REGULATIONS AND AMENDMENTS PUT INTO EFFECT - FY 2005

Industry Codes and Standards: Amended Requirements - Part 50 - RIN AH24

On October 1, 2004 (69 FR 58804), the NRC published an amendment to its regulations

that incorporates by reference the 2001 Edition and the 2002 and 2003 Addenda of Division 1

of Section III of the American Society of Mechanical Engineers (ASME) Boiler and Pressure

Vessel Code (BPV Code); the 2001 Edition and the 2002 and 2003 Addenda of Division 1 of

Section XI of the ASME BPV Code; and the 2001 Edition and the 2002 and 2003 Addenda of

the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code) to provide

updated rules for constructing and inspecting components and testing pumps and valves in

light-water cooled nuclear power plants. This final rule, effective November 1, 2004,

incorporates by reference the latest edition and addenda of the ASME BPV and OM Codes that

have been approved for use by the NRC subject to certain limitations and modifications. The

NRC is also withdrawing its approval of Subsection NH of the 1995 through 2000 Addenda of

Section III of the ASME BPV Code. 

Criminal History Check: Assessment of Application Fee - Part 73 - RIN AH53

On October 1, 2004 (69 FR 58820), the NRC published an amendment to its regulations

to reflect an administrative change in the method of calculating the agency's application fee for

criminal history checks requested by licensees. The amendment, effective immediately, 

establishes the application fee amount as the sum of the user fee charged by the Federal

Bureau of Investigation for performing criminal history checks on fingerprint records and an

NRC handling charge assessed to ensure full recovery of NRC's administrative costs related to

fingerprint record processing. The resulting increase in the fee is $3.00. The amendment also

provides for the NRC to publish its current criminal history check fee on the NRC public Web

site. 

Adjustment of Civil Penalties for Inflation - Part 2 - RIN AH55

On October 26, 2004 (69 FR 62393), the NRC published an amendment to its

regulations, effective November 26, 2004, to adjust the maximum Civil Monetary Penalties

(CMPs) it can assess under statutes within the jurisdiction of the NRC. These changes are

mandated by Congress in the Federal Civil Penalties Inflation Adjustment Act of 1990, as

amended by the Debt Collection Improvement Act of 1996. The NRC's Rules of Practice are

amended by adjusting the maximum CMP for a violation of the Atomic Energy Act of 1954

(AEA), as amended, or any regulation or order issued under the AEA from $120,000 to

$130,000 per violation per day. 

Risk-Informed Categorization and Treatment of Structures, Systems and Components for

Nuclear Power Reactors - Part 50 - RIN AG42

On November 22, 2004 (69 FR 68008), the NRC published an amendment to its

regulations to provide an alternative approach for establishing the requirements for treatment of

structures, systems and components (SSCs) for nuclear power reactors using a risk-informed

method of categorizing SSCs according to their safety significance. The amendment, effective

December 22, 2004, revises requirements with respect to “special treatment,” that is, those

requirements that provide increased assurance (beyond normal industrial practices) that SSCs

perform their design basis functions. This amendment permits licensees (and applicants for
-2-

licenses) to remove SSCs of low safety significance from the scope of certain identified special

treatment requirements and revise requirements for SSCs of greater safety significance. In

addition to the rulemaking and its associated analyses, the Commission is also issuing a

regulatory guide to implement the rule. 

Minor Correction Amendments for FY 2004 - Parts 19, 34, 40, 55, and 60 - RIN AH58

On December 22, 2004 (69 FR 76599), the NRC published an amendment to its

regulations, effective immediately, to correct several miscellaneous errors in the NRC’s

regulations. 

Security Requirements for Portable Gauges Containing Byproduct Material - Part 30 -

RIN AH06

On January 12, 2005 (70 FR 2001), the NRC published an amendment to its regulations

governing the use of byproduct material in specifically licensed portable gauges. The final rule,

effective July 11, 2005, requires a portable gauge licensee to use a minimum of two

independent physical controls that form tangible barriers to secure portable gauges from

unauthorized removal whenever the portable gauges are not under the control and constant

surveillance of the licensee. The primary intent of this rulemaking is to increase licensees'

control of portable gauges to reduce the opportunity for unauthorized removal or theft. 

Emergency Planning and Preparedness for Production and Utilization Facilities - 

Part 50 - RIN AH00

On January 26, 2005 (70 FR 3591), the NRC published an amendment to its emergency

planning regulations, effective April 26, 2005, governing the domestic licensing of production

and utilization facilities. The final rule amends the current regulations as they relate to NRC

approval of licensee changes to Emergency Action Levels. The final rule also clarifies exercise

requirements for co-located licensees. These amendments are intended to resolve an

inconsistency and an ambiguity in current regulations. 

Medical Use of Byproduct Material - Recognition of Speciality Boards - Part 35 - 

RIN AH19

On March 30, 2005 (70 FR 16336), the NRC published an amendment to its regulations,

effective April 29, 2005, governing the medical use of byproduct material to change its

requirements for recognition of specialty boards whose certifications may be used to

demonstrate the adequacy of the training and experience of individuals to serve as radiation

safety officers, authorized medical physicists, authorized nuclear pharmacists, or authorized

users. The final rule also revises the requirements for demonstrating the adequacy of training

and experience for pathways other than the board certification pathway. This final rule grants,

in part, a petition for rulemaking submitted by the Organization of Agreement States 

(PRM-35-17).

Model Milestones for NRC Adjudicatory Proceedings - Part 2 - RIN AH71

On April 20, 2005 (70 FR 20457), the NRC published an amendment to its regulations,
-3-

effective May 20, 2005, to adopt model milestones for the conduct of NRC adjudicatory

proceedings, to require a presiding officer to refer to the model milestones as a starting point

for establishing a hearing schedule in an adjudicatory proceeding, and to manage the case in

accordance with that schedule.

Export and Import of Nuclear Equipment and Material; Exports to Syria Embargoed - 

Part 110 - RIN AH67

On May 25, 2005 (70 FR 29934), the NRC published an amendment to its regulations,

effective immediately, to remove Syria from the list of restricted destinations and add it to the

list of embargoed destinations. This amendment is necessary to conform the NRC's

regulations with U.S. law and foreign policy. 

Revision of Fee Schedules; Fee Recovery for FY 2005 - Parts 170 and 171 - RIN AH61

On May 26, 2005 (70 FR 30526), 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 25, 2005, 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) 2005, less the amounts

appropriated from the Nuclear Waste Fund. The total amount to be recovered for FY 2005 is

approximately $540.7 million. After accounting for carryover and billing adjustments, the net

amount to be recovered through fees is approximately $538 million. 

Delegation Changes - Part 10 - RIN AH69

On May 31, 2005 (70 FR 30896), the NRC published an amendment to its regulations,

effective immediately, to change the references from Deputy Executive Director for

Management Services to Deputy Executive Director for Information Services and Administration

and Chief Information Officer. The revision is necessary to reflect a recent realignment in the

Office of the Executive Director for Operations. 

Broadening Scope of Access Authorization and Facility Security Clearance Regulations -

Parts 25 and 95 - RIN AH52

On June 2, 2005 (70 FR 32224), the NRC published an amendment to its regulations,

effective July 5, 2005, to broaden the scope of the regulations applicable to persons who may

require access to classified information, to include persons who may need access in connection

with licensing and regulatory activities under the regulations that govern the disposal of highlevel radioactive waste in geologic repositories, and persons who may need access in

connection with other activities as the Commission may determine, such as vendors of

advanced reactor designs. This amendment also broadens the scope of the regulations

applicable to procedures for obtaining facility security clearances to include persons who may

need to use, process, store, reproduce, transmit, transport, or handle NRC classified

information in connection with the previously identified activities. In addition, NRC is correcting

the scope section of the regulations that govern access authorization for licensee personnel to

include certificate holders and applicants for a certificate; clarifying the definition of “license” in

the regulations that govern access authorization for licensee personnel and govern facility
-4-

security clearance to include a reference to the regulations that govern combined licenses;

correcting a typographical error in the definition of “security container” in its facility security

regulations; and updating the references to Executive Order 12958 which has been amended. 

On December 15, 2004 (69 FR 74949), the NRC published in the Federal Register a direct final

rule that would have amended NRC's regulations to broaden the scope of the regulations in 10

CFR Parts 25 and 95. The NRC concurrently published a companion proposed rule on

December 15, 2004 (69 FR 75007). Because the NRC received one significant adverse

comment in response to the proposed rule, NRC withdrew the direct final rule on February 24,

2005 (70 FR 8921). The NRC addressed the comment received on the proposed rule in this

final rule. 

List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision - Part 72 - RIN AH64

On June 7, 2005 (70 FR 32977), the NRC published an amendment to its regulations,

effective June 7, 2005, to revise the Holtec International HI-STORM 100 cask system listing

within the list of approved spent fuel storage casks to include Amendment No. 2 to Certificate of

Compliance Number 1014. Amendment No. 2 modifies the cask design to include changes to

materials used in construction, changes to the types of fuel that can be loaded, changes to

shielding and confinement methodologies and assumptions, revisions to various temperature

limits, changes in allowable fuel enrichments, and other changes to reflect current NRC staff

guidance and use of industry codes under a general license.

Public Records - Part 9 - RIN AH12

On June 14, 2005 (70 FR 34303), the NRC published an amendment to its regulations,

effective July 14, 2005, to reflect changes regarding officials who initially deny access to

records or deny access to records whose initial denial has been appealed, and to reflect a

change of an appellate official due to a reorganization. This amendment authorizes 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 NRC’s

regulations. An appeal of a denial of request for waiver or reduction of fees, or denial of a

request for expedited processing is made to the Executive Director for Operations, rather than

the Secretary of the Commission. The final rule establishes NRC procedures to give

predisclosure notification to submitters of confidential business or commercial information, and

makes a number of additional clarifying and conforming amendments.

Export and Import of Radioactive Materials: Security Policies - Part 110 - RIN AH44

On July 1, 2005 (70 FR 37985), the NRC published an amendment to its regulations,

effective December 28, 2005, pertaining to the export and import of radioactive materials. The

amendments implement recent changes to the nuclear and radioactive material security policies

of both the Commission and the Executive Branch. The final rule takes into account provisions

in the International Atomic Energy Agency (IAEA) Code of Conduct on the Safety and Security

of Radioactive Sources concerning the import and export of radioactive sources, and the

supplemental IAEA Guidance on the Import and Export of Radioactive Sources on

internationally harmonized guidance for the import and export of radioactive sources. The

amendments provide for enhanced tracking of certain exports and imports of radioactive sealed

sources and bulk material for certain radionuclides. The amended regulation includes new
-5-

specific export and import license requirements, advance notification procedures before

shipment, verification of the recipient facility's licensing status, and review of the adequacy of

the receiving country's controls on radioactive sources. The amendments apply to a small

number of radioactive materials when exported or imported in amounts exceeding clearly

defined International System limits. The amended regulation provides the Commission with

flexibility to treat each export and import license application on a case-by-case basis, with the

ability to accommodate the still evolving domestic and international security measures for

radioactive material.

Export and Import of Nuclear Equipment and Material: Nuclear Grade Graphite - 

Part 110 - RIN AH51

On July 21, 2005 (70 FR 41937), the NRC published an amendment to its regulations,

effective July 21, 2005, to remove the NRC's export licensing requirements for nuclear grade

graphite for non-nuclear end use. The purpose of this change is to remove from NRC export

licensing jurisdiction nuclear materials which are not of significance from a nuclear proliferation

perspective. The responsibility for the licensing of exports of nuclear grade graphite for nonnuclear end use will be transferred to the Department of Commerce.

Incorporation by Reference of ASME BPV Code Cases - Part 50 - RIN AH35

On September 29, 2005 (70 FR 56809), the NRC published an amendment to its

regulations, effective October 31, 2005, to incorporate by reference NRC Regulatory Guides

listing Code Cases published by the American Society of Mechanical Engineers (ASME) which

the NRC has reviewed and found to be acceptable for use. These Code Cases provide

alternatives to requirements in the ASME Boiler and Pressure Vessel Code (BPV Code)

pertaining to construction and inservice inspection of nuclear power plant components. This

action updates the incorporation by reference of two regulatory guides that address NRC review

and approval of ASME-published Code Cases. Concurrent with this action, the NRC published

a notice of the issuance and availability of the final regulatory guides. As a result of these

related actions, the Code Cases listed in these regulatory guides are incorporated by reference

into the NRC's regulations.

DIRECT FINAL RULES

Broadening Scope of Access Authorization and Facility Security Clearance Regulations -

Parts 25 and 95 - RIN AH52

On December 15, 2004 (69 FR 74949), the NRC published an amendment to its

regulations to broaden the scope of the regulations applicable to persons who may require

access to classified information, to include persons who may need access in connection with

licensing and regulatory activities under the regulations that govern the disposal of high-level

radioactive waste in geologic repositories, and persons who may need access in connection

with other activities as the Commission may determine, such as vendors of advanced reactor

designs. This amendment would also broaden the scope of the regulations applicable to

procedures for obtaining facility security clearances to include persons who may need to use,

process, store, reproduce, transmit, transport, or handle NRC classified information in
-6-

connection with the above-identified activities. In addition, NRC would correct the scope

section of the regulations that govern access authorization for licensee personnel to include

certificate holders and applicants for a certificate; clarify the definition of “license” in the

regulations that govern access authorization for licensee personnel and govern facility security

clearance to include a reference to the regulations that govern combined licenses; correct a

typographical error in the definition of “security container” in its facility security regulations; and

update the references to Executive Order 12958 which has been amended. The companion

proposed rule was concurrently published with this direct final rule on December 15, 2004 (69

FR 75007). Because a significant adverse comment was received in response to the proposed

rule, the direct final rule was withdrawn on February 24, 2005 (70 FR 8921). The NRC

addressed the comment received on the companion proposed rule in a final rule that was

published in the Federal Register on June 2, 2005 (70 FR 32224).

List of Approved Spent Fuel Storage Casks: NUHOMS®-24PT4 Revision - Part 72 - 

RIN AH63

On February 28, 2005 (70 FR 9501), the NRC published an amendment to its

regulations revising the Transnuclear, Inc., Standardized Advanced NUHOMS® System listing

within the list of approved spent fuel storage casks to include Amendment No. 1 to Certificate of

Compliance Number (CoC No.) 1029. Amendment No. 1 will add another Dry Shielded

Canister (DSC), designated NUHOMS®-24PT4, to the authorized contents of the Standardized

Advanced NUHOMS® System. Also, the regulation will be amended to correct a typographical

error that incorrectly states the expiration date of the CoC. The companion proposed rule was

published on February 28, 2005 (70 FR 9548). The confirmation of effective date was

published on May 3, 2005 (70 FR 22781). 

List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision - Part 72 - RIN AH64

On February 28, 2005 (70 FR 9504), the NRC published an amendment to its

regulations, effective May 16, 2005, revising the Holtec International HI-STORM 100 cask

system listing within the list of approved spent fuel storage casks to include Amendment No. 2

to Certificate of Compliance Number (CoC No.) 1014. Amendment No. 2 will modify the cask

design to include changes to materials used in construction, changes to the types of fuel that

can be loaded, changes to shielding and confinement methodologies and assumptions,

revisions to various temperature limits, changes in allowable fuel enrichments, and other

changes to reflect current NRC staff guidance and use of industry codes, under a general

license. The companion proposed rule was concurrently published with this direct final rule on

February 28, 2005 (70 FR 9550). Because a significant adverse comment was received in

response to the proposed rule, the direct final rule was withdrawn on May 12, 2005 (70 FR

24936).

List of Approved Spent Fuel Storage Casks: Standardized NUHOMS®-24P, -52B, -61BT, 

-32PT, -24PHB, and -24PTH Revision - Part 72 - RIN AH72

On May 25, 2005 (70 FR 29931), the NRC published an amendment to its regulations to

revise the Transnuclear, Inc., Standardized NUHOMS® System listing within the list of approved

spent fuel storage casks to include Amendment No. 8 to Certificate of Compliance Number

(CoC No.) 1004. Amendment No. 8 would have modified the cask design by adding a new
-7-

spent fuel storage and transfer system, designated the NUHOMS®-24PTH System. The

NUHOMS®-24PTH System consists of new or modified components: The -24PTH dry shielded

canister (DSC); a new -24PTH DSC basket design; a modified horizontal storage module

(HSM), designated the HSM-H; and a modified transfer cask (TC), designated the OS 197FC

TC. The NUHOMS®-24PTH System is designed to store fuel with a maximum average burnup

of up to 62 gigawatts-day/metric ton of uranium; maximum average initial enrichment of 5.0

weight percent; minimum cooling time of 3.0 years; and maximum heat load of 40.8 kilowatts

per DSC, under a general license. The companion proposed rule was published on May 25,

2005 (70 FR 30015). Because the NRC staff became aware of changes in the Technical

Specifications associated with this CoC, the direct final rule and companion proposed rule were

withdrawn on July 15, 2005 (70 FR 40879 and 70 FR 40924).

List of Approved Spent Fuel Storage Casks: VSC-24 Revision - Part 72 - RIN AH70

On June 30, 2005 (70 FR 37647), the NRC published an amendment to its regulations,

effective September 13, 2005, revising the BNG Fuel Solutions Corporation Ventilated Storage

Cask (VSC-24) System listing within the list of approved spent fuel storage casks to include

Amendment No. 5 to Certificate of Compliance Number 1007. Amendment No. 5 changes the

certificate holder’s name from Pacific Sierra Nuclear Associates to BNG Fuel Solutions

Corporation. The companion proposed rule was published on June 30, 2005 (70 FR 37714). 

The confirmation of effective date was published on August 29, 2005 (70 FR 50957).

List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 4 - Part 72 - RIN AH75

On July 25, 2005 (70 FR 42485), the NRC published an amendment to its regulations,

effective October 11, 2005, to revise the NAC International, Inc., NAC-UMS Universal Storage

System listing within the list of approved spent fuel storage casks to include Amendment No. 4

to Certificate of Compliance (CoC) Number 1015. Amendment No. 4 modifies the cask design

by replacing the specific term “zircaloy” with the more generic term “zirconium alloy”; revising

the definitions of “operable” and “site specific fuel”; revising vacuum drying pressure and time

limits; revising short-term temperature limits and completion times for the heat removal system;

clarifying the surface dose rate surveillance; adding a dissolved boron concentration option;

deleting a redundant boron concentration administrative control; adding an alternate sitespecific design basis earthquake analysis; and incorporating editorial and administrative

changes. The companion proposed rule was published on July 25, 2005 (70 FR 42513). The

confirmation of effective date was published on September 22, 2005 (70 FR 55513).

List of Approved Spent Fuel Storage Casks: Standardized NUHOMS®-32PT, -24PHB, and 

-24PTH; Revision 8 - Part 72 - RIN AH77

On September 20, 2005 (70 FR 55023), the NRC published an amendment to its

regulations, effective December 5, 2005, to revise the Transnuclear, Inc., Standardized

NUHOMS® System listing within the list of approved spent fuel storage casks to include

Amendment No. 8 to Certificate of Compliance Number (CoC) 1004. Amendment No. 8 adds a

new spent fuel storage and transfer system, designated the NUHOMS®-24PTH System, and

modifies the NUHOMS®-32PT and -24PHB dry shielded canister designs. The companion

proposed rule was published on September 20, 2005 (70 FR 55036).
-8-

REGULATIONS AND AMENDMENTS PROPOSED

Packaging and Transportation of Radioactive Material; Withdrawal of Subpart I - Part 71 - 

RIN AG71

On January 4, 2005 (70 FR 312), the NRC published a proposed amendment to its

regulations that would withdraw a portion of a proposed rule (Subpart I, April 30, 2002; 67 FR

21390) that would have allowed certificate holders for dual-purpose (storage and transport)

spent fuel casks, designated as Type B(DP) packages, to make certain design changes to the

transportation package without prior NRC approval. The NRC is taking this action because it

has received significant comments regarding the cost and complexity to implement the

proposed change authority rule. 

Protection of Safeguards Information - Parts 2, 30, 40, 50, 52, 60, 63, 70, 71, 72, 73, 76,

and 150 - RIN AH57

On February 11, 2005 (70 FR 7196), the NRC published a proposed amendment to its

regulations that would protect Safeguards Information from inadvertent release and

unauthorized disclosure which might compromise the security of nuclear facilities and materials. 

The proposed amendments are consistent with recent Commission practices reflected in orders

and threat advisories issued since September 11, 2001. The proposed amendments would

affect certain licensees, information, and materials not currently specified in the regulations but

which are within the scope of Commission authority under the Atomic Energy Act of 1954, as

amended. 

Revision of Fee Schedules; Fee Recovery for FY 2005 - Parts 170 and 171 - RIN AH61

On February 22, 2005 (70 FR 8678), the NRC published a proposed amendment to its

regulations 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) 2005, less the

amounts appropriated from the Nuclear Waste Fund. The total amount to be recovered for FY

2005 is approximately $540.7 million. After accounting for carryover and billing adjustments,

the net amount to be recovered through fees is approximately $538 million. 

Fire Protection Program - Post-Fire Operator Manual Actions Draft Regulatory Guide;

Issuance, Availability - Part 50 - RIN AH54

On March 7, 2005 (70 FR 10901), the NRC published a proposed amendment to its fire

protection regulations for nuclear power facilities operating prior to January 1, 1979. The

amendment would allow nuclear power plant licensees to use manual actions by plant

operators as an alternative method to achieve hot shutdown conditions in the event of fires in

certain plant areas, provided that the actions are evaluated against specified criteria and

determined to be acceptable and that fire detectors and an automatic fire suppression system

are provided in the fire area. This rule also requested comments on a draft regulatory guide to

support this proposed rulemaking, “Demonstrating the Feasibility and Reliability of Operator

Manual Actions in Response to Fire,” DG-1136. 
-9-

AP1000 Design Certification - Part 52 - RIN AH56

On April 18, 2005 (70 FR 20062), the NRC published a proposed amendment to its

regulations that would certify the AP1000 standard plant design. This action is necessary so

that applicants or licensees intending to construct and operate and AP1000 design may do so

by referencing the AP1000 design certification rule. This amendment also requested public

comment on the environmental assessment for the APP1000 design.

National Source Tracking of Sealed Sources - Parts 20, 32, and 150 - RIN AH48

On July 28, 2005 (70 FR 43646), the NRC published a proposed amendment to its

regulations that would implement a National Source Tracking System for certain sealed

sources. The proposed amendments would require licensees to report certain transactions

involving these sealed sources to the National Source Tracking System. These transactions

would include manufacture, transfer, receipt, or disposal of the nationally tracked source. The

proposed amendment also would require each licensee to provide its initial inventory of

nationally tracked sources to the National Source Tracking System and annually verify and

reconcile the information in the system with the licensee's actual inventory. In addition, the

proposed amendment would require manufacturers to assign a unique serial number to each

nationally tracked source. 

Implementation of a Dose Standard After 10,000 Years - Part 63 - RIN AH68

On September 8, 2005 (70 FR 53313), the NRC published a proposed amendment to its

regulations governing the disposal of high-level radioactive wastes in a proposed geologic

repository at Yucca Mountain, Nevada. The proposed rule would implement the U.S.

Environmental Protection Agency’s (EPA’s) proposed standards for doses that could occur after

10,000 years but within the period of geologic stability. The proposed rule also specifies a

value to be used to represent climate change after 10,000 years, as called for by EPA, and

specifies that calculations of radiation doses for workers use the same weighting factors that

EPA is proposing for calculating individual doses to members of the public.

ADVANCE NOTICES OF PROPOSED RULEMAKING

None

AVAILABILITY OF DRAFT RULE LANGUAGE

Protection of Safeguards Information - Parts 2, 30, 40, 50, 52, 63, 70, 72, 73, 76, and 150 -

RIN AH57

On November 16, 2004 (69 FR 67070), the NRC published draft rule language to

provide for further protection of Safeguards Information (SGI). The NRC is proposing to amend

its regulations in part 73 for the protection of SGI to be consistent with recent Commission

practices reflected in Orders and Threat Advisories issued since September 11, 2001, and to

provide the flexibility afforded the Commission for the protection of such information by the
-10-

Atomic Energy Act of 1954, as amended (AEA). The proposed amendments would affect

licensees, information, and materials not currently specified in the regulations, but are within the

scope of the AEA. The proposed amendments are intended to protect SGI from inadvertent

release and unauthorized disclosure which might compromise the security of nuclear facilities

and materials.

Regulations for the Safe Transport of Radioactive Material; Solicitation of Comments on

Proposed Changes - Part 71

On April 27, 2005 (70 FR 21684), the NRC and the U.S. Department of Transportation

(DOT) jointly published draft rule language on proposed changes to the International Atomic

Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material (referred to

as TS-R-1). The proposed changes were submitted by the U.S. and other IAEA member states

and International Organizations, and might necessitate subsequent domestic compatibility

rulemakings by both the NRC and DOT.

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, and 170 - RIN AG24

On September 6, 2005 (70 FR 52942), the NRC published a notice of availability of the

draft wording of a proposed amendment of its regulations. The proposal would amend 10 CFR

Part 52, “Early Site Permits; Standard Design Certifications; and Combined Licenses for

Nuclear Power Plants,” and associated regulations based on experience gained from early site

permit (ESP) and design certification reviews and discussions with stakeholders on the ESP

and combined license (COL) processes. The changes should improve the effectiveness and

efficiency of the licensing processes for future applicants. 

PETITIONS FOR RULEMAKING - NOTICE OF RECEIPT

Stanley Fitch, Organization of Agreement States - PRM-35-17

On October 28, 2004 (69 FR 62831), the NRC published a notice of receipt of a petition

for rulemaking, dated September 3, 2004, which was filed with the Commission by Stanley Fitch

on behalf of the Organization of Agreement States (OAS). The petition was docketed by the

NRC on October 1, 2004. The petitioner requested that the NRC amend its regulations to

specify the minimum number of didactic (classroom and laboratory) training hours required to

meet the requirement for training and experience to qualify as an authorized nuclear pharmacist

and an authorized user identified in the NRC's regulations on training for uptake, dilution, and

excretion studies; imaging and localization studies; and use of unsealed byproduct material for

which a written directive is required. This notice of receipt was published for information only,

not for public comment.

Committee to Bridge the Gap - PRM-73-12

On November 8, 2004 (69 FR 64690), the NRC published for public comment a notice

of receipt of a petition for rulemaking, dated July 23, 2004, which was filed with the Commission

by Daniel Hirsch, President, Committee to Bridge the Gap (CBG). The petition was docketed
-11-

by the NRC on September 29, 2004. The petitioner requested that the NRC amend its

regulations to upgrade the “design basis threat” regulations (DBT) (or the magnitude of threat

that the facility's security systems must be capable of defeating) and associated requirements

for protection of domestic reactors from nuclear terrorism to a level that encompasses, with a

sufficient margin of safety, the terrorist capabilities evidenced by the attacks of September 11,

2001. 

James Salsman - PRM-20-26

On June 15, 2005 (70 FR 34699), the NRC published for public comment a notice of

receipt of a petition for rulemaking, dated May 6, 2005, which was filed with the Commission by

James Salsman. The petition was docketed by the NRC on May 13, 2005. The petitioner

requested that the NRC amend its regulations to modify exposure and environmental limits of

heavy metal radionuclides. 

Andrew J. Spano, County of Westchester, NY - PRM-54-02

On June 15, 2005 (70 FR 34700), the NRC published for public comment a notice of

receipt of a petition for rulemaking, dated May 10, 2005, which was filed with the Commission

by Andrew J. Spano, County Executive, Westchester County, New York. The petition was

docketed by the NRC on May 13, 2005. The petitioner requested that the NRC amend its

regulations to provide that a renewed license will be issued only if the plant operator

demonstrates that the plant meets all criteria and requirements that would be applicable if the

plant was being proposed de novo for initial construction.

State of Nevada - PRM-51-09

On August 12, 2005 (70 FR 47148), the NRC published for public comment a notice of

receipt of a petition for rulemaking, dated April 8, 2005, which was filed with the Commission by

the State of Nevada. The petition was docketed by the NRC on April 25, 2005. The petitioner

requested that the NRC amend its regulations that govern adoption of an environmental impact

statement prepared by the Secretary of Energy in proceedings for issuance of a construction

authorization or materials license with respect to a geological repository. The petitioner

believes that the current regulation, as written, violates the National Environmental Policy Act of

1969, as amended (NEPA), the Nuclear Waste Policy Act of 1982, as amended (NWPA), and a

recent court of appeals decision. 

Joseph Scarpelli, Mayor of Brick Township, NJ - PRM-54-03

On September 14, 2005 (70 FR 54310), the NRC published for public comment a notice

of receipt of petition for rulemaking, dated July 20, 2005, which was filed with the Commission

by Michele R. Donato, Esquire, on behalf of Mayor Joseph Scarpelli of Brick Township, NJ. 

The petition was docketed by the NRC on July 25, 2005. The petitioner requested that the

NRC amend its regulations to provide that a renewed license will be issued only if the plant

operator demonstrates that the plant meets all criteria and requirements that would be

applicable if the plant was being proposed de novo for initial construction. 
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PETITIONS FOR RULEMAKING - DENIED

Donald A. Barbour, Philotechnics - PRM-40-28

On January 12, 2005 (70 FR 2053), the NRC published a denial of petition for

rulemaking submitted by Donald A. Barbour, Philotechnics. The petitioner requested that the

NRC amend its regulations governing the domestic licensing of source material to provide

clarity regarding the effective control of depleted uranium aircraft counterweights held under the

exemption in 10 CFR 40.13(c)(5). The NRC denied the petition because it has determined that

current NRC regulations provide adequate clarity and effectively address the petitioner’s

concerns.

Sander C. Perle, ICN Worldwide Dosimetry - PRM-20-25

On January 14, 2005 (70 FR 2577), the NRC published a denial of a petition for

rulemaking submitted by Sander C. Perle, ICN Worldwide Dosimetry (now Global Dosimetry

Solutions, Inc.). The petitioner requested that the NRC amend its regulations to require that any

dosimeter, without exception, that is used to report dose of record and demonstrate compliance

with the dose limits specified in the Commission's regulations be processed and evaluated by a

dosimetry processor holding accreditation from the National Voluntary Laboratory Accreditation

Program (NVLAP) of the National Institute of Standards and Technology; the definition of

“Individual monitoring devices” (individual monitoring equipment) be revised to mean any device

used by licensees to show compliance with the Commission's regulations; and “electronic

dosimeters and optically stimulated dosimeters” be added as additional examples of individual

monitoring devices. The NRC denied the petition because it has determined that the current

NRC regulations are adequate to protect worker and public health and safety. The NRC

believes there is insufficient evidence that the petition solves a regulatory problem or improves

health and safety.

Northeast Ohio Regional Sewer District - PRM-20-22

On January 27, 2005 (70 FR 3898), the NRC published a denial of a petition for

rulemaking submitted by the Northeast Ohio Regional Sewer District. The petitioner requested

that NRC amend its regulations to require all licensees to provide no less than 24 hours

advance notice to the appropriate sewage treatment plant before releasing radioactive material

into a sanitary sewer system, and to exempt radioactive materials that enter the sanitary waste

stream from the requirements regarding NRC approval for incineration. The NRC denied the

petition because it has determined that current NRC regulations for discharge of licensed

material into sanitary sewer systems are adequate and that current regulations for NRC

approval for treatment or disposal of licensed material by incineration are necessary to ensure

the protection of public health and safety and the environment. 

State of Nevada - PRM-51-08

On August 17, 2005 (70 FR 48329), the NRC published a denial of a petition for

rulemaking submitted by the State of Nevada. The petitioner requested that the NRC amend a

decision reached in a 1990 rulemaking, referred to as the “Waste Confidence” decision, that at

least one mined geologic repository will be available within the first quarter of the twenty-first
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century as well as a regulation making a generic determination of no significant environmental

impact from the temporary storage of spent fuel after cessation of reactor operation which

incorporates this decision. The petitioner stated that the decision and rule must be amended to

avoid “prejudging” the outcome of the anticipated licensing proceeding on a potential

application from the Department of Energy for a construction authorization for a geologic

repository at the Yucca Mountain, Nevada, site. The NRC is denying the petition because the

petition fundamentally misconstrues the decision NRC reached in 1990 and because the

information provided in the petition does not meet the criteria NRC set in 1999 for reopening the

Waste Confidence findings. Further, the Commission's commitment to a fair and

comprehensive adjudication on a potential license application for Yucca Mountain is not

jeopardized by the 2025 date for repository availability. Under these circumstances, the

Commission finds no reason to undertake the burden of reopening the Waste Confidence

decision.

Robert H. Leyse - PRM-50-76

On September 6, 2005 (70 FR 52893), the NRC published a denial of a petition for

rulemaking submitted by Mr. Robert H. Leyse. The petitioner requested that the NRC's

regulations concerning the specified evaluation models for emergency core cooling systems

(ECCS) and associated guidance documents be amended. The petitioner asserted that

amendments are necessary to correct technical deficiencies in the correlations and data used

for calculation of metal-water oxidation. The petitioner stated that the correlations and data do

not consider the complex thermal-hydraulic conditions present during a loss-of-coolant accident

(LOCA), including the potential for very high fluid temperature. The NRC denied the petition

because none of the specific technical issues raised by the petitioner have shown safetysignificant deficiencies in the research, calculation methods, or data used to support ECCS

performance evaluations. NRC's technical safety analysis demonstrates that current

procedures for evaluating ECCS performance are based on sound science and that no

amendments to the NRC's regulations and guidance documents are necessary.