[Unified Agenda of Federal Regulatory and Deregulatory Actions]
[Nuclear Regulatory Commission Semiannual Regulatory Agenda
]
[From the U.S. Government Printing Office, www.gpo.gov]


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Part LIX





Nuclear Regulatory Commission





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Semiannual Regulatory Agenda

[[Page 38628]]



NUCLEAR REGULATORY COMMISSION (NRC)






_______________________________________________________________________

NUCLEAR REGULATORY COMMISSION

10 CFR Ch. I

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The Nuclear Regulatory Commission (NRC) is publishing its 
semiannual regulatory agenda in accordance with Public Law 96-354, 
``The Regulatory Flexibility Act,'' and Executive Order 12866, 
``Regulatory Planning and Review.'' The agenda is a compilation of all 
rules on which the NRC has recently completed action or has proposed or 
is considering action. This issuance updates any action occurring on 
rules since publication of the last semiannual agenda on December 22, 
2003 (68 FR 74000).

ADDRESSES: You may submit comments on any rule in the agenda by any one 
of the following methods. Please include the RIN (Regulation Identifier 
Number) in the subject line of your comments. Comments on rulemakings 
submitted in writing or in electronic form will be made available for 
public inspection. Because your comments will not be edited to remove 
any identifying or contact information, the NRC cautions you against 
including personal information such as social security numbers and 
birth dates in your submission.

    Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, ATTN: Rulemakings and 
Adjudications Staff.

    E-mail comments to: SECY@nrc.gov.If you do not receive a reply 
e-mail confirming that we have received your comments, contact us 
directly at (301) 415-1966. You may also submit comments via the 
NRC's rulemaking web site at http://ruleforum.llnl.gov. Address 
questions about our rulemaking Web site to Carol Gallagher (301) 
415-5905; e-mail cag@nrc.gov. Comments can also be submitted via 
the Federal eRulemaking Portal http://www.regulations.gov.

    Hand deliver comments to: 11555 Rockville Pike, Rockville, 
Maryland 20852, between 7:30 am and 4:15 pm Federal workdays. 
(Telephone (301) 415-1966).

    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission 
at (301) 415-1101.

    Publicly available documents related to the rulemaking may be 
viewed electronically on the public computers located at the NRC's 
Public Document Room (PDR), O1?F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland. The PDR reproduction 
contractor will copy documents for a fee. Selected documents, 
including comments, may be viewed and downloaded electronically via 
the NRC rulemaking web site at http://ruleforum.llnl.gov.

    Publicly available documents created or received at the NRC 
after November 1, 1999, are available electronically at the NRC's 
Electronic Reading Room at http://www.nrc.gov/reading-rm/
adams.html. From this site, the public can gain entry into the 
NRC's Agencywide Document Access and Management System (ADAMS), 
which provides text and image files of NRC's public documents. If 
you do not have access to ADAMS or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737 
or by e-mail to pdr@nrc.gov.

FOR FURTHER INFORMATION CONTACT: For further information concerning NRC 
rulemaking procedures or the status of any rule listed in this agenda, 
contact Michael T. Lesar, Chief, Rules and Directives Branch, Division 
of Administrative Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
7163 (e-mail: mtl@nrc.gov). Persons outside the Washington, DC, 
metropolitan area may call, toll-free: 1-800-368-5642. For further 
information on the substantive content of any rule listed in the 
agenda, contact the individual listed under the heading ``Agency 
Contact'' for that rule.

SUPPLEMENTARY INFORMATION: The information contained in this semiannual 
publication is updated to reflect any action that has occurred on rules 
since publication of the last NRC semiannual agenda on December 22, 
2003 (68 FR 74000). Within each group, the rules are ordered according 
to the Regulation Identifier Number (RIN).

    The information in this agenda has been updated through May 10, 
2004. The date for the next scheduled action under the heading 
``Timetable'' is the date the rule is scheduled to be published in 
the Federal Register. The date is considered tentative and is not 
binding on the Commission or its staff. The agenda is intended to 
provide the public early notice and opportunity to participate in 
the NRC rulemaking process. However, the NRC may consider or act on 
any rulemaking even though it is not included in the agenda.

    The NRC agenda lists all open rulemaking actions. Four rules 
affect small entities, one of which may potentially have a 
``significant economic impact on a substantial number of small 
entities'' as defined in the Regulatory Flexibility Act.

Dated at Rockville, Maryland, this 7th day of May 2004.

For the Nuclear Regulatory Commission.

 Michael T. Lesar,

Chief, Rules and Directives Branch,
Division of Administrative Services,
Office of Administration.

                               Nuclear Regulatory Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4194        Nuclear Power Plant Worker Fatigue....................................................    3150-AG99
4195        Control of Solid Material.............................................................    3150-AH18
4196        Large Break Loss-of-Coolant Accident (LB-LOCA) Redefintion............................    3150-AH29
4197        Incorporation by Reference of ASME BPV Code Cases.....................................    3150-AH35

[[Page 38629]]

 
4198        Elimination of Requirement To Submit Annual Financial Report..........................    3150-AH39
4199        Collection, Reporting, or Posting of Information......................................    3150-AH40
----------------------------------------------------------------------------------------------------------------


                                 Nuclear Regulatory Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4200        Fitness for Duty Programs.............................................................    3150-AF12
4201        Early Site Permits; Standard Design Certifications; and Combined Licenses for Nuclear     3150-AG24
            Power Plants..........................................................................
4202        Risk-Informed Categorization and Treatment of Stuctures, Systems and Components for       3150-AG42
            Nuclear Power Reactors................................................................
4203        Performance-Based, Risk-Informed Fire Protection......................................    3150-AG48
4204        Changes to Emergency Action Levels - Appendix E.......................................    3150-AH00
4205        Security Requirements for Portable Gauges Containing Byproduct Material...............    3150-AH06
4206        Public Records........................................................................    3150-AH12
4207        Options for Addressing Training and Experience Issues Associated With Recognition of      3150-AH19
            Specialty Boards by NRC...............................................................
4208        Industry Codes and Standards; Amended Requirements....................................    3150-AH24
4209        Licensing Proceedings for the Receipt of High-Level Radioactive Waste at a Geologic       3150-AH31
            Repository: Licensing Support Network, Submissions to the Electronic Docket...........
----------------------------------------------------------------------------------------------------------------


                                Nuclear Regulatory Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4210        Update Fuel Performance Considerations and Other Fuel Cycle Issues....................    3150-AA31
4211        Disposal by Release Into Sanitary Sewerage............................................    3150-AE90
4212        Advance Notification to Native American Tribes of Transportation of Certain Types of      3150-AG41
            Nuclear Waste.........................................................................
4213        Integrated Rulemaking for Decommissioning Nuclear Power Reactors......................    3150-AG47
4214        Reevaluation of Power Reactor Physical Protection Regulations and Position on a           3150-AG63
            Definition of Radiological Sabotage...................................................
4215        Transfers of Certain Source Materials by Specific Licensees...........................    3150-AG64
4216        Entombment Options for Power Reactors.................................................    3150-AG89
4217        Modifications to Pressure-Temperature Limits..........................................    3150-AG98
4218        Distribution of Source Material to Exempt Persons and General Licensees and Revision      3150-AH15
            of 10 CFR 40.22 General License.......................................................
4219        Acceptable Criteria for Emergency Core Cooling Systems for Light-Water Nuclear Power      3150-AH22
            Reactors..............................................................................
4220        Implement US-IAEA Safeguards Agreement................................................    3150-AH38
4221        Exemptions from Licensing and Distribution of Byproduct Material; Licensing and           3150-AH41
            Reporting Requirement.................................................................
4222        Performance-Based ECCS Acceptance Criteria............................................    3150-AH42
4223        Decoupling of Assumed Loss of Offsite Power from Loss-of-Coolant Accidents (LOCA).....    3150-AH43
----------------------------------------------------------------------------------------------------------------


                                Nuclear Regulatory Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
4224        Changes to Adjudicatory Process.......................................................    3150-AG49
4225        Compatibility With IAEA Transportation Safety Standards...............................    3150-AG71
4226        Financial Information Requirements for Applications To Renew or Extend the Term of an     3150-AG84
            Operating License for a Power Reactor.................................................
4227        Electronic Submission of Fingerprint Records..........................................    3150-AH16
4228        List of Approved Spent Fuel Storage Casks: NAC-UMS Revision (Amendment 3).............    3150-AH25
4229        List of Approved Spent Fuel Storage Casks: Standardized NUHOMS System Revision            3150-AH26
            (Amendment 5).........................................................................
4230        List of Approved Spent Fuel Storage Casks: Standardized NUHOMS -24P, -52B, -61BT, -       3150-AH27
            32PT, and -24PHB Revision (Amendment 6)...............................................

[[Page 38630]]

 
4231        List of Approved Spent Fuel Storage Casks: Standarized NUHOMS System Revision             3150-AH28
            (Amendment 7).........................................................................
4232        Minor Changes to Decommissioning Trust Fund Provisions................................    3150-AH32
4233        Minor Correction Amendments...........................................................    3150-AH34
4234        List of Approved Sent Fuel Storage Casks: Standardized NUHOMS -24P, -52B, and -61BT       3150-AH36
            Revision (Amendment 5)................................................................
4235        Revision of Fee Schedules; Fee Recovery, FY 2004......................................    3150-AH37
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________


Nuclear Regulatory Commission (NRC)                 Proposed Rule Stage






_______________________________________________________________________




4194. NUCLEAR POWER PLANT WORKER FATIGUE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 26

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
establish thresholds for the control of working hours to ensure that 
working hours in excess of the thresholds are controlled through a 
risk-informed deviation process. This rule would provide significantly 
greater assurance that worker fatigue does not adversely affect the 
operational safety of nuclear power plants. This rulemaking also would 
address a petition for rulemaking submitted by Barry Quigley (PRM-26-
02).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: David Desaulniers, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1043
Email: drd@nrc.gov

RIN: 3150-AG99
_______________________________________________________________________




4195. CONTROL OF SOLID MATERIAL

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 20

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
evaluate alternatives for the control of solid materials with very low, 
or no, levels of radioactivity. There are currently non-codified 
guidance and practices for the control of solid materials. Current 
practice is to apply, on a case-by-case basis, either Regulatory Guide 
1.86 surface contamination values or no detectable activity using 
environmental measurements methods. In addition, there are no current 
release levels establishedgenerally for volumetrically contaminated 
materials. An examination of approaches to the control of solid 
materials would help the NRC staff evaluate the cost effectiveness of 
means to handle requests for clearance of materials during both 
operations and decommissioning.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/00/04

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: Federal, State

Agency Contact: Frank Cardile, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6185
Email: fpc@nrc.gov

RIN: 3150-AH18
_______________________________________________________________________




4196. LARGE BREAK LOSS-OF-COOLANT ACCIDENT (LB-LOCA) REDEFINTION

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
allow for a risk-informed alternative to the present maximum loss-of-
coolant accident (LOCA) break size. This rulemaking would grant in part 
a petition for rulemaking submitted by the Nuclear Energy Institute 
(PRM-50-75).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Eileen McKenna, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-2189
Email: emm@nrc.gov

RIN: 3150-AH29
_______________________________________________________________________




4197.  INCORPORATION BY REFERENCE OF ASME BPV CODE 
CASES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

[[Page 38631]]

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations in 
Sec.  50.55a to incorporate by reference the latest revisions of two 
previously incorporated regulatory guides which address NRC review and 
approval of Code cases published by the American Society of Mechanical 
Engineers (ASME). The Code cases listed in these regulatory guides have 
been reviewed by the NRC and found to be acceptable for use as 
alternatives to requirements in the ASME Boiler and Pressure Vessel 
Code pertaining to the construction and inservice inspection of nuclear 
power plant components.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   07/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Harry S. Tovmassian, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555
Phone: 301 415-3092
Email: hst@nrc.gov

RIN: 3150-AH35
_______________________________________________________________________




4198.  ELIMINATION OF REQUIREMENT TO SUBMIT ANNUAL 
FINANCIAL REPORT

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
eliminate the reporting requirement in 10 CFR 50.71(b), which requires 
that licensees for production and utilization facilities submit annual 
financial reports, including certified financial statements, to the 
Commission.
The proposed rule would eliminate the costs to licensees of submitting 
their annual financial reports and the costs to the NRC of processing 
those submittals. The cost savings are relatively small but it is 
expected that the costs associated with the rulemaking will be 
justified by the cost savings from eliminating the reporting 
requirement. The elimination of the report will also serve to fulfill a 
Congressional mandate to address outdated or paperwork oriented 
requirements.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   06/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: William D. Reckley, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1323
Email: wdr@nrc.gov

RIN: 3150-AH39
_______________________________________________________________________




4199.  COLLECTION, REPORTING, OR POSTING OF 
INFORMATION

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 19; 10 CFR 20; 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
clarify or revise the regulations such that (1) licensees would not be 
required, unless a specific request was made by a worker, to provide an 
annual report to a worker of their radiation dose if a worker received 
less than two percent of the limits defined in 10 CFR part 20; (2) 
licensees for production and utilization facilities governed by 10 CFR 
part 50 would not need to label containers in accordance with 10 CFR 
20.1904, ``Labeling containers,`` if the containers met conditions such 
as being clearly identifiable as containing radioactive materials, 
being accessible only to trained individuals, and being located in an 
area posted pursuant to 10 CFR 20.1902, ''Posting requirements``; and 
(3) licensees would no longer need to attempt to obtain records of a 
worker's cumulative radiation dose unless the worker was to be involved 
in a planned special exposure. In addition, the staff is considering 
using this opportunity to propose a change to 10 CFR 20.1003, 
``Definitions,'' to clarify the definition of total effective dose 
equivalent (TEDE).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   06/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: William D. Reckley, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1323
Email: wdr@nrc.gov

RIN: 3150-AH40
_______________________________________________________________________


Nuclear Regulatory Commission (NRC)                    Final Rule Stage






_______________________________________________________________________




4200. FITNESS FOR DUTY PROGRAMS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 26

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
ensure compatibility with the Department of Health and Human Services 
guidelines, reduce unnecessary regulatory burden in some areas, clarify 
the Commission's original intent of the rule, and improve overall 
program effectiveness and efficiency. This rulemaking would address the 
petition for rulemaking submitted by the Virginia Electric and Power 
Company (VEPCO) (PRM-26-1). Because of the issues raised in response to 
the earlier affirmed rule, a new proposed rule will be published.

[[Page 38632]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/09/96                    61 FR 21105
NPRM Comment Period End         08/07/96
Final Rule                      06/00/05
Second NPRM                     11/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Garmon West Jr., Nuclear Regulatory Commission, Office 
of Nuclear Security and Incident Response, Washington, DC 20555
Phone: 301 415-0211
Email: fitnessforduty@nrc.gov

Mark C. Nolan, Nuclear Regulatory Commission, Office of Nuclear 
Security and Incident Response, Washington, DC 20555
Phone: 301 415-8171
Email: fitnessforduty@nrc.gov

Related RIN: Related to 3150-AG62
RIN: 3150-AF12
_______________________________________________________________________




4201. EARLY SITE PERMITS; STANDARD DESIGN CERTIFICATIONS; AND COMBINED 
LICENSES FOR NUCLEAR POWER PLANTS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 2; 10 CFR 20; 10 CFR 50; 10 CFR 51; . . .

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's requirements 
for early site permits, standard design certifications, and combined 
licensees for nuclear power plants, and for other licensing processes. 
The amendments are based on the NRC staff's experience with the 
previous design certification reviews and on discussions with 
stakeholders about the early site permit (ESP), design certification, 
and combined license (COL) processes. This action is expected to 
improve the effectiveness of the licensing processes for future 
applicants. The rulemaking also would make conforming clarifications 
and corrections to the NRC's regulations.
The NRC is proposing to reorganize 10 CFR part 52 to establish a 
separate section for each of the seven licensing processes currently 
described in 10 CFR part 52 (early site permits, early site reviews, 
standard design certification, standard design approvals, combined 
licenses, manufacturing licenses, and duplicate design licenses). The 
purpose of this reorganization is to clarify that each licensing 
process has equal standing. In addition, several subparts would be 
reserved for future licensing processes. No substantive changes are 
intended by the incorporation of current appendices M, N, O, and Q into 
the new subparts in 10 CFR part 52.
The NRC is also proposing to retitle 10 CFR part 52 as Additional 
Licensing Processes for Nuclear Power Plants to clarify that the 
licensing processes in 10 CFR part 52 are in addition to and supplement 
the two-step licensing process in 10 CFR part 50 and the license 
renewal process in 10 CFR part 54, and are not limited to the early 
site permit, standard design certification, and combined license 
processes as the current title implies.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/03/03                    68 FR 40025
NPRM Comment Period End         09/16/03
Final Rule                      08/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: In addition, the proposed rule would reserve 
sections for future licensing processes. In doing so, the NRC hopes to 
convey that 10 CFR part 52 is the preferred location in 10 CFR for 
nuclear power plant licensing processes. The proposed rule subsumed the 
rulemaking, ``Standardized Plant Designs, Early Review of Sites 
Suitability Issues; Clarifying Amendments'' (RIN 3150-AE25), that would 
remove redundant Appendices M, N, O, and Q from Part 50. The Part 52 
rulemaking plan (SECY-98-282) was approved by the Commission on January 
14, 1999.

Agency Contact: Jerry N. Wilson, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3145
Email: jnw@nrc.gov

Nanette Giles, Nuclear Regulatory Commission, Office of Nuclear Reactor 
Regulation, Washington, DC 20555-0001
Phone: 301 415-1180
Email: nvg@nrc.gov

Related RIN: Merged with 3150-AE25
RIN: 3150-AG24
_______________________________________________________________________




4202. RISK-INFORMED CATEGORIZATION AND TREATMENT OF STUCTURES, SYSTEMS 
AND COMPONENTS FOR NUCLEAR POWER REACTORS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would provide an alternative, risk-informed 
approach for special treatment requirements in the current regulations. 
Special treatment requirements are requirements imposed on structures, 
systems, and components (SSCs) that provide additional confidence that 
these SSCs are capable of meeting design basis functional requirements. 
The contemplated risk-informed approach would categorize SSCs and vary 
the associated regulatory treatment based on the SSC's safety 
significance. This action is a result of the Commission's continuing 
efforts to risk-inform its regulations. The staff provided the 
Commission the proposed rule package on September 30, 2002. In a Staff 
Requirements Memorandum for SECY-02-0176, dated March 28, 2003, the 
Commission directed the staff to publish the proposed rule in the 
Federal Register for public comment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/03/00                    65 FR 11488
ANPRM Comment Period End        05/17/00
NPRM                            05/16/03                    68 FR 26511
NPRM Comment Period Extended    07/30/03                    68 FR 44672
Final Rule                      07/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Tim Reed, Nuclear Regulatory Commission, Office of

[[Page 38633]]

Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1462
Email: tar@nrc.gov

RIN: 3150-AG42
_______________________________________________________________________




4203. PERFORMANCE-BASED, RISK-INFORMED FIRE PROTECTION

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would address the Commission's direction 
provided in the staff requirements memorandum dated April 1, 1999, to 
establish a performance-based, risk-informed alternative to the NRC's 
existing reactor fire protection requirements through the adoption of 
an industry consensus standard: NFPA 805, ``Performance-Based Standard 
for Fire Protection for Light-Water Reactor Electric Generating 
Plants.'' Draft rule language was posted for public comment on the NRC 
Rulemaking Forum website on December 20, 2001; April 2, 2002, and May 
30, 2002. The proposed rule package was provided to the Commission on 
July 15, 2002 (SECY-02-132). Public comments have been incorporated and 
a final rule package was prepared. The draft final rule was presented 
to the ACRS on December 4, 2003, and the ACRS gave its general approval 
of the rule in a letter to the Chairman on December 12, 2003.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/01/02                    67 FR 66578
NPRM Comment Period End         01/15/03
Final Action                    07/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Federalism:  Undetermined

Agency Contact: Joseph L. Birmingham, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-2829
Email: jlb4@nrc.gov

RIN: 3150-AG48
_______________________________________________________________________




4204. CHANGES TO EMERGENCY ACTION LEVELS - APPENDIX E

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would resolve an ambiguity in the 
regulations regarding NRC approval of nuclear power plant licensee-
initiated changes to emergency action levels (EALs). The proposed rule 
would allow licensees to make minor changes to EALs without prior NRC 
approval. The proposed rule would also establish emergency planning 
exercise requirements for co-located licensees.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/24/03                    68 FR 43673
NPRM Comment Period End         10/07/03
Final Rule                      08/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Michael T. Jamgochian, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3224
Email: mtj1@nrc.gov

RIN: 3150-AH00
_______________________________________________________________________




4205. SECURITY REQUIREMENTS FOR PORTABLE GAUGES CONTAINING BYPRODUCT 
MATERIAL

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 30

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations 
governing the use of byproduct material in specifically licensed 
portable gauges. The proposed rule would require a licensee to provide 
a minimum of two independent physical controls that form tangible 
barriers to secure the gauge from unauthorized removal whenever the 
portable gauges are not under the control and constant surveillance of 
the licensee.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/01/03                    68 FR 45172
NPRM Comment Period End         10/15/03
Final Rule                      12/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Lydia Chang, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6319
Email: lwc1@nrc.gov

RIN: 3150-AH06
_______________________________________________________________________




4206. PUBLIC RECORDS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 9

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
reflect changes in officials who initially deny access to records or 
deny access to records whose initial denial has been appealed, and to 
reflect a change in an appellate official due to a reorganization. The 
amendment would allow the Executive Assistant to the Secretary of the 
Commission, rather than the Assistant Secretary, to make the initial 
determination to deny NRC records in whole or in part under the 
Commission's regulations. Also, an appeal of a denial of a request for 
a waiver or reduction of fees, or denial of a request for expedited 
processing would be appealed to the Executive Director for Operations 
rather than the Secretary of the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   04/27/04                    69 FR 22737
Comment Period End              07/12/04
Final Rule                      03/00/05

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Carole Ann Reed, Nuclear Regulatory Commission, Office 
of the Chief Information Officer, Washington, DC 20555

[[Page 38634]]

Phone: 301 415-7169
Email: car2@nrc.gov

RIN: 3150-AH12
_______________________________________________________________________




4207. OPTIONS FOR ADDRESSING TRAINING AND EXPERIENCE ISSUES ASSOCIATED 
WITH RECOGNITION OF SPECIALTY BOARDS BY NRC

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 35

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations 
modifying the training and experience requirements based on 
recommendations submitted by the Advisory Committee on the Medical Uses 
of Isotopes (ACMUI), contained in SECY-02-0194 (October 30, 2002, 
``Staff Requirements - SECY-02-0194 - Options for Addressing Part 35 
Training and Experience Issues Associated with Recognition of Specialty 
Boards by NRC'' (February 12, 2003). The Commission approved an option 
that includes posting on the NRC's web site the names of boards whose 
certifications are recognized as meeting revised criteria for training 
and experience rather than including the names in regulations. The 
Commission directed that the staff develop the proposed rule based on 
the ACMUI's recommendations, with certain qualifications in SRM-02-
0194, including clarifications about the meaning of terms in preceptor 
statements - the retention of which was required by the Commission.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   12/09/03                    68 FR 68549
Comment Period End              02/23/04
Final Rule                      09/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State

Agency Contact: Roger W. Broseus, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-7608
Email: rwb@nrc.gov

RIN: 3150-AH19
_______________________________________________________________________




4208. INDUSTRY CODES AND STANDARDS; AMENDED REQUIREMENTS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
incorporate by reference the 2001 Edition and 2002 Addenda of Division 
1 rules in section III, ``Rules for Construction of Nuclear Power Plant 
Components,'' of the American Society of Mechanical Engineers Boiler 
and Pressure Vessel Code (ASME BPV Code); the 2001 Edition and 2002 
Addenda of Division 1 rules in section XI, ``Rules for Inservice 
Inspection of Nuclear Power Plant Components,'' of the ASME BPV Code; 
and the 2001 edition and 2002 addenda of the ASME Code for Operation 
and Maintenance of Nuclear Power Plants (OM Code).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   01/07/04                      69 FR 879
Comment Period End              03/22/04
Final Rule                      09/00/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Stephen A. Tingen, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1280
Email: sgt@nrc.gov

RIN: 3150-AH24
_______________________________________________________________________




4209. LICENSING PROCEEDINGS FOR THE RECEIPT OF HIGH-LEVEL RADIOACTIVE 
WASTE AT A GEOLOGIC REPOSITORY: LICENSING SUPPORT NETWORK, SUBMISSIONS 
TO THE ELECTRONIC DOCKET

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 42 USC 2133; 42 USC 2134; 42 USC 2201; 42 USC 2232; 42 
USC 2233; 42 USC 2239; 42 USC 5841; 42 USC 5842; 42 USC 5846

CFR Citation: 10 CFR 2

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations 
that govern Rules of Practice applicable to the use of the Licensing 
Support Network (LSN) for the licensing proceeding on the disposal of 
high-level radioactive waste at a geologic repository (HLW licensing 
proceeding). The proposed amendments would establish the basic 
requirements and standards for the submission of adjudicatory materials 
to the electronic docket by parties to the HLW licensing proceeding. 
The proposed amendments would also address the issue of reducing the 
unnecessary loading of duplicate documents on individual LSN 
participant websites.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   11/26/03                    68 FR 66372
Comment Period End              01/12/04
Final Rule                      07/00/04

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Francis X. Cameron, Nuclear Regulatory Commission, 
Office of the General Counsel, Washington, DC 20555-0001
Phone: 301 415-1642
Email: fxc@nrc.gov

RIN: 3150-AH31

[[Page 38635]]

_______________________________________________________________________


Nuclear Regulatory Commission (NRC)                   Long-Term Actions






_______________________________________________________________________




4210. UPDATE FUEL PERFORMANCE CONSIDERATIONS AND OTHER FUEL CYCLE ISSUES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2011; 42 USC 2201; 42 USC 4321; 42 USC 5841; 42 
USC 5842

CFR Citation: 10 CFR 51

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations by 
addressing uranium fuel cycle environmental data (Table S-3) and the 
environmental effects of transportation of fuel and waste data (Table 
S-4). In section 51.51, the environmental data would be re-estimated 
and reflect changes in the structure and activities of the fuel cycle 
and the availability of better data. Estimates of releases of Radon-222 
and Technetium-99 would be added to Table S-3. The addition of a 
specific value for Radon-222 would address the outstanding portion of 
petition for rulemaking PRM-51-1, submitted by the New England 
Coalition on Nuclear Pollution. To provide immediate relief to the 
petitioners' request, the Commission published a final rule on March 
14, 1977 (42 FR 13803), that removed the original value for Radon-222 
from Table S-3 so that it became subject to case-specific litigation. 
It was anticipated that the Commission would add a specific value for 
Radon-222, but the Commission deferredaction until a general updating 
of Table S-3 is undertaken. For section 51.52, the environmental impact 
estimates would be re-estimated to reflect the use of more highly 
enriched fuel and discharge of more highly irradiated fuels from a 
reactor; as well as many changes needed to update fuel cycle process 
and technologies.
This rulemaking would result in current and more accurate estimates of 
the environmental impact of licensing a new plant, and would eliminate 
the requirement to review thecontribution to environmental impacts from 
Radon-222 and Technetium-99 in individual plant reviews. This rule is 
being reissued as a proposed rule, and would update the initial 
rulemaking effort to address newly emerging issues and research.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/04/81                    46 FR 15154
NPRM Comment Period End         05/04/81
Second NPRM                      To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Stewart Schneider, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555
Phone: 301 415-4123
Email: ssx4@nrc.gov

RIN: 3150-AA31
_______________________________________________________________________




4211. DISPOSAL BY RELEASE INTO SANITARY SEWERAGE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 20

Legal Deadline: None

Abstract: The advance notice of proposed rulemaking (ANPRM) was 
published to request public comment, information, and recommendations 
on contemplated amendments to the Commission's regulations governing 
the release of radionuclides from licensed nuclear facilities into 
sanitary sewer systems. The Commission believes that by incorporating 
current sewer treatment technologies, the contemplated rulemaking would 
improve the control of radioactive materials released to sanitary sewer 
systems by licensed nuclear facilities. The Interagency Steering 
Committee on Radiation Standards (ISCORS), the NRC and the 
Environmental Protection Agency conducted a joint survey of sewage 
treatment plants. The need for and the extent of a rulemaking will be 
evaluated pending the result of the survey and the associated dose 
assessment. This rulemaking would also address a petition for 
rulemaking submitted by the Northeast Ohio Sewer District (PRM-20-22).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/25/94                     59 FR 9146
ANPRM Comment Period End        05/26/94
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: David Tiktinsky, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington , DC 20555-0001
Phone: 301 415-6195
Email: dht@nrc.gov

RIN: 3150-AE90
_______________________________________________________________________




4212. ADVANCE NOTIFICATION TO NATIVE AMERICAN TRIBES OF TRANSPORTATION 
OF CERTAIN TYPES OF NUCLEAR WASTE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 71; 10 CFR 73

Legal Deadline: None

Abstract: The advance notice of proposed rulemaking (ANPRM) invited 
early input from affected parties and the public on the issues 
associated with the advance notification of Indian tribes of spent fuel 
shipments. The Department of Energy (DOE) has indicated that it intends 
to comply with NRC's physical protection requirements for shipments 
under the Nuclear Waste Policy Act; however, its current practices 
conflict with NRC regulations. For example, DOE has asked for and will 
continue to ask for exemptions from the shipment itinerary information 
requirements of foreign research reactor fuel. DOE, as a courtesy, 
provides Indian tribes with notification of spent fuel shipments. NRC's 
current regulations do not address notification of Indian tribes. 
Further, DOE has developed a satellite tracking system to monitor the 
status of spent fuel shipments at all times. Distribution of this 
status information to parties other than Governors' designees is also 
not compatible with NRC regulations. A rulemaking plan was approved by 
the Commission on February 20, 2001. This rulemaking was put on hold by 
the Commission pending review of NRC rules in response to events of 
September 11, 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/21/99                    64 FR 71331
ANPRM Comment Period End        07/05/00                    65 FR 18010
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

[[Page 38636]]

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Roger W. Broseus, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-7608
Email: rwb@nrc.gov

RIN: 3150-AG41
_______________________________________________________________________




4213. INTEGRATED RULEMAKING FOR DECOMMISSIONING NUCLEAR POWER REACTORS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: A staff requirements memorandum dated June 23, 1999, directed 
the NRC staff to consider an integrated, risk-informed decommissioning 
rule rather than individual rulemakings to address emergency 
preparedness, insurance, safeguards, operator staffing, and backfit for 
nuclear power plants that are being decommissioned. SECY-99-168, dated 
June 30, 1999, recommended that the integrated approach be approved and 
outlined staff plans for pursuing such a rulemaking. Accordingly, the 
staff has subsumedprevious rulemaking activities in the areas of 
emergency planning, insurance, safeguards, operator staffing, and 
backfit into one integrated rulemaking effort. This rulemaking would 
apply to licensees who certified, pursuant to 10 CFR 50.82(a), that 
they have permanently ceased facility operation(s) and have permanently 
removed fuel from the reactor vessel. The Commission approved this 
approach in an SRM dated December 21, 1999. This rulemaking also would 
address a petition for rulemaking submitted by the North Carolina 
Public Utility Commission (PRM-50-57).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Additional Information: In SECY-00-0145, dated June 28, 2000, the NRC 
staff recommended a decommissioning rulemaking plan in the areas of 
emergency planning, insurance, safeguards, operator staffing, and 
backfit (the integrated decommissioning rulemaking plan). The 
rulemaking plan relied on a draft decommissioning risk study as the 
basis for its recommendations. The Commission returned the rulemaking 
plan to the staff for rework in September 2000, based on changes to the 
decommissioning risk study findings. The decommissioning risk study, 
NUREG-1738, was issued in January 2001. After assessing the findings in 
the risk study, the staff presented a policy options paper to the 
Commission, SECY-01-0100, dated June 4, 2001, that provided options and 
made recommendations on issues to be addressed in the integrated 
rulemaking. Following the terrorist events of September 11, 2001, the 
NRC staff recommended and the Commission approved the withdrawal of 
SECY-01-0101 because of the likely changes in the staff's position on 
decommissioning plant safeguards. The decommissioning policy position 
will be revisited when a broad-scope NRC safeguards policy is developed 
in response to potential terrorist acts at nuclear facilities. The 
schedule for the integrated rulemaking cannot be determined at this 
time.

Agency Contact: George J. Mencinsky, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3093
Email: gjm@nrc.gov

RIN: 3150-AG47
_______________________________________________________________________




4214. REEVALUATION OF POWER REACTOR PHYSICAL PROTECTION REGULATIONS AND 
POSITION ON A DEFINITION OF RADIOLOGICAL SABOTAGE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 73

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
incorporate the Commission actions taken as a result of September 11, 
2001. The proposed rulemaking would (1) require power reactor licensees 
to conduct drills and exercises to evaluate their protective strategy 
against a simulated design basis threat (DBT) of radiological sabotage; 
(2) incorporate requirements of Commission Orders issued February 25, 
2002, January 7, 2003, and April 29, 2003; (3) require the development 
and implementation of an integrated response plan; (4) consider 
appropriate information obtained as a result of on-going vulnerability 
assessments; (5) consider appropriate aspects of access authorization 
program changes; (6) codify the applicable requirements from the 
Commission Orders (and revisions to section 73.55) as part of the 
licensing and design regulations applicable to future/new reactor 
applications/designs (Part 50) (SRM to SECY-03-0157); and (7) codify 
the applicable requirements from the Commission Orders as part of the 
licensing and design regulations applicable to Early Site Permits 
(ESPs). In conjunction with this rulemaking effort, all associated 
regulatory guidance documents such as regulatory guides, NUREGs, 
Information notices, etc., would require review and revisions as 
appropriate.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Scott A. Norris, Nuclear Regulatory Commission, Office 
of Nuclear Security and Incident Response, Washington, DC 20555
Phone: 301 415-7083
Email: sam1@nrc.gov

RIN: 3150-AG63
_______________________________________________________________________




4215. TRANSFERS OF CERTAIN SOURCE MATERIALS BY SPECIFIC LICENSEES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 40

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
require NRC approval for transfers from licensees of unimportant 
quantities of source material (less than 0.05 percent by weight) to 
persons exempt from

[[Page 38637]]

licensing requirements. The objective of this proposed action is to 
ensure that the regulations regarding transfers of materials containing 
low concentrations of source material are adequate to protect public 
health and safety. Publication of the final rule is being delayed until 
certain recent related issues are resolved to minimize the possibility 
of future inconsistencies in the regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/28/02                    67 FR 55175
NPRM Comment Period End         11/12/02
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Gary Comfort, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-8106
Email: gcc1@nrc.gov

RIN: 3150-AG64
_______________________________________________________________________




4216. ENTOMBMENT OPTIONS FOR POWER REACTORS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 20; 10 CFR 50

Legal Deadline: None

Abstract: The advance notice of proposed rulemaking (ANPRM) was 
published seeking stakeholder input on three proposed regulatory 
options and whether entombment was a viable decommissioning 
alternative. In SECY 02-0191 (October 25, 2002), NRC staff proposed 
deferring the rulemaking until the Office of Nuclear Regulatory 
Research has conducted research to develop a sound technical basis for 
an entombment option, estimated in 2005. The Commission, in a Staff 
Requirements Memorandum dated November 26, 2002, did not object to 
staff's proposal, and requested information regarding the scope and 
type of research needed to support any entombment option. This 
information was provided to the Commission on May 14, 2003.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           10/16/01                    66 FR 52551
ANPRM Comment Period End        12/31/01
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Patricia Eng, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-7206
Email: ple@nrc.gov

RIN: 3150-AG89
_______________________________________________________________________




4217. MODIFICATIONS TO PRESSURE-TEMPERATURE LIMITS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
eliminate those requirements for pressure-temperature limits that are 
related to the metal temperature of the reactor pressure vessel closure 
head flange and vessel flange areas. The proposed rule would amend 
footnotes 2 and 6 to table 1 of appendix G, and simplify restructuring 
of the table. Also, this rulemaking would address the petition for 
rulemaking submitted by Westinghouse Electric Company (PRM-50-69).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Matthew Mitchell, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3303
Email: mam4@nrc.gov

RIN: 3150-AG98
_______________________________________________________________________




4218. DISTRIBUTION OF SOURCE MATERIAL TO EXEMPT PERSONS AND GENERAL 
LICENSEES AND REVISION OF 10 CFR 40.22 GENERAL LICENSE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 40

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
improve the control over the distribution of source material to exempt 
persons and to general licensees in order to make part 40 more risk-
informed. The proposed rule also would govern the licensing of source 
material by adding specific requirements for licensing of and reporting 
by distributors of products and materials used by exempt persons and 
general licensees. Source material is used under general license and 
under various exemptions from licensing requirements in part 40 for 
which there is no regulatory mechanism for the Commission to obtain 
information to fully assess the resultant risks to public health and 
safety. Although estimates of resultant doses have been made, there is 
a need for ongoing information on the quantities and types of 
radioactive material distributed for exempt use and use under general 
license. Obtaining information on the distribution of source material 
is particularly difficult because many of the distributors of source 
material to exempt persons and generally licensed persons are not 
currently required to hold a license from the Commission. Distributors 
are often unknown to the Commission. No controls are in place to ensure 
that products and materials distributed are maintained within the 
applicable constraints of the exemptions. In addition, the amounts of 
source material allowed under the general license in 10 CFR 40.22 could 
result in exposures above 1 mSv/year (100 mrem/year) to workers at 
facilities that are not required to meet the requirements of parts 19 
and 20. Without knowledge of the identity and location of the general 
licensees, it would be difficult to enforce restrictions on the general 
licensees. This rule also would address PRM-40-27 submitted by the 
State of Colorado and organization of Agreement States.

[[Page 38638]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Governmental Jurisdictions

Government Levels Affected: State

Agency Contact: Gary Comfort, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-8106
Email: gcc1@nrc.gov

RIN: 3150-AH15
_______________________________________________________________________




4219. ACCEPTABLE CRITERIA FOR EMERGENCY CORE COOLING SYSTEMS FOR LIGHT-
WATER NUCLEAR POWER REACTORS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

Legal Authority: 41 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed amendment would eliminate the agency's practice 
of approving the use of M5, a zirconium-niobium alloy, by exemptions. 
This action is intended to increase NRC's effectiveness and efficiency 
and to reduce unnecessary regulatory burden for licensees without 
adversely affecting public health and safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/00/06
Final Rule                      03/00/07

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Merilee Banic, Nuclear Regulatory Commission, Office of 
Nuclear Reactor Regulation, Washington, DC 20555
Phone: 301 415-2771
Email: mjb@nrc.gov

RIN: 3150-AH22
_______________________________________________________________________




4220.  IMPLEMENT US-IAEA SAFEGUARDS AGREEMENT

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 40; 10 CFR 50; 10 CFR 60; 10 CFR 61, 1

Legal Deadline: None

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

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: David Tiktinsky, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington , DC 20555-0001
Phone: 301 415-6195
Email: dht@nrc.gov

RIN: 3150-AH38
_______________________________________________________________________




4221.  EXEMPTIONS FROM LICENSING AND DISTRIBUTION OF 
BYPRODUCT MATERIAL; LICENSING AND REPORTING REQUIREMENT

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 30; 10 CFR 31; 10 CFR 32

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
use the results of the reevaluation of exemptions to make Parts 30, 31, 
and 32 more risk-informed, less prescriptive, and better ensure safety. 
This goal would include considering a new exemption to cover a number 
of types of devices that are currently used under specific or general 
license. Some issues related to the distribution of generally licensed 
devices also would be considered. This rulemaking would subsume RM 526, 
``Use of Exempt Sources in Devices, 10 CFR 30.18,`` which has been 
terminated.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                    To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Catherine R. Mattsen, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001
Phone: 301 415-6264
Email: crm@nrc.gov

RIN: 3150-AH41
_______________________________________________________________________




4222.  PERFORMANCE-BASED ECCS ACCEPTANCE CRITERIA

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
Sec.  50.46 to develop performance-based acceptance criteria for fuel 
cladding performance during loss-of-coolant accidents. Existing 
provisions of Sec.  50.46 applicable to certain zirconium-based 
cladding materials would be supplemented by performance-based standards 
for maximum peak cladding temperature and oxidation limit. The 
supplementary performance standard would allow licensees to use 
alternative cladding materials, without seeking an exemption, provided 
that (1) testing demonstrated that adequate ductility would be 
maintained and (2) ECCS analyses showed that the new performance 
criteria would be satisfied. The proposed rulemaking would also grant 
PRM-50-71, a petition for rulemaking submitted by the Nuclear Energy 
Institute.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   03/00/06

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Peter C. Wen, Nuclear Regulatory Commission, Office of 
Nuclear Reactor Regulation, Washington , DC 20555-0001

[[Page 38639]]

Phone: 301 415-2832
Email: pxw@nrc.gov

RIN: 3150-AH42
_______________________________________________________________________




4223.  DECOUPLING OF ASSUMED LOSS OF OFFSITE POWER 
FROM LOSS-OF-COOLANT ACCIDENTS (LOCA)

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
Part 50, Appendix A, to eliminate--based upon appropriate risk 
considerations--the assumption of a coincident loss of offsite power 
(LOOP) for postulated large-break (low frequency) loss-of-coolant 
accidents (LB-LOCA) in General Design Criterion (GDC) 35. The proposed 
rule would provide a voluntary alternative to existing requirements 
where specified acceptance criteria are satisfied, and would grant, in 
part, PRM-50-77, a petition for rulemaking submitted by Bob Christie 
(Performance Technology).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                    To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Peter C. Wen, Nuclear Regulatory Commission, Office of 
Nuclear Reactor Regulation, Washington , DC 20555-0001
Phone: 301 415-2832
Email: pxw@nrc.gov

RIN: 3150-AH43
_______________________________________________________________________


Nuclear Regulatory Commission (NRC)                   Completed Actions






_______________________________________________________________________




4224. CHANGES TO ADJUDICATORY PROCESS

Priority: Substantive, Nonsignificant

CFR Citation: 10 CFR 1; 10 CFR 2; 10 CFR 50; 10 CFR 51; 10 CFR 52; 10 
CFR 54; 10 CFR 60; 10 CFR 70; 10 CFR 73; 10 CFR 75; 10 CFR 76; 10 CFR 
110

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Rule                      01/14/04                     69 FR 2182
Final Rule Effective            02/13/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Geary S. Mizuno
Phone: 301 415-1639
Email: gsm@nrc.gov

RIN: 3150-AG49
_______________________________________________________________________




4225. COMPATIBILITY WITH IAEA TRANSPORTATION SAFETY STANDARDS

Priority: Substantive, Nonsignificant

CFR Citation: 10 CFR 71

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Rule                      01/26/04                     69 FR 3698
Final Rule Effective            10/01/04
Portions of Sections 71.19 and 
71.20                           10/01/08

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Naiem S. Tanious
Phone: 301 415-6103
Email: nst@nrc.gov

RIN: 3150-AG71
_______________________________________________________________________




4226. FINANCIAL INFORMATION REQUIREMENTS FOR APPLICATIONS TO RENEW OR 
EXTEND THE TERM OF AN OPERATING LICENSE FOR A POWER REACTOR

Priority: Substantive, Nonsignificant

CFR Citation: 10 CFR 50

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Rule                      01/30/04                     69 FR 4439
Final Rule Effective            03/01/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George J. Mencinsky
Phone: 301 415-3093
Email: gjm@nrc.gov

RIN: 3150-AG84
_______________________________________________________________________




4227. ELECTRONIC SUBMISSION OF FINGERPRINT RECORDS

Priority: Substantive, Nonsignificant

CFR Citation: 10 CFR 73

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Subsumed into RIN 3150-AH33     10/10/03                    68 FR 58791

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Cheryl Stone
Phone: 301 415-7404
Email: cms2@nrc.gov

RIN: 3150-AH16
_______________________________________________________________________




4228. LIST OF APPROVED SPENT FUEL STORAGE CASKS: NAC-UMS REVISION 
(AMENDMENT 3)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

CFR Citation: 10 CFR 72

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               01/16/04                     69 FR 2497
Direct Final Rule Effective     03/31/04
Proposed Rule                   01/16/04                     69 FR 2528
Confirmation of Effective Date  03/31/04                    69 FR 16769

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jayne M. McCausland
Phone: 301 415-6219
Email: jmm2@nrc.gov

RIN: 3150-AH25

[[Page 38640]]

_______________________________________________________________________




4229. LIST OF APPROVED SPENT FUEL STORAGE CASKS: STANDARDIZED NUHOMS 
SYSTEM REVISION (AMENDMENT 5)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

CFR Citation: 10 CFR 72

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule Effective     11/03/03
Withdrawal of Direct Final Rule 10/30/03                    68 FR 61734

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jayne M. McCausland
Phone: 301 415-6219
Email: jmm2@nrc.gov

RIN: 3150-AH26
_______________________________________________________________________




4230. LIST OF APPROVED SPENT FUEL STORAGE CASKS: STANDARDIZED NUHOMS -
24P, -52B, -61BT, -32PT, AND -24PHB REVISION (AMENDMENT 6)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

CFR Citation: 10 CFR 72

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   10/07/03                    68 FR 57839
Direct Final Rule               10/07/03                    68 FR 57785
Confirmation of Effective Date  12/17/03                    68 FR 71021
Direct Final Rule Effective     12/22/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Margaret Stambaugh
Phone: 301 415-5449
Email: msx8@nrc.gov

Margaret Stambaugh
Phone: 301 415-5449
Email: msx8@nrc.gov

RIN: 3150-AH27
_______________________________________________________________________




4231. LIST OF APPROVED SPENT FUEL STORAGE CASKS: STANDARIZED NUHOMS 
SYSTEM REVISION (AMENDMENT 7)

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

CFR Citation: 10 CFR 72

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   12/18/03                    68 FR 70463
Direct Final Rule               12/18/03                    68 FR 70423
Confirmation of Effective Date 
Published                       02/27/04                     69 FR 9199
Final Rule Effective            03/02/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jayne M. McCausland
Phone: 301 415-6219
Email: jmm2@nrc.gov

RIN: 3150-AH28
_______________________________________________________________________




4232. MINOR CHANGES TO DECOMMISSIONING TRUST FUND PROVISIONS

Priority: Substantive, Nonsignificant. Major status under 5 USC 801 is 
undetermined.

CFR Citation: 10 CFR 50

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   11/20/03                    68 FR 65415
Comment Period End              12/22/03
Direct Final Rule               11/20/03                    68 FR 65386
Direct Final Rule Effective     12/24/03
Confirmation of Effective Date  02/04/04                     69 FR 5267

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Brian J. Richter
Phone: 301 415-1978
Email: bjr@nrc.gov

Brian J. Richter
Phone: 301 415-1978
Email: bjr@nrc.gov

RIN: 3150-AH32
_______________________________________________________________________




4233.  MINOR CORRECTION AMENDMENTS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 1; 10 CFR 4; 10 CFR 19; 10 CFR 35; 10 CFR 39; 10 
CFR 40; 10 CFR 50

Legal Deadline: None

Abstract: The final rule amends the Commission's regulations to correct 
several miscellaneous errors in the Code of Federal Regulations (CFR). 
This document is necessary to inform the public of these corrective 
changes to NRC regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      12/31/03                    68 FR 75388
Final Rule Effective            12/31/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Alzonia W. Shepard, Nuclear Regulatory Commission, 
Office of Administration, Washington, DC 20055-0001
Phone: 301 415-6864
Email: aws1@nrc.gov

RIN: 3150-AH34
_______________________________________________________________________




4234.  LIST OF APPROVED SENT FUEL STORAGE CASKS: 
STANDARDIZED NUHOMS -24P, -52B, AND -61BT REVISION (AMENDMENT 5)

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 72

Legal Deadline: None

Abstract: The final rule amends the Commission's regulations that apply 
to storage of spent fuel by revising the Transnuclear, Inc., 
Standardized NUHOMS cask system listing within the ``List of Approved 
Spent Fuel Storage Casks'' to include Amendment No. 5 to Certificate of 
Compliance Number 1004. This amendment will add another dry shielded 
canister (DSC), designated NUHOMS -32PT DSC, to the authorized contents 
of the Standardized NUHOMS -24P, -52B, and -61BT cask system. This 
canister is designed to accommodate 32

[[Page 38641]]

pressurized water reactor assemblies with or without Burnable Poison 
Rod assemblies. It is designed for use with existing NUHOMS horizontal 
Storage Module and NUHOMS Transfer Cask under a general license. A 
significant adverse comment was received on the direct final rule, 
therefore the direct final rule was withdrawn on October 30, 2003; 68 
FR 61734 (see RIN AH26).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      01/07/04                      69 FR 849
Final Rule Effective            01/07/04

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jayne M. McCausland, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001
Phone: 301 415-6219
Email: jmm2@nrc.gov

RIN: 3150-AH36
_______________________________________________________________________




4235.  REVISION OF FEE SCHEDULES; FEE RECOVERY, FY 
2004

Priority: Economically Significant. Major under 5 USC 801.

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 170; 10 CFR 171

Legal Deadline: None

Abstract: The final rule amends the licensing, inspection, and annual 
fees charged to NRC licensees and applicants for an NRC license. The 
rulemaking is necessary to recover, through the assessment of fees, 
approximately 92 percent of the NRC's budget authority for Fiscal Year 
2004, less the amounts appropriated from the Nuclear Waste Fund as 
required by the Omnibus Budget Reconciliation Act (OBRA) of 1990, as 
amended.
The FY 2001 Energy and Water Development Appropriations Act amended 
OBRA-90 to decrease the NRC's fee recovery amount by 2 percent per year 
beginning in FY 2001 until the fee recovery amount is 90 percent for FY 
2005. The purpose of this amendment is to address the fairness and 
equity concerns related to charging NRC license holders for agency 
expenses that do not provide a direct benefit to the licensee. The 
dollar amount to be recovered for FY 2004 is approximately $545.6 
million. OBRA-90, as amended, requires that the fees for FY 2004 be 
collected by September 30, 2004.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Proposed Rule                   02/02/04                     69 FR 4865
Comment Period End              03/03/04
Final Rule                      04/26/04                    69 FR 22663
Final Rule Effective            06/25/04

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: Local, State

Agency Contact: Tammy D. Croote, Nuclear Regulatory Commission, Office 
of the Chief Financial Officer, Washington, DC 20555-0001
Phone: 301 415-6041
Email: txc1@nrc.gov

RIN: 3150-AH37
[FR Doc. 04-11479 Filed 06-25-04; 8:45 am]
BILLING CODE 7590-01-S