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REGULATIONS AND AMENDMENTS PUT INTO EFFECT - FY 2004

Financial Assurance for Materials Licensees - Parts 30, 40, and 70 - RIN AG85 

On October 3, 2003 (68 FR 57327), the NRC published an amendment to its regulations

to bring the amount of financial assurance required more in line with current decommissioning

costs. The final rule is necessary to ensure that licensees maintain adequate financial

assurance so that timely decommissioning can be carried out following shutdown of a licensed

facility. The final rule is effective December 2, 2003.

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

-32PT, and -24PHB Revision 6 - Part 72 - RIN AH27

On October 7, 2003 (68 FR 57785), the NRC published an amendment to its regulations

revising the Transnuclear, Inc., Standardized NUHOMS® Horizontal Modular Storage System

(Standardized NUHOMS® System) listing within the list of approved spent fuel storage casks to

include Amendment No. 6 in Certificate of Compliance (CoC) Number 1004. Amendment No. 6

will add the NUHOMS®-24PHB cask design to the Standardized NUHOMS® System. The

NUHOMS®-24PHB cask will permit a part 72 licensee to store high burnup Babcock & Wilcox

15x15 spent fuel assemblies with an average burnup of up to 55,000 megawatt-days/metric ton

of uranium, enrichment equal to 4.5 weight percent uranium-235, a maximum decay heat load

of 1.3 kilowatt (kW) per assembly, and a maximum heat load of 24 kW per cask, under a

general license. The final rule is effective December 22, 2003. The companion proposed rule

was published on October 7, 2003 (68 FR 57839). The notice of confirmation of the effective

date was published on December 17, 2003 (68 FR 70121). 

Electronic Maintenance and Submission of Information - 10 CFR Chapter I - RIN AH33

On October 10, 2003 (68 FR 58792), the NRC published an amendment to its

regulations to clarify when and how licensees and other members of the public may use

electronic means such as CD-ROM and e-mail to communicate with the agency. These

amendments are necessary to implement the Government Paperwork Elimination Act. The final

rule is effective January 1, 2004. 

Assessment of Access Authorization Fees - Parts 11 and 25 - RIN AH30

On November 5, 2003 (68 FR 62509), the NRC published an amendment to its

regulations to change the way the NRC assesses access authorization fees. The NRC is

replacing its set fee schedules for special nuclear material access authorization and national

security information or restricted data access authorization with a formula for calculating fees

based on current Office of Personnel Management (OPM) billing rates for personnel

background investigations. The new formula is designed to recover the full cost of processing a

request for access authorization from the licensee. The use of a fee assessment formula tied to

current OPM billing rates will eliminate the need for the NRC to update its access authorization

fee schedules through regular rulemakings. The final rule is effective November 5, 2003. 
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Minor Changes to Decommissioning Trust Fund Provisions - Part 50 - RIN AH32

On November 20, 2003 (68 FR 65386), the NRC published an amendment to its

regulations related to decommissioning trust fund provisions to correct typographical errors and

make minor changes to a final rule issued by the NRC in December 2002. This action adds

clarifying language to amendments regarding notification requirements, investment prohibitions,

and the option for licensees to retain their existing license conditions. The final rule is effective

December 24, 2003. The companion proposed rule was published on November 20, 2003 (68

FR 65415). The confirmation of effective date was published on February 4, 2004 (69 FR

5267). 

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

-32PT, and -24PHB Revision 7 - Part 72 - RIN AH28

On December 18, 2003 (68 FR 70423), the NRC published an amendment to its

regulations revising the Transnuclear, Inc., Standardized NUHOMS® Horizontal Modular

Storage System (Standardized NUHOMS® System) listing within the list of approved spent fuel

storage casks to include Amendment No. 7 in Certificate of Compliance (CoC) Number 1004.

Amendment No. 7 will incorporate changes in support of the Amergen Corporation plans to load

damaged fuel and additional fuel types at its Oyster Creek Nuclear Station. Specifically, the

amendment will add damaged Boiling Water Reactor spent fuel assemblies and additional fuel

types to the authorized contents of the NUHOMS®-61BT Dry Shielded Canister under a general

license. In addition, the amendment includes three minor changes to the Technical

Specifications to correct inconsistencies and remove irrelevant references. The final rule is

effective March 2, 2004. The companion proposed rule was published on December 18, 2003

(68 FR 70463). The notice of confirmation of effective date was published on February 27,

2004 (69 FR 9199). 

Minor Correction Amendments - Parts 1, 4, 19, 35, 39, 40, and 50 - RIN AH34

On December 31, 2003 (68 FR 75388), the NRC published an amendment to its

regulations to correct several miscellaneous errors in the Code of Federal Regulations. This

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

The final rule is effective December 31, 2003.

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

-32PT, and -24PHB, and -32PT, Revision 5 - Part 72 - RIN AH36

On January 7, 2004 (69 FR 849), the NRC published an amendment to its regulations to

revise the Transnuclear, Inc. (TN) Standardized NUHOMS®-24P, -52B, -61BT, and -24PHB

cask system listing within the list of approved spent fuel storage casks to include Amendment

No. 5 to Certificate of Compliance Number 1004. Amendment No. 5 adds another dry shielded

canister, designated NUHOMS®-32PT DSC, to the authorized contents of the Standardized

NUHOMS®-24P, -52B, -61BT, and -24PHB cask system. This canister is designed to

accommodate 32 pressurized water reactor assemblies with or without Burnable Poison Rod

Assemblies. It is designed for use with the existing NUHOMS® Horizontal Storage Module and

NUHOMS® Transfer Cask under a general license. The final rule is effective January 7, 2004. 
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Changes to Adjudicatory Process - Parts 1, 2, 50, 51, 52, 54, 60, 63, 70, 72, 73, 75, 76, and

110 - RIN AG49

On January 14, 2004 (69 FR 2182), the NRC published an amendment to its regulations

concerning its rules of practice to make the NRC's hearing process more effective and efficient.

The final rule will fashion hearing procedures that are tailored to the differing types of licensing

and regulatory activities the NRC conducts and will better focus the limited resources of

involved parties and the NRC. The final rule is effective February 13, 2004.

List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 3 - Part 72 - RIN AH25

On January 16, 2004 (69 FR 2497), the NRC published an amendment to its regulations

revising the NAC International, Inc., NAC-UMS cask system listing within the list of approved

spent fuel storage casks to include Amendment No. 3 to Certificate of Compliance Number

1015. Amendment No. 3 modifies the present cask system design to add an alternate poison

material, revise the structural analysis, revise the thermal analyses, revise fuel assembly weight

and dimensions, and revise allowable fuel cladding temperature. The amendment also revises

the criticality analyses and reorganizes the Safety Analysis Report Criticality Section, revises

Technical Specification A.5.5 to remove the effluent reporting requirements, and makes several

editorial and administrative changes. The final rule is effective March 31, 2004. The companion

proposed rule was published on January 16, 2004 (69 FR 2528). The confirmation of effective

date was published in the Federal Register on March 31, 2004 (69 FR 16769).

Compatibility With IAEA Transportation Safety Standards (TS-R-1) and Other

Transportation Safety Amendments - Part 71 - RIN AG71

On January 26, 2004 (69 FR 3698), the NRC published an amendment to its regulations 

on packaging and transporting radioactive material. This rulemaking makes the regulations

compatible with the latest version of the International Atomic Energy Agency (IAEA) standards

and codify other applicable requirements. This final rule also makes changes in fissile material

exemption requirements to address the unintended economic impact of NRC's emergency final

rule entitled “Fissile Material Shipments and Exemptions” (February 10, 1997; 62 FR 5907).

Lastly, this rule addresses a petition for rulemaking submitted by International Energy

Consultants, Inc. The final rule is effective October 1, 2004. Portions of §§ 71.19 and 71.20

expire on October 1, 2008. 

Financial Information Requirements for Applications To Renew or Extend the Term of an

Operating License for a Power Reactor - Part 50 - RIN AG84

On January 30, 2004 (69 FR 4439), the NRC published an amendment to its regulations

to remove the requirement that non-electric utility power reactor licensees submit financial

qualifications information in their license renewal applications, and to add a new requirement

that electric utility licensees of nuclear power reactors who become non-electric utility entities

without a license transfer must notify the NRC and submit information on their financial

qualifications. The final rule will reduce unnecessary regulatory burden on licensees seeking

renewal of operating licenses and ensure that licensees that become non-electric utility entities

continue to be financially qualified to operate their facilities and maintain the public health and

safety. The final rule is effective March 1, 2004. 
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Revision of Fee Schedules; Fee Recovery for FY 2004 - Parts 170 and 171 - RIN AH37

On April 26, 2004 (69 FR 22664), the NRC published an amendment to its licensing,

inspection, and annual fees charged to its applicants and licensees. The amendments are

necessary to implement the Omnibus Budget Reconciliation Act of 1990 (OBRA-90), as

amended, which requires that the NRC recover approximately 92 percent of its budget authority

in fiscal year (FY) 2004, less the amounts appropriated from the Nuclear Waste Fund. The

amount to be recovered for FY 2004 is approximately $545.3 million. The final rule is effective

June 25, 2004.

Licensing Proceeding for a High-Level Radioactive Waste Geologic Repository;

Licensing Support Network, Submissions to the Electronic Docket - Part 2 - AH31

On June 14, 2004 (69 FR 32836), the NRC published an amendment to its regulations

to establish the basic requirements and standards for the submission of adjudicatory materials

to the electronic hearing docket by parties to the high-level radioactive waste licensing

proceeding. The amendments also address the issue of reducing the unnecessary loading of

duplicate documents on individual participant Licensing Support Network (LSN) document

collection servers (Web sites); the continuing obligation of LSN participants to update their

documentary material after the initial certification; the Secretary of the Commission's

determination that the DOE license application is electronically accessible; and the provisions

on material that may be excluded from the LSN. The final rule is effective July 14, 2004.

Voluntary Fire Protection Requirements for Light Water Reactors; Adoption of NFPA 805

as a Risk-Informed, Performance-Based Alternative - Part 50 - RIN AG48

On June 16, 2004 (69 FR 33536), the NRC published an amendment to its fire

protection requirements for nuclear power reactor licensees to permit existing reactor licensees

to voluntarily adopt fire protection requirements contained in the National Fire Protection

Association Standard 805, “Performance-Based Standard for Fire Protection for Light Water

Reactor Electric Generating Plants, 2001 Edition” (NFPA 805). These fire protection

requirements are an alternative to the existing deterministic, prescriptive fire protection

requirements. The final rule is effective July 16, 2004.

List of Approved Spent Fuel Storage Casks: NAC-MPC Revision - Part 72 - AH50

On August 13, 2004 (69 FR 50053), the NRC published an amendment to its regulations

to revise the NAC International, Inc., NAC-MPC cask system listing, within the list of approved

spent fuel storage casks, to include Amendment No. 4 to Certificate of Compliance Number

1025. Amendment No. 4 will modify the present cask system design to incorporate vacuum

drying enhancements under a general license. Specifically, the amendment will increase

vacuum drying time limits, delete canister removal from concrete cask requirements, revise

surface contamination removal time limits, and revise allowable contents fuel assembly limits. 

The direct final rule is effective October 27, 2004. The companion proposed rule was published

on August 13, 2004 (69 FR 50089).
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Medical Use of Byproduct Material Minor Amendments: Extending Expiration Date for 

Subpart J - Part 35 - AH47

On September 16, 2004 (69 FR 55736), the NRC published an amendment to its

regulations governing the medical use of byproduct material to extend the expiration date for

training and experience requirements that will be superseded (Subpart J) for 1 year, from

October 24, 2004, to October 24, 2005. The rulemaking is necessary to allow sufficient time for

implementation of the final rule that amends the training and experience requirements,

including new requirements for recognition of specialty board certifications. The final rule is

effective October 22, 2004.

REGULATIONS AND AMENDMENTS PROPOSED

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

-32PT, and -24PHB Revision 6 - Part 72 - RIN AH27

On October 7, 2003 (68 FR 57839), the NRC published an amendment to its regulations

revising the Transnuclear, Inc., Standardized NUHOMS® Horizontal Modular Storage System

(Standardized NUHOMS® System) listing within the list of approved spent fuel storage casks to

include Amendment No. 6 in Certificate of Compliance Number 1004. Amendment No. 6 will

add the NUHOMS®-24PHB cask design to the Standardized NUHOMS® System. The

NUHOMS®-24PHB cask design will permit a part 72 licensee to store high burnup Babcock &

Wilcox 15x15 spent fuel assemblies with an average burnup of up to 55,000 megawattdays/metric ton of uranium, enrichment equal to 4.5 weight percent uranium-235, a maximum

decay heat load of 1.3 kilowatt (kW) per assembly, and a maximum heat load of 24 kW per

cask, under a general license. The companion direct final rule was published on October 7,

2003 (68 FR 57785). 

Minor Changes to Decommissioning Trust Fund Provisions - Part 50 - RIN AH32

On November 20, 2003 (68 FR 65415), the NRC published an amendment to its

regulations that would correct typographical errors and make minor changes to a final rule

issued by the NRC in December 2002. This action would add clarifying language to

amendments regarding notification requirements, investment prohibitions, and the option for

licensees to retain their existing license conditions. The companion direct final rule was

published on November 20, 2003 (68 FR 65386). 

Licensing Proceeding for the Receipt of High-Level Radioactive Waste at a Geologic

Repository: Licensing Support Network, Submissions to the Electronic Docket - Part 2 -

RIN AH31

On November 26, 2003 (68 FR 66372), the NRC published an amendment to its

regulations that would establish the basic requirements and standards for the submission of

adjudicatory materials to the electronic hearing docket by parties to the high-level radioactive

waste licensing proceeding. The proposed amendments would also address the issue of

reducing the unnecessary loading of duplicate documents on individual participant Licensing

Support Network (LSN) document collection servers; the continuing obligation of LSN
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participants to update their documentary material after the initial certification; the Secretary of

the Commission's determination that the DOE license application is electronically accessible;

and the provisions on material that may be excluded from the LSN. 

Medical Use of Byproduct Material - Recognition of Specialty Boards - Part 35 - RIN AH19

On December 9, 2003 (68 FR 68549), the NRC published an amendment to its

regulations that would 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 proposed rule would also revise the requirements

for demonstrating the adequacy of training and experience for pathways other than the board

certification pathway. 

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

-32PT, and -24PHB Revision 7 - Part 72 - RIN AH28

On December 18, 2003 (68 FR 70463), the NRC published an amendment to its

regulations that would revise the Transnuclear, Inc., Standardized NUHOMS® Horizontal

Modular Storage System (Standardized NUHOMS® System) listing within the list of approved

spent fuel storage casks to include Amendment No. 7 in Certificate of Compliance Number

1004. Amendment No. 7 would incorporate changes in support of the Amergen Corporation

plans to load damaged fuel and additional fuel types at its Oyster Creek Nuclear Station.

Specifically, the amendment would add damaged Boiling Water Reactor spent fuel assemblies

and additional fuel types to the authorized contents of the NUHOMS®-61BT Dry Shielded

Canister under a general license. In addition, the amendment includes three minor changes to

the Technical Specifications to correct inconsistencies and remove irrelevant references. The

companion direct final rule was published on December 18, 2003 (68 FR 70423).

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

On January 7, 2004 (69 FR 879), the NRC published an amendment to its regulations

that would incorporate 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 rules 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. 

List of Approved Spent Fuel Storage Casks: NAC-UMS Revision 3 - Part 72 - RIN AH25

On January 16, 2004 (69 FR 2528), the NRC published an amendment to its regulations

that would revise the NAC International, Inc., NAC-UMS cask system listing within the list of

approved spent fuel storage casks to include Amendment No. 3 to Certificate of Compliance

Number 1015. The companion direct final rule was published on January 16, 2004 (69 FR

2497).
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Revision of Fee Schedules; Fee Recovery for FY 2004 - Parts 170 and 171 - RIN AH37

On February 2, 2004 (69 FR 4865), the NRC published an 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 92 percent of its budget authority in fiscal year (FY) 2004, less the amounts

appropriated from the Nuclear Waste Fund (NWF). The amount to be recovered for FY 2004 is

approximately $545.6 million. 

Public Records - Part 9 - AH12

On April 27, 2004 (69 FR 22737), the NRC published an amendment to its regulations

that would 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 would have the Executive Assistant

to the Secretary of the Commission, rather than the Assistant Secretary, make the initial

determination to deny NRC records in whole or in part under the Commission's regulations. An

appeal of a denial of request for 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. The proposed rule would establish NRC procedures to give

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

would make a number of additional clarifying and conforming amendments. 

Incorporation by Reference of American Society of Mechanical Engineers Boiler and

Pressure Vessel Code Cases - Part 50 - AH35

On August 3, 2004 (69 FR 46452), the NRC published an amendment to its regulations

that would incorporate by reference the latest revisions of two previously incorporated

regulatory guides (RGs) which address NRC review and approval of Code cases published by

the American Society of Mechanical Engineers (ASME).

List of Approved Spent Fuel Storage Casks: NAC-MPC Revision 4 - Part 72 - AH50

On August 13, 2004 (69 FR 50089), the NRC published an amendment to its regulations

that would revise the NAC International, Inc., NAC-MPC cask system listing, within the list of

approved spent fuel storage casks, to include Amendment No. 4 to Certificate of Compliance 

Number 1025. Amendment No. 4 would modify the present cask system design to incorporate

vacuum drying enhancements under a general license. Specifically, the amendment would

increase vacuum drying time limits, delete canister removal from concrete cask requirements,

revise surface contamination removal time limits, and revise allowable contents fuel assembly

limits. The companion direct final rule was published on August 13, 2004 (69 FR 50053).

Export and Import of Nuclear Equipment and Radioactive Materials: Security Policies - 

Part 110 - AH44

On September 16, 2004 (69 FR 55785), the NRC published an amendment to its

regulations that would require a specific license for the import and export of high-risk
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radioactive material. This proposed rule is intended to reflect changes to the nuclear and

radioactive material security policies of the Commission and the Executive Branch for the

import and export of radioactive material.

ADVANCE NOTICES OF PROPOSED RULEMAKING

None

AVAILABILITY OF DRAFT RULE LANGUAGE

Collection, Reporting, or Posting of Information - Parts 19, 20, and 50

On February 24, 2004 (69 FR 8350), the NRC published the draft wording of possible

changes to its regulations. The changes under consideration would clarify or revise the

regulations to reduce unnecessary regulatory burden associated with the collecting, reporting,

and posting of information. The draft rule language was published to inform stakeholders of the

NRC staff's consideration of possible changes to its regulations, and to solicit comments on the

staff's direction and draft language. 

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

AH29

On August 2, 2004 (69 FR 46110), the NRC published draft rule language concerning

emergency core cooling systems (ECCS) for light-water nuclear power reactors. The amended

regulations would permit power reactor licensees to implement voluntary risk-informed

alternative to the current requirements for analysis of loss-of-coolant accidents and for ECCS in

10 CFR 50.46. The draft rule language was published to inform stakeholders of the current

status of the NRC’s activities to risk-inform 10 CFR 50.46.