Monday, 

December 20, 2010 

Part XXIII 

Nuclear Regulatory 

Commission 

Semiannual Regulatory Agenda 


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79934 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 

NUCLEAR REGULATORY COMMISSION (NRC) 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Ch. I 

Unified Agenda of Federal Regulatory 

and Deregulatory Actions 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is publishing its 

semiannual regulatory agenda in 

accordance with Public Law 96-354, 

‘‘The Regulatory Flexibility Act,’’ and 

Executive Order 12866, ‘‘Regulatory 

Planning and Review.’’ The agenda is a 

compilation of all rules on which the 

NRC has recently completed action or 

has proposed or is considering action. 

This issuance updates any action 

occurring on rules since publication of 

the last semiannual agenda on April 26, 

2010 (75 FR 21960). 

For this edition of the NRC’s 

regulatory agenda, the most important 

significant regulatory actions and a 

Statement of Regulatory Priorities are 

included in The Regulatory Plan, which 

appears in both the online Unified 

Agenda and in part II of the Federal 

Register that includes the Unified 

Agenda. 

ADDRESSES: Comments on any rule in 

the agenda may be sent to the Secretary 

of the Commission, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555-0001, Attention: Rulemakings 

and Adjudications Staff. Comments may 

also be hand delivered to the One White 

Flint North Building, 11555 Rockville 

Pike, Rockville, Maryland, between 7:30 

a.m. and 4:15 p.m., Federal workdays. 

Comments received on rules for which 

the comment period has closed will be 

considered if it is practical to do so, but 

assurance of consideration cannot be 

given except as to comments received 

on or before the closure dates specified 

in the agenda. Public comments on 

NRC’s published rulemaking actions are 

available on the Federal rulemaking 

website at http://www.regulations.gov. 

The agenda and any comments 

received on any rule listed in the agenda 

are available for public inspection and 

copying for a fee at the Nuclear 

Regulatory Commission’s Public 

Document Room, One White Flint 

North, 11555 Rockville Pike, Room O1F21, Rockville, Maryland. 

The complete Unified Agenda will be 

available online at www.reginfo.gov, in 

a format that offers users a greatly 

enhanced ability to obtain information 

from the Agenda database. 

FOR FURTHER INFORMATION CONTACT: For 

further information concerning NRC 

rulemaking procedures or the status of 

any rule listed in this agenda, contact: 

Cindy Bladey, Chief, Rules, 

Announcements and Directives Branch, 

Division of Administrative Services, 

Office of Administration, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555-0001, telephone 301-492-3667 

(e-mail: Cindy.Bladey@nrc.gov). Persons 

outside the Washington, DC, 

metropolitan area may call, toll-free: 1- 

800-368-5642. For further information 

on the substantive content of any rule 

listed in the agenda, contact the 

individual listed under the heading 

‘‘Agency Contact’’ for that rule. 

SUPPLEMENTARY INFORMATION: The 

information contained in this 

semiannual publication is updated to 

reflect any action that has occurred on 

rules since publication of the last NRC 

semiannual agenda on April 26, 2010 

(75 FR 21960). Within each group, the 

rules are ordered according to the 

Regulation Identifier Number (RIN). 

The information in this agenda has 

been updated through September 10, 

2010. The date for the next scheduled 

action under the heading ‘‘Timetable’’ is 

the date the rule is scheduled to be 

published in the Federal Register. The 

date is considered tentative and is not 

binding on the Commission or its staff. 

The agenda is intended to provide the 

public early notice and opportunity to 

participate in the NRC rulemaking 

process. However, the NRC may 

consider or act on any rulemaking even 

though it is not included in the agenda. 

The NRC agenda lists all open 

rulemaking actions. Three rules affect 

small entities. 

Dated at Rockville, Maryland, this 

10th day of September 2010. 

For the Nuclear Regulatory 

Commission. 

Cindy Bladey, 

Chief, Rules, Announcements, and Directives 

Branch, 

Division of Administrative Services, 

Office of Administration. 

Nuclear Regulatory Commission—Long-Term Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

608 Distribution of Source Material To Exempt Persons and General Licensees and Revision of 10 CFR 40.22 General License [NRC-2009-0084] .................................................................................................................................... 3150–AH15 

609 Controlling the Disposition of Solid Materials [NRC-1999-0002] .................................................................................. 3150–AH18 

Nuclear Regulatory Commission—Completed Actions 

Sequence 

Number Title 

Regulation 

Identifier 

Number 

610 Revision of Fee Schedules; Fee Recovery for FY 2010 [NRC-2009-0333] ................................................................. 3150–AI70 


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Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Unified Agenda 79935 

Nuclear Regulatory Commission (NRC) Long-Term Actions 

608. DISTRIBUTION OF SOURCE 

MATERIAL TO EXEMPT PERSONS 

AND GENERAL LICENSEES AND 

REVISION OF 10 CFR 40.22 GENERAL 

LICENSE [NRC–2009–0084] 

Legal Authority: 42 USC 2201; 42 USC 

5841 

Abstract: The proposed rule would 

amend the Commission’s regulations to 

improve the control over the 

distribution of source material to 

exempt persons and to general 

licensees in order to make part 40 more 

risk-informed. The proposed rule also 

would govern the licensing of source 

material by adding specific 

requirements for licensing of and 

reporting by distributors of products 

and materials used by exempt persons 

and general licensees. Source material 

is used under general license and under 

various exemptions from licensing 

requirements in part 40 for which there 

is no regulatory mechanism for the 

Commission to obtain information to 

fully assess the resultant risks to public 

health and safety. Although estimates 

of resultant doses have been made, 

there is a need for ongoing information 

on the quantities and types of 

radioactive material distributed for 

exempt use and use under general 

license. Obtaining information on the 

distribution of source material is 

particularly difficult because many of 

the distributors of source material to 

exempt persons and generally licensed 

persons are not currently required to 

hold a license from the Commission. 

Distributors are often unknown to the 

Commission. No controls are in place 

to ensure that products and materials 

distributed are maintained within the 

applicable constraints of the 

exemptions. In addition, the amounts 

of source material allowed under the 

general license in section 40.22 could 

result in exposures above 1 mSv/year 

(100 mrem/year) to workers at facilities 

that are not required to meet the 

requirements of parts 19 and 20. 

Without knowledge of the identity and 

location of the general licensees, it 

would be difficult to enforce 

restrictions on the general licensees. 

This rule also would address PRM-40- 

27 submitted by the State of Colorado 

and Organization of Agreement States. 

Timetable: 

Action Date FR Cite 

NPRM 07/26/10 75 FR 43425 

NPRM Comment 

Period End 

11/23/10 

Final Rule To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Gary C. Comfort, Jr., 

Nuclear Regulatory Commission, Office 

of Federal and State Materials and 

Environmental Management Programs, 

Washington, DC 20555–0001 

Phone: 301 415–8106 

Email: gary.comfort@nrc.gov 

RIN: 3150–AH15 

609. CONTROLLING THE 

DISPOSITION OF SOLID MATERIALS 

[NRC–1999–0002] 

Legal Authority: 42 USC 2201; 42 USC 

5841 

Abstract: The staff provided a draft 

proposed rule package on Controlling 

the Disposition of Solid Materials to the 

Commission on March 31, 2005, which 

the Commission disapproved. The 

Commission’s decision was based on 

the fact that the Agency is currently 

faced with several high priority and 

complex tasks, that the current 

approach to review specific cases on 

an individual basis is fully protective 

of public health and safety, and that 

the immediate need for this rule has 

changed due to the shift in timing for 

reactor decommissioning. The 

Commission has deferred action on this 

rulemaking. 

Timetable: 

Action Date FR Cite 

NPRM To Be Determined 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Kimyata Morgan 

Butler, Nuclear Regulatory Commission, 

Office of Federal and State Materials 

and Environmental Management 

Programs, Washington, DC 20555–0001 

Phone: 301 415–0733 

Email: kimyata.morganbutler@nrc.gov 

RIN: 3150–AH18 

Nuclear Regulatory Commission (NRC) Completed Actions 

610. REVISION OF FEE SCHEDULES; 

FEE RECOVERY FOR FY 2010 

[NRC–2009–0333] 

Legal Authority: 42 USC 2201; 42 USC 

5841 

Abstract: The final rule amends the 

Commission’s licensing, inspection, 

and annual fees charged to U.S. 

Nuclear Regulatory Commission (NRC) 

licensees and applicants for an NRC 

license. The rulemaking is necessary to 

recover, through the assessment of fees, 

approximately 90 percent of the NRC’s 

budget authority for fiscal year (FY) 

2010, less the amounts appropriated 

from the Nuclear Waste Fund, amounts 

appropriated for Waste Incidental to 

Reprocessing, and amounts 

appropriated for generic homeland 

security activities, as required by the 

Omnibus Budget Reconciliation Act of 

1990 (OBRA-90), as amended. 

Based on the Energy and Water 

Development and Related Agencies 

Appropriation Act, 2010, the NRC’s 

required fee recovery amount for the 

FY 2010 budget is approximately 

$912.2 million. After accounting for 

billing adjustments (i.e., expected 

unpaid invoices, payments for prior 

year invoices), the total amount to be 

billed as fees is $911.1 million. The 

OBRA-90, as amended, requires that the 

fees for FY 2010 be collected by 

September 30, 2010. 

Completed: 

Reason Date FR Cite 

Final Action 06/16/10 75 FR 34210 

Final Rule Effective 08/16/10 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Renu Suri 

Phone: 301 415–0161 

Email: renu.suri@nrc.gov 

RIN: 3150–AI70 

[FR Doc. 2010–30468 Filed 12–17–10; 8:45 

am] 

BILLING CODE 7590–01–S 


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