# NRC Regulatory Agenda

Semiannual Report

J uly

– December 2010

Office of Administration NUREG

- 0936

Vol. 2 9 , N o. 2

# NRC Regulatory Agenda

Semiannual Report

J uly

– December 2010

Man uscript Completed: March 2011

Date Published: March 2011



## Office of Administration NUREG

- 0936

Vol. 2 9

, No. 2

### iii 

# Preface

The U.S. Nuclear Regulatory Commission ’s (NRC or the Commission ) Regulatory Agenda is a

semiannual compilation of the NRC’s recent rulemaking activities. It contains a summary and

the status for each ongoing rulemaking and petition for rulemaki ng received by the agency.

NUREG

- 0936, Volume 29, Number 2, July

– December 2010

, will be the final publication of the

NRC Regulatory Agenda. The most current information on Rules may be found at

http://www.nrc.gov/reading

- rm/doc

- collections/rulemaking

- ruleforum/published

- rules

- by

year.html and the most current information on Petitions for Rulemaking may be found at

http://www.nrc.gov/reading

- rm/doc

- collections/rulemaking

- ruleforum/petitions

- by

- year.html

.

Organization of the Agenda

The agenda consists of two sections that have been upda ted through December 3 1 , 2010,

Section I, A Rules, @ includes : (A) rules on which final action has been taken since June 30, 20 10

, the closing date of the last NRC Regulatory Agenda; (B) rules published previously as proposed

rules on which the Commission ha s not taken final action; (C) rules published as advance

notices of proposed rulemaking for which neither a proposed nor final rule has been issued; and

(D) unpublished rules on which the NRC expects to take action.

Section II, A Petitions for Rulemaking, @ includes : (A) final actions on petitions for rulemaking

since June 30, 2010 ; and (B) petitions pending staff review.

In Section I of the agenda, the rules are aligned numerically with the parts of Title 10, Chapter I,

of the Code of Federal Regulations (Title 10 or 10 CFR ). If more than one rule appears under

the same part, the rules are arranged within that part by date of most recent publication. If a

rule amends multiple parts, the rule is listed under the lowest numbered affected part.

In Sectio n II of the agenda, the petitions are aligned numerically with the parts of Title 10 and

are identified with a petition for rulemaking (PRM) number. If more than one petition appears

under the same CFR part, the petitions are arranged by PRM numbers in co nsecutive order

within that part of Title 10.

Organization of Agenda Entries

E ach rulemaking agenda entry has a Regulation Identifier Number (RIN) and a Docket ID. The

RIN number allows the public t o track the publication history of a regulatory action i n the Unified

Agenda of Federal Regulatory and Deregulatory Actions , compiled by the Office of Management

and Budget’s Office of Information and Regulatory Affairs. The Unified Agenda, published every

spring and fall, provides uniform reporting of data on regulatory and deregulatory activities

under development throughout the Federal Government

.

The Docket ID allows the public to access significant documents and public comments on the

rulemaking activity at the W eb site http://www.Regulations.gov

, the public face of the Federal

E

- Government eRulemaking Program. This site facilitates public participation in the Federal

### Preface NRC Regulatory Agenda

iv regulatory process by improving the public's ability to find, view, and comment on Federal

regulatory actions

.

The dates listed under the heading A Timetable @ for scheduled action by the Commission, the

Executive Director for Operations, or the Chief Financial Officer on particular rules or petitions

are considered tentative and are not binding on the Commission or its staff. They are included

for planning purposes only. This Regulatory Agenda is published to provide the public with

early notice and an opportunity to participate in the rulemaking process. However, the NRC

may consider or act o n any rulemaking proceeding even if it is not included in this Regulatory

Agenda. Conversely, the inclusion in this Regulatory Agenda of unpublished rules on which the

NRC is considering action does not commit the NRC to publishing the rule for public com ment in

the Federal Register

.

The agency examines rules in process and under consideration on an annual basis to

determine the allocation of staff resources necessary to achieve NRC's regulatory priorities

most effectively

. Any unpublished rule whose ter mination is directed prior to publication of a

notice of proposed rulemaking or an advance notice of proposed rulemaking, including those

that were intended to address issues raised in a PRM

, will be noted in this edition of the agenda

and deleted from sub sequent editions. Any r ule whose termination is directed subsequent to

publication of a notice of proposed rulemaking or an advance notice of proposed rulemaking will

be removed from the agenda after publication of a notice of withdrawal in the Federal Re gister

. Rules and PRM s that appear in the agenda for the first time are identified by an asterisk (*).

Public Participation in Rulemaking

Comments on any rule in the agenda may be sent to the Secretary of the Commission, U.S.

Nuclear Regulatory Commis sion, Attention: Rulemakings and Adjudications Staff, Washington,

DC 20555

- 000 1

. 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 t o

comments received on or before the closure dates specified in the agenda.

You may also provide comments via the Federal eRulemaking Portal

( http://www.regulations.gov ) by following instru ction s for submitting comments. For information

on NRC r ulemaking dockets contact Ms. Carol Gallagher, telephone: 301

- 492

- 3668 ; e

- mail:

Carol.Gallagher@nrc.gov

. Y ou may e

- mail comments to Rulemaking.Comments@nrc.gov

. If

you do not receive a reply e

- mail confirming that we have received your comments, contact us

directly at 301

- 415

- 1 677

.

Public comments received on any rule listed in the agenda are on th e Federal eRulemaking

Portal ( http://www.regulations.gov )

. The agenda and any rulemaking comments are also

available for public inspection and copying for a fee at the NRC’s Public Document Room, One

White Flint North, 11555 Rockville Pike, Room O1

- F21, Rockville, M aryland 20852 , between

7:45 a.m. and 4:15 p.m, Federal workdays.

### NRC Regulatory Agenda Preface

v Additional Rulemaking Information

For further information concerning NRC rulemaking procedures or the status of any rule listed in

t his agenda, contact Doris Mendiola, Rule s, Announcements, and Directives Branch, Division of

Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission,

Washington, DC 20555

- 0001, telephone : 301

- 492

- 3665 (persons outside the Was hington, DC,

metropolitan area may call toll

- free: 1

- 800

- 368

- 5642 ) , or e

- mail : Doris.Mendiola @nrc.gov

. For

further information on the substantive content of any rule listed in the agenda, contact the

individual listed under the heading A Agency Contact @ for that rule.

## CONTENTS

vi Page



### Preface

................................ ................................ ................................ ................................ .......... iii

I. Rules

(A) Final Rules

1. Miscellaneous Administrative Changes (Parts 2, 10, 20, 25, 26, 30, 34,

40, 50, 54, 70, 71, 72, 95, 110, and 150 )

................................ ............................... 1

2. Public Records (Part 9 )

................................ ................................ ........................... 1

3. Domestic Licensing of Prod uction and Utilization Facilities; Updates to

Incorporation by Reference of Regulatory Guides (Part 50 )

................................ .. 2

4. Consideration of Environmental Impacts of Temporary Storage of Spent

Fuel After Cessation of Reactor Operation and Waste Confidence

Decision Update (Part 5 1 )

................................ ................................ ....................... 2

5

. List of Approved Spent Fuel Storage Casks: NUHOMS ® HD System,

Revision 1 (Part 72 )

................................ ................................ ................................ 3

6

. List of Approved Spent Fuel Storage Casks: MAGNASTOR System,

Revision 1 (Part 72)

................................ ................................ ................................ 3

7

. List of Approved Sp ent Fuel Storage Casks: NAC

- MPC System,

Revision 6 (Part 72)

................................ ................................ ................................ 4

(B) Proposed Rules

8

. Decommissioning Planning (Parts 20, 30, 40, 50, 70, and 72 )

.............................. 7

9

. Expansion of the National Source Tracking System (Part s 2 0 and 32 )

................. 7

10

. Requirements for Distribution of Byproduct Material (Parts 30, 31, 32,

40, and 70)

................................ ................................ ................................ .............. 8

11

. Physical Protection of Byproduct Material (Parts 30, 32, 33, 34, 35, 37, 39,

51, 71, and 73 )

. ................................ ................................ ................................ ....... 8

12

. Licenses, Certifications, and Approvals for Material Licensees (Parts 30,

36, 39, 40, 51, 70, and 150)

................................ ................................ .................... 9

## CONTENTS

vii ( B ) Proposed Rules (con’t)

1 3

. Limiting the Quantity of Byproduct Material in a Generally License d Device

(Part 31)

................................ ................................ ................................ ................ 10

1 4

. Medical Use of Byproduct Material

- Amendments/Medical Event

Definition (Part 35)

................................ ................................ ................................ 10

1 5

. Transfer s of Certain Source Materials by Specific Licensees (Part 40)

............... 11

16. Distribution of Source Material to Exempt Persons and Gene ral Licensees

and Revision of General License and Exemptions (Part 40)

............................... 12

17. Requirements for Fingerprint

- Based Criminal History Records Checks

for Individuals Seeking Unescorted Access to Research or Test

Reactors (Part 73)

................................ ................................ ................................ . 13

1 8

. Incorporation by Reference of 2005 Addenda Through 2008 Edition

of ASME Code (Part 50)

................................ ................................ ....................... 13

1 9

. Risk

- Informed Changes to Loss

- of

- Coolant Accident Technical

Requirements (Part s 50 and 52 )

................................ ................................ ........... 1 4

20

. Enhancements to Emergency Preparedness Regulations and

Guidance (Part s 50 a nd 52 )

................................ ................................ .................. 1 5

2 1

. Update Fuel Performance Considerations and Other Fuel Cycle

Issues (Part 51)

................................ ................................ ................................ ..... 1 6

2 2

. Environmental Effect of Renewing the Operating License of a Nuclear

Power Plant (Part 51)

................................ ................................ ............................ 1 7

23. U.S. Advanced Boiling Water Reactor (ABWR) Aircraft Impa ct

Design Certification Amendment (Part 52)

................................ ........................... 17

2 4

. Security Requirements for Geological Repository Operations Area

(GROA) (Parts 60, 63, 73, and 74)

................................ ................................ ....... 1 8

25. Advance Notification to Native American Tribes of Transportation of Certain

Types of Nuclear W aste (Parts 71 and 73)

................................ .......................... 18

2 6

. License and Certificate of Compliance Terms (Part 72)

................................ ...... 1 9

27. Physical Protection of Irradiated Reactor Fuel In

Transit (Part 73 )

................................ ................................ ................................ .... 20

## CONTENTS

viii (C) Advance Notices of Proposed Rulemaking (ANPRM)

2 8

. Entombment Options for Power R eactors (Parts 20 and 50)

............................... 2 1

29

. Performance

- Based Emergency Core Cooling System Acceptance

Criteria (Part 50 )

................................ ................................ ................................ .... 2 1

3 0

. Approach to Risk

- Informed, Performance

- Based Requirements for

Nuclear Power Plants (Part 50)

................................ ................................ ............ 2 2

3 1

. Variable Annual Fee S tructure for Power Reactors (Part 171)

............................ 2 3

(D) Unpublished Rules

3 2

. Revision to Petition for Rulemaking Process (Part 2)

................................ .......... 2 5

3 3

. Amendments to Adjudicatory Process Rules and Related

Requirements (Part s 2 , 51, 54, 60, and 63 )

................................ ......................... 2 5

3 4

. ITAAC Maintenance (Parts 2 and 52)

................................ ................................ ... 2 5

3 5

. Controlling the Disposition of Solid Materials (Part 20)

................................ ........ 2 6

3 6

. Material Control and Accounting of Special Nuclear Material

(P arts 20, 40, 50, 63, 70, 74, 76, and 110)

................................ ........................... 2 6

3 7

. Geological Repository Operations Area (GROA) Fitness

- for

- Duty

Requirements (Part 26 )

................................ ................................ ......................... 2 7

3 8

. Fitness

- f or

- D uty Programs (Part 26)

................................ ................................ ..... 2 7

39

. Fitness

- f or

- Duty (HHS Requirements) (Part 26)

................................ ................... 28

4 0

. Preceptor Atte station Requirements (Part 35)

................................ ...................... 28

4 1

. Uranium in Drinking Water (Part 40)

................................ ................................ .... 29

4 2

. Groundwater Protection In Situ Leach Uranium Recovery

Facilities (Part 40)

................................ ................................ ................................ . 29

## CONTENTS

ix (D) Unpublished Rules (con’t)

4 3

. Integrated Safety Analysis for Uranium Conversion and D econversion

Facilities (Part 40)

................................ ................................ ................................ . 3 0

4 4

. Integrated Rulemaking for Decommissioning Nuclear Power

Reactors (Part 50)

................................ ................................ ................................ . 3 0

4 5

. Modifications to Pressure

- Temperature Limits and Reactor Vessel

Material Surveillance Program Requirements (Part 50)

................................ ....... 3 1

4 6

. Dec oupling of Assumed Loss of Offsite Power (LOOP) From Loss

of

- Coolant Accident (LOCA) (Part 50)

................................ ................................ .. 3 2

4 7

. Incorporation by Reference of Revisions of ASME Regulatory

Guides (Part 50)

................................ ................................ ................................ .... 3 3

4 8

. Implementation of the New Reactor Licensing Process; Incorporation of

Lessons Learned (Part 52)

................................ ................................ ................... 3 3

49

. AP1000 Design Certification Amendment (Part 52)

................................ ............. 3 4

5 0

. U.S. Evolutionary Power Reactor (EPR) Design Certification

Amendment (Part 52)

................................ ................................ ............................ 3 4

5 1

. U.S. Advanced Pressurized Water Reactor ( US

- APWR) Design

Certification Amendment (Part 52)

................................ ................................ ....... 3 5

5 2

. Economic Simplified Boiling

- Water Reactor (ESBWR) Design

Certification (Part 52)

................................ ................................ ............................ 3 5

5 3

. Disposal of Unique Waste Streams* (Part 61)

................................ ..................... 3 6

5 4

. Revise Part 71 for IAEA and DOT Compatibility (Part 71)

................................ ... 3 6

55. List of Approved Spe nt Fuel Storage Casks: NUHOMS ® HD System,

Revision 1* (Part 72)

................................ ................................ ............................. 3 7

5 6

. List of Approved Spent Fuel Storage Casks: Holtec HI

- Storm

Flood/Wind Addition* (Part 72)

................................ ................................ ............. 3 7

57. List of Approved Spent Fuel Storage Casks: MAGNASTOR,

Revision 2* (Part 72)

................................ ................................ ............................. 3 8

## CONTENTS

x (D) Unpublished Rules (con’t)

58

. ISFSI Security Requirements for Radiological Sabotage

(Part s 72 and 73 )

................................ ................................ ................................ .. 38

59

. Enhanced Weapons, Firearms Background Checks, and Security

Event Notification (Part 73)

................................ ................................ ................... 39

60

. Access Authorization and Physical Pro tection Requirements For

Nuclear Power Plant Construction (Part 73)

................................ ......................... 4 0

6 1

. Sabotage of Nuclear Facilities, Fuel or Designated Material (Part 73)

................ 4 0

62. Revision of Fee Schedules: Fee Recovery for FY 2011*

(Parts 170 and 171)

................................ ................................ .............................. 4 1

II. Petitions for Rulemaking

(A) Final Actions on Petitions for Rulemaking

1. Nuclear Energy Institute (PRM

- 7 0

- 8 )

................................ ................................ .... 4 3

(B) Pending Petitions for Rulemaking

2

. Professional Reactor Operator Society (PRM

- 26

- 3)

................................ ............ 4 5

3. California Association of Marriage and Family

Therapist s* (PRM

- 26

- 4)

................................ ................................ ........................ 45

4. Anthony R. Pietrangelo on Behalf of the

Nuclear Energy Institute * (PRM

- 26

- 5)

................................ ................................ .. 46

5. Erik Erb* (PRM

- 26

- 6)

................................ ................................ ............................ 46

6

. Organization of Agreement States (PRM

- 31

- 05)

................................ .................. 4 6

7

. Association of State and Territorial Solid Waste Management

Official s (PRM

- 32

- 06)

................................ ................................ ........................... 4 7

8

. James Luehman (PRM

- 50

- 92 )

................................ ................................ ............. 4 7

## CONTENTS

xi (B) Pending Petitions for Rulemaking (con’t)

9

. Mark Leyse* (PRM

- 50

- 93) and Mark Leyse and Raymond Shadis on

Behalf of the New England Coalition* (PRM

- 50

- 95)

................................ ............. 4 8

10

. Sherwood Martinelli (PRM

- 50

- 94)

................................ ................................ ......... 49

11. Daniel Kane (PRM

- 51

- 13)

................................ ................................ ..................... 49

12. Earth Day Commitment/Friends of the Coast, Beyond Nuclear,

Seacoast Anti

- Pollution League, C

- 10 Research and Education

Foundation, Pilgrim Watch, and New England Coalition*

(PRM

- 54

- 6)

................................ ................................ ................................ ............ 50

13. Francis Slakey on Be half of the American Physical

Society* (PRM

- 70

- 9)

................................ ................................ ............................. 50

14. C

- 10 Research and Education Foundation, Inc., (PM

- 72

- 6)

................................ 51

## (A) Final Rules

### NRC Regulatory Agenda Final Rules

1 1

. Miscellaneous Administrative Changes (Parts 2, 10, 20, 25, 26, 30, 34, 40, 50, 54, 70,

71, 72, 95, 110, and 150)

RIN: 3150

- AH49

Docket ID: NRC

- 2009

- 0085

Abstract: The final rule amends the Commission = s regulations to make miscellaneous

administrative changes, including an update of the list of Agreement and Non

- Agreement States, the

merging of the Region II materials program with that of Region I, the correction of office titles

associated with the Office of Nuclear Material Safety and Safeguards and the Office of Federal and

State Materials and Environmental Management Programs, the inclusion of references to new

Executive Order 13526, and other edits, corrections, and conforming changes. This document is

necessary to inform the public of these chang es to the NRC’s regulations.

Final Action: Final Rule Published 11/30/10 75 FR 73935

Final Rule Effective 12/30/10

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Angella Love

- Bl air, Office of Administration

,

(301) 4 92

- 3671; e

- mail : Angella.Love

- Blair@ nrc.gov

2

. Public Records (Part 9)

RIN : 3150

- AI87

Docket ID: NRC

- 2010

- 0157

Abstract: The final rule amends the Commission ’s regulations by chang ing its fees for

search ing and review ing agency records by NRC personnel. This document is necessary to inform

the public of these changes

.

Timetable: Final Rule Published 07/16/10 75 FR 41368

Final Rule Effective 08/16/10

Legal Authority: 42 USC 2201; 42 USC 5841

Effects o n Small Business and Other Entities : None

Agency Contact: Becky Wood, Office of Information Services

,

(301) 415

- 6968; e

- mail: Becky.Wood@nrc.gov

### Final Rules NRC Regulatory Agenda

2 3. Domestic Licensing of Production and Utilization Facilities; Updates to

Incorporation by Reference of Regulatory Guides (Part 50)

RIN : 3150

- AI37

Docket ID: NRC

- 2009

- 0014

Abstract: The final rule amends the Commission’s regulations to incorporate by reference

recent revisions of regulatory guides (RG ) 1.84, Revision 35, and RG 1 .147, Revision 16 listing

NRC

- approved American Society of Mechanical Engineers Boiler and Pressure Vessel Code Cases

pertaining to in

- service inspection draft guide (DG ) 1134 and design, fabrication, and materials

( DG

- 1133 ) in nuclear power reactors.

Fin al Action: Final Rule Published 10/05/10 75 FR 61321

Final Rule Effective 11/04/10

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Manash K. Bagchi, Office of Nuclear Reactor Regulat ion,

(301) 415

- 2905 ; e

- mail: Manash.Bagchi @nrc.gov

4

. Consideration of Environmental Impacts of Temporary Storage of Spent Fuel After

Cessation of Reactor Operation and Waste Confidence Decision Update (Part 51)

RIN : 3150

- AI47

Docket ID: NRC

- 2008

- 0404

- NRC

- 2008

- 0482

Abstract: The final rule amends the Commission’s regulations by revising its generic

determinations on the timing of the availability of a geologic repository for commercial high

- level

radioactive waste and spent nuclear fuel, and on the environmental impacts of storage of spent fuel

at or away from reactor sites after the expiration of reactor operating licensing.

Final Action: Final Rule Published 12/23/10 75 FR 81032

Final Rule Effective 01/24/11

Legal Authority: 42 USC 2 201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Tison A. Campbell, Office of the General Counsel

,

(301) 415

- 8579; e

- mail: Tison.Campbell@nrc.gov

Lisa G. London, Office of the General Counsel

, (301) 415

- 3233; e

- mail: Lisa.London @nrc.gov

### NRC Regulatory Agenda Final Rules

3 5

. List of Approved Spent Fuel Storage Casks: NUHOMS ® HD System, Revision 1

(Part 72)

RIN : 3150

- AI75

Docket ID : NRC

- 2009

- 0538

Abstract: This direct final rule amends the Commission's regulations that apply to storage of

spent fuel by revising the Transnuclear, Inc. (TN) NUHOMS ® HD System dry cask storage system

listing within the A List of Approved Spent Fuel Storage Casks @ to include Amendment No. 1 to

Certificate of Compliance (CoC) Number 1030. Amendment No. 1 will mod ify the CoC to add

Combustion Engineering 16x16 class fuel assemblies as authorized contents, reduce the minimum

ambient temperature from

- 20oF to

- 21oF, expand the authorized contents of the NUHOMS ® HD

System to include pressurized water reactor fuel asse mblies with control components; reduce the

minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium

- 235 to 0.2 weight

percent uranium

- 235; clarify the requirements of reconstituted fuel assemblies, add requirements to

qualify metal mat rix composite neutron absorbers with integral aluminum cladding, delete use of

nitrogen for draining the water from the dry shielded canister (DSC), and allow only helium as a

cover gas during DSC cavity water removal operations ; and make corresponding cha nges to the

technical specifications

.

Final Action: Direct Final Rule Published 05/06/10 75 FR 24786

Direct Final Rule Effective 07/20/10

Proposed Rule Published 05/07/10 75 FR 25120

Comment Period Closed 06/07/10

Direct Final Rule With drawal 07/16/10 75 FR 41369

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Jayne McCausland, Office of Federal and State Materials and

Environmental Management Programs

, (310) 415

- 6219; e

- mail: Jayne.McCausland@nrc.gov

6. List of Approved Spent Fuel Storage Casks: MAGNASTOR System, Revision 1

(Part 72)

RIN : 3150

- AI86

Docket ID: NRC

- 2010

- 0140

Abstract: The direct final rule amend s the Commission’s regulations to its spent fuel stor age regulations by revising the NAC International Inc. MAGN A STOR System listing within the “List of

Approved Spent Fuel Storage Casks” to include Amendment No. 1 to Certificate of Compliance

N umber 1031. Amendment No. 1 to the MAGNASTOR System CoC will ch ange technical

### Final Rules NRC Regulatory Agenda

4 specifications (TS) related to neutron absorber qualification and acceptance testing. Specifically,

the amendment will revise TS 4.1.1.b and incorporate by reference into the MAGNASTOR CoC,

Sections 10.1.6.4.5, 10.1.6.4.6, 10.1.6.4.7, and 1 0.1.6.4.8 of the Final Safety Analysis Report

regarding acceptance testing of borated aluminum alloy and borated metal matrix composite neutron

absorber material. This amendment will also include other changes in Appendices A and B of the

TS to incorporat e minor editorial changes.

Timetable: Direct Final Rule Published 06/15/10 75 FR 33678

Direct Final Rule Effective 08/30/10

Proposed Rule Published 06/15/10 75 FR 33736

Comment Period Closed 07/15/10

Confirmation of Effective Date Pub lished 08/16/10 75 FR 49813

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Jayne McCausland, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 6219; e

- mail: Jayne.McCausland @nrc.gov

7

. List of Approved Spent Fuel Storage Casks: NAC

- MPC System, Revision 6

(Part 72)

RIN : 3150

- AI88

Docket ID: NRC

- 2010

- 0183

Abstract: The direct final rule amends the Commission’s regulations by revising the NAC

Int ernational, Inc., NAC

- MPC System listing within the “ List of Approved Spent Fuel Storage Casks ”

to include Amendment No. 6 to Certificate of Compliance Number 1025. Amendment No. 6 include s changes to the configuration of the NAC

- MPC storage system as not ed in Appendix B of the

Technical Specifications

.

Timetable: Direct Final Rule Published 07/21/10 75 FR 42292

Direct Final Rule Effective 10/04/10

Proposed Rule Published 07/21/10 75 FR 42339

Comment Period Closed 08/20/10

Confirmatio n of Effective Date Published 09/23/10 75 FR 578 41

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

### NRC Regulatory Agenda Final Rules

5 Agency Contact: Jayne McCausland, Office of Federal and State Materials and

Environmental Management Pro grams,

(301) 415

- 6219; e

- mail: Jayne.McCausland @nrc.gov

## (B) Proposed RulesNRC Regulatory Agenda Proposed Rules

7 8

. Decommissioning Planning (Parts 20, 30, 40, 50, 70, and 72)

RIN: 3150

- A I55

Docket ID: NRC

- 2008

- 0030

Abstract: The proposed rule would amend the Commission = s regulations to prevent future

legacy sites. One set of changes would revise 10 CFR 20.1406 a nd 20.1501 to require that

licensees conduct their operations to minimize contamination at the site, including the subsurface,

and to document survey results with records important for decommissioning. A second set of

changes would revise regulations in 1 0 CFR Parts 30, 40, 50, 70, and 72 to provide tighter control of

decommissioning financial assurances and more detailed reporting by licensees of their

decommissioning cost estimates. This rule was previously reported under RIN 3150

- AH45

.

Final Action : Proposed Rule Published 01/31/08 73 FR 3811

Comment Period Closed 04/07/08

Extension of Commend Period Published 03/20/08 73 FR 14946

Comment Period Closed 05/08/08

Final Rule Published 05/00/11

Legal Authority: 42 USC 2201; 42 US C 5841

Effects on Small Business and Other Entities: None

Agency Contact: Robert D. MacDougall , Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 5175 ; e

- mail: Robert.MacDougall @nrc.gov

9

. Expansion of the Na tional Source Tracking System (Parts 20 and 32)

RIN : 3150

- AI29

Docket ID: NRC

- 2008

- 0200

Abstract: The proposed rule would amend the Commission’s regulations to expand the current

National Source Tracking System (NSTS) to include certain additional seal ed sources at

International Atomic Energy Agency Category 3 threshold values . The proposed amendments would

require licensees to report certain transactions involving these sealed sources to the NSTS. These

transactions would include the manufacture, tran sfer, receipt, disassembly, or disposal of the

nationally tracked source. The proposed amendment would also require each licensee to provide its

initial inventory of nationally tracked sources to the NSTS and annually verify and reconcile the

information in the system with the licensee's actual inventory. In a Staff Requirements

Memorandum dated June 30, 2009, the Commission was unable to reach a decision on the staff’s

recommendation to publish the final rule and, therefore, the recommendation was not ap proved.NRC Regulatory Agenda Proposed Rules

8 Final Action : Proposed Rule Published 04/11/08 73 FR 19749

Comment Period Closed 06/25/08

Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Naiem S. Tanious

, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 6103 ; e

- mail: Naiem.Tanious @nrc.gov

10. Requirements for Distribution of Byproduct Material (Parts 30, 31, 32, 40, and 70)

RIN: 3150

- AH91

Docket ID: NRC

- 2008

- 0338

Abstract: The proposed rule would amend the Commission = s regulations by making the

requirements for distributors of byproduct material more explicit, less prescriptive, and more risk

informed, and redefine categories of devices to be used under exemption.

Final Action: Proposed Rule Published 06/24/10 75 FR 36211

Comment Period Closed 09/07/10

Final Rule Published 02/00/12

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: N one

Agency Contact: Catherine Mattsen, Office of Federal and State Materials and

Environmental Management Programs

, (301) 415

- 6264, e

- mail: Catherine.Mattsen@nrc.gov

11

. Physical Protection of Byproduct Material (Part s 30, 32, 33, 34, 35, 37, 39, 51, 71,

and 73)

RIN: 3150

- AI12

Docket ID: NRC

- 2008

- 0120NRC Regulatory Agenda Proposed Rules

9 Abstract: The proposed rule would amend the Commission = s regulations to put in place

security requirements for the use of C ategory 1 and C ategory 2 quantities of radioactive material.

The objecti ve is to ensure that effective security measures are in place to prevent the dispersion of

radioactive material for malevolent purposes. The proposed amendment would also address

background investigations and access controls, enhanced security for use, an d transportation

security for C ategory 1 and C ategory 2 quantities of radioactive material. This rulemaking

subsumes RIN

- 3150

- AI56, “ Requirements for Fingerprinting and Criminal History Record Checks for

Unescorted Access to Radioactive Material and Other Property (Part 37) .”

Timetable: Proposed Rule Published 06/15/10 75 FR 33901

Comment Period Closed 10/13/10

Extension of Comment Period Published 10/08/10 75 FR 62330

Comment Period Closed 01/18/11

Final Rule Published 06/00/12

Le gal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: Yes

Agency Contact: Merri Horn, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 8126; e

- mail: Merri.Horn @nrc.gov

12

. L icen ses, Certifications, and Approvals for Material Licensees (Parts 30, 36, 39, 40, 51,

70, and 150)

RIN : 3150

- AI79

Docket ID: NRC

- 2010

- 0075

Abstract: The proposed rule would amend the Commission’s regulations to resolve

inconsistencies that currently exis t between various parts of 10 CFR with respect to the terms

“construction” and “commencement of construction.” This action would also correct a typographical

error in 10 CFR Part 39.

Timetable: Proposed Rule Published: 07/27/10 75 FR 43865

Comment P eriod Closed 09/27/10

Comment Period Reopened 09/30/10 75 FR 60341

Comment Period Closed 11/29/10

Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841NRC Regulatory Agenda Proposed Rules

10 Effects on Small Business and Other Entities : None

Agency Conta ct: Tracey L. Stokes, Office of the General Coun se l,

(301) 415

- 1064; e

- mail: Tracey.Stokes@nrc.gov

1 3

. Limiting the Quantity of Byproduct Material in a Generally Licensed Device (Part 31)

RIN : 3150

- AI33

Docket ID: NRC

- 2008

- 0272

Abstract: The pro posed rule would amend the Commission’s regulations to limit the quantity of

byproduct material in generally licensed devices to below one

- tenth (1/10) of the International

Atomic Energy Agency Code of Conduct’s Category 3 threshold. The rule also would m odify the

compatibility categories contained in the current regulations (10 CFR 31.5 and 31.6) from “B” to “C.”

The Commission disapproved the publication of the final rule, but approved the change in

compatibility categories for 10 CFR 31.5 and 31.6.

Fin al Action: Proposed Rule Published 08/03/09 74 FR 38372

Comment Period Closed 10/19/09

Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Solomon Sahle, O ffice of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 0664; e

- mail: Solomon.Sahle@nrc.gov

1 4

. Medical Use of Byproduct Material

- Amendments/Medical Event Definition (Part 35)

RIN : 3150

- AI26

Docket ID: NR C

- 2008

- 0071

Abstract: The proposed rule would amend the Commission = s regulations that govern medical

use of byproduct material related to reporting and notifications of medical events to clarify

requirements for permanent implant branchytherapy.

Final Ac tion: Proposed Rule Published 08/06/08 73 FR 45635

Comment Period Closed 10/20/08NRC Regulatory Agenda Proposed Rules

11 Extension of Comment Period Published 10/06/08 73 FR 58063

Comment Period Closed 11/07/08

Proposed Rule Republished Undetermined

Final Rule Publish ed Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Edward M. Lohr, Office of Federal and State Materials and

Environmental Management Programs

, (301) 415

- 0253; e

- mail: Edward .Lohr@nrc.gov

1 5

. Transfers of Certain Source Materials by Specific Licensees (Part 40 )

RIN: 3150

- AG64

Docket ID: NRC

- 2002

- 0013

Abstract: The proposed rule would amend the Commission = s regulations to require NRC

approval for transfers from licensee s of unimportant quantities of source material (less than 0.05

percent by weight) to persons exempt from licensing requirements. The objective of this proposed

action is to ensure that the regulations regarding transfers of materials containing low

concen trations of source material are adequate to protect public health and safety. Publication of

the final rule is being delayed until certain related issues are resolved to minimize the possibility of

future inconsistencies in the regulations.

Final Action: Proposed Rule Published 08/28/02 67 FR 55175

Comment Period Closed 11/12/02

Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Gary C. Comfort, Jr., Off ice of Federal and State Materials and

Environmental Management Programs

, (301) 415

- 8106 ; e

- mail : Gary.Comfort @nrc.govNRC Regulatory Agenda Proposed Rules

12 16

. Distribution of Source Material to Exempt Persons and General Licensees and

Revision of General License and Exemptions (Part 40 )

RIN: 3150

- AH15

Docket ID: NRC

- 2009

- 0084

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 estimat es 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

par ticularly 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 i n 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 10 CFR 40.22 could

result in exposures above 1 m Sv/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 lice nsees. This rule also

would address Petition for Rulemaking, P RM

- 40

- 27

, submitted by the State of Colorado and

Organization of Agreement States.

Final Action: Proposed Rule Published 07/26/10 75 FR 43425

Comment Period Closed 11/23/10

Extensi on of Comment Period Published 11/18/10 75 FR 70618

Comment Period Closed 02/15/11

Final Rule Published 12/00/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Gary C. Comfort, Jr., Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 8106 ; e

- mail: Gary. Comfort @nrc.govNRC Regulatory Agenda Proposed Rules

13 17

. Requirements for Fingerprint

- Based Criminal History Records Checks for Individuals

Seeking Unescorted Access to Resea rch or Test Reactors (Part 73)

RIN : 3150

- AI25

Docket ID: NRC

- 2008

- 0619

Abstract: The proposed rule would amend the Commission = s regulations to r equire research

and test reactor licensees (also called nonpower reactor licensees) to obtain a fingerprint

- b ased

criminal history records check before granting any individual unescorted access to their facilities.

This action is necessary to comply with the requirements of Section 652 of the Energy Policy Act of

2005, which amended Section 149 of the Atomic Ene rgy Act of 1954, as amended, to require

fingerprinting and a Federal Bureau of Investigation identification and a criminal history records

check of any person who is permitted unescorted access to a utilization facility

. The c omment

period was reopened fo llowing an external stakeholder request.

Final Action: Proposed Rule Published 07/20/10 75 FR 4200

Comment Period Closed 10/04/10

Comment Period Reopened 12/20/10 75 FR 79312

Comment Period Closed 01/31/11

Final Rule Published 12/00/11

Le gal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Timothy Reed, Office of Nuclear Reactor Regulation,

(301) 415

- 1462 ; e

- mail: Timothy.Reed @nrc.gov

1 8

. Incorporation by Reference of 2005 Adde nda Through 2008 Edition of ASME Code

(Part 50)

RIN : 3150

- AI35

Docket ID: NRC

- 2008

- 0554

Abstract: The proposed rule would incorporate by reference into 10 CFR 50.55a of the

Commission’s regulations the 2005 through 2008 Addenda of the American Society of Mechanical

Engineers Boiler and Pressure Vessel Code.

Final Action: Proposed Rule Published 05/04/10 75 FR 24324

Comment Period Closed 07/19/10

Final Rule Published UndeterminedNRC Regulatory Agenda Proposed Rules

14 Legal Authority: 42 USC 2201; 42 USC 584 1

Effects on Small Business and Other Entities : None

Agency Contact: L. Mark Padovan, Office of Nuclear Reactor Regulation,

(301) 415

- 1423; e

- mail: Mark.Padovan@nrc.gov

1 9

. Risk

- Informed Changes to Loss

- of

- Coolant Accident Technical Requirements

(Part s 50 and 52 )

RIN: 3150

- AH29

Docket ID: NRC

- 2004

- 0006

Abstract: The proposed rule would amend the Commission's regulations to allow for a risk

informed alternative to the present loss

- of

- coolant accident break size. This rulemaking would

address a petition for rulemaking submitted by the Nuclear Energy Institute (NEI) (PRM

- 50

- 75). The

final rule was provided to the Commission on December 10, 2010

, in SECY

- 10

- 0161.

The NRC staff provided an initial draft final rule to the Advisory Committee on Re actor

Safeguards (ACRS) on October 16, 2006. After reviewing the draft rule, the ACRS informed the

Commission of numerous technical and policy concerns and recommended that the rule not be

issued. The staff prepared a Commission paper (SECY

- 07

- 0082; May 16, 2007) to inform the

Commission of the impact of the ACRS recommendations and to request guidance before

proceeding with the rule. The Commission provided its guidance in a Staff Requirements

Memorandum on August 10, 2007. On April 1, 2008, the staff provided an updated rule schedule to

the Commission. In a meeting on August 6, 2008, selected NRC managers approved the staff's

recommended resolution of the open issues related to the final rule. The staff prepared draft rule

language incorporating the new positions into the rule and adding additional requirements for

defense

- in depth for pipe breaks larger than the transition break size

. The OGC reviewed the

revised rule language and recommended that portions of the rule be re

- noticed to provide an

opp ortunity for public comments on some of the new rule requirements. In a meeting on October 8,

2008, NRC managers decided to repropose the entire rule. On December 18, 2008, the EDO

signed a memorandum informing the Commission that the staff will re

- notic e the S ection 50.46a rule

for additional public comments in August 2009. The staff discussed the revised proposed rule with

the ACRS on May 6

- 7, 2009

, and then published the rule on August 10, 2009 (74 FR 40006). On

September 24, 2009, in response to a r equest from NEI, the NRC extended the public comment

period by 120 days to close on January 22, 2010 (74 FR 48667). The NRC evaluated the public

comments and prepared draft final rule language which was posted on Regulations.gov on May 12,

2010. A public meeting was held on June 4, 2010, to discuss resolution of public comments and the

draft rule language. The staff discussed the rule with the ACRS in September and October of 2010.

In its letter of October 20, 2010, the ACRS concluded that the rule was a n acceptable alternative for

operating reactors. The final rule was provided to the Commission on December 10, 2010 (SECY

0161).NRC Regulatory Agenda Proposed Rules

15 Final Action: Proposed Rule Published 11/07/05 70 FR 67597

Comment Period Closed 02/06/06

Extension of Comment Period P ublished 01/25/06 71 FR 4061

Comment Period Closed 03/08/06

Supplemental Proposed Rule Published 08/10/09 74 FR 40006

Comment Period Closed 09/24/09

Extension of Comment Period Published 09/24/09 74 FR 48667

Comment Period Closed 01/22/10

Final Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Richard F. Dudley, Office of Nuclear Reactor Regulation,

(301) 415

- 1116 ; e

- mail : Richard.Dudley@nrc. gov

20

. Enhancements to Emergency Preparedness Regulations and Guidance (Parts 50

and 52)

RIN: 3150

- AI10

Docket ID: NRC

- 2008

- 0122

Abstract: The proposed rule would amend the Commission's regulations to enhance the

emergency preparedness regulation s to address concerns post September 11, 2001, as well as

improve the emergency preparedness process. It would codify certain voluntary protective

measures that appear in NRC ’s Bulletin 2005

- 02, “Emergency Preparedness and Response Actions

for Security

- Ba sed Events,” dated July 18, 2005, and other generically applicable requirements

similar to those previously imposed by Commission orders. In addition, the proposed rule would

amend other licensee emergency plan requirements based on a comprehensive review of the

NRC’s Emergency Preparedness ( EP ) regulations and guidance. The requirements (1) enhance a

licensee’s ability to prepare and take certain EP actions and protective measures in the event of a

radiological emergency; (2) address, in part, security

- r elated EP issues identified after the terrorist

events of September 11, 2001; (3) clarify regulations to effect consistent emergency plan

implementation among licensees; and (4) modify certain EP requirements to be more effective and

efficient.

Final Acti on: Proposed Rule Published 05/18/09 74 FR 23254

Comment Period Closed 08/03/09

Extension of Comment Period Published 06/11/09 74 FR 27724

Extension of Comment Period Closed 10/19/09NRC Regulatory Agenda Proposed Rules

16 Final Rule Published 12/ 00/1 1

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Lauren Quiñones

- Navarro, Office of Nuclear Reactor Regulation,

(301) 415

- 2007 ; e

- mail: Lauren.Quiñones @nrc.gov

2 1

. Update Fuel Performance Considerations and O ther Fuel Cycle Issues (Part 51 )

RIN: 3150

- AA31

Docket ID: NRC

- 2009

- 0082

Abstract: The proposed rule would amend the Commission = s regulations by addressing

uranium fuel cycle environmental data (Table S

- 3) and the environmental effects of transportation of

fuel and waste data (Table S

- 4). In ' 51.51, the environmental data would be re

- estimated and

reflect changes in the structure and activities of the fuel cycle and the availability of better data.

Estimates of releases of Radon

- 222 and Technetium

- 99 would be added to Table S

- 3. The addition

of a specific value for Radon

- 222 would address the outstanding portion of petition for rulemaking

PRM

- 51

- 1, submitted by the New England Coalition on Nuclear Pollution. To provide immediate

relief to the petitio ner ’ s request, the Commission published a final rule on March 14, 1977 (42 FR

13803), that removed the original value for Radon

- 222 from Table S

- 3 so that it became subject to

case

- specific litigation. It was anticipated that the Commission would add a sp ecific value for

Radon

- 222, but the Commission deferred action until a general updating of Table S

- 3 is undertaken.

For ' 51.52, the environmental impact estimates would be re

- estimated to reflect the use of more

highly enriched fuel and discharge of more highly irradiated fuels from a reactor; as well as many

changes needed to update fuel cycle process and technologies.

This rulemaking would result in current and more accurate estimates of the environmental

impact of licensing a new plant, and would elimi nate the requirement to review the contribution to

environmental impacts from Radon

- 222 and Technetium

- 99 in individual plant reviews. This rule

would be reissued as a proposed rule, and would update the initial rulemaking effort to address

newly emerging issues and research.

Final Action : Proposed Rule Published 03/04/81 46 FR 15154

Comment Period Closed 05/04/81

Proposed Rule Published Undetermined

Legal Authority: 42 USC 2011; 42 USC 2201; 42 USC 4321; 42 USC 5841; 42 USC 5842

Effects on Small Business and Other Entities: NoneNRC Regulatory Agenda Proposed Rules

17 Agency Contact: Stewart Schneider, Office of Nuclear Reactor Regulation,

(301) 415

- 4123 ; e

- mail : Stewart.Schneider @nrc.gov

2 2

. Environmental Effect of Renew ing the Operating License of a Nuclear Power Plant

(Part 51)

RIN : 3150

- AI42

Docket ID: NRC

- 2008

- 0608

Abstract: The proposed rule would amend the Commission's regulations that provide the

environmental protection requirements for renewing nuclear power plant operating licenses. The

regulations require that li censees consider the impact that the licensing action could have on the

human environment.

Final Action: Proposed Rule Published 07/31/09 74 FR 38117

Comment Period Closed 10/14/09

Extension of Comment Period Published 10/07/09 74 FR 51522

E xtension of Comment Period Closed 01/12/10

Final Rule Published 02/00/12

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Stewart Schneider, Office of Nuclear Reactor Regulation,

(3 01) 415

- 4123 ; e

- mail: Stewart.Schneider @nrc.gov

23

. U.S. Advanced Boiling Water Reactor ( ABWR ) Aircraft Impact Design Certification

Amendment (Part 52)

RIN : 3150

- AI84

Docket ID: NRC

- 2010

- 0134

Abstract: The proposed rule would amend the Commission ’s regulations in Appendix A,

“Design Certification Rule for the U.S. Advanced Boiling Water Reactor” to 10 CFR Part 52,

“Licenses, Certifications, and Approvals for Nuclear Power Plants,” to comply with 10 CFR 50.150,

“Aircraft Impact Assessment.” Applic ants or licensees intending to construct and operate a nuclear

power plant using the ABWR design may comply with 10 CFR 50.150 by referencing the amended

design certification rule.NRC Regulatory Agenda Proposed Rules

18 Timetable: Proposed Rule Published 01/20/11 76 FR 3540

Comment Period Closed 04/05/11

Final Rule Published 12/00/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Nanette Gilles, Office of New Reactors,

(301) 415

- 1180; e

- mail: Nanette.Gilles@nrc.g ov

2 4

. Security Requirements for Geological Repository Operations Area (GROA) (Parts 60,

63, 73, and 74)

RIN: 3150

- AI06

Docket ID: NRC

- 2007

- 0670

Abstract: The proposed rule would amend the Commission = s regulations that would establish

post September 11, 2001, security and material control and accounting requirements for a geologic

repository operations area (GROA) to reflect the current threat environment. Due to budget

constraints in the High

- Level Waste program, the final rule is deferred until a later date.

Final Action: Proposed Rule Published: 12/20/07 72 FR 72521

Comment Period Closed 03/04/08

Extension of Comment Period Published 02/26/08 73 FR 10187

Comment Period Closed 05/05/08

Final Rule Published Undetermined

Lega l Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Merri L. Horn, Office of Federal and State Materials and

Environmental Management Programs

, (301) 415

- 8126 ; e

- mail : Merri.Horn @nrc.gov

25

. Adv ance Notification to Native American Tribes of Transportation of Certain Types of

Nuclear Waste (Parts 71 and 73)

RIN: 3150

- AG41NRC Regulatory Agenda Proposed Rules

19 Docket ID: NRC

- 1999

- 0005

Abstract: The proposed rule would amend the Commission’s regulations that govern

packaging and tran sportation of radioactive material and physical protection of plants and materials.

Specifically, the proposed amendments would require licensees to provide advance notification to

Federally recognized Tribal governments regarding shipments of irradiated r eactor fuel and certain

nuclear wastes for any shipment that passes within or across their reservations. The Tribal

government would be required to protect the shipment information as Safeguards Information.

Final Action: Proposed Rule Published 12/06/1 0 75 FR 75641

Comment Period Closed 02/22/11

Final Rule Published 12/0011

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Merri L. Horn, Office of Federal and State Materials and

Envi ronmental Management Programs,

(301) 415

- 8126; e

- mail: Merri.Horn @nrc.gov

2 6

. License and Certificate of Compliance Terms (Part 72)

RIN: 3150

- AI09

Docket ID: NRC

- 2008

- 0361

Abstract: The proposed rule would amend the Commission = s regulations that g overn licensing

requirements for the independent storage of spent nuclear fuel. These proposed amendments

include changes that would enhance the effectiveness and efficiency of the licensing process for

spent nuclear fuel storage. Specifically, they woul d clarify the term limits for dry storage cask

Certificates of Compliance (CoCs) and independent spent fuel storage installation (ISFSI) specific

licenses. The proposed amendments would also provide consistency between the general and

specific ISFSI licen se requirements, and allow general licensees subject to these regulations to

implement changes authorized by an amended CoC to a cask loaded under the initial CoC or an

earlier amended CoC

.

Final Action: Preliminary Draft Rule Language Published (PDRL) 08 /04/08 73 FR 45173

PDRL Comment Period Closed 03/31/08

Proposed Rule Published 09/15/09 74 FR 47126

Comment Period Closed 11/30/09

Final Rule Published UndeterminedNRC Regulatory Agenda Proposed Rules

20 Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Busines s and Other Entities: None

Agency Contact: Keith McDaniel, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 5252 ; e

- mail: Keith.McDaniel@ nrc.gov

27

. Physical Protection of Irradiated Reactor Fuel In Transit (Part 73)

RIN: 3150

- AI64

Docket ID: NRC

- 2009

- 0 163

Abstract : The proposed rule would amend the Commission's regulations by revising the

security (physical protection) requirements that are designed to provide reasonable assurance of

preventing the theft , d iversion , or radiological sabotage of spent fuel shipments. The proposed rule

would establish and update generically applicable security requirements similar to those previously

imposed by the Commission’s orders issued after the September 11, 2001, te rrorist attacks.

Timetable : Proposed Rule Published 10/13/10 75 FR 62695

Comment Period Closed 01/11/11

Extension of Comment Period Published 01/10/11 76 FR 1376

Comment Period Closed 04/11/11

Final Rule Published 12/00/11

Legal A uthority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Cardelia Maupin, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 2312, e

- mail: Cardelia.Maupin@nrc.gov

## (C) Advance Notices of Proposed Rulemaking (ANPRM)

### NRC Regulatory Agenda ANPRMs

21 2 8

. Entombment Options for Power Reactors (Parts 20 and 50 )

RIN: 3150

- AG89

Docket ID: NRC

- 2001

- 0012

Abstract: The advance notice of proposed rulemaking (ANPR M ) was published seeking

stakeholder input on three proposed regulatory options and whether ento mbment was a viable

decommissioning alternative. In SECY 02

- 0191 (October 25, 2002), NRC staff proposed deferring

the rulemaking until the Office of Nuclear Regulatory Research completed research to develop a

sound technical basis for an entombment option . T he Office of Nuclear Regulatory Research

conducted research in 2004 and 2005 , and the work was terminated in FY2005, at the direction of

the Commission. A research information letter was prepared summarizing the research results and

regulatory implica tions of using concrete barriers to prevent or control the release of radioactive

materials from waste disposal facilities or contaminated sites. T he staff is continuing to defer this

rulemaking activity.

Final Action: ANPR M Published 10/16/01 66 FR 5 2551

ANPR M Comment Period Closed 12/31/01

Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Kevin R. O = Sullivan, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 8112 ; e

- mail : Kevin.O ’ Sullivan @nrc.gov

29

. Performance

- Based Emergency Core Cooling System Acceptance Criteria (Part 50)

RIN: 3150

- AH42

Docket ID: NRC

- 2008

- 0332

Abstract: The ANPR M presents a conceptua l approach that the NRC is considering in a

rulemaking effort to revise the acceptance criteria for emergency core cooling systems (ECCSs) for

light

- water nuclear power reactors as currently required by NRC regulations that govern domestic

licensing of pro duction and utilization facilities. Revised ECCS acceptance criteria would reflect

recent research findings which identified new embrittlement mechanisms for fuel rods with zirconium

alloy cladding under loss

- of

- coolant conditions

. Further, the NRC is co nsidering an approach that

would expand the applicability of the rule to all current and future cladding materials, modify the

reporting requirements, and address the issues raised in a petition for rulemaking regarding crud

and oxide deposits and hydrogen content in fuel cladding. With this ANPR M , the NRC seeks

### ANPRMs NRC Regulatory Agenda

22 comment on specific questions and issues for consideration related to this proposed conceptual

approach to revising the ECCS acceptance criteria.

Final Action: ANPR M Published 08/ 1 3/09 74 FR 4 0765

ANPR M Comment Period Closed 10/27/09

Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Tara Inverso, Office of Nuclear Reactor Regulation,

(301) 415

- 1024; e

- mail : Tara.Inverso@nrc.gov

3 0

. Approach to Risk

- Inform ed , Performance

- Base d Requirement s for Nuclear Power

Plants (Part 50 )

RIN: 3150

- AH81

Docket ID: NRC

- 2006

- 0008

Abstract: The ANPR M would provide a new set of risk

- informed, perf ormance

- based

requirements for nuclear power plants. The Commission approved the staff’s recommendation to

defer rulemaking for risk

- informed and performance

- based P art 50 reactor requirements for

advanced reactors until after the development of the licen sing strategy for the Next Generation

Nuclear Plant (NGNP), or receipt of an application for a Pebble Bed M odular Reactor design

certification or combined license. The C ommission directed the staff to provide a recommendation

on initiating rulemaking 6 mo nths after the development of the licensing strategy for the NGNP is

finalized. The staff informed the Commission that it will defer rulemaking until after NGNP licensing

test review (approximately 2015

- 20 1 7).

Final Action : ANPR M Published 05/04/06 71 FR 26267

ANPR M Comment Period Closed 12/29/06

Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 58411

Effects on Small Business and Other Entities: None

Agency Contact: William D. Reckley ; Office of New Reactors

,

(301) 415

- 74 90 ; e

- mail : William.Reckley @nrc.gov

### NRC Regulatory Agenda ANPRMs

23 3 1

. Variable Annual Fee Structure for Power Reactors (Part 171)

RIN : 3150

- AI54

Docket ID: NRC

- 2008

- 0664

Abstract: The ANPR M was published seeking comments from the public on a possible variable

fee structure for Part 171 annual fees for power reactors based on licensed power limits. In SECY

09

- 0137 (October 13, 2009), the Commission approved the staff’s recommendation to establish an

NRC workgroup to analyze suggested methodologies for a variable annual fee struc ture for power

reactors.

Final Action: ANPR M Published 0 3 / 25 /09 74 FR 12735

Comment Period Closed 06/08/09

Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

A gency Contact: Rebecca I. Ericson, Office of the Chief Financial Officer,

(301) 415

- 7126 ; e

- mail: Rebecca.Ericson@nrc.gov

## (D) Unpublished Rules

### NRC Regulatory Agenda Unpublish ed Rules

25 3 2

. Revision to Petition for Rulemaking Process (Part 2)

RIN : 3150

- AI3 0

Docket ID: NRC

- 2009

- 0044

Abstract: The proposed rule would amend the Commission’s regulations for petitions for

rulemaking (PRMs). This rule would clarify requirements and update t he NRC’s process for the

consideration and disposition of PRMs.

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Richard Dudley, Office of Nuclear Reactor Regulation,

(301) 415

- 1116; e

- mail: Richard.Dudley@nrc.gov

3 3

. Amendments to Adjudicatory Process Rules and Related Requirements (Parts 2,

51, 54, 60, and 63)

RIN : 3150

- AI43

Docket ID: NRC

- 2008

- 0415

Abstract: The proposed rule wo uld amend the Commission’s adjudicatory rules of practice.

The proposed rule would correct errors and omissions that have been noticed since the major

revisions to the NRC's rules of practice in early 2004. Further, this proposed rule would amend the

NRC 's adjudicator y process to provide increased efficiency to better focus the limited resources of

the NRC and other i nvolved parties

.

Final Action: Proposed Rule Published 0 2 / 28 /11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Tison A. Campbell, Office of the General Counsel,

(301) 415

- 8579 ; e

- mail: Tison.Campbell@nrc.gov

3 4

. ITAAC Maintenance (Parts 2 and 52)

RIN : 3150

- AI77

Docket ID: NRC

- 2010

- 0012

### Unpublished Rules NRC Regulatory Agenda

26 Abstract: The proposed rule wo uld amend the Commission’s regulations related to verification

of nuclear power plant construction activities through inspections, tests, analyses, and acceptance

criteria (ITAAC) under a combined license. The new provisions would require licensees to (1) report

new information materially altering the basis for determining that a prescribed inspection, test, or

analysis was performed as required, or finding that a prescribed acceptance criterion is met ; and

( 2 ) notify the NRC of completion of all ITAAC act ivities.

Final Action: Proposed Rule Published 03/00 /1 1

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Nanette Gilles, Office of New Reactors,

(301) 415

- 1180 ; e

- mail: Nanette.Gilles @n rc.gov

3 5

. Controlling the Disposition of Solid Materials (Part 20 )

RIN: 3150

- AH18

Docket ID: NRC

- 1999

- 0002

Abstract: The staff provided a draft proposed rule package on Controlling the Disposition of

Solid Materials to the Commission on March 31, 2 005, which the Commission disapproved. The

Commission's decision was based on the fact that the a gency is currently faced with several high

priority and complex tasks, that the current approach to review specific cases on an individual basis

is fully prot ective 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.

Final Action : Proposed Rule Published Undetermine d

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Kimyata Morgan Butler, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 0733 ; e

- mail : Kimyata.Morgan Butler @nrc.gov

3 6

. Material Control and Accounting of Special Nuclear Material (Parts 20, 40, 50, 63, 70,

74, 76, and 110)

RIN: 3150

- AI61

Docket ID: NRC

- 2009

- 0 096

### NRC Regulatory Agenda Unpublish ed Rules

27 Abstract : The proposed rule would amend the Commission's regulation s to revise and

co nsolidate the current Material Control and Accounting program, including regulatory requirements

and licensing and inspection practices

.

Timetable : Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Busines s and Other Entities: None

Agency Contact: Thomas F. Young, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 5795 ; e

- mail: Thomas.Young @nrc.gov

3 7

. Geological Repository Operations Area (GROA) Fitness

- for

- Duty R equirements

(Part 26)

RIN : 3150

- AI38

Docket ID: NRC

- 2009

- 0089

Abstract: The proposed rule would amend the Commission’s regulations to reinstate the

alcohol and drug provision s of the fitness

- for

- duty requirements to a GROA. The rulemaking would

also impose fatigue provision s on security personnel at a GROA. Due to budget constraints in the

High

- Level Waste program, this proposed rule is deferred until a later date.

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 4 2 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Merri L. Horn, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 8126; e

- mail: Merri.Horn@nrc.gov

3 8

. Fitness

- f or

- Duty Program s (Part 26)

RIN : 3150

- AI58

Docket ID: NRC

- 2009

- 0090

Abstract: The proposed rule would amend the Commission’s regulations to ensure that

personnel who actually perform independent quality control/verification checks under the licensee’s

NRC

- approved qual ity assurance program are subject to the same Part 26, Subpart I provisions as

operating personnel identified in S ection 26.4(a)(1).

### Unpublished Rules NRC Regulatory Agenda

28 Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Timothy A. Reed , Office of Nuclear Reactor Regulation,

(301) 415

- 1462 ; e

- mail: Timothy.Reed @nrc.gov

39

. Fitness

- f or

- Duty (HHS Requirements) (Part 26)

RIN : 3150

- AI67

Docket ID: NRC

- 2009

- 0225

Abstract: Th e direct final rule will amend the Commission’s regulations to correct technical

errors associated with 10 CFR Part 26 drug testing requirements and enhance the alignment of

these requirements with the guidance issued by the Department of Health and Human Services

(HHS) . The rule would enhance consistency with technical advances implemented in similar rules

issued by the U.S. Departments of Transportation, Energy, and Defense. This rulemaking is

significant because the drug testing provisions of 10 CFR Pa rt 26 would be more aligned with other

Federal agencies and it enables the correction of the technical and administrative errors that would

result in improved drug testing and reduced regulatory burden. Although an Enforcement Guidance

Memorandum regardin g the disposition of violations has been issued and few industry concerns

have been identified, the rulemaking will correct this particular technical error as well as others.

There is little impact on the public and minimal impact on the industry since th e inaccurate

provisions are being effectively dispositioned by industry actions.

Final Action: Direct Final Rule Published 12/00/1 2

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Paul W. Harris, Office of Nuclear Security and Incident Response,

(301) 415

- 1169 ; e

- mail: Paul.Harris @nrc.gov

4 0

. Preceptor Attestation Requirements (Part 35)

RIN: 3150

- AI63

Docket ID: NRC

- 2009

- 0 175

Abstract : The proposed rule would amend the Commissio n’s medical use regulations in

Part 35 as requested in the Division of Materials Safety and State Agreements ’ user need memo s

,

### NRC Regulatory Agenda Unpublish ed Rules

29 consider training and experience requirements requested in Petition for Rulemaking, PRM

- 35

- 20,

and revise preceptor attestation requirements.

Timetable : Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Neelam Bhalla, Office of Federal and State Materials and

Environmental Manage ment Programs,

(301) 415

- 6843 ; e

- mail: Neelam.Bhalla @nrc.gov

4 1

. Uranium in Drinking Water (Part 40)

RIN: 3150

- AH97

Docket ID: NRC

- 2009

- 0086

Abstract: The proposed rule would amend the Commission = s regulations to include a new

general license for a community water system (CWS), that during the treatment of drinking water,

may accumulate and concentrate naturally

- occurring uranium in media, effluents, and other

residuals, above 0.05 percent by weight. This rulemaking is being delayed while NRC evalu ates the

possibility of removing this type of activity from NRC’s jurisdiction. In the meantime, a CWS may

choose to operate under the enforcement discretion policy discussed in Regulatory Issue Summary

RIS

- 06

- 020, “Guidance for Receiving Enforcement Disc retion When Concentrating Uranium at

Community Water Systems,” dated September 14, 2006.

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Gary C. Comfort, Jr., Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 8106 ; e

- mail : Gary. Comfort @nrc.gov

4 2

. Groundwater Protection in Situ Leach Uranium Recovery Facilities (Part 40)

RIN : 3150

- AI40

Docket ID: NRC

- 2008

- 0421

Abstract: The proposed rule would amend the Commission's regulations to clarify the

regulations in 10 CFR Part 40, Appendix A, "Criteria Relating to the Operation of Uranium Mills and

### Unpublished Rules NRC Regulatory Agenda

30 the Disposition of Tailings or Wastes Produced by the Ex traction or Concentration of Source

Material From Ores Processed Primarily for Their Source Material Content," to better ensure

groundwater protection at in situ leach uranium recovery facilities. The proposed rule would codify

practices currently done th r ough license condition to provide the industry and public with more

predictability during the licensing process

. The rulemaking is being delayed while the U.S.

Environmental Protection Agency considers revision of the requirements in 40 CFR Part 192 (which

provide the standards for NRC’s byproduct regulations).

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Gary C. Comfort, Jr., Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 8106; e

- mail: Gary.Comfort@nrc.gov

4 3

. Integrated Safety Analysis for Uranium Conversion and Deconversion Facilities

(Part 40)

RIN : 3150

- AI50

Docket ID: NRC

- 2009

- 007 9

Abstract: The proposed rule would amend the Commission’s regulations to require an

integrated safety analysis (ISA) for facilities with significant quantities of uranium hexafluoride or

uranium tetrafluoride and large quantities of hazardous chemicals, such as hydrogen fluoride; set

possession limits for determining licensing authority (NRC or A greement States) ; add definitions that

are specific to an ISA; and make administrative changes to the structure of Part 40.

Final Action: Proposed Rule Publishe d 06/00/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Edward M. Lohr, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 0253; e

- mail: Edward .Lohr @nrc.gov

4 4

. Integrated Rulemaking for Decommissioning Nuclear Power Reactors (Part 50 )

RIN: 3150

- AG47

Docket ID: NRC

- 2009

- 0083

### NRC Regulatory Agenda Unpublish ed Rules

31 Abstract: A staff requirements memorandum dated June 23, 1999, directed the NRC staff to

consider an integrated, risk

- informed decommissioning rule rather than individual rulemakings to

address emergency preparedness, insurance, safeguards, operator staffing, and backfit for nuclear

power plants that are being decommissioned. In SECY

- 99

- 168, dated June 30, 1999,

recomme nded that the integrated approach be approved and outlined staff plans for pursuing such

a rulemaking. Accordingly, the staff has subsumed previous rulemaking activities in the areas of

emergency planning, insurance, safeguards, operator staffing, and bac kfit into one integrated

rulemaking effort. This rulemaking would apply to licensees who certified under ' 50.82(a), that they

have permanently ceased facility operation(s) and have permanently removed fuel from the reactor

vessel. The Commission approve d this approach in a Staff Requirements Memorandum dat ed

December 21, 1999

.

In SECY

- 00

- 0145, dated June 28, 2000, the NRC staff recommended a decommissioning

rulemaking plan in the areas of emergency planning, insurance, safeguards, operator staffing, and

backfit (the integrated decommissioning rulemaking plan). The rulemaking plan relied on a draft

decommissioning risk study as the basis for its recommendations. The Commission returned the

rulemaking plan to the staff for rework in September 2000, based on changes to the

decommissioning risk study findings. The decommissioning risk study, NUREG

- 1738, was issued in

January 2001. After assessing the findings in the risk study, the staff presented a policy options

paper to the Commission, SECY

- 01

- 0100, dat ed June 4, 2001, that provided options and made

recommendations on issues to be addressed in the integrated rulemaking. Following the terrorist

events of September 11, 2001, the NRC staff recommended and the Commission approved the

withdrawal of SECY

- 01

- 0 101 because of the likely changes in the staff = s position on

decommissioning plant safeguards. The decommissioning policy position will be revisited when a

broad

- scope NRC safeguards policy is developed in response to potential terrorist acts at nuclear

f acilities. The schedule for the integrated rulemaking cannot be determined at this time.

Timetable: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: K evin R. O = Sullivan, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 8112 ; e

- mail: Kevin.O ’ Sullivan@nrc.gov

4 5

. Modifications to Pressure

- Temperature Limits and Reactor Vessel Material

Surveillance Program Requir ements (Part 50 )

RIN: 3150

- AG98

Docket ID: NRC

- 2008

- 0582

Abstract: The proposed rule would amend the Commission’s regulations in Part 50,

Appendix G to provid e a risk

- informed option for determining the fracture toughness requirements

for ferritic mater ials of the pressure

- retaining components of the reactor coolant pressure boundary.

### Unpublished Rules NRC Regulatory Agenda

32 The proposed rule would also modify those requirements for pressure

- temperature limits that are

related to the metal temperature of the re a ctor pressure vessel closure he ad flange and vessel

flange areas. Also, t he proposed rule would amend F ootnotes 2 and 6 to T able 1 of A ppendix G,

and simplify restructuring of the table. Part 50, A ppendix H, contains reactor vessel material

surveillance program requirements to monitor changes in the fracture toughness properties of the

reactor vessel beltline due to neutron irradiation.

Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Carolyn J. Fairbanks, Office of Nuclear Reactor Regulation,

(301) 415

- 6719 ; e

- mail : Carolyn.Fairbanks @nrc.gov

4 6

. Decoupling of Assumed Loss of Offsite Power (LOOP) From Loss

- of

- Coolant Accident

(LOCA) (Part 50 )

RIN: 3150

- AH43

D ocket ID: NRC

- 2008

- 0606

Abstract: The proposed rule would amend the Commission = s regulations to remove the

requirement to postulate unavailability of offsite power for all loss of coolant accidents, as currently

required by General Design Criterion 35. B y taking into account risk insights, this requirement would

be removed for the larger, less likely events, but would be retained for more frequent (smaller break)

losses of coolant. The rulemaking would facilitate certain facility changes, such as emergen cy

diesel generator start times, to optimize them for the more likely events rather than for rare events.

In a S taff Requirement s Memorandum (SRM) dated March 31, 2003, the Commission directed the

staff to prepare a proposed LOOP/LOCA rule. On April 27, 2004, the Boiling Water Reactor (BWR)

Owners Group (BWROG) submitted the topical report, “Separation of Loss of Offsite Power from

Large Break LOCA” for staff review. The BWROG indicated that the topical report would support

plant

- specific exemption reque st s to implement specific plant changes that are currently not possible

with the existing rule requirements. The staff recommended in SECY

- 04

- 0037, that it be allow ed to

finish its review of the topical report and pilot exemption request before initiating rulemaking. In its

SRM of July 1, 2004, the Commission approved the staff to begin rulemaking after review of the

BWROG pilot exemption request. After an ongoing dialogue, on June 12, 2008, the BWROG

withdrew its topical report, stating that “...continued development of this LTR [Licensing Topical

Report] is no longer cost effective and, if ultimately approved in the form presently desired by NRC

staff, adoption by licensees would most likely be prohibitively expensive.” Upon this withdrawal, the

NRC staff reevaluated the rulemaking effort. As a result of this reevaluation, the NRC staff

recommended in SECY

- 09

- 0140, dated October 1, 2009, that this rulemaking effort be discontinued

. A new recommendation will be provided to the Commission in December 2012. T his rulemaking

activity al so consider s the issues raised in a petition for rulemaking submitted by Bob Christie (PRM

50

- 77).

### NRC Regulatory Agenda Unpublish ed Rules

33 Final Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business a nd Other Entities: None

Agency Contact: Richard Dudley, Office of Nuclear Reactor Regulation,

(301) 415

- 1116; e

- mail: Richard.Dudley@nrc.gov

4 7

. Incorporation by Reference of Revisions of ASME Regulatory Guides (Part 50)

RIN : 3150

- AI72

Docket I D: NRC

- 2009

- 0359

Abstract: The proposed rule would amend the Commission’s regulations to incorporate by

reference the latest revisions of the American Society of Mechanical Engineers (ASME) Boiler and

Pressure Vessel (BPV) Code Cases pertaining to Regulatory Guide ( RG ) 1.84, "Design, Fabrication,

and Materials Code Case Acceptability, ASME Section III," Revision 36; RG 1.147, "In

- service

Inspection Code Case Acceptability, ASME Section XI, Division 1," Revision 17, and RG 1.192,

"Oper ation and Maintenance Code Case Acceptability, ASME OM Code," Revision 1. This

rulemaking would incorporate by reference the latest revisions of regulatory guides approving new

and revised Code Cases published by the ASME as alternatives to requirements i n the ASME BPV

regarding the construction and in

- service inspection of nuclear power plant compone nts.

Final Action: Proposed Rule Published 06/00/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agenc y Contact: Manash K. Bagchi, Office of Nuclear Reactor Regulation,

(301) 415

- 2905 ; e

- mail: Manash.Bagchi @nrc.gov

4 8

. Implementation of the New Reactor Licensing Process; Incorporation of Lessons

Learned (Part 52)

RIN : 3150

- AI66

Docket ID: NRC

- 2 009

- 0196

Abstract: The proposed rule would amend the Commission’s regulations to Part 52 to provide

clarifications and various minor revisions and incorporate lessons learned during reviews of design

certification and combined license applications.

### Unpublished Rules NRC Regulatory Agenda

34 Fina l Action: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Nanette Gilles, Office of New Reactors,

(301) 415

- 1180 ; e

- mail : Nanette

. Gilles @nrc.gov

49

. AP1000 Design Certification Amendment (Part 52)

RIN : 3150

- AI81

Docket ID: NRC

- 2010

- 0131

Abstract: The proposed rule would amend the Commission’s regulations for the A P1000

design certification to replace combined license information and design accepta nce criteria with

specific design information, address compliance with the aircraft impact assessment rule, and

incorporate design improvements resulting from detailed design efforts. Applicants or licensees

intending to construct and operate a nuclear po wer plant using the AP1000 design as amended may

do so by referencing this design certification rule.

Timetable: Proposed Rule Published 02/ 24 /11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Con tact: Serita Sanders, Office of New Reactors,

(301) 415

- 2956; e

- mail: Serita.Sanders@nrc.gov

5 0

. U.S. Evolutionary Power Reactor ( EPR ) Design Certification Amendment (Part 52)

RIN : 3150

- AI82

Docket ID: NRC

- 2010

- 0132

Abstract: The proposed rule would amend the Commission’s regulations to Part 52 by issuing

a new appendix for the initial certification of the U.S. Evolutionary Power Re a ctor standard plant

design. Applicants or licensees intending to construct and operate a nuclear power plant usin g the

EPR design may do so by referencing this design certification rule.

Timetable: Proposed Rule Published 05/00/12

Legal Authority: 42 USC 2201; 42 USC 5841

### NRC Regulatory Agenda Unpublish ed Rules

35 Effects on Small Business and Other Entities : None

Agency Contact: Fred Schofer, Office of New Reactors,

(301) 415

- 5682; e

- mail: Fred .Schofer@nrc.gov

5 1

. U.S. Advanced Pressurized Water Reactor ( US

- APWR ) Design Certification

Amendment (Part 52)

RIN : 3150

- AI83

Docket ID: NRC

- 2010

- 0133

Abstract: The proposed rule would amend the Commi ssion’s regulations to Part 52 by issuing

a new appendix for the initial certification of the US

- APWR standard plant design. Applicants or

licensees intending to construct and operate a nuclear power plant using the US

- APWR design may

do so by referencing this design certification rule.

Timetable: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Sheryl A. Burrows, Office of New Reactors,

(301) 415

- 60 86; e

- mail: Sheryl.Burrows@nrc.gov

5 2

. Economic Simplified Boiling

- Water Reactor ( ESBWR ) Design Certification (Part 52)

RIN : 3150

- AI85

Docket ID: NRC

- 2010

- 0135

Abstract: The proposed rule would amend the Commission’s regulations to Part 52 by issui ng

a new appendix for the initial certification of the ESBWR standard plant design. Applicants or

licensees intending to construct and operate a nuclear power plant using the ESBWR design may

do so by referencing this design certification rule.

Timetable: Proposed Rule Published 0 3 / 00 /1 1

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: George M. Tartal, Office of New Reactors,

(301) 415

- 0016; e

- mail: George.Tartal@nrc.gov

### Unpublished Rules NRC Regulatory Agenda

36 5 3

. Disposa l of Unique Waste Streams* (Part 61)

RIN : 3150

- AI92

Docket ID: NRC

- 2011

- 0012

Abstract: The proposed rule would amend the Commission’s regulations to require operating

and future low

- level radioactive waste disposal facilities to conduct a performance as sessment and

an intruder assessment, to demonstrate compliance with performance objectives in 10 CFR Part 61

to enhance safe disposal of low

- level radioactive waste. These analyses will identify any additional

measures that would enhance adequate protecti on of public health and safety. The NRC is also

proposing additional changes to the current regulations to reduce ambiguity, facilitate

implementation, and to better align the requirements with current health and safety standards. This

rule would affect existing and future low

- level radioactive waste disposal facilities that are regulated

by the NRC and the Agreement States.

Timetable: Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other E ntities : None

Agency Contact: Andrew G. Carrera, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 1078; e

- mail: An d rew.Carrera @nrc.gov

5 4

. Revise Part 71 for IAEA and DOT Compatibility (Part 71 )

RIN: 315 0

- AI11

Docket ID: NRC

- 2008

- 0198

Abstract: The proposed rule would amend the Commission’s regulations at 10 CFR Part 71 to

make the requirements compatible with the 200 9 edition of the International Atomic Energy Agency

(IAEA) Transportation Safety Standa rds, TS

- R

- 1, and changes to the Department of Transportation

(DOT) Hazardous Materials Regulations. This rulemaking would make other changes to 10 CFR

Part 71. The proposed rule would amend the quality assurance requirements to make the regulation

of qua lity assurance programs more efficient. In addition, the proposed rule would (1) clarify the

general license requirements and (2) make changes to the exemptions relating to the classification

of fissile material and low

- level materials

.

Final Action : Pr oposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

### NRC Regulatory Agenda Unpublish ed Rules

37 Agency Contact: James R. Firth, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 6628 , e

- mail : James. Firth @nrc.gov

5 5

. List of Approved Spent Fuel Storage Casks: NUHOMS ® HD System, Revision 1*

(Part 72)

RIN : 3150

- AI89

Docket ID: NRC

- 2011

- 0002

Abstract: The direct final rule amends the Commission’s regulations by revising the

Tran snuclear, Inc., NUHOMS ® HD System to include Amendment No. 1 to the Certificate of

Compliance (CoC). Amendment No. 1 will revise the definitions for Damaged Fuel Assembly and

Transfer Operations; add definitions for Fuel Class and Reconstituted Fuel Assem bly; add

Combustion Engineering 16x16 class fuel assemblies as authorized contents; reduce the minimum

off

- normal ambient temperature from

- 20°F to

- 21°F; expand the authorized contents of the

NUHOMS ® HD System to include pressurized water reactor fuel ass emblies with control

components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent

uranium

- 235 to 0.2 weight percent uranium

- 235; clarify the requirements of reconstituted fuel

assemblies; add requirements to qualify metal ma trix composite neutron absorbers with integral

aluminum cladding; clarify the requirements for neutron absorber tests; delete use of nitrogen for

draining the water from the dry shielded canister (DSC), and allow only helium as a cover gas during

DSC cavit y water removal operations; and make corresponding changes to the technical

specifications

.

Final Action: Direct Final Rule Published 01/13/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contac t: Gregory Trussell, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 6445; e

- mail: Gregory.Trussell @nrc.gov

5 6

. List of Approved Spent Fuel Storage Casks: Holtec HI

- STORM Flood/Wind

Addition* (Part 72)

RIN : 3150

- AI90

Docket ID: NRC

- 2011

- 0007

Abstract: The direct final rule amends the Commission’s regulations by adding the HI

- STORM

Flood/Wind cask system to the List of App roved Spent Fuel Storage Casks to add Certificate of

### Unpublished Rules NRC Regulatory Agenda

38 Compliance No. 1032. This dire ct final rule allows the holders of power reactor operating licenses to

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

Timetable: Direct Final Rule Published 03/00/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Jayne McCausland, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 6219; e

- mail: Jayne.McCausland @nrc.gov

57

. List of Approved Spent Fuel Storage Casks: MAG NASTOR, Revision 2* (Part 72)

RIN : 3150

- AI91

Docket ID: NRC

- 2011

- 000 8

Abstract: The direct final rule amends the Commission’s regulations by revising the

MAGNASTOR System to include Amendment No. 2 to the Certificate of Compliance

. Amendment

No. 2 will include changes to allow the addition of various boron

- 10 areal densities for use with

Pressurized Water Reactor and Boiling Water Reactor baskets; correction of the code reference in

Table 2.1

- 2 of the Final Safety Analysis Report, table entitled “ASME C ode Alternatives for

MAGNASTOR components,” change of transportable storage canister surface contamination limits

for loose contamination; and other changes in Appendices A and B of the technical specification to

incorporate minor editorial corrections. T his direct final rule allows the holders of power reactor

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

Timetable: Direct Final Rule Published 04/00/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Jayne McCausland, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 6219; e

- mail: Jayne.McCausland @nrc.gov

58

. ISFSI Security Requirements for Radiolog ical Sabotage (Parts 72 and 73 )

RIN: 3150

- A I 78

Docket ID: NRC

- 20 09

- 0558

### NRC Regulatory Agenda Unpublish ed Rules

39 Abstract : The proposed rule would amend the Commission's regulations to revise the existing

security requirements that apply during the storage of spent nuclear fuel (SNF) at an in dependent

spent fuel storage installation (ISFSI), and during the storage of SNF and h igh

- level waste at a

Monitored Retrievable S torage Installation (MRS). This rule would require conforming changes to

the ISFSI and MRS licensing requirements. The speci fic objective s of this rule are to update the

ISFSI s e curity requirements to improve the consistency and clarification of the security requirement s for both types of ISFSI licensees (i.e., general and specific); make generically applicable

requirements sim ilar to those imposed on ISFSI licensees by the post September 11, 2001, security

orders; and use a risk

- informed, performance

- based structure in ISFSI and MRS security

regulations.

Timetable : Proposed Rule Published Undetermined

Legal Authority: 42 US C 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Keith McDaniel, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 5252 ; e

- mail: Keith.McDaniel@ nrc.gov

59

. Enhanced Weapons , Firearms Background Checks, and Security Event

Notification (Part 73)

RIN : 3150

- AI49

Docket ID: NRC

- 2011

- 0018

Abstract: The proposed rule would amend the Commission’s regulations by implementing the

new authority in Section 161A of the Atomic Energy A ct of 1954, as amended, for access to

enhanced weapons and associated firearms background checks, and modifies certain security

event notifications at power reactor facilities and Category I strategic special nuclear materials

facilities.

Final Action: Proposed Rule Published 02/03/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Robert Beall, Office of Nuclear Reactor Regulation,

(301) 415

- 3874 ; e

- mail: Robert.Beall @nrc.gov

### Unpublished Rules NRC Regulatory Agenda

40 6 0. A ccess Authorization and Physical Protection Requirements For Nuclear Power Plant

Construction (Part 73)

RIN : 3150

- AI65

Docket ID: NRC

- 2009

- 0195

Abstract: The proposed rule would amend the Commission’s regulations to add a new section

to 10 CFR Par t 73

. This new section will add requirements for the implementation of access

authorization and physical protection measures; access authorization controls; physical inspections;

lockdown measures and procedures for securing the security

- and safety

- related st ructures,

systems, and components; and performance of high

- quality security sweeps before the plant’s

transition into its operational phase. These changes would affect holders of a construction permit

under 10 CFR Part 50 and holders of a combined license under 10 CFR Part 52 with nuclear power

plants under construction.

Final Action: Proposed Rule Published 04/00/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : None

Agency Contact: Fred Schofer, Office of Ne w Reactors,

(301) 415

- 5682 ; e

- mail : Fred

. Schofer @nrc.gov

6 1

. Sabotage of Nuclear Facilities, Fuel or Designated Material (Part 73)

RIN: 3150

- AI68

Docket ID: NRC

- 2009

- 0 227

Abstract : Section 655 of the Energy Policy Act of 2005, requires th e NRC to implement

requirements for criminal sanctions for sabotage of commercial nuclear facilities, fuel, and

Commission designated material or property not previously covered. The staff is developing the

proposed rule to implement these requirements. A dditional classes of radioactive material or

property not specifically mandated in the statute may be included in this rulemaking.

Timetable : Proposed Rule Published Undetermined

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities: None

Agency Contact: Thomas Young, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 5795 ; e

- mail: Thomas.Young@nrc.gov

### NRC Regulatory Agenda Unpublish ed Rules

41 62

. Revision of Fee Schedules: Fee Recovery for FY 2011* (Parts 170 and 171)

RIN : 3150

- AI93

Docket ID: NRC

- 2011

- 0016

Abstract: Th e proposed rule would amend the Commission’s licensing, inspection, and annual

fees charged to its applicants and licensees. The amendments implement the Omnibus Budget

Reconciliation Act of 1990 (OB RA

- 90), as amended, which requires that the NRC recover

approximately 90 percent of its budget authority in Fiscal Year (FY) 2011, less the amounts

appropriated from the Nuclear Waste Fund, and for Waste Incidental to Reprocessing, generic

homeland securit y activities, and scholarships and fellowships.

Based on the FY 2011 NRC Budget sent to Congress, the NRC’s required fee recovery

amount for the FY 2011 budget is approximately $915.3 million. After accounting for carryover and

billing adjustments, the total amount to be recovered through fees is approximately $915.7 million.

The OBRA

- 90, as amended, requires that the fees for FY 201 1 be collected by September 30, 201 1

.

Timetable: Proposed Rule Published 0 3 /00/11

Legal Authority: 42 USC 2201; 42 USC 5841

Effects on Small Business and Other Entities : Yes

Agency Contact: Renu Suri, Office of the Chief Financial Officer,

(301) 415

- 0161; e

- mail: Renu.Suri@nrc.gov

## (A) Final Actions on Petitions

For Rulemaking

### NRC Regulator y Agenda Petitions

43 1

. Petitioner/Petition Docket Number: Nuclear Energy Institute (PRM

- 70

- 8 )

Docket ID: NRC

- 200 9

- 0 184

Federal Register Citation: June 6, 2009 (74 FR 26814 )

Subject: Event reporting requirements

Summary: The petitioner requested that the Commission amend i ts regulations to clarify the

existing event reporting requirements based on experience gained since the requirements were

implemented in 2000

.

Final Action: A n otice of resolution and closure of the petition docket was published in the Federal

Register o n October 18, 2010 (75 FR 63725).

Agency Contact: Thomas Young , Office of Federal and State Materials and

Environmental Management Programs

, (301) 415

- 5795; e

- mail: Thomas.Young @nrc.gov

## (B) Pend ing Petitions for

Rulemaking

### NRC Regulatory Agenda Petit ions

45 2

. Petitioner/Petition Docket Number: Professional Reactor Operator Society (PRM

- 26

- 3)

Docket ID: NRC

- 2009

- 0482

Federal Register Citation: November 27, 2009 (74 FR 62257)

Subject: Fitness

- f or

- Duty

- c hange to o utage d efinition

Summary: The petitioner i s requesting that the Commission amend the regulations that govern

fitness

- for

- duty programs. Specifically, the petitioner requests that the definition of “unit outage” be

changed to “site outage” and be amended to clarify the way licensees schedule manpow er on the

front and back end of outages. The petitioner believes the suggested amendment would require

licensees to abandon past practice that could impact the licensees’ ability to safely execute future

outages and would help to ensure that nuclear utilit ies continue to perform outages in a safe and

efficient manner.

Final Action: A notice of receipt for this petition was published in the Federal Register on

November 27, 2009 (74 FR 62257). The public comment period close d on February 10, 2010.

Resoluti on and closure of this petition is in progress.

Agency Contact: Tara Inverso, Office of Nuclear Reactor Regulation,

(301) 415

- 1024 ; e

- mail: Tara.Inverso@nrc.gov

3

. Petitioner/Petition Docket Number: California Association of Marriage and

Family Th erapists* (PRM

- 26

- 4)

Docket ID NRC

- 2010

- 0 269

Federal Register Citation: August 24, 2010 ( 75 FR 51958 )

Subject: Marriage and family therapists

Summary: The petitioner requests that the Commission amend its regulations to add marriage

and family therapi sts as substance abuse experts.

Final Action : A notice of receipt for this petition was published in the Federal Register on

August 24, 2010 (75 FR 51958). The public comment closed on November 8, 2010. Resolution of

the petition is in progress.

Agenc y Contact: Anthony Markley, Office of Nuclear Reactor Regulation,

(301) 415

- 1423; e

- mail: Anthony.Markley@nrc.gov

### Petitions NRC Regulatory Agenda

46 4

. Petitioner/Petition Docket Number: Anthony R. Pietrangelo on Behalf of the

Nuclear Energy Institute* (PRM

- 26

- 5)

Docket ID: NRC

- 2 010

- 0304

Federal Register Citation: October 22, 2010 ( 75 FR 65249 )

Subject: Fitness

- for

- duty programs

– w ork our controls

Summary: The petitioner requests that the Commission amend its regulations regarding its

fitness

- for

- duty programs to refine exist ing requirements based on experience gained since the

regulations were last amended in 2008.

Final Action : A notice of receipt for this petition was published in the Federal Register on

October 22, 2010 (7 5 FR 65249 ). The comment period close s on January 5, 2011. Resolution of

the petition is in progress.

Agency Contact: Timothy Reed, Office of Nuclear Reactor Regulation,

(301) 415

- 1462; e

- mail: Timothy.Reed@nrc.gov

5

. Petitioner/Petition Docket Number: Erik Erb* (PRM

- 26

- 6)

Docket ID: NRC

- 20 10

- 0310

Federal Register Citation: November 23, 2010 ( 75 FR 71368 )

Subject: Minimum days off

Summary: The petitioner requests that the Commission amend its regulations to decrease the

minimum days off requirement for security officers working 12

- hour shifts from an average of 3 days

per week to 2.5 or 2 days per week.

Final Action : A notice of receipt for this petition was published in the Federal Register on

November 23, 2010 (7 5 FR 71368 ). Comment period closes on January 5, 2011. Resolution of t he

petition is in progress.

Agency Contact: Timothy Reed, Office of Nuclear Reactor Regulation,

(301) 415

- 1462; e

- mail: Timothy.Reed@nrc.gov

6

. Petitioner/Petition Docket Number: Organization of Agreement States (PRM

- 31

- 05 )

Docket ID: NRC

- 2005

- 0018

Federal Register Citation: December 20, 2005 (70 FR 75423)

### NRC Regulatory Agenda Petit ions

47 Subject: Byproduct material; domestic licensing: Industrial devices

Summary: The petitioner is requesting that the Commission amend its regulations to require

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

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

Final Action: A notice of receipt was published in the Federal Register on December 20, 2005

(7 0 FR 75423). The public comment period closed March 6, 2006. The petition was resolved in

July 2007, and is being considered in the rulemaking, General License Restrictions (RIN: 3150

- AI33). The Commission disapproved the staff’s proposal to limit the q uantity of byproduct material in

a generally licensed device, but approved the change in compatibility designation from “B” to “C” for

10 CFR 31.5 and 31.6.

Agency Contact: Solomon Sahle, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 3781 ; e

- mail : Solomon.Sahle@nrc.gov

7

. Petitioner/Petition Docket Number: Association of State and Territorial Solid Waste

Management Officials (PRM

- 32

- 06 )

Docket ID: NRC

- 200 9

- 0 547

Federal Register Citation: January 12, 2010 (7 5 FR 1559)

Subject: T ritium in exit signs

S ummary: The petitioner request s that the Commission amend its regulations and/or

guidance to improve the labeling and accountability of tritium exit signs

. Also, the petitioner

recommends a national collection effort be conducted to consolidate all expired and disused

tritium exit signs.

Final Action: A notice of receipt for this petition was published in the Federal Register on

January 12, 2010 (7 5 FR 1559 ). T he public comment period close d on March 29, 2010. R esolution

of this petition is in progress.

Agency Contact: Gregory R. Trussell, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 4445; e

- mail: Gregory.Trussell @nrc.gov

8

. Petitioner/Petition Docket Number: James Luehman (PRM

- 50

- 92)

Docket ID: NRC

- 2008

- 0492

Federal Register Citation: None

### Petitions NRC Regulatory Agenda

48 Subject: Domestic licensing of production and utilization facilities

Summary: The petitioner request s that the Commi ssion amend its regulations regarding the

domestic licensing of production and utilization facilities to clarify or change the standards for

sustaining a violation of the employee protection regulations contained in 10 CFR 50.7.

Final Action: A notice of receipt was not published for this petition. The Office of the General

Counsel provided a paper to the Commission addressing resolution of the petition

.

Agency Contact: Kimberly A. Sexton , Office of the General Counsel,

(301) 415

- 1151 ; e

- mail: Kimber ly.Sexton @nrc.gov

9

. Petitioner/Petition Docket Number: Mark Leyse* (PRM

- 50

- 93) and Mark Leyse

and Raymond Shadis on B ehalf of the New

England Coalition* (PRM

- 50

- 95)

Docket ID: NRC

- 2009

- 0554

Federal Register Citation: January 25, 2010 (75 FR 3876)

, and October 27, 2010

(75 FR 66007)

Subject: Domestic licensing of production and utilization facilities

Summary: The petitioner request s that the Commission amend its regulations regarding the

domestic licensing of production and utilization facil ities. Specifically, the petitioner requested that

the NRC revise its regulations based on data from multi

- rod (assembly) severe fuel damage

experiments. The petitioner also requested that the NRC promulgate a regulation that will stipulate

minimum allowab le core reflood rates in the event of a loss

- of

- coolant accident.

Final Action: A notice of receipt for this petition was published in the Federal Register on

January 25, 2010 (75 FR 3876). The public comment period close d on April 12, 2010. A

supplemen tal notice of receipt and limited re

- opening of the comment period was published on

October 27, 2010 (75 FR 66007). The October 27, 2010

, Federal Register document included a

notice of consolidation of PRMs 50

- 93 and 50

- 95. PRM

- 50

- 95 was filed on June 7, 2010, by Mark

Edward Leyse and Raymond Shadis, on behalf of the New England Coalition (the Petitioners).

PRM

- 50

- 95 was docketed by the NRC on September 30, 2010. In PRM

- 50

- 95, the p etitioners

request that the NRC order Vermont Yankee Nuclear Power Stati on to lower the licensing basis

peak cladding temperature in order to provide a necessary margin of safety in the event of a loss

- of

coolant accident. The NRC is considering PRM

- 50

- 95 in conjunction with existing PRM

- 50

- 93

because the petitions include ce rtain similar issues, and re

- opened the public comment period to

provide an opportunity for public feedback on the other concerns raised by PRM

- 50

- 95. Resolution

of the petition is in progress.

Agency Contact: Richard Dudley, Office of Nuclear Reactor Regulation,

(301) 415

- 1116; e

- mail: Richard.Dudley@nrc.gov

### NRC Regulatory Agenda Petit ions

49 10. Petitioner/Petition Docket Number: Sherwood Martinelli (PRM

- 50

- 94)

Docket ID: NRC

- 2010

- 0004

Federal Register Citation: February 26, 2010 ( 75 FR 8843)

Subject: Frequency of reporting status of decommissioning trust funds

Summary: The petitioner request s that the Commission amend its regulations regarding the

domestic licensing of production and utilization facilities. Specifically, the pet itioner request ed that

the NRC revise its regulations as they relate to decommissioning and decommissioning funding.

Final Action: A notice of receipt for this petition was published in the Federal Register on

February 26, 2010 (7 5 FR 8843 ). The public c omment period close d on May 12, 2010. The date for

r esolution of this petition is undetermined. Resolution of the petition is in progress.

Agency Contact: Lynn Hall, Office of Nuclear Reactor Regulation,

(301) 415

- 3759; e

- mail: Lynn.Hall@nrc.gov

11

. Petitioner/Petition Docket Number: Daniel Kane (PRM

- 51

- 13)

Docket ID NRC

- 2010

- 0088

Federal Register Citation: April 1, 2010 ( 75 FR 16360 )

Subject: E nvironmental protection for domestic licensing and related regulatory

functions

Summary: The p etitioner request s that the Commission amend its regulations that govern

environmental protection for domestic licensing and related regulatory functions. Specifically, the

petitioner request s that the provisions that govern temporary storage of spent fue l after cessation of

reactor operation be revoked, that licensing of new nuclear power plants cease, and that existing

operating nuclear power plants be phased out.

Final Action: A notice of receipt for this petition was published in the Federal Register on April 1,

2010 (75 FR 16360 ). The public comment period close d on June 15, 2010. Resolution of the

petition is in progress.

Agency Contact: Tison A. Campbell, Office of the General Counsel,

(301) 415

- 8579 ; e

- mail : Tison.Campbell@nrc.gov

Lisa G. London, Office of the General Counsel

, (301 ) 415

- 3233; e

- mail: Lisa.London@nrc.gov

### Petitions NRC Regulatory Agenda

50 12

. Petitioner/Petition Docket Number: Earth Day Commitment/Friends of the

Coast, Beyond Nuclear, Seacoast Anti

Pollution L eague, C

- 10 Research and

Education Foundation, Pilgrim Watch, and

New England Coalition* (PRM

- 54

- 6)

Docket ID NRC

- 2010

- 0 291

Federal Register Citation: September 27, 2010 (75 FR 57158)

Subject: License renewal applications

Summary : The petitioners requ est that the Commission amend its regulations to permit a license

renewal application no sooner than 10 years before the expiration of the current license and to apply

the rule to all license renewal applications that have not yet been issued an NRC Final Safety

E valuation Report. The petitioners also request a freeze on all new relicensing activity until the

rulemaking is decided.

Final Action : A notice of receipt for this petition was published in the Federal Register on

September 27, 2010 (7 5 FR 57158 ). The comment period closed on December 13, 2010.

Resolution of the petition is in progress.

Agency Contact: Lynn Hall, Office of Nuclear Reactor Regulation,

(301) 415

- 3759; e

- mail: Lynn.Hall@nrc.gov

13

. Petitioner/Petition Docket Number: Franci s Slakey on Behalf of the American

Physical Society* (PRM

- 70

- 9)

Docket ID: NRC

- 2010

- 0372

Federal Register Citation: December 23, 1010 (75 FR 80730)

Subject: Proliferation assessments

Summary: The petitioner requests that the Commission amend its regul ations regarding the

domestic licensing of special nuclear material to include proliferation assessments as part of the

licensing process

Final Action : A notice of receipt for this petition was published in the Federal Register on

December 23, 2010 (7 5 FR 80730 ). The Comment period closes on March 8, 2011. Resolution of

the petition is in progress.

Agency Contact: Keith McDaniel, Office of Federal and State Materials and

Environmental Management Programs,

(301) 415

- 5252; e

- mail: Keith.McDaniel@ nrc. gov

### NRC Regulatory Agenda Petit ions

51 1 4

. Petitioner/Petition Docket Number: C

- 10 Research and Education Foundation, Inc.

(PRM

- 72

- 6 )

Docket ID: NRC

- 2008

- 0 649

Federal Register Citation: March 3, 2009 (74 FR 9178)

Subject: Requirements for the independent storage of spent nuclear fuel, etc.

Summary: The petitioner request s that the Commission amend its regulations governing on

- site

dry cask storage of spent fuel. The petitioner believes that the current regulations do not provide

sufficient requirements for safe storage of spent nuclear fuel in dry cask storage at independent

spent fuel storage installations (ISFSIs). The petitioner request s that: the NRC prohibit non

conforming pre

- built full scale casks specifically built for NRC certification testing from being put into

produ ction; NRC certification of casks be based on upgraded code requirements that include design

criteria and technical specifications for a 100 year minimum age related degradation timeframe; the

NRC approve, as part of the original ISFSI certification proces s and construction license, a method

for dry cask transfer capacity that will allow for immediate and safe maintenance on a faulty or failing

cask; the NRC require that dry casks are qualified for transport at the time of on

- site storage

approval certifica tion; the NRC require mandatory compliance with the American Society of

Mechanical Engineers ( ASME ) C ode and S tandards, “without exception”; the NRC require ASME

code stamping for fabrication; all materials for fabrication be supplied by ASME approved mate rial

suppliers; current ASME C odes and S tandards for conservative heat treatment and leak tightness

be adopted and enforced; a safe and secure hot cell transfer station coupled with an auxiliary pool

be built as part of an upgraded ISFSI design certificati on and licensing process; the NRC require

real

- time heat and radiation monitoring at ISFSIs and Hardened On

- Site Storage at all nuclear

power plants; and the NRC establish funding to conduct ongoing studies to provide the data

required to accurately define and monitor for age

- related material degradation



### .

Final Action: A notice of receipt for this petition was published in the Federal Register on March 3,

2009 (74 FR 9178 ). The public comment period closed on May 18 , 200 9 . Resolution of the petition

is i n progress

.

Agency Contact: Jeffery A. Lynch

, Office of Federal and State Materials and

Environmental Management Programs

, (301) 415

- 5041 ; e

- mail: Jeffery.Lynch @nrc.govBIBLIOGRAPHIC DATA SHEET

(See instructions on the reverse) NRC FORM 335

(12-2010)

NRCMD 3.7 U.S. NUCLEAR REGULATORY COMMISSION 1. REPORT NUMBER

(Assigned by NRC, Add Vol., Supp., Rev.,

and Addendum Numbers, if any.)

NUREG-0936

Vol. 29, No. 2

3. DATE REPORT PUBLISHED

MONTH

March YEAR

2011

4. FIN OR GRANT NUMBER 2. TITLE AND SUBTITLE

NRC Regulatory Agenda

Semiannual Report

July - December 2010

5. AUTHOR(S) 6. TYPE OF REPORT

Semiannual

7. PERIOD COVERED (Inclusive Dates)

July - December 2010

8. PERFORMING ORGANIZATION - NAME AND ADDRESS (If NRC, provide Division, Office or Region, U.S. Nuclear Regulatory Commission, and mailing address; if contractor,

Division of Administrative Services

9. SPONSORING ORGANIZATION - NAME AND ADDRESS (If NRC, type "Same as above"; if contractor, provide NRC Division, Office or Region, U.S. Nuclear Regulatory Commission, p rovide name and mailing address.)

and mailing address.)

10. SUPPLEMENTARY NOTES

11. ABSTRACT (200 words or less)

The NRC Regulatory Agenda is a compilation of all rules on which NRC has recently completed action,

or has proposed action, or is considering action, and all petitions for rulemaking which have been received

by the Commission and are pending disposition by the Commission. The Regulatory Agenda

is updated and issued semiannually.

NUREG-0936, Volume 29, Number 2, July - December 2010, will be the final publication of the NRC

Regulatory Agenda.

12. KEY WORDS/DESCRIPTORS (List words or phrases that will assist researchers in locating the report.)

Compilation of rules

Petitions for rulemaking 14. SECURITY CLASSIFICATION 13. AVAILABILITY STATEMENT

Unlimited

(This Page)

Unclassified

(This Report)

Unclassified

15. NUMBER OF PAGES

16. PRICE

NRC FORM 335 (12-2010)

Office of Administration

U.S. Nuclear Regulatory Commission

Washington, DC 20555-0001