 12. Petitioner / Petition Docket Number: International Energy Consultants *

(PRM-71-12)

11. Petitioner / Petition Docket Number: Nuclear Energy Institute Federal Register Citation:

(PRM-70-7) February 19,1998 (63 FR 8362)

Federal Register Citation:

Subject:

Special transportation November 26,1996 (61 FR 60057) requirements for plutonium shipments 44-NUREG-0936

NRC Regulatory Agenda Petitioig Summary: The petitioner requested Agency

Contact:

Mark Haisfield, that the Commission amend its regulations Office of Nuclear Regulatory Research, governing packaging and transportation of (301) 415-6196, e-mail mfh@nrc. gov radioactive material to eliminate special requirements for plutonium that are found in

% 71.63 14. Petitioner / Petition Docket Number: Fawn Shillinglaw (PRM-72-3)

Timetable: A notice of receipt for this petition was published in the Federal Federal Register Citation: May 14, Register on February 19,1998 (63 FR 1996 (61 FR 24249) 6196). The public comment period closed on July 31,1998 (63 FR 34335). Resolution

Subject:

Indep endent storage of spent of the petition is scheduled for May 1999. nuclear fuel Agency

Contact:

Mark Haisfield, Summary: The petitioner requested Office of Nuclear Material Safety and ,

that the Commission amend its regulations Safeguards, (301) 415-6196, e-mail which govern independent storage of spem mfh@nrc. gov nuclear fuel in dry storage casks to require that the safety analysis report for a cask design fully conforms with the associated

13. Petitioner / Petition Docket NRC safety reevaluation report and Number: Portland General Electric certificate of compliance before NRC Company (PRM-72-2) certification of the cask design. The petitioner also requests that the revision date Federal Reg l ster Citation: February 1, and number of a safety analysis report be 1996 (61 FR 3619) specified whenever that report is referenced in documents.

Subject:

Disposal of radioactive waste (Greater than class C) Timetable: A notice of receipt for this petition was published in the Federal Summary: The petitioner requested Register on May 14,1996 (61 FR 24249).

that the Commission amend its regulations The public comment period closed on which govern independent storage of spent July 29,1996. Resolution of the petition is nuclear fuel and high-level radioactive waste scheduled for November 1998.

to specifically include greater than class C radioactive waste produced from reactor Agency

Contact:

Anthony DiPalo, operations pending its transfer to a Oflice of Nuclear Material Safety and permanent disposal facility. Safeguards, (301) 415-6191, e-mail ajd@nrc. gov Timetable: A notice of receipt for this petition was published in the Federal Register on Febmary 1,1996 (61 FR 3619).

The public comment period closed on 15. Petitioner / Petition Docket April 16,1996. Resolution of this petition is Number: Prairie Island Coalition

• l scheduled for August 1998. (PRM-72 4) l 45 l NUREG-0936 l

I l'

NRC Regulatory Agentia Petitions ,

Federal Register Citation: March 12, 16. Petitioner / Petition Docket Number: Envirocare of Utah, Inc.

1998 (63 FR 12040)

(PRM-150-2)

Subject:

Independent storage of spent nuclear fuel Federal Register Citatiou:

February 22,1993 (58 FR 5992)

Summary: The petitioner requested that the Commission amend its regulations

Subject:

Persons who generate or which govern independent storage of spent dispose of very low specific activity wastes nuclear fuel to examine certain issues. These contaminated with special nuclear materials.

issues include thermal shock and corrosion inherent in dry cask storage of spent nuclear Summary: The petitioner requested fuel, definitions for degraded spent nuclear that the Commission amend its regulations to fuel, and definitions for retrievability of spent exempt those persons that generate or nuclear fuel from dry storage casks. dispose of very low specific activity wastes contaminated with special nuclear materials Timetable: A notice of receipt for this that are not capable of forming a critical petition was published in the Federal reaction from the current possession limits Register on March 12,1998 (63 FR 12040). specified in its regulations.

The public comment period closed on May 26,1998. Based on analysis of the Timetable: A notice of receipt for this public comments, the staffis developing an petition was published in the Federal action plan for Commission approval as the Register on February 22,1993 (58 FR next step in addressing the petitioner's 9552). The public comment period closed i request. Resolution of the petition is on April 23,1993. Resolution of this scheduled for March 1999. petition is undetermined. l l

Agency

Contact:

Stan Turel, Office of Agency

Contact:

Tim Harris, Ollice of j Nuclear Material Safety and Safeguards, Nuclear Material Safety and Safeguards, ,

(30l) 415-6234, e-mail spt@nrc. gov (301) 415-6613, e-mail the@nrc. gov 1 1

l l

l NUREG-0936

l 1

NRC FORM 336 u.s. NUCLEAR RE4.uLATORY COMM!sSloN 1. REPORT NUMBER l PM Wakesd by Nic. t.dd Vol., Supp., Rav., l NRCM 1102 and Addendum Numtiera,if any.) l 32oi. 32o2 BIBLIOGRAPHIC DATA SHEET i i

(Seeinstructws on the reverse)

NUREG-0936

2. TITLE AND SUBTITLE Vol.17, No.1 NRC Regulatory Agenda )

Semiannual Report 3. DATE REPORT PUBLISHED l JInuary June 1998 u6N'iH YEAR

~~~

l July _ _ .1998 )

4. FIN OR GRANT NUMBER l l

5. AUTHOR (S) 6. TYPE OF REPORT I

4 Semiannual i

7. PERIOD COVERED (inciumve oatus)

January June 1998

8. PERFORMING ORGANIZATION - NAME AND ADDRESS (it NRC, prowde Dwson, omco or Reg,on, u S Nuclear Reputatory Comimssnon, and mahng address. sicontractor, prowde name and manno ad@ess 1 Division of Admin:strative Services Office of Administration U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

9. SPONSORING ORGANIZATION - NAME AND ADDRESS pr NRC. type 'Same es above , at contractor. prowde NRC Dwseon, omes or Repson, u S Nucsear Regulatory comrrasse.

ard mahng adsess.)

SIme as item 8. above i i

i l

10. SUPPLEMENT ARY NOTES 1

l

11. ABSTRACT (200 words omas)

The NRC Regulatory Agenda is a compilation of all rules on which the NRC has recently completed action, or has proposed cction, or is considering action, and all petitions for rulemaking which have been received by the Commission and are pending disposition by the Commission. The Regulatory Agenda is updated and issued semiannually.

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12. KEY WORDS/DESCRPTORS (List words or phrases that ww asast researchers in 4x.ahng the report ) 13 AVAILAultilY 6T AILMLNi Compilation of rules Unlimited  ;

Petitions for rulemaking 14 sEcuRrryctAssiricArioN l

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