REGULATIONS AND AMENDMENTS PUT INTO EFFECT - FY 2006

Price-Anderson Act Financial Protection Regulations and Elimination of Antitrust 

Reviews - Parts 2, 50, 52, and 140 - RIN AH78

On October 27, 2005 (70 FR 61885), the NRC published an amendment to its

regulations, effective November 28, 2005, to conform with the requirements of the Energy

Policy Act of 2005. The revised regulations include Congress's prescribed increase in the

amount of the required annual financial contributions required from commercial reactors in the

event of a nuclear accident to pay for third-party liability under the Price-Anderson Act. This

revision also provides Congress's accommodation for modular reactors, which permits a

defined combination of these reactors to be considered a single reactor for the determination of

financial obligations under the Price-Anderson Act. Additional revisions, essentially deletions,

result from Congress's terminating NRC's authority and responsibility to conduct antitrust

reviews of future applications to construct or operate a nuclear reactor.

Statement of Organization and General Information - Part 1 - RIN AH79

On November 16, 2005 (70 FR 69421), the NRC published an amendment to its

regulations, effective immediately, to reflect the renaming of the Office of the Chief Information

Officer as the Office of Information Services, the establishment of the Office of Nuclear Security

and Incident Response, the transfer of the responsibility for the allegations program from the

Office of Nuclear Reactor Regulation to the Office of Enforcement, and other minor changes. 

AP1000 Design Certification - Part 52 - RIN AH56

On January 27, 2006 (71 FR 4464), the NRC published an amendment to its

regulations, effective February 27, 2006, to certify the AP1000 standard plant design. This

action is necessary so that applicants or licensees intending to construct and operate an

AP1000 design may do so by referencing this regulation (AP1000 Design Certification Rule).

The applicant for certification of the AP1000 design was Westinghouse Electric Company, LLC.

Minor Amendments - Parts 1, 13, 20, 30, 32, 35, 40, 55, 70, 73, 110, and 140 - RIN AH82

On March 27, 2006 (71 FR 15005), the NRC published an amendment to its regulations,

effectively immediately, to correct several miscellaneous errors in the Code of Federal

Regulations (CFR), update the address for Region III, and remove all references to Subpart J in

10 CFR Parts 32 and 35. This document is necessary to inform the public of these minor

changes to NRC regulations.

Implementation of the Nuclear Export and Import Provisions of the Energy Policy Act of

2005 - Part 110 - RIN AH88

On April 20, 2006 (71 FR 20336), the NRC published an amendment to its regulations,

effective August 7, 2006, that govern the export and import of nuclear equipment and material

to implement provisions of the Energy Policy Act of 2005, signed into law on August 8, 2005. 

This amendment will facilitate exports to specified countries of highly-enriched uranium for

medical isotope production in reactors that are either using low-enriched uranium (LEU) fuel or

have agreed to convert to the use of LEU fuel. In addition, this final rule revises the definition of

byproduct material to include discrete sources of radium-226, accelerator-produced radioactive
-2-

material, and discrete sources of naturally occurring radioactive material. The final rule also

requires specific licenses for exports and imports of radium-226 that meet the threshold values

of the International Atomic Energy Agency's Code of Conduct on the Safety and Security of

Radioactive Sources. 

Revision of Fee Schedules; Fee Recovery for FY 2006 - Parts 170 and 171 - RIN AH83

On May 30, 2006 (71 FR 30721), the NRC published an amendment to its regulations

amending the licensing, inspection, and annual fees charged to its applicants and licensees. 

The amendments, effective July 31, 2006, are necessary to implement the Omnibus Budget

Reconciliation Act of 1990 (OBRA-90), as amended, which requires that the NRC recover

approximately 90 percent of its budget authority in fiscal year (FY) 2006, less the amounts

appropriated from the Nuclear Waste Fund and for Waste Incidental to Reprocessing activities. 

The required fee recovery amount for the FY 2006 budget is approximately $624 million, which

is increased by approximately $0.9 million to account for billing adjustments, resulting in a total

of approximately $625 million that must be recovered through fees in FY 2006. 

Relief From Fingerprinting and Criminal History Records Check for Designated

Categories of Individuals - Part 73 - RIN AH94

On June 13, 2006 (71 FR 33989), the NRC published an amendment to its regulations,

effective immediately, to relieve certain categories of individuals who have been approved by

the Commission for access to Safeguards Information from the fingerprinting and criminal

history records check requirements of Section 149 of the Atomic Energy Act of 1954, as

amended.

Charges for Reproducing Records - Part 9 - RIN AH66

On September 18, 2006 (71 FR 54570), the NRC published an amendment to its

regulations, effective October 18, 2006, revising its charges for copying publicly available

documents by the copy service at the NRC’s Public Document Room. The revised charges for

copying publicly available documents are listed in 10 CFR 9.35, “Duplication fees.” This

document is necessary to inform the public of these changes to the NRC’s regulations.

DIRECT FINAL RULES

List of Approved Spent Fuel Storage Casks: VSC-24 (Revision 6) - Part 72 - RIN AH87

On March 21, 2006 (71 FR 14089), the NRC published an amendment to its regulations,

effective June 5, 2006, that revises the BNG Fuel Solutions Corporation VSC-24 cask system

listing within the List of Approved Spent Fuel Storage Casks to include Amendment No. 6 to

Certificate of Compliance (CoC) Number 1007. Amendment No. 6 modifies the present cask

system design to revise the Technical Specification (TS) requirements related to periodic

monitoring during storage operation under a general license. Specifically, the amendment

eliminates TS 1.3.4 that requires daily temperature measurement of the cask. The daily

temperature measurement is not required because the daily visual inspection of the cask inlet

and outlet vent screens, required by TS 1.3.1, provides the capability to determine when
-3-

corrective action needs to be taken to maintain safe storage conditions under the requirements

that govern general design criteria for spent fuel storage casks. Visual inspection would

determine if the cask inlets and outlets were blocked (the focus of the thermal analysis

submitted by the CoC holder). The amendment also revises TS 1.2.3 to correspond with TS

1.3.1 by revising the method of thermal performance evaluation to allow for daily temperature

surveillance after the cask has reached thermal equilibrium. In addition, the amendment

updates editorial changes associated with the company name change from BNFL Fuel

Solutions Corporation to BNG Fuel Solutions Corporation. The companion proposed rule was

published on March 21, 2006 (71 FR 14120). The confirmation of effective date was published

on May 30, 2006 (71 FR 30576).

Revision of NRC Form 7, Application for NRC Export/Import License, Amendment, or

Renewal - Part 110 - RIN AH89

On April 13, 2006 (71 FR 19102), the NRC published an amendment to its regulations

that govern the export and import of nuclear material and equipment concerning the use of

NRC Form 7, “Application for NRC Export/Import License, Amendment, or Renewal.” This final

rule, effective June 27, 2006, amends the regulations that govern export and import of nuclear

material and equipment to reflect that all license requests are to be made using NRC Form 7,

as revised. The companion proposed rule was published on April 13, 2006 (71 FR 19135). 

The confirmation of effective date was published on June 23, 2006 (71 FR 35995).

List of Approved Spent Fuel Storage Casks: FuelSolutions Cask System (Revision 4) -

Part 72 - RIN AH86

On April 18, 2006 (71 FR 19806), the NRC published an amendment to its regulations,

effective July 3, 2006, that revises the BNG Fuel Solutions Corporation (FuelSolutions) cask

system within the List of Approved Spent Fuel Storage Casks to include Amendment No. 4 to

Certificate of Compliance Number 1026. The companion proposed rule was published on 

April 18, 2006 (71 FR 19831). The confirmation of effective date was published on June 19,

2006 (71 FR 35147).

List of Approved Spent Fuel Storage Casks: NUHOMS HD Addition - Part 72 - RIN AH93

On May 2, 2006 (71 FR 25740), the NRC published an amendment to its regulations

that would have added the NUHOMS HD cask system to the List of Approved Spent Fuel

Storage Casks. This amendment would have allowed the holders of power reactor operating

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

companion proposed rule was published on May 2, 2006 (71 FR 25782). This direct final rule

was withdrawn on July 13, 2006 (71 FR 39520).

Submission of Annual Financial Reports: Elimination of Requirement - Parts 50 and 72 -

RIN AH39

On May 22, 2006 (71 FR 29244), the NRC published an amendment to its regulations,

effective August 7, 2006, so that licensees who file financial reports with the Securities and

Exchange Commission (SEC) or the Federal Energy Regulatory Commission (FERC) need not

submit annual financial reports, including the certified financial statement, to the NRC. The
-4-

NRC is also amending its regulations so that Independent Spent Fuel Storage Installation

licensees who file financial reports with the SEC or the FERC, need not submit annual financial

reports, including the certified financial statements, to the NRC. The companion proposed rule

was published on May 22, 1006 (71 FR 29273). The confirmation of effective date was not

published.

Facility Change Process Involving Items Relied on for Safety - Part 70 - RIN AH96

On September 27, 2006 (71 FR 56344), the NRC published an amendment to its

regulations to clarify a requirement pertaining to items relied on for safety (IROFS). This

rulemaking corrects an inconsistency in the regulations pertaining IROFS. The companion

proposed rule was published on September 27, 2006 (71 FR 56413).

REGULATIONS AND AMENDMENTS PROPOSED

Design Basis Threat - Part 73 - RIN AH60

On November 7, 2005 (70 FR 67380), the NRC published a proposed amendment to its

regulations that would govern the requirements pertaining to design basis threat (DBT). The

proposed rule would amend the Commission's regulations to make generically applicable the

security requirements previously imposed by the Commission's April 29, 2003, DBT orders,

which applied to existing licensees, and redefine the level of security requirements necessary to

ensure that the public health and safety and common defense and security are adequately

protected. The proposed rule would revise the DBT requirements for radiological sabotage

(applied to power reactors and Category I fuel cycle facilities), and theft or diversion of NRClicensed Strategic Special Nuclear Material (SSNM) (applied to Category I fuel cycle facilities). 

The NRC has developed draft Regulatory Guides (RGs) that provide guidance to licensees

concerning the DBT for radiological sabotage and theft and diversion. These draft RGs have

limited distribution because they contain either safeguards or classified information. The

specific details related to the threat, which contain both safeguards information and classified

information, are contained in adversary characteristics documents that are not publicly

available. These documents include specific details of the attributes of the threat consistent

with the requirements imposed in the April 29, 2003, DBT orders. Additionally, a Petition for

Rulemaking (PRM-73-12), filed by the Committee to Bridge the Gap, was considered as part of

this proposed rulemaking. The NRC's disposition of this petition is contained in this proposed

rulemaking. 

Risk-Informed Changes to Loss-of-Coolant Accident Technical Requirements - Part 50 -

RIN AH29

On November 7, 2005 (70 FR 67597), the NRC published a proposed rule to amend its

regulations to permit current power reactor licensees to implement a voluntary, risk-informed

alternative to the current requirements for analyzing the performance of emergency core

cooling systems (ECCS) during loss-of-coolant accidents (LOCAs). In addition, the proposed

rule would establish procedures and criteria for requesting changes in plant design and

procedures based upon the results of the new analyses of ECCS performance during LOCAs. 
-5-

Use of Electronic Submissions in Agency Hearings - Parts 1, 2, 13, and 110 - RIN AH74

On December 16, 2005 (70 FR 74949), the NRC published a proposed rule to amend its

regulations to require the use of electronic submissions in all agency hearings, except for those

conducted on a high-level radioactive waste repository application (which are covered under a

separate set of regulations). The amendments would require the electronic transmission of

electronic documents in submissions made to the NRC’s adjudicatory boards, and in serving

copies of those submissions on all participants to the proceedings. Although exceptions to

these requirements would be established to allow paper filings in limited circumstances, the

NRC would maintain a strong preference for fully electronic filing and service. The proposed

rule builds upon prior NRC rules and developments in the Federal courts regarding the use of

electronic submissions.

Exemptions From Licensing, General Licenses, and Distribution of Byproduct Material: 

Licensing and Reporting Requirements - Parts 30, 31, 32, and 150 - RIN AH41

On January 4, 2006 (71 FR 275), the NRC published a proposed rule to amend its

regulations governing the use of byproduct material to revise requirements for reporting

transfers to persons exempt from licensing, simplify the licensing of smoke detector distribution,

remove obsolete provisions, and clarify certain regulatory provisions. These actions are

intended to better ensure the protection of public health and safety in the future, make the

licensing of distribution to exempt persons more effective and efficient, and reduce

unnecessary regulatory burden to certain general licensees. These changes would affect

licensees who distribute byproduct material to exempt persons, users of some generally

licensed devices, and some exempt persons.

Clarification of NRC Civil Penalty Authority Over Contractors and Subcontractors Who

Discriminate Against Employees for Engaging in Protected Activities - Parts 30, 40, 50,

60, 61, 63, 70, 71, 72, and 76 - RIN AH59

On January 31, 2006 (71 FR 5015), the NRC published a proposed rule to amend its

regulations to clarify the Commission’s authority to impose a civil penalty upon a non-licensee

contractor or subcontractor of a Commission licensee, or applicant for a Commission license

who violates the NRC’s regulations by discriminating against employees for engaging in

protected activity. The NRC is also proposing to amend its employee protection regulations

related to the operation of Gaseous Diffusion Plants to conform with the NRC’s other employee

protection regulations and to allow the NRC to impose a civil penalty on the United States

Enrichment Corporation (USEC), as well as a contractor of USEC.

Revision of Fee Schedules; Fee Recovery for FY 2006 - Parts 170 and 171 - RIN AH83

On February 10, 2006 (71 FR 7349), the NRC published a proposed rule that would

amend the licensing, inspection, and annual fees charged to its applicants and licensees. The

proposed amendments are necessary to implement the Omnibus Budget Reconciliation Act of

1990 (OBRA-90), as amended, which requires that the NRC recover approximately 90 percent

of its budget authority in fiscal year (FY) 2006, less the amounts appropriated from the Nuclear

Waste Fund and for Waste Incidental to Reprocessing activities. The required fee recovery

amount for the FY 2006 budget is approximately $624 million, which is increased by
-6-

approximately $0.9 million to account for billing adjustments, resulting in a total of

approximately $625 million that must be recovered through fees in FY 2006.

Fire Protection Program - Post-Fire Operator Manual Actions - Part 50 - RIN AH54

On March 6, 2006 (71 FR 11169), the NRC published a notice of withdrawal of proposed

rulemaking that was published on March 7, 2005 (70 FR 10901). The NRC is withdrawing its

proposed amendment to the Commission's fire protection regulations for nuclear power facilities

operating prior to January 1, 1979. The proposed amendment pertained to the use of manual

actions by plant operators coincident with fire detectors and an installed automatic fire

suppression system in the fire area as an alternative method to achieve hot shutdown

conditions in the event of fires in certain plant areas. Based on stakeholder comments, the

Commission believes that the proposed rule would not achieve intended objectives of

effectiveness and efficiency. 

Licenses, Certifications, and Approvals for Nuclear Power Plants - Parts 1, 2, 10, 19, 20,

21, 25, 26, 50, 51, 52, 54, 55, 72, 73, 75, 95, 140, 170, and 171 - RIN AG24

On March 13, 2006 (71 FR 12781), the NRC published a proposed rule that would

amend its regulations by revising the provisions applicable to the licensing and approval

processes for nuclear power plants and making necessary conforming amendments throughout

the NRC's regulations to enhance the NRC's regulatory effectiveness and efficiency in

implementing its licensing and approval processes. The proposed changes would clarify the

applicability of various requirements to each of the licensing processes (i.e., early site permit,

standard design approval, standard design certification, combined license, and manufacturing

license). On July 3, 2003, the NRC published a proposed rulemaking to clarify and correct the

NRC's regulations related to nuclear power plant licensing. Upon further consideration, the

NRC is now proposing new requirements to enhance its licensing and approval processes and

changes throughout the NRC's regulations to support these processes. This proposed rule

supersedes the July 3, 2003, proposed rule. The Commission believes that this rulemaking

action will improve the effectiveness and efficiency of the licensing and approval processes for

future applicants.

National Source Tracking of Sealed Sources - Parts 20 and 32 - RIN AH48

On June 13, 2006 (71 FR 34024), the NRC published a proposed rule that would

establish a National Source Tracking System for certain sealed sources. The NRC is proposing

to change the basis for the rule from the NRC’s authority to promote the common defense and

security to protection of the public health and safety.

Requirements for Expanded Definition of Byproduct Material - Parts 20, 30, 31, 32, 33, 35,

50, 61, 62, 72, 110, 150, 170, and 171 - RIN AH84

On July 28, 2006 (71 FR 42951), the NRC published a proposed rule that would 

amend its regulations to include jurisdiction over certain radium sources, accelerator-produced

radioactive materials, and certain naturally occurring radioactive material, as required by the

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

expanded the Atomic Energy Act of 1954 definition of byproduct material to include any discrete

source of radium-226, any material made radioactive by use of a particle accelerator, and any

discrete source of naturally occurring radioactive material, other than source material, that the
-7-

Commission, in consultation with other Federal officials named in the EPAct, determines would

pose a similar threat to the public health and safety or the common defense and security as a

discrete source of radium-226, that are extracted or converted after extraction for use for a

commercial, medical, or research activity. In so doing, these materials were placed under the

NRC's regulatory authority. The EPAct also mandated that the Commission, after consultation

with States and other stakeholders, issue final regulations establishing requirements that the

Commission determines necessary under the EPAct. This rulemaking effort is being

undertaken in response to that mandate and includes significant contributions from many

States that have regulated the naturally occurring and accelerator-produced radioactive

material, the Organization of Agreement States, Inc., and the Conference of Radiation Control

Program Directors, Inc. (CRCPD). In addition, this proposed rule was informed and guided by

the CRCPD's applicable Suggested State Regulations for the Control of Radiation. Licensees

and individuals who are engaged in activities involving the newly defined byproduct material in

both Agreement States and non-Agreement States and United States Territories may be

affected by this rulemaking. 

Secure Transfer of Nuclear Materials - Part 73 - RIN AH90

On August 30, 2006 (71 FR 51534), the NRC published a proposed rule that would 

amend its regulations to implement requirements for secure transfer of nuclear materials as

required by Section 656 of the Energy Policy Act of 2005, signed into law on August 8, 2005.

The proposed amendment would implement Section 656 by specifically excepting certain

licensees from provisions of Section 170I of the Atomic Energy Act, as amended. 

Occupational Dose Records, Labeling Containers, and the Total Effective Dose

Equivalent - Parts 19, 20, and 50 - RIN AH40

On September 22, 2006 (71 FR 55382), the NRC published a proposed rule that would 

amend its regulations related to the reporting of annual dose to workers, the definition of the

total effective dose equivalent (TEDE), the labeling of certain containers holding licensed

material, and the determination of cumulative occupational radiation dose. The proposed rule

would limit the routine reporting of annual doses to workers to those whose annual dose

exceeds a specific dose threshold or who request a report. The proposed rule also would

amend the definition of TEDE to be consistent with current Commission policy. The proposed

rule also would modify the labeling requirements for certain containers holding licensed material

within posted areas in nuclear power facilities. Finally, the proposed rule would remove the

requirement that licensees attempt to obtain cumulative exposure records for workers unless

these individuals are being authorized to receive a planned special exposure. These revisions

would reduce the administrative and information collection burdens on NRC and Agreement

State licensees without affecting the level of protection to either the health and safety of

workers and the public or the environment. 

ADVANCE NOTICES OF PROPOSED RULEMAKING

Disposal of Radioactive Material by Release Into Sanitary Sewer Systems; Withdrawal of

Advance Notice of Proposed Rulemaking - Part 20 - RIN AE90

On November 10, 2005 (70 FR 68350), the NRC published a notice withdrawing an

ANPRM (February 25, 1994; 59 FR 9146), that presented possible changes to the regulations

governing the release of radionuclides from licensed nuclear facilities into sanitary sewer
-8-

systems. Changes were proposed to account for the potential for radionuclide concentration

during some types of wastewater treatment processes. NRC is withdrawing this ANPRM

because it has determined that there are no widespread public health and safety concerns due

to potential radiation exposures associated with the handling, beneficial use, and disposal of

sewage sludge containing radioactive materials. This notice of withdrawal acknowledges public

comments sent in response to the ANPRM. 

Approaches to Risk-Informed and Performance-Based Requirements for Nuclear Power

Reactors - Parts 50 and 53 - RIN AH81

On May 4, 2006 (71 FR 26267), the NRC published an ANPRM in which the NRC is

considering modifying its approach to develop risk-informed and performance-based

requirements applicable to nuclear power reactors. The NRC is considering an approach that,

in addition to the ongoing effort to revise some specific regulations to make them risk-informed

and performance-based, would establish a comprehensive set of risk-informed and

performance-based requirements applicable for all nuclear power reactor technologies as an

alternative to current requirements. This new requirement would take advantage of operating

experience, lessons learned from the current rulemaking activities, advances in the use of riskinformed technology, and would focus NRC and industry resources on the most risk-significant

aspects of plant operations to better ensure public health and safety. The set of new alternative

requirements would be intended primarily for new power reactors, although they would be

available to existing reactor licensees.

AVAILABILITY OF DRAFT RULE LANGUAGE

None

PETITIONS FOR RULEMAKING - NOTICE OF RECEIPT

Organization of Agreement States (PRM-31-05)

On December 20, 2005 (70 FR 75423), the NRC published a notice of receipt of a

petition for rulemaking, which was filed with the Commission by the Organization of Agreement

States (OAS). The petitioner requested that the NRC amend its regulations to require specific

licensing for devices that are currently regulated by a combination of general licensing and

registration, and to revise the compatibility category for 10 CFR 31.6 from “B” to “C.” The

petitioner believes that these actions are needed to establish a higher national standard of

regulation for higher risk, generally licensed (GL) devices, and to allow retention of a tool used

by Agreement States to track the location and movement of device manufacturers and service

providers in their State. This action also addresses a request filed by the Bureau of Radiation

Control (BRC) of the Florida Department of Health for the NRC to change the compatibility

category of 10 CFR 31.5(c)(13)(I) from category “B” to category “C.” Florida BRC believes that

NRC regulations are less stringent and that assigning a compatibility category “B” will require

the State to reduce its current health, safety, and security regulatory control of GL devices. 

Peter G. Crane (PRM-35-18)

On December 21, 2005 (70 FR 75752), the NRC published a notice of receipt of a
-9-

petition for rulemaking, which was filed with the Commission by Peter G. Crane. The petitioner

requested that the NRC amend its regulation that governs medical use of byproduct material

concerning release of individuals who have been treated with radiopharmaceuticals. The

petitioner believes that this regulation is defective on legal and policy grounds. The petitioner

requests that the patient release rule be partially revoked to not allow patients to be released

from radioactive isolation with more than the equivalent of 30 millicuries of radioactive iodine 

I-131 in their bodies. 

Organization of Agreement States (PRM-34-06)

On December 28, 2005 (70 FR 76724), the NRC published a notice of receipt of a

petition for rulemaking, which was filed with the Commission by the Organization of Agreement

States. The petitioner requested that the NRC amend its regulations to require that an

individual receive at least 40 hours of radiation safety training before using sources of radiation

for industrial radiography, by clarifying the requirements for at least two individuals to be

present at a temporary job site, and by clarifying how many individuals are required to meet

surveillance requirements. The petitioner also requests that NUREG-1556, Volume 2, be

revised to reflect the performance-based changes in the proposed amendments.

William Stein III, M.D. (PRM-35-19)

On June 14, 2006 (71 FR 34285), the NRC published a notice of receipt of a petition for

rulemaking, which was filed with the Commission by William Stein III, M.D. The petitioner

requested that the Commission amend its regulations that govern medical use of byproduct

material concerning training for the parenteral administration of certain radioactive drugs used

to treat cancer. The petitioner believes that these regulations do not adequately consider the

training necessary for a class of physicians, namely medical oncologists and hematologists, to

qualify as an Authorized User (AU) physician to administer these drugs. The petitioner

requests that the regulations be clarified to codify an 80-hour training and experience

requirement as appropriate and sufficient for oncologists and hematologists to qualify as an AU

for these unsealed byproduct materials.

PETITIONS FOR RULEMAKING - DENIED

Mr. Lawrence T. Christian, et al. (PRM-50-79)

On December 19, 2005 (70 FR 75085), the NRC published a denial of petition for

rulemaking submitted by Mr. Lawrence T. Christian, et al. The petitioner requested that the

NRC amend its regulations regarding offsite State and local government emergency plans for

nuclear power plants to ensure that all daycare centers and nursery schools in the vicinity of

nuclear power facilities are properly protected in the event of a radiological emergency. The

NRC has denied this petition because current NRC requirements and NRC and FEMA guidance

provide reasonable assurance of adequate protection of all members of the public, including

children attending daycare centers and nursery schools, in the event of a nuclear power plant

incident. Many of the specific requests of the petitioner are either already covered by

regulations and/or guidance documents or are inappropriate for inclusion in NRC regulations

due to their very prescriptive nature. This notice of denial was republished on August 7, 2006

(71 FR 44593).
-10-

American National Standards Institute N43.10 Committee (PRM-36-01)

On August 18, 2006 (71 FR 47751), the NRC published a denial of petition for

rulemaking submitted by the American National Standards Institute N43.10 Committee. The

petitioner requested that the NRC amend its regulations to provide relief from the requirements

to have an operator present on site whenever an irradiator is operated using an automatic

product conveyor system and whenever product is moved into or out of the radiation room when

an irradiator is operated in a batch mode. In addition, the petitioner requested relief from the

requirement to have a person who has received training, described in the regulations, on how to

respond to alarms on site at a panoramic irradiator where static irradiations (no movement of

the product) are occurring. The NRC denied the petition for the following two reasons:

(1) In February 1993, the NRC amended its regulations to specify radiation safety

requirements and licensing requirements for the use of licensed radioactive materials in

irradiators. After the rule became effective, the NRC received numerous licensee event reports

that described failures or non-functions of source mechanisms and related systems that needed

intervention by personnel who had received training described in the regulations on how to

respond to alarms. The information reported to the NRC from 1990 to 2006 about events at

irradiator facilities indicates no reduction in the number of events or the nature of events. The

NRC determined that the data on events do not support the petitioner's request or indicate that

the requirements should be revised. Rather, the NRC continues to believe that there is a need

for individuals to be on site to evaluate and respond to these emergencies, as well as to ensure

day-to-day radiation safety.

(2) The NRC does not believe that reliance on an automated communication system to

notify a remote human operator via an electronic mechanism provides the same level of safety

as currently provided by an on site operator and/or a second individual who is trained to

respond to irradiator alarms. In addition, the NRC believes that the operator should have some

backup in case of problems. The petitioner has not provided a sufficient basis from which to

conclude that this NRC judgment is no longer correct. Specifically, no new information has 

been provided by the petitioner that would warrant revising the existing regulations. The

existing NRC regulations provide the basis for reasonable assurance that the common defense

and security and public health and safety are adequately protected. 

Terrence O. Hee, Ion Technology (PRM-40-29)

On August 31, 2006 (71 FR 51786), the NRC published a denial of petition for

rulemaking submitted by Terrence O. Hee, Ion Technology. The petitioner requested that the

NRC amend its regulations regarding unimportant quantities of source material to exempt end

users of a catalytic device containing thorium from the NRC's licensing requirements. The NRC

denied the petition because the petitioner did not submit information of sufficient scope and

depth for NRC to find that authorizing this exemption would adequately ensure protection of

public health and safety and the environment.

PETITIONS FOR RULEMAKING - PARTIAL GRANT

Union of Concerned Scientists and San Luis Obispo Mothers for Peace (PRM-50-80)

On November 17, 2005 (70 FR 69690), the NRC published a notice granting in part, a

petition for rulemaking submitted by the Union of Concerned Scientists (UCS) and San Luis

Obispo Mothers for Peace (MFP). The petitioners requested two rulemaking actions in 
-11-

PRM-50-80. First, the petitioners requested the regulations establishing conditions of licenses

and requirements for evaluating proposed changes, tests, and experiments for nuclear power

plants be revised to require licensee evaluation of whether the proposed actions cause

protection against radiological sabotage to be decreased and, if so, that the changes, tests, and

experiments only be conducted with prior NRC approval. The NRC is contemplating a

rulemaking action that would address the petitioners' request and, if issued as a final rule,

essentially grant this portion of the petition. Second, the petitioners requested that regulations

governing the licensing and operation of nuclear power plants be amended to require licensees

to evaluate facilities against specified aerial hazards and make changes to provide reasonable

assurance that the ability of the facility to reach and maintain safe shutdown will not be

compromised by such aerial hazards. The NRC is deferring resolution of the second issue of

the petition at this time. The NRC intends to address this issue when the NRC responds to

comments on its proposed Design Basis Threat rulemaking. The petitioners further requested

the Commission to suspend the Diablo Canyon Independent Spent Fuel Storage Installation 

proceeding during the NRC's consideration of PRM-50-80. That request was denied by

Commission Memorandum and Order CLI-03-04, dated May 16, 2003.