Fiscal Year 2012 Rulemaking Activities Report 

Introduction

This report provides a summary of the U.S. Nuclear Regulatory Commission’s (NRC) 

rulemaking actions published in the Federal Register during Fiscal Year (FY) 2012. Included in 

this report are summaries of documents: (1) containing regulatory text; (2) imposing 

requirements with general applicability and legal effect; (3) concerning a rulemaking proceeding; 

or (4) announcing an enhanced public participation initiative related to a rulemaking. Also 

included are descriptions of agency actions on petitions for rulemaking. 

Table of Contents

I. Final Rules 

II. Direct Final Rules 

III. Proposed Rules 

IV. Advance Notices of Proposed Rulemaking 

V. Availability of Draft Rule Language 

VI. Policy Statements 

VII. Memorandum of Understanding 

VIII. Petitions for Rulemaking 

a. Notices of Receipt 

b. PRMs Denied 

c. PRMs Considered in the Rulemaking Process 

d. PRMs Closed through the Rulemaking Process 

e. PRMs Withdrawn by the Petitioner 

I. FINAL RULES 

Regulatory Changes to Implement the United States/Australian Agreement for Peaceful

Nuclear Cooperation; 10 CFR Part 40 (RIN 3150-AI95; NRC-2011-0072)

On November 8, 2011, the NRC published a final rule in the Federal Register (76 FR 69120), 

effective November 8, 2011, amending its regulations to implement the 2010 “Agreement 

between the Government of Australia and the Government of the United States of America 

Concerning Peaceful Uses of Nuclear Energy.” This Agreement prohibits the United States from 

using Australian-obligated nuclear material to produce tritium for use in a nuclear explosive 

device or for any other “military purpose.” The amendments in this final rule help enable the 

U.S. Government to meet its Agreement obligations with the Government of Australia. A 

correction to this final rule was published on December 20, 2011 (76 FR 78805), to relocate a 

new section added in the final rule and to make a related conforming change. 

Miscellaneous Administrative Changes; 10 CFR Parts 1, 9, 19, 20, 30, 35, 40, 52, 55, 60, 61, 

70, 73, 110, 170, and 171 (RIN 3150-AJ01; NRC-2011-0169)

On November 22, 2011, the NRC published a final rule in the Federal Register (76 FR 72082), 

effective December 22, 2011, amending its regulations to make miscellaneous administrative 
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changes, including updating the street address for its Region IV office and correcting an 

authority citation and typographical and spelling errors, and other edits and conforming changes. 

Enhancements to Emergency Preparedness Regulations; 10 CFR Parts 50 and 52 (RIN 

3150-AI10; NRC-2008-0122)

On November 23, 2011, the NRC published a final rule in the Federal Register (76 FR 72560), 

effective December 23, 2011, amending certain emergency preparedness (EP) requirements in 

its regulations that govern domestic licensing of production and utilization facilities. This final 

rule adds a conforming provision in the regulations that govern licenses, certifications, and 

approvals for new nuclear power plants. This final rule also codifies certain voluntary protective 

measures contained in NRC Bulletin 2005-02, “Emergency Preparedness and Response 

Actions for Security-Based Events,” and generically applicable requirements similar to those 

previously imposed by Commission orders. The amended licensee emergency plan 

requirements enhance the ability of licensees in preparing to take and taking certain EP and 

protective measures in the event of a radiological emergency; address, in part, security issues 

identified after the terrorist events of September 11, 2001; clarify regulations to effect consistent 

emergency plan implementation among licensees; and modify certain EP requirements to be 

more effective and efficient. 

U.S. Advanced Boiling Water Reactor Aircraft Impact Design Certification Amendment; 10 

CFR Part 52 (RIN 3150-AI84; NRC-2010-0134)

On December 19, 2011, the NRC published a final rule in the Federal Register (76 FR 78096), 

effective January 17, 2012, amending its regulations to certify an amendment to the U.S. 

Advanced Boiling Water Reactor (U.S. ABWR) standard plant design to comply with the NRC's 

aircraft impact assessment (AIA) regulations. This action allows applicants or licensees 

intending to construct and operate a U.S. ABWR to comply with the NRC's AIA regulations by 

referencing the amended design certification rule. The applicant for certification of the 

amendment to the U.S. ABWR design is STP Nuclear Operating Company. 

AP1000 Design Certification Amendment; 10 CFR Part 52 (RIN 3150-AI81; NRC-2010-0131)

On December 30, 2011, the NRC published a final rule in the Federal Register (76 FR 82079), 

effective December 30, 2011, amending its regulations to certify an amendment to the AP1000 

standard plant design. This action was 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), and need not demonstrate in their applications the safety of the 

certified design as amended. The amendment replaces the combined license information items 

and design acceptance criteria with specific design information, addresses the effects of the 

impact of a large commercial aircraft, incorporates design improvements, and increases 

standardization of the design. 

American Society of Mechanical Engineers (ASME) Codes and New and Revised ASME 

Code Cases: Corrections; 10 CFR Part 50 (RIN 3150-AI35; NRC-2008-0554)

On January 23, 2012, the NRC published a notice correcting amendments to a final rule in the 

Federal Register (77 FR 3073), correcting the preamble, or statements of consideration, and the 

codified text in a final rule that was published in the Federal Register on June 21, 2011 (76 FR 

36232). This document was necessary to correct typographical, formatting, and punctuation 
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errors. The final rule amended the NRC's regulations to incorporate by reference various 

editions and addenda to the ASME Boiler and Pressure Vessel (B&PV) Code, and the ASME 

Code for Operation and Maintenance of Nuclear Power Plants. The final rule also incorporated 

by reference (with conditions on their use) ASME B&PV Code Cases N-722-1 and N-770-1. 

The correction was effective on January 23, 2012, and applicable to July 21, 2011, the date the 

original rule became effective. 

Removal of Oman from the Restricted Destinations List; 10 CFR Part 110 (RIN 3150-AJ06; 

NRC-2011-0264)

On February 27, 2012, the NRC published a final rule in the Federal Register (77 FR 11384), 

effective February 27, 2012, amending its export and import regulations by removing Oman from 

the list of restricted destinations. This amendment was necessary to conform the NRC's 

regulations with U.S. Government foreign policy. 

Interpretations; Removal of Part 8; 10 CFR Part 8 (RIN 3150-AJ02; NRC-2011-0180)

On April 11, 2012, the NRC published a final rule in the Federal Register (77 FR 21625), 

effective April 11, 2012, amending its regulations to remove its published General Counsel 

interpretations of various regulatory provisions. The interpretations were largely obsolete, 

having been superseded by subsequent statutory and regulatory changes; this part of the 

Commission's regulations was no longer necessary. 

Export and Import of Nuclear Equipment and Material; 10 CFR Part 110 (RIN 3150-AJ04; 

NRC- 2012-0213)

On May 9, 2012, the NRC published a final rule in the Federal Register (77 FR 27113), effective 

June 8, 2012, amending its regulations pertaining to the export and import of nuclear materials 

and equipment. This rulemaking was necessary to reflect the nuclear non-proliferation policy of 

the Executive Branch regarding U.S. Government obligations to the International Atomic Energy 

Agency. Also, this final rule made certain editorial revisions, and corrected typographical errors. 

Requirement for Fingerprint-Based Criminal History Records Checks for Individuals 

Seeking Unescorted Access to Non-Power Reactors (Research or Test Reactors); 10 CFR 

Part 73 (RIN 3150-AI25; NRC-2008-0619)

On May 11, 2012, the NRC published a final rule in the Federal Register (77 FR 27561), 

effective November 7, 2012, amending its regulations to require non-power reactor licensees to 

obtain fingerprint-based criminal history records checks before granting any individual 

unescorted access to their facilities. This action complies with the requirements of Section 652 

of the Energy Policy Act of 2005, which amended Section 149 of the Atomic Energy Act of 1954, 

as amended, to require fingerprinting and a Federal Bureau of Investigation identification and 

criminal history records checks of individuals permitted unescorted access to a utilization facility. 

Advance Notification to Native American Tribes of Transportation of Certain Types of 

Nuclear Waste; 10 CFR Parts 71 and 73 (RIN 3150-AG41; NRC-1999-0005)

On June 11, 2012, the NRC published a final rule in the Federal Register (77 FR 34194), 

effective August 10, 2012, amending its regulations that govern packaging and transportation of 

radioactive material and physical protection of plants and materials. The amendments require 
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licensees to provide advance notification to participating Federally-recognized Tribal 

governments regarding shipments of irradiated reactor fuel and certain nuclear wastes for any 

shipment that passes within their reservations. The rule extends relief to Tribal officials, 

designees, and Tribal law enforcement personnel from fingerprinting requirements required for 

access to Safeguards Information (SGI). The participating Tribal government is required to 

protect the shipment information as SGI. Compliance with the Tribal advance notification 

provisions of §§ 71.97(c)(3) and 73.37(f) of Title 10 of the Code of Federal Regulations is 

required on June 11, 2013. 

Revision of Fee Schedules; Fee Recovery for Fiscal Year 2012; 10 CFR Parts 170 and 171

(RIN 3150-AJ03; NRC-2011-0207)

On June 15, 2012, the NRC published a final rule in the Federal Register (77 FR 35809), 

effective August 14, 2012, amending the licensing, inspection, and annual fees charged to its 

applicants and licensees. The amendments were necessary to implement the Omnibus Budget 

Reconciliation Act of 1990, as amended, which requires the NRC to recover through fees 

approximately 90 percent of its budget authority in fiscal year (FY) 2012, not including amounts 

appropriated for Waste Incidental to Reprocessing and amounts appropriated for generic 

homeland security activities. Based on the Consolidated Appropriations Act of 2012, signed by 

President Obama on December 23, 2011, the NRC's required fee recovery amount for the FY 

2012 budget is $1,038.1 million. After accounting for billing adjustments, the total amount to be 

billed as fees to licensees is $901 million. 

Technical Corrections; 10 CFR Chapter I (RIN 3150-AJ16; NRC-2012-0092)

On July 6, 2012, the NRC published a final rule in the Federal Register (77 FR 39899), effective 

August 6, 2012, amending its regulations to make technical corrections, including updating the 

street address for its Region I office; correcting authority citations and typographical and spelling 

errors; and making other edits and conforming changes. 

Requirements for Distribution of Byproduct Material; Final Rule and Interim Guidance; 10 

CFR Parts 30, 31, 32, 40, and 70 (RIN 3150-AH91; NRC-2008-0338 (Rule) and NRC-2012-

0074 (Interim Guidance)

On July 25, 2012, the NRC published a final rule in the Federal Register (77 FR 43665), 

effective October 23, 2012, amending its regulations to make requirements for distributors of 

byproduct material clearer, less prescriptive, more risk-informed and up to date. The 

Commission also redefined categories of devices to be used under exemptions, adding explicit 

provisions regarding the sealed source and device registration process, and adding flexibility to 

the licensing of users of sealed sources and devices. This action was primarily intended to 

make licensing processes more efficient and effective. These changes will affect manufacturers 

and distributors of sources and devices containing byproduct material and future users of some 

products currently used under a general or specific license. In the same issue of the Federal 

Register, the NRC published interim guidance for public comment (77 FR 43544; July 25, 2012) 

that addresses implementation of the final rule. The comment period on the interim guidance 

closed on September 24, 2012. 
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Amendments to Adjudicatory Process Rules and Related Requirements; 10 CFR Parts 2, 

12, 51, 54, and 61 (RIN 3150-AI43; NRC-2008-0415) 

On August 3, 2012, the NRC published a final rule in the Federal Register (77 FR 46561), 

effective September 4, 2012, amending its adjudicatory rules of practice. This rule makes 

changes to the NRC’s adjudicatory process that the NRC believes will promote fairness, 

efficiency, and openness in NRC adjudicatory proceedings. This rule also corrects errors and 

omissions that have been identified since the major revisions to the NRC’s rules of practice in 

early 2004. 

Requirements for Maintenance of Inspections, Tests, Analyses, and Acceptance Criteria; 

Final Rule and Regulatory Guide, Issuance; 10 CFR Parts 2 and 52 (RIN 3150-AI77; NRC2010-0012)

On August 28, 2012, the NRC published a final rule in the Federal Register (77 FR 51880), 

effective September 27, 2012, amending its regulations related to verification of nuclear power 

plant construction activities through inspections, tests, analyses, and acceptance criteria 

(ITAAC) under a combined license, and issued a revision to Regulatory Guide 1.215, “Guidance 

for ITAAC Closure Under 10 CFR (Title 10 of the Code of Federal Regulations) Part 52.” The 

final rule contains new provisions that apply after a licensee has completed ITAAC and 

submitted an ITAAC closure notification. In addition, the NRC included editorial corrections to 

existing language in the Atomic Energy Act of 1954, as amended. Regulatory Guide 1.215 

describes a method that the NRC staff considers acceptable for use in satisfying the 

requirements for documenting the completion of ITAAC. 

II. DIRECT FINAL RULES 

List of Approved Spent Fuel Storage Casks: MAGNASTOR® System, Revision 2; 10 CFR 

Part 72 (RIN 3150-AI91; NRC-2011-0008)

On November 14, 2011, the NRC published a direct final rule in the Federal Register (76 FR 

70331), effective January 30, 2012, amending its spent fuel storage cask regulations by revising 

the NAC International, Inc. MAGNASTOR® System listing within the “List of Approved Spent 

Fuel Storage Casks” to include Amendment No. 2 to Certificate of Compliance No. 1031. The 

companion proposed rule was published on November 14, 2011 (76 FR 70374). The 

confirmation of effective date for this direct final rule was published on January 27, 2012 (77 FR 

4203). 

List of Approved Spent Fuel Storage Casks: HI-STORM 100, Revision 8; 10 CFR Part 72

(RIN 3150-AJ05; NRC-2011-0221)

On February 17, 2012, the NRC published a direct final rule in the Federal Register (77 FR 

9515), effective May 2, 2012, to amend its spent fuel storage regulations by revising the Holtec 

International HI-STORM 100 dry cask storage system listing within the “List of Approved Spent 

Fuel Storage Casks” to include Amendment No. 8 to Certificate of Compliance No. 1014. The 

companion proposed rule was published on February 17, 2012 (77 FR 9591). The confirmation 

of effective date for this direct final rule was published on April 25, 2012 (77 FR 24585). 
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Access Authorization Fees; 10 CFR Parts 11 and 25 (RIN 3150-AJ00; NRC-2011-0161)

On May 3, 2012, the NRC published a direct final rule in the Federal Register (77 FR 26149), 

effective June 22, 2012, amending the NRC's access authorization fees charged to licensees for 

work performed under the Material Access Authorization Program and the Information Access 

Authority Program. The amended cost was due to an increase in the review time for each 

application for access authorization. The NRC's formula for calculating fees remained the same 

and is based on current Office of Personnel Management investigation billing rates for 

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

request for access authorization from an NRC licensee. The companion proposed rule was 

published in the Federal Register on May 3, 2012 (77 FR 26213). The confirmation of effective 

date for this direct final rule was published on June 22, 2012 (77 FR 37553). On August 3, 2012 

(77 FR 46257), the NRC published a correcting amendment for the preamble, or statement of 

considerations, and codified text contained in the May 3, 2012, direct final rule. The correction 

was necessary to correct an e-mail address, a codification error, a misspelled abbreviation, and 

the authority citations. The correction was effective on August 3, 2012, and applicable to June 

22, 2012, the date the original rule became effective. 

Receipts-Based, Small Business Size Standard; 10 CFR Parts 2 and 171 (RIN 3150-AJ14; 

NRC-2012-0062)

On July 3, 2012, the NRC published a direct final rule in the Federal Register (77 FR 39385), 

effective August 22, 2012, amending the size standard that it uses to qualify an NRC licensee as 

a “small entity” under the Regulatory Flexibility Act of 1980, as amended. The NRC increased 

its receipts-based, small business size standard from $6.5 million to $7 million to conform to the 

most commonly used size standard set by the Small Business Administration (SBA). The SBA 

adjusted this standard on July 18, 2008 (73 FR 41237), to account for inflation. A companion 

proposed rule was published in the Federal Register on July 3, 2012 (77 FR 39442). The 

confirmation of effective date for this direct final rule was published on September 4, 2012 (77 

FR 53769). 

III. PROPOSED RULES 

General Site Suitability Criteria for Nuclear Power Stations; Draft Regulatory Guide; 

Request for Comment; 10 CFR Parts 50, 51, and 52 (NRC-2011-0297)

On December 30, 2011, the NRC published Draft Regulatory Guide DG-4021, “General Site 

Suitability Criteria for Nuclear Power Stations,” in the Federal Register (76 FR 82201) for public 

comment. This guide describes a method that the NRC staff considers acceptable to implement 

the site suitability requirements for nuclear power stations. The comment period ended on 

February 25, 2012. 

Unified Agenda of Federal Regulatory and Deregulatory Actions: Semiannual Regulatory 

Agenda; 10 CFR Chapter I

On Monday, February 13, 2012, the NRC published its semiannual regulatory agenda in the 

Federal Register (77 FR 8078) in accordance with Public Law 96-354, “The Regulatory 

Flexibility Act,” and Executive Order 12866, “Regulatory Planning and Review.” The agenda is a 

compilation of all rules on which the NRC has recently completed action or has proposed or is 
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considering action. This issuance updates any action occurring on rules since publication of the 

last semiannual agenda on July 7, 2011 (76 FR 40204). 

Guidance for Decommissioning Planning During Operations: Draft Regulatory Guide; 

Re-Opening of Comment Period; 10 CFR Parts 20, 30, 40, 50, 70, and 72 (NRC-2011-0286)

On February 15, 2012, the NRC published a notice in the Federal Register (77 FR 8751) reopening the public comment period for DG-4014, “Decommissioning Planning During 

Operations.” DG-4014 describes a method that the NRC staff considers acceptable for use in 

complying with the NRC's Decommissioning Planning Rule. The notice requesting comment on 

the draft guide was published on December 13, 2011 (76 FR 77431), with a public comment 

period ending on February 10, 2012. The re-opened comment period expired on March 30, 

2012. 

Revision of Fee Schedules; Fee Recovery for Fiscal Year 2012; 10 CFR Parts 170 and 171

(RIN 3150-AJ03; NRC-2011-0207)

On March 15, 2012, the NRC published a proposed rule in the Federal Register (77 FR 15530) 

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

The proposed amendments were necessary to implement the Omnibus Budget Reconciliation 

Act of 1990, as amended (OBRA-90), which requires the NRC to recover through fees 

approximately 90 percent of its budget authority in FY 2012, not including amounts appropriated 

for Waste Incidental to Reprocessing, and amounts appropriated for generic homeland security 

activities. President Obama signed the Consolidated Appropriations Act of 2012 on December 

23, 2011, giving the NRC a total appropriation of $1,038.1 million for FY 2012. The FY 2012 

proposed fee rule, based on the FY 2012 appropriation, would require the NRC to recover fees 

of approximately $909.5 million from licensees. After accounting for billing adjustments, the total 

amount to be billed as fees is approximately $901 million. The comment period on the proposed 

rule closed on April 16, 2012. 

Workshop on Performance Assessments of Near-Surface Disposal Facilities: FEPs 

Analysis, Scenario and Conceptual Model Development, and Code Selection; Public 

Meeting; 10 CFR Part 61 (RIN-3150-AI92; NRC-2011-0012)

On February 22, 2012 (77 FR 10401), and May 8, 2012 (77 FR 26991), the NRC published 

documents in the Federal Register that announced public meetings to discuss possible revisions 

to the regulatory framework for the management of commercial low-level radioactive waste 

(LLW). The purpose of these public meetings were to gather information and receive feedback 

from stakeholders and other interested members of the public concerning specific proposed 

revisions to the Commission's LLW regulations. On July 11, 2012, the NRC published a 

document in the Federal Register (77 FR 40817) that announced a public meeting to gain a 

better understanding of the issues associated with specifying a regulatory time of compliance for 

a LLW waste disposal facility, allowing licensees the flexibility to implement waste acceptance 

criteria as an alternative to the current waste classification system, and revising the NRC’s 

licensing requirements for land disposal of radioactive waste. On August 13, 2012 (77 FR 

48107), the NRC published a document in the Federal Register that announced a public 

meeting on performance assessments of near-surface LLW disposal facilities. The public 
8 

meeting was developed to facilitate communication among Federal and state agencies, industry 

representatives, contractors, and members of the public on three aspects of a performance 

assessment: (1) Features, Events, and Processes analysis; (2) the development of scenarios 

and conceptual models; and (3) the selection of computer codes. 

Clarification of Submission of Requests for Relief or Alternatives From the Regulatory 

Requirements Pertaining to Codes and Standards; Proposed Rule; 10 CFR Part 50 (NRC2012-0204)

On September 6, 2012, the NRC published a document in the Federal Register (77 FR 54839) 

seeking public comment on a draft regulatory issue summary (RIS) that provides information on 

requests for alternatives to and relief from the regulatory requirements pertaining to Codes and 

Standards. The draft RIS also provides clarification when relief is requested by licensees and 

applicants where American Society of Mechanical Engineers Code requirements are determined 

impractical, and when proposed alternatives to the regulations are submitted to the NRC. The 

comment period closed on October 22, 2012. 

IV. ADVANCE NOTICES OF PROPOSED RULEMAKING 

Station Blackout; 10 CFR Part 50 (RIN 3150-AJ08; NRC-2011-0299)

On March 20, 2012, the NRC published an Advance Notice of Proposed Rulemaking in the 

Federal Register (77 FR 16175) to begin the process of considering amendments to its 

regulations to address a condition known as station blackout (SBO). SBO involves the loss of 

all onsite and offsite alternating current power at a nuclear power plant. The NRC sought public 

comments on specific questions and issues with respect to possible revisions to the NRC's 

requirements for addressing SBO conditions to develop new SBO requirements and a 

supporting regulatory basis. This regulatory action is one of the near-term actions based on 

lessons-learned stemming from the March 2011 Fukushima Dai-ichi accident in Japan. The 

comment period closed on May 4, 2012. 

Onsite Emergency Response Capabilities; 10 CFR Parts 50 and 52 (RIN 3150-AJ11; NRC2012-0031)

On April 18, 2012, the NRC published an Advance Notice of Proposed Rulemaking in the 

Federal Register (77 FR 23161) to begin the process of considering amending its regulations to 

strengthen and integrate onsite emergency response capabilities. The NRC sought public 

comment on specific questions and issues with respect to possible revision to the NRC's 

requirements for addressing onsite emergency response capabilities, and development of both 

new requirements and the supporting regulatory basis. This regulatory action is one of the 

actions stemming from the NRC's lessons-learned efforts associated with the March 2011 

Fukushima Dai-ichi accident in Japan. The comment period closed on June 18, 2012. 
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V. AVAILABILITY OF DRAFT RULE LANGUAGE 

Fitness-for-Duty Programs; Regulatory Basis and Preliminary Proposed Rule Language; 

10 CFR Part 26 (NRC-2009-0090)

On September 10, 2012, the NRC published a document in the Federal Register (77 FR 55429) 

announcing the availability of two rulemaking documents related to the ongoing proposed 

rulemaking effort to amend its regulations regarding Fitness-for-Duty Programs. The released 

documents include the regulatory basis and preliminary proposed rule language for requiring 

personnel performing certain quality control and quality verification duties to comply with the 

work hour provisions. The availability of these documents allows interested stakeholders to 

prepare for future public meetings. 

VI. POLICY STATEMENTS 

Enforcement Policy Revision; 10 CFR Parts 50 and 52 (NRC-2011-0176)

On June 7, 2012, the NRC published a document in the Federal Register (77 FR 33786) 

revising its Enforcement Policy to address construction-related topics, including enforcement 

discretion. This revision of the Enforcement Policy was effective on June 7, 2012. 

VII. MEMORANDUM OF UNDERSTANDING 

Memorandum of Understanding Between the U.S. Nuclear Regulatory Commission and 

the Department of Homeland Security; 10 CFR Parts 50 and 52 (NRC-2012-0015)

On February 7, 2012, the NRC published a Memorandum of Understanding (MOU) in the 

Federal Register (77 FR 6131), effective December 19, 2011. The MOU establishes a process 

to implement the provisions of Section 657 of the Energy Policy Act of 2005 (EPA), Pub. L. 109-

58, 119 Stat. 594, 814 (2005). 

VIII. PETITIONS FOR RULEMAKING (PRM) 

a. Notices of Receipt 

Cheri Swensson on Behalf of the American Academy of Health Care Providers in the 

Addictive Disorders; 10 CFR Part 26 (PRM-26-7; NRC-2011-0220)

On October 5, 2011, the NRC published a notice of receipt and request for comment for a PRM 

in the Federal Register (76 FR 61625). The PRM was filed by Cheri Swensson (the petitioner) 

on behalf of the American Academy of Health Care Providers in the Addictive Disorders (the 

Academy) on May 5, 2011, and supplemented on August 3, 2011. The PRM was docketed by 

the NRC on September 9, 2011, and assigned Docket No. PRM-26-7. The petitioner requested 

that the NRC amend its regulations to include the Academy as one of the organizations 
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authorized to certify a substance abuse expert. The comment period closed on December 19, 

2011. 

Taxpayers and Ratepayers United, et al.; 10 CFR Part 51 (PRM-51-14, et al.; NRC-2011-

0189)

On November 10, 2011, the NRC published a notice of receipt of 15 PRMs in the Federal 

Register (76 FR 70067), each dated August 10, August 11, or August 12, 2011, from multiple 

petitioners. The petitioners requested that the NRC rescind its regulations that allow generic 

conclusions about the environmental impacts of severe reactor and spent fuel pool accidents 

and its regulations that preclude considerations of those issues in individual licensing 

proceedings. The petitioners also requested the NRC to suspend multiple ongoing licensing 

proceedings while the NRC considers these petitions and the environmental issues raised in the 

Fukushima Task Force Report, “Recommendations for Enhancing Reactor Safety in the 21st 

Century: The Near-Term Task Force Review of Insights from the Fukushima Dai-ichi Accident” 

(ADAMS Accession No. ML111861807), dated July 12, 2011. The NRC did not institute a public 

comment period for these PRMs. 

George Hamawy; 10 CFR Part 73 (PRM-73-15; NRC-2011-0251)

On December 7, 2011, the NRC published a notice of receipt and request for comment for a 

PRM, dated September 15, 2011, in the Federal Register (76 FR 76327), which was filed with 

the NRC by George Hamawy. The petitioner requested that the NRC require installation of 

radiation alarms in rooms housing neutron sources. The comment period closed on February 

21, 2012. 

Measurement and Control of Combustible Gas Generation and Dispersal; 10 CFR Parts 

50, 52, and 100 (PRM-50-103; NRC-2011-0189)

On January 5, 2012, the NRC published a notice of receipt of a PRM in the Federal Register (77 

FR 441), dated October 14, 2011, from the Natural Resources Defense Council, Inc (the 

petitioner). The petitioner requested that the NRC amend its regulations regarding the 

measurement and control of combustible gas generation and dispersal within a power reactor 

system. The NRC did not institute a public comment period for this PRM. 

Emergency Planning Zone; 10 CFR Parts 50 and 52 (PRM-50-104; NRC-2012-0046)

On April 30, 2012, the NRC published a notice of receipt and request for comment for a PRM in 

the Federal Register (77 FR 25375), dated February 15, 2012, which was filed by Mr. Michael 

Mariotte on behalf of the Nuclear Information and Resource Service (the petitioner) and 37 copetitioners. The petition was docketed by the NRC on February 17, 2012, and assigned Docket 

No. PRM-50-104. The petitioner requested that the NRC amend its regulations to expand the 

Emergency Planning Zones for nuclear power plants. The comment period closed on July 16, 

2012. 

In-core Thermocouples at Different Elevations and Radial Positions in Reactor Core; 10 

CFR Part 50 (PRM-50-105; NRC-2012-0056)

On May 23, 2012, the NRC published a notice of receipt and request for public comment for a 

PRM in the Federal Register (77 FR 30435), dated February 28, 2012, which was filed by Mr. 
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Mark Edward Leyse (the petitioner). The petition was docketed by the NRC on March 2, 2012, 

and assigned Docket No. PRM-50-105. The petitioner requested that the NRC amend its 

regulations to “require all holders of operating licenses for nuclear power plants (“NPP”) to 

operate NPPs with in-core thermocouples at different elevations and radial positions throughout 

the reactor core.” The comment period closed on August 6, 2012. 

Environmental Qualifications of Electrical Equipment; 10 CFR Parts 50, 52, 54 and 100 

(PRM-50-106; NRC- 2012-0177)

On September 27, 2012, the NRC published a notice of receipt for a PRM in the Federal 

Register (77 FR 59345) submitted by the Natural Resources Defense Council and Mr. Paul M. 

Blanch (collectively, the petitioners). The PRM was docketed by NRC on June 22, 2012, and 

assigned Docket No. PRM-50-96. The petitioners requested that the NRC initiate a rulemaking 

“to revise its regulations to clearly and unequivocally require the environmental qualification of 

all safety-related cables, wires, splices, connections and other ancillary electrical equipment that 

may be subjected to submergence and/or moisture intrusion during normal operating conditions, 

severe weather, seasonal flooding, seismic events, and post-accident conditions, both inside 

and outside of containment.” The NRC did not institute a public comment period for this PRM. 

b. PRMs Denied 

Sherwood Martinelli; 10 CFR Part 50 (PRM-50-94; NRC-2010-0004)

On December 7, 2011, the NRC published a denial of a PRM in the Federal Register (76 FR 

76322) submitted by Mr. Sherwood Martinelli (the petitioner). The petitioner requested that the 

NRC amend its regulations as they relate to decommissioning and decommissioning funding. 

Specifically, the petitioner requested that the NRC revise its reporting requirements, restrict 

funding mechanisms, require deposits within 90 days to cover shortfalls regardless of cause, 

amend the definition of the safe storage (SAFSTOR) decommissioning option, and eliminate the 

ENTOMB decommissioning option. 

Association of State and Territorial Solid Waste Management Officials; 10 CFR Part 32 

(PRM-32-6; NRC-2009-0547)

On December 8, 2011, the NRC published a denial of a PRM in the Federal Register (76 FR 

76625) submitted by the Association of State and Territorial Solid Waste Management Officials 

(ASTSWMO or the petitioner). The petitioner requested that the NRC amend its regulations to 

improve the labeling and accountability of tritium exit signs. Specifically, the petitioner 

requested that: the labeling be in several locations on the sign and printed with larger font; an 

expiration date should be distinctly legible to a fire or building inspector without taking down the 

sign; and the radiation trefoil should be displayed on the front and back of advertisements. 

Although not a specific request for rulemaking, the petitioner recommended that a national 

collection effort with distinct milestones and goals be undertaken to consolidate all expired and 

disused tritium exit signs. The petitioner requested that the NRC organize a meeting with 

ASTSWMO and all interested stakeholders to set a new path forward on this issue. 
12 

Filing a Renewed License Application; 10 CFR Part 54 (PRM-54-6; NRC 2010-0291)

On May 14, 2012, the NRC published a document in the Federal Register (77 FR 28316) 

denying a PRM submitted by Raymond Shadis and Mary Lampert on behalf of Earth Day 

Commitment/Friends of the Coast, Beyond Nuclear, Seacoast Anti-Pollution League, C-10 

Research and Education Foundation, Pilgrim Watch, New England Coalition, and joined in by 

New Hampshire State Representative Robin Reed (the petitioners). The petitioners requested 

that the NRC amend its regulations to accept a license renewal application (LRA) no sooner 

than 10 years before the expiration of the current license and to apply the revised rule to all 

LRAs for which the NRC has not issued a final safety evaluation report. The petitioners also 

requested a suspension of all new license renewal activity until the rulemaking is decided. 

c. PRMs Considered in the Rulemaking Process 

Petition for Rulemaking Submitted by the Natural Resources Defense Council, Inc.; 10 

CFR Part 50 (PRM-50-101; NRC-2011-0189)

On March 21, 2012, the NRC published a document in the Federal Register (77 FR 16483) 

stating the NRC will consider the issues raised in PRM-50-101, submitted by the Natural 

Resources Defense Council, Inc. (the petitioner), in the NRC’s rulemaking process. The 

petitioner requested that the NRC amend its regulations to require each operating and new 

reactor licensee to establish station blackout mitigation strategies and resources. The NRC 

determined that the issues raised in the PRM are appropriate for consideration and will consider 

them in the planned “Station Blackout” rulemaking (Docket ID NRC-2011-0299). The docket for 

PRM-50-101 was closed on March 21, 2012. 

Petition for Rulemaking Submitted by the Natural Resources Defense Council, Inc.; 10 

CFR Part 50 (PRM-50-102; NRC-2011-0189)

On April 27, 2012, the NRC published a document in the Federal Register (77 FR 25104) 

stating that the issues raised in PRM-50-102, submitted by the Natural Resources Defense 

Council, Inc. (the petitioner), would be considered in the rulemaking process. The petitioner 

requested that the NRC amend its regulations to require more realistic, hands-on training and 

exercises on Severe Accident Management Guidelines and Extensive Damage Mitigation 

Guidelines. The NRC determined that the issues raised in the PRM are appropriate for 

consideration and will consider them in the ongoing Fukushima Near-Term Task Force (NTTF) 

Recommendation 8 rulemaking (Docket ID NRC-2012-0031). The docket for PRM-50-102 was 

closed on April 27, 2012. 

Certification of Substance Abuse Experts; 10 CFR Part 26 (PRM-26-7; NRC-2011-0220)

On June 7, 2012, the NRC published a document in the Federal Register (77 FR 33619) stating 

that the issues raised in PRM-26-7, submitted by the American Academy of Health Care 

Providers in the Addictive Disorders (the Academy or the petitioner), would be considered in the 

rulemaking process. The petitioner requested that the NRC amend its regulations to include the 

Academy as one of the organizations authorized to certify a substance abuse expert. The NRC 

determined that the issues raised in the PRM are appropriate for consideration and will consider 

them in the ongoing Part 26 Drug and Alcohol Testing; Technical Issues and Editorial Changes 
13 

rulemaking (Docket ID NRC-2012-0079). The docket for PRM-26-7 was closed on June 7, 

2012. 

Petition for Rulemaking Submitted by Annette User on Behalf of GE Osmonics, Inc.; 10 

CFR Part 30 (PRM-30-65; NRC-2011-0134)

On September 14, 2012, the NRC published a document in the Federal Register (77 FR 56793) 

indicating that the NRC will consider in rulemaking the issue raised in PRM-30-65, submitted by 

Annette User, on behalf of GE Osmonics, Inc., on April 20, 2011. The petitioner requested that 

the NRC amend its regulations regarding the commercial distribution of byproduct material to 

allow recipients of exempt quantities of polymer (polycarbonate or polyester) track etch (PCTE)

membranes that have been irradiated with mixed fission products, to commercially redistribute 

the material without a license. In its review of the PRM, the NRC concluded that the petitioner 

raised a valid issue concerning regulatory control of the commercial distribution of PCTE 

membranes. The docket for PRM-30-65 was closed on September 14, 2012. 

d. PRMs Closed Through the Rulemaking Process 

Organization of Agreement States and Florida Department of Health, Bureau of Radiation 

Control: Withdrawal of Proposed Rule and Closure of Petition for Rulemaking; 10 CFR 

Part 31 (PRM-31-5; NRC-2005-0018 and NRC-2008-0272)

On January 25, 2012, the NRC published a notice in the Federal Register (77 FR 3640) 

withdrawing a proposed rule and closing PRM-31-5, submitted by the Organization of 

Agreement States, Inc. The petition requested that the NRC amend its regulations to strengthen 

the regulation of radioactive materials by requiring a specific license for higher-activity devices 

that are currently available under a general license, and change the compatibility designation of 

applicable regulations from category B to category C. The petition also addressed a request 

filed by the Florida Department of Health, Bureau of Radiation Control, to change the 

compatibility category of a certain part of the applicable regulation from category B to 

category C. In response to the petition, the NRC developed a proposed rule that would have 

changed the compatibility of the applicable regulations, and would have limited the quantity of 

byproduct material contained in a generally-licensed device to below one-tenth of the 

International Atomic Energy Agency Category 3 thresholds. After further review, the NRC has 

decided to withdraw the proposed rule and to change the compatibility designation of the 

applicable regulations from category B to category C. The proposed rule to limit the quantity of 

byproduct material contained in a generally-licensed device (74 FR 38372; August 3, 2009) was 

withdrawn on January 25, 2012. The docket for PRM-31-5 was closed on January 25, 2012. 

e. PRMs Withdrawn by the Petitioner 

None.