REGULATIONS AND AMENDMENTS PUT INTO EFFECT – FY 2008 

Requirements for Expanded Definition of Byproduct Material – Parts 20, 30, 31, 32, 

33, 35, 50, 61, 62, 72, 110, 150, 170, and 171 – RIN AH84 – NRC-2006-0011 

 On October 1, 2007 (72 FR 55863), the NRC published an amendment to its 

regulations, effective November 30, 2007, to include jurisdiction over discrete sources of 

radium-226, accelerator-produced radioactive materials, and discrete sources of 

naturally occurring radioactive material, as required by the Energy Policy Act of 2005, 

which was signed into law on August 8, 2005. On March 18, 2008 (73 FR 14376), the 

NRC published a notice of impending waiver termination to provide advance notification 

that on September 30, 2008, the Commission will terminate the time-limited waivers for 

the certain non-Agreement States and remaining U.S. Territories. 

Limited Work Authorizations for Nuclear Power Plants – Parts 2, 50, 51, 52, and 

100 – RIN AI05 – NRC-2008-0222 

On October 9, 2007 (72 FR 57415), the NRC published an amendment to its 

regulations, effective November 8, 2007, applicable to limited work authorizations 

(LWAs), which allow certain construction activities on production and utilization facilities 

to commence before a construction permit or combined license is issued. This final rule 

modifies the scope of activities that are considered construction for which a construction 

permit, combined license, or LWA is necessary, specifies the scope of construction 

activities that may be performed under an LWA, and changes the review and approval 

process for LWA requests. The NRC is adopting these changes to enhance the 

efficiency of its licensing and approval process for production and utilization facilities, 

including new nuclear power reactors. A document correcting erroneous language to 

the preamble and codified language of this final rule was published on April 28, 2008 (72 

FR 22786). 

Exemptions From Licensing, General Licenses, and Distribution of Byproduct 

Material: Licensing and Reporting Requirements – Parts 30, 31, 32, and 150 – RIN 

AH41 – NRC-2006-0001 

 On October 16, 2007 (72 FR 58473), the NRC published an amendment to its 

regulations, effective December 17, 2007, governing the distribution of byproduct 

material. The reporting requirements for licensees distributing byproduct material to 

persons exempt from licensing are being changed, obsolete provisions are being 

deleted, certain regulatory provisions are being clarified, and smoke detector distribution 

regulations are being simplified. In addition, this rule modifies the process for 

transferring a generally licensed device for use under a specific license. These actions 

are intended to make the licensing of distribution to exempt persons more effective and 

efficient, reduce unnecessary regulatory burden to certain general licensees, and better 

ensure the protection of public health and safety. 

 
2 

 

National Source Tracking of Sealed Sources; Revised Compliance Dates – 

Part 20 – RIN AI22 – NRC-2008-0544 

 On October 19, 2007 (72 FR 59162), the NRC published an amendment to its 

regulations to revise the compliance dates for licensees to begin reporting source 

transactions and initial source inventory information to the National Source Tracking 

System for nationally tracked sources. This final rule is effective immediately. 

Compliance with the reporting provisions in 10 CFR 20.2207 is required by January 31, 

2009, for both Category 1 sources and Category 2 sources. 

Clarification of NRC Civil Penalty Authority Over Contractors and Subcontractors 

Who Discriminate Against Employees for Engaging in Protected Activities – Parts 

30, 40, 50, 52, 60, 61, 63, 70, 71, 72, and 76 – RIN AH59 – NRC-2006-0002 

 On November 14, 2007 (72 FR 63969), the NRC published an amendment to its 

employee protection regulations, effective December 14, 2007, to clarify the 

Commission’s authority to impose a civil penalty upon a non-licensee contractor or 

subcontractor of a Commission licensee, or applicant for a Commission license who 

violates the NRC’s regulations by discriminating against employees for engaging in 

protected activity. This rule is also amending NRC’s employee protection regulations 

related to the operation of Gaseous Diffusion Plants to conform with the NRC’s other 

employee protection regulations and to allow the NRC to impose a civil penalty on the 

United States Enrichment Corporation (USEC), as well as a contractor or subcontractor 

of USEC. 

Use of Electronic Submissions in Agency Hearings; Correction – Parts 2 and 13 – 

RIN AH74 – NRC-2005-0014 

 On November 16, 2007 (72 FR 64529), the NRC published a document 

correcting a final rule appearing in the Federal Register on August 28, 2007 (72 FR 

49139), that requires the use of electronic submissions in all agency hearings, consistent 

with the existing practice for the high-level radioactive waste repository application. This 

document corrects two typographical errors. This correction is effective November 16, 

2007. 
3 

Occupational Dose Records, Labeling Containers, and the Total Effective Dose 

Equivalent – Parts 19, 20, and 50 – RIN AH40 – NRC-2006-0013 

 On December 4, 2007 (72 FR 68043), the NRC published an amendment to its 

regulations, effective January 3, 2008, related to the reporting of annual dose to workers, 

the definition of Total Effective Dose Equivalent (TEDE), the labeling of certain 

containers holding licensed material, and the determination of cumulative occupational 

radiation dose. This rule limits the routine reporting of annual doses to those workers 

whose annual dose exceeds a specific dose threshold or who request a report. This rule 

also modifies the labeling requirements for certain containers holding licensed material 

within posted areas in nuclear power facilities. This rule also amends the definition of 

TEDE to be consistent with current Commission policy. Finally, this amendment 

removes the requirement that licensees attempt to obtain cumulative exposure records 

for workers unless these individuals are being authorized to receive a planned special 

exposure. These revisions reduce the administrative and information collection burdens 

on NRC and Agreement State licensees without affecting the level of protection for either 

the health and safety of workers and the public, or for the environment. A notice 

deferring the effective date of this rule was published on December 20, 2007 (72 FR 

72233). A confirmation of effective date of this rulemaking was published on February 

14, 2008; 73 FR 8588. The effective date for this final rule is February 15, 2008.

Incorporation by Reference of American Society of Mechanical Engineers Boiler 

and Pressure Vessel Code Cases – Part 50 – RIN AH80 – NRC-2006-0017 

 On December 19, 2007 (72 FR 71750), the NRC published an amendment to its 

regulations, effective January 18, 2008, to incorporate by reference the latest revisions 

of two previously incorporated regulatory guides that approve Code Cases published by 

the American Society of Mechanical Engineers (Regulatory Guides 1.84, Revision 34, 

and Regulatory Guide 1.147, Revision 15). 

Minor Amendments: Re-organization – Parts 1, 20, 30, 31, 32, 34, 35, 40, 50, 51, 52, 

55, 61, 62, 73, 75, 100, 140, and 150 – RIN AI07 – NRC-2008-0054 

On January 31, 2008 (73 FR 5709), the NRC published an amendment to its 

regulations, effective immediately, to reflect the addresses of two additional 

Headquarters buildings, the reorganization of the Office of Nuclear Materials Safety and 

Safeguards, the creation of the Office of Federal and State Materials and Environmental 

Management Programs, the reorganization of the Office of Nuclear Reactor Regulation, 

the creation of the Office of New Reactors, and other minor changes. 

Delegated Authority To Order Use of Procedures for Access to Certain Sensitive 

Unclassified Information – Part 2 – RIN AI32 – NRC-2008-0118 

 On February 29, 2008 (73 FR 10978), the NRC published an amendment to its 

regulations, effective March 31, 2008, that delegates authority to the Office of the 

Secretary of the Commission to issue orders requiring the use of certain procedures for 

access to sensitive unclassified information in adjudicatory proceedings. The NRC is 

also making available final procedures that would allow potential parties to NRC 

adjudications to gain access to Sensitive Unclassified Non-Safeguards Information or 

Safeguards Information. 

 
4 

 

Interlocutory Review of Rulings on Requests by Potential Parties for Access to 

Sensitive Unclassified Non-Safeguards Information and Safeguards Information –

Part 2 – RIN AI08 – NRC-2007-0005 

 On March 10, 2008 (73 FR 12627), the NRC published an amendment to its 

regulations, effective April 9, 2008, to provide for expedited (and, in this case, 

interlocutory) review by the Commission of orders on requests by potential parties for 

access to certain sensitive unclassified non-safeguards information and Safeguards 

Information. 

Fitness for Duty Programs – Part 26 – RIN AF12 – NRC-2002-0002 

On March 31, 2008 (73 FR 16965), the NRC published an amendment to its 

regulations, effective April 30, 2008, for Fitness for Duty (FFD) programs to update the 

FFD requirements and enhance consistency with advances in other relevant Federal 

rules and guidelines, including the U.S. Department of Health and Human Services 

Mandatory Guidelines for Federal Workplace Drug Testing Programs, and other Federal 

drug and alcohol testing programs that impose similar requirements on the private 

sector. A document correcting the table of contents for Subparts N and O was published 

on April 22, 2008 (73 FR 21690). 

Administrative Changes: NRC Region IV Address Change and Phone Number and 

E-mail Address Changes – Parts 1, 19, 20, 30, 40, 50, 52, 55, 60, 61, 63, 70, 71, 72, 

73 and 76 – RIN AI39 – NRC-2008-0270 

On May 28, 2008 (73 FR 30456), the NRC published an amendment to its 

regulations, effective immediately, to update the street address for its Region IV office, 

and to update a telephone number and e-mail address for the Office of Information 

Services. 

Licenses, Certifications, and Approvals for Nuclear Power Plants; Correction – 

Part 50 – RIN AG24 – NRC-2001-0010

 On June 3, 2008 (73 FR 31607), the NRC published a correction to a final rule 

published on August 28, 2007 (72 FR 40352). The final rule revised the provisions 

applicable to the licensing and approval processes for nuclear power plants (i.e., early 

site permit, standard design approval, standard design certification, combined license, 

and manufacturing license). This correction, effective immediately, is necessary to 

include a paragraph that was inadvertently omitted in that final rule. 

Revision of Fee Schedules; Fee Recovery for FY 2008 – Parts 170 and 171 – 

RIN AI28 – NRC-2008-0080 

On June 6, 2008 (73 FR 32385), the NRC published an amendment to its 

regulations, effective August 5, 2008, to amend the licensing, inspection, and annual 

fees charged to its applicants and licensees. The amendments are necessary to 

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

which requires that the NRC recover approximately 90 percent of its budget authority in 

fiscal year 2008, less the amounts appropriated from the Nuclear Waste Fund, amounts 

appropriated for Waste Incidental to Reprocessing activities, and amounts appropriated 

for generic homeland security activities. 
5 

Regulatory Improvements to the Nuclear Materials Management and Safeguards 

System – Parts 40, 72, 73, 74, and 150 – RIN AH85 – NRC-2007-0002 

 On June 9, 2008 (73 FR 32453), the NRC published an amendment to its 

regulations, effective January 1, 2009, to amend its licensee reporting requirements for 

source material and special nuclear material (SNM) to the Nuclear Materials 

Management and Safeguards System (NMMSS). The amendments lower the threshold 

of the quantities of SNM and certain source materials that require the submission of 

material status reports to the NMMSS. Also, the amendments modify the types and 

timing of submittals of some transaction reports to the NMMSS. The amendment also 

requires licensees to reconcile any material inventory discrepancies that NRC identifies 

in the NMMSS database. The amendments reduce some regulatory burden by reducing 

the current reporting requirements related to the export of certain source material and 

SNM. The annual reporting requirements are new requirements for licensees who 

possess 350 grams or less of SNM. 

List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision 5 – Part 72 – 

RIN AI24 – NRC-2008-0013 

 On June 12, 2008 (73 FR 33291), the NRC published an amendment to its 

regulations, effective July 14, 2008, to revise the Holtec International HI-STORM 100 

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

Amendment No. 5 to Certificate of Compliance Number 1014. 

Administrative Changes – Parts 2, 30, 31, 32, 40, 50, 61, 62, and 70 – RIN AI46 – 

NRC-2008-0397

 On July 23, 2008 (73 FR 42671), the NRC published an amendment to its 

regulations, effective immediately, to remove obsolete text, restore material removed 

inadvertently from the NRC’s regulations, and make administrative changes to the 

NRC’s regulations to correct errors published in recent rulemaking documents. This final 

rule also updates the definition of a not-for-profit organization. 

Price-Anderson Act Financial Protection Regulations and Elimination of Antitrust 

Reviews; Correction – Parts 2 and 50 – RIN AH78 – NRC-2005-0032 

 On July 31, 2008 (73 FR 44619), the NRC published a correction to a final rule 

published on October 27, 2005 (70 FR 61885). The final rule revised the Commission’s 

regulations to conform to the provisions of the Energy Policy Act of 2005 that, among 

other things, terminated the NRC’s authority and responsibility to conduct antitrust 

reviews of future applications to construct or operate a nuclear reactor. Inadvertently, 

the final rule failed to remove some references to the NRC’s authority and responsibility 

to conduct antitrust reviews. This correction document removes those provisions. 
6 

 

Industry Codes and Standards; Amended Requirements – Part 50 – RIN AH76 – 

NRC-2007-0003 

 On September 10, 2008 (73 FR 52729), the NRC published an amendment to its 

regulations, effective October 10, 2008, to incorporate by reference the 2004 Edition of 

Section III, Division 1, and Section XI, Division 1, of the American Society of Mechanical 

Engineers (ASME) Boiler and Pressure Vessel Code (BPV Code), and the 2004 Edition 

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

to provide updated rules for constructing and inspecting components and testing pumps, 

valves, and dynamic restraints (snubbers) in light-water nuclear power plants. The NRC 

also is incorporating by reference ASME Code Cases N-722, and N-729-1, both with 

conditions. The amendment also removes certain obsolete requirements specified in the 

NRC’s regulations. This action is in accordance with the NRC’s policy to periodically 

update the regulations to incorporate by reference new editions and addenda of the 

ASME Codes and is intended to maintain the safety of nuclear reactors and make NRC 

activities more effective and efficient. 

Adjustment of Civil Penalties for Inflation – Parts 2 and 13 – RIN AI45 – 

NRC-2008-0412 

On September 23, 2008 (73 FR 54671), the NRC published an amendment to its 

regulations, effective October 23, 2008, to adjust the maximum Civil Monetary Penalties 

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

were mandated by Congress in the Federal Civil Penalties Inflation Adjustment Act of 

1990, as amended by the Debt Collection Improvement Act of 1996. The NRC is 

amending its regulations to adjust the maximum CMP for a violation of the Atomic 

Energy Act of 1954, as amended, (AEA) or any regulation or order issued under the AEA 

from $130,000 to $140,000 per violation per day. Further, the provisions concerning 

program fraud civil penalties are being amended by adjusting the maximum CMP under 

the Program Fraud Civil Remedies Act from $6,000 to $7,000 for each false claim or 

statement. 

Technical Specifications-Restoring the Original Paragraph Designations – 

Part 50 – RIN AI41 – NRC-2008-0263 

 On September 24, 2008 (73 FR 54931), the NRC published an amendment to its 

regulations, effective October 24, 2008, to resolve an administrative issue raised in a 

petition for rulemaking (PRM) submitted by the Strategic Teaming and Resource Sharing 

Integrated Regulatory Affairs Group (PRM-50-91). This final rule restores the original 

paragraph designations as existed in 10 CFR 50.36 before the 2007 Part 52 final 

rulemaking. This final rule eliminates the need for licensees to expend resources on 

administrative redesignations that have no safety benefit. 

Inflation Adjustment to the Price-Anderson Act Financial Protection Regulations – 

Part 140 – RIN AI44 – NRC-2008-0512 

 On September 29, 2008 (73 FR 56451), the NRC published an amendment to its 

regulations, effective October 29, 2008, to adjust the maximum total and annual 

standard deferred premiums specified in the Price-Anderson Act for inflation at least 

once during each 5-year period following August 20, 2003. 
7 

DIRECT FINAL RULES 

List of Approved Spent Fuel Storage Casks: HI-STORM 100, Revision 4 – Part 72 – 

RIN AI23 – NRC-2008-0121

 On October 25, 2007 (72 FR 60543), the NRC published a direct final rule, 

effective January 8, 2008, amending its spent fuel storage cask regulations by revising 

the Holtec International HI-STORM 100 cask system listing within the list of approved 

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

number 1014. The companion proposed rule was published on October 25, 2007 (72 

FR 60589). The confirmation of effective date was published on January 2, 2008 (73 FR 

17). 

List of Approved Spent Fuel Storage Casks: HI-STORM 100, Revision 5 – Part 72 – 

RIN AI24 – NRC-2008-0013

 On December 31, 2007 (72 FR 74162), the NRC published a direct final rule, 

effective March 17, 2008, amending its spent fuel storage cask regulations by revising 

the Holtec International HI-STORM 100 cask system listing within the list of approved 

spent fuel storage casks to include Amendment No. 5 to Certificate of Compliance 

number 1014. The companion proposed rule was published on December 31, 2007 (72 

FR 74209). A notice withdrawing this direct final rule was published in the Federal 

Register on March 12, 2008 (73 FR 13071). 
8 

 

PROPOSED REGULATIONS AND AMENDMENTS 

Alternate Fracture Toughness Requirements for Protection Against Pressurized 

Thermal Shock Events – Part 50 – RIN AI01 – NRC-2007-0008 

On October 3, 2007 (72 FR 56275), the NRC published a proposed rule that 

would amend its regulations to provide updated fracture toughness requirements for 

protection against pressurized thermal shock (PTS) events for pressurized water reactor 

(PWR) pressure vessels. The proposed amendments would provide new PTS 

requirements based on updated analysis methods. This action would reduce regulatory 

burden for licensees, specifically those licensees that expect to exceed the existing 

requirements before the expiration of their licenses, while maintaining adequate safety. 

These new requirements would be voluntarily utilized by any PWR licensee as an 

alternative to complying with the existing requirements. A notice reopening the comment 

period specific to the information collection aspects of this rule was published on 

November 21, 2007 (72 FR 65470). 

Consideration of Aircraft Impacts for New Nuclear Power Reactor Designs – 

Part 52 – RIN AI19 – NRC-2007-0009

 On October 3, 2007 (72 FR 56287), the NRC published a proposed rule that 

would amend its regulations to require applicants for new standard design certifications 

that do not reference a standard design approval; new standard design approvals; 

combined licenses that do not reference a standard design certification, standard design 

approval, or manufactured reactor; and new manufacturing licenses that do not 

reference a standard design certification or standard design approval to assess the 

effects of the impact of a large, commercial aircraft on the nuclear power plant. This rule 

would require nuclear power plant designers to perform a rigorous assessment of design 

features that could provide additional inherent protection to avoid or mitigate, to the 

extent practicable, the effects of an aircraft impact, with reduced reliance on operator 

actions. 

Geologic Repository Operations Area Security and Material Control and 

Accounting Requirements – Parts 60, 63, 73, and 74 – RIN AI06 – NRC-2007-0670 

On December 20, 2007 (72 FR 72521), the NRC published a proposed rule that 

would revise the security requirements and material control and accounting (MC&A) 

requirements for a geologic repository operations area (GROA). This rulemaking would 

ensure that effective security measures are in place for the protection of high-level 

radioactive waste and other radioactive material at a GROA given the postSeptember 11, 2001, threat environment. New requirements for specific training 

enhancements, improved access authorization, enhancements to defensive strategies, 

and enhanced reporting requirements would be incorporated. The proposed rule would 

establish general performance objectives and corresponding system capabilities for the 

GROA MC&A Program, with a focus on strengthening, streamlining, and consolidating 

all MC&A regulations specific to a GROA. The proposed rule also would require the 

emergency plan to address radiological emergencies. A notice extending the public 

comment period was published on February 26, 2008 (73 FR 10187). 
9 

Decommissioning Planning – Parts 20, 30, 40, 50 70, and 72 – RIN AH45 – 

NRC-2008-0030 

On January 22, 2008 (73 FR 3811), the NRC published a proposed rule that 

would amend its regulations to improve decommissioning planning, and thereby reduce 

the likelihood that any current operating facility will become a legacy site. The amended 

regulations would require licensees to conduct their operations to minimize the 

introduction of residual radioactivity into the site, including subsurface soil and 

groundwater. Licensees also would be required to survey certain quantities or 

concentrations of residual radioactivity, including in subsurface areas, and keep records 

of surveys of subsurface residual radioactivity identified at the site with records important 

for decommissioning. The amended regulations would require licensees to report 

additional details in their decommissioning cost estimates, would eliminate two currently 

approved financial assurance mechanisms, and would modify the parent company 

guarantee and self-guarantee financial assurance mechanisms to authorize the NRC to 

require that guaranteed funds be immediately due and payable to a standby trust if the 

guarantor is in financial distress. Finally, the amended regulations would require 

decommissioning power reactor licensees to report additional information on the costs of 

decommissioning and spent fuel management. A notice of extension of comment period 

was published on March 20, 2008 (73 FR 14946). 

Revision of Fee Schedules; Fee Recovery for FY 2008 – Parts 170 and 171 – RIN 

AI28 – NRC-2008-0080 

 On February 13, 2008 (73 FR 8507), the NRC published a proposed rule that 

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

licensees. The proposed amendments are necessary to implement the Omnibus Budget 

Reconciliation Act of 1990 (OBRA-90), as amended, which requires that the NRC 

recover approximately 90 percent of its budget authority in fiscal year 2008, less the 

amounts appropriated from the Nuclear Waste Fund, amounts appropriated for Waste 

Incidental to Reprocessing, and amounts appropriated for generic homeland security 

activities. A notice correcting erroneous tables in the proposed rule was published on 

March 28, 2008 (73 FR 16747). 

Power Reactor Security Requirements; Supplemental Proposed Rule – Part 50 – 

RIN AG63 – NRC-2008-0019 

 On April 10, 2008 (73 FR 19443), the NRC published a supplemental proposed 

rule that would add new provisions regarding licensee procedures for responding to 

notifications of potential aircraft threat and for the mitigation of the loss of large areas of 

their facilities due to large fires or explosions. These provisions were previously noticed 

for public comment in the October 26, 2006 (71 FR 62664) proposed power reactor 

security rulemaking. The NRC is publishing this supplemental proposed rule to obtain 

additional stakeholder feedback on the additional regulatory text that has been added to 

these provisions since the original proposed rule was published for public comment. 
10 

 

Expansion of the National Source Tracking System – Parts 20 and 32 – RIN AI29 – 

NRC-2008-0200 

 On April 11, 2008 (73 FR 19749), the NRC published a proposed rule that would 

expand the current National Source Tracking System (NSTS) to include certain 

additional sealed sources. The proposed amendments would require licensees to report 

certain transactions involving these sealed sources to the NSTS. These transactions 

would include the manufacture, transfer, 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. 

Medical Use of Byproduct Material–Amendments/Medical Event Definitions – 

Part 35 – RIN AI26 – NRC-2008-0071

On August 6, 2008 (73 FR 45635), the NRC published a proposed rule that 

would amend its regulations that govern medical use of byproduct material related to 

reporting and notifications of medical events (MEs) to clarify requirements for permanent 

implant brachytherapy. The proposed amendments would change the criteria for 

defining an ME for permanent implant brachytherapy from dose-based to activity-based; 

add a requirement to report, as an ME, any administration requiring a written directive 

(WD) if a WD was not prepared; clarify requirements for WDs for permanent implant 

brachytherapy; and make certain administrative and clarification changes. 

Alternate Fracture Toughness Requirements for Protection Against Pressurized 

Thermal Shock Events – Part 50 – RIN AI01 – NRC-2007-0008 

On August 11, 2008 (73 FR 46557), the NRC published a proposed rule that 

would adopt the provisions regarding applicability of the rule and new provisions 

regarding procedures to perform surveillance data checks related to the updated fracture 

toughness requirements for protection against pressurized thermal shock events for 

pressurized water reactor pressure vessels. This document is a supplemental proposed 

rule to a rule published on October 3, 2007 (72 FR 56275). 

Criminal Penalties; Unauthorized Introduction of Weapons – Part 73 – RIN AI31 – 

NRC-2008-0458 

On September 3, 2008 (73 FR 51378), the NRC published a proposed rule that 

would authorize the imposition of Federal criminal penalties on those who, without 

authorization, introduce weapons or explosives into specified classes of facilities and 

installations subject to the regulatory authority of the NRC. This action is necessary to 

implement section 229, “Trespass on Commission Installations,” of the Atomic Energy 

Act of 1954, as amended. 
11 

AVAILABILITY OF DRAFT RULE LANGUAGE 

Enhancements to Emergency Preparedness Regulations – Part 50 – AI10 – 

NRC-2008-0122 

 On March 12, 2008 (73 FR 13157), the NRC published a notice of availability of 

draft rule language that would constitute amendments to its regulations on emergency 

preparedness (EP). The release of the preliminary draft requirements is intended to 

inform stakeholders of the current status of the NRC’s activities on its EP rulemaking. 

The goal of this rulemaking is to enhance EP regulations based on operating 

experiences and the post-September 11, 2001, threat environment. 

License and Certificate of Compliance Terms – Part 72 – RIN AI09 – 

NRC-2008-0361 

 On August 4, 2008 (73 FR 45173), the NRC published a notice of availability of 

draft rule language that would clarify the license term limits for dry storage cask 

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

(ISFSI) licenses, provide consistency between the general license requirements and the 

site-specific ISFSI license requirements, and allow Part 72 general licensees to 

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

CoC or an earlier amended CoC (a previously loaded cask). More specifically, the 

proposed amendments would allow for longer initial and renewal terms for Part 72 CoCs 

and licenses, clarify the general license storage term, clarify the difference between CoC 

approval and renewal, allow a licensee to apply the changes associated with a CoC 

amendment to a previously loaded cask without express NRC approval, provided the 

cask then fully conforms to the terms, conditions, and specifications of the amended 

CoC, and make certain administrative and clarification changes. 
12 

 

ADVANCE NOTICES OF PROPOSED RULEMAKING (ANPRM) 

Medical Use of Byproduct Material—Amendments/Medical Event Definitions – 

Part 35 – AI26 – NRC-2008-0071 

 On February 15, 2008 (73 FR 8830), the NRC published an ANPRM to request 

comments on preliminary draft rule language. This rule would define medical events 

arising from permanent implant brachytherapy procedures. The proposed amendments 

would change the criteria for defining a medical event for permanent implant 

brachytherapy from dose based to activity based, would add a requirement to report as a 

medical event any administration requiring a written directive if a written directive was 

not prepared, and would make certain administrative and clarification changes. 
13 

POLICY STATEMENTS 

Conduct of New Reactor Licensing Proceedings; Final Policy Statement – 

NRC-2008-0223 

On April 17, 2008 (73 FR 20963), the NRC published a notice announcing that it 

is adopting a statement of policy concerning the conduct of new reactor licensing 

proceedings. This policy statement is effective immediately. 

Regulation of Advanced Nuclear Power Plants; Draft Statement of Policy – 

Part 50 – NRC-2008-0237 

 On May 9, 2008 (73 FR 26349), the NRC published a draft policy statement that 

would improve the licensing environment for advanced nuclear power reactors to 

minimize complexity and uncertainty in the regulatory process. This statement would 

provide the Commission’s policy regarding the review of, and desired characteristics 

associated with, advanced reactors. This policy statement would be the second revision 

of the policy statement titled “Regulation of Advanced Nuclear Power Plants; Statement 

of Policy.” The purpose of this revision is to update the Commission’s policy statement 

on advanced reactors to integrate the Commission’s expectations for security and 

preparedness with the current expectations for safety. 

NRC Enforcement Policy: Extension of Discretion Period of Interim Enforcement 

Policy – NRC-2008-0486 

 On September 10, 2008 (73 FR 52705), the NRC published a notice revising the 

NRC “Interim Enforcement Policy Regarding Enforcement Discretion for Certain Fire 

Protection Issues” (10 CFR 50.48 Fire Protection), which will allow a licensee the option 

to request an extended enforcement discretion period if they are pursuing transition to 

10 CFR 50.48(c), “National Fire Protection Association Standard NFPA 805.” This 

revision is effective immediately. 

NRC Enforcement Policy Revision – NRC-2008-0497 

 On September 15, 2008 (73 FR 53286), the NRC published a notice of 

availability and request for comment on the revision of its Enforcement Policy. This 

revision would more appropriately address the various areas that the NRC regulates, 

providing a framework that supports consistent implementation of the Enforcement 

Policy. 
14 

 

MEMORANDUM OF UNDERSTANDING (MOU) 

Notice of Availability of Memorandum of Understanding Between U.S. Army Corps 

of Engineers and U.S. Nuclear Regulatory Commission on Environmental Reviews 

Related to the Issuance of Authorizations to Construct and Operate Nuclear Power 

Plants – NRC-2008-0534 

 On September 25, 2008 (73 FR 55546), the NRC published an MOU between 

the U.S. Army Corps of Engineers and the NRC, which establishes a framework for early 

coordination and participation among the agencies. The MOU is an effort to facilitate the 

timely review of proposed nuclear power plant applications. The MOU establishes a 

commitment to early agency involvement; proactive participation and information 

communication throughout the review process; sharing of information gathered, 

considered and relied upon by each agency, and, if requested, interagency participation 

in public hearings. Interagency cooperation under the MOU will facilitate each agency’s 

compliance with its review responsibilities under the National Environmental Policy Act 

and other related statues with respect to the authorizations required to construct and 

operate nuclear power plants licensed by the NRC. It is anticipated that the Corps will 

act as a cooperating agency in most circumstances. However, the MOU does not 

preclude different forms of coordination (e.g., Corps participation as a consulting 

agency).
15 

PETITIONS FOR RULEMAKING 

NOTICE OF RECEIPT 

Natural Resources Defense Council – PRM-50-90 – NRC-2008-0279 

On May 27, 2008 (73 FR 30321), the NRC published a notice of receipt of 

petition for rulemaking submitted by the Natural Resources Defense Council. The 

petitioner requested that the NRC amend the regulations that govern domestic licensing 

of production and utilization facilities, and special nuclear material to establish a date 

when the NRC will no longer license the use or export of highly enriched uranium except 

for restricted use by a few specialized facilities. A notice reopening the public comment 

period was published on August 25, 2008 (73 FR 49965). 

Petitions Closed Through the Rulemaking Process 

Barbara Hamrick, Chair, Organization of Agreement States, Inc. – PRM-34-06 – 

NRC-2005-0019 

On May 14, 2008 (73 FR 27771), the NRC published a notice announcing 

consideration of the issues raised in a petition for rulemaking submitted by Barbara 

Hamrick, Chair, Organization of Agreement States, Inc. The petitioner requested that 

the NRC amend its regulations to require that an individual receive at least 40 hours of 

radiation safety training before using sources of radiation for industrial radiography; to 

revise the requirements for at least two qualified individuals to be present at a temporary 

job site; and to clarify how many individuals are required to meet surveillance 

requirements. The petitioner also requested that NUREG-1556, Volume 2, be revised to 

reflect the proposed amendments. The NRC has determined that this petition will be 

considered through NRC’s rulemaking process in a future rulemaking. 

E. Russell Ritenour, PhD – PRM-35-20 – NRC-2006-0020 

 On May 14, 2008 (73 FR 27773), the NRC published a notice announcing 

consideration of the issues raised in the petition for rulemaking submitted by E. Russell 

Ritenour, PhD. The petitioner requested that the NRC amend its regulations that 

address training requirements for experienced Radiation Safety Officers and Authorized 

Medical Physicists. The NRC concluded that the issues raised in the petition will be 

considered in the rulemaking process in the following way. The NRC will attempt to 

develop a technical basis to support a rulemaking that would address the issues raised 

in the petition. If a technical basis which supports rulemaking can be developed, the 

issues will be addressed in a future rulemaking. If a technical basis to support a 

rulemaking cannot be developed, the issues will not be considered further by the NRC. 
16 

 

Christine O. Gregoire, Governor of the State of Washington – PRM-71-13 – 

NRC-2007-0022 

 On July 16, 2008 (73 FR 40767), the NRC published a notice announcing 

consideration of the issues raised in the petition for rulemaking submitted by Christine O. 

Gregoire, Governor of the State of Washington. The petitioner requested that the NRC 

amend its regulations to require the use of global positioning satellite (GPS) for tracking 

vehicles transporting highly radioactive mobile or portable radioactive devices. The 

petitioner stated that another alternative was for the Commission to grant states the 

flexibility to impose more stringent requirements than those required under NRC’s 

current increased controls. The NRC has concluded that this petition merits further 

consideration, and therefore, will be included in NRC’s ongoing rulemaking efforts on the 

security requirements for the transportation of Radioactive Material in Quantities of 

Concern. 

Scott Portzline, Three Mile Island Alert – PRM-73-11 – NRC-2001-0023 

 On July 29, 2008 (73 FR 43874), the NRC published a notice announcing 

consideration of the issues raised in the petition for rulemaking submitted by Scott 

Portzline, Three Mile Island Alert. The petitioner requested that the NRC regulations 

governing physical protection of plants and materials be amended to require NRC 

licensees to post at least one armed guard at each entrance to the “owner controlled 

areas” (OCAs) surrounding all U.S. nuclear power plants. The petitioner stated that this 

should be accomplished by adding armed site protection officers (SPOs) to the security 

forces—not by simply moving SPOs from their protected area posts to the OCA 

entrances. This petition is being considered in a proposed rulemaking, “Power Reactor 

Security Requirements,” published in the Federal Register on October 26, 2006 (71 FR 

62664). 

David Lochbaum, Union of Concerned Scientists – PRM-73-13 – 

NRC-2007-0023 

 On July 29, 2008 (73 FR 43874), the NRC published a notice announcing 

consideration of the issues raised in the petition for rulemaking submitted by David 

Lochbaum, Union of Concerned Scientists. The petitioner requested that the NRC 

amend its regulations to require that licensees implement procedures to ensure that 

when information becomes known to a licensee about an individual that would prevent 

that individual from gaining unescorted access to the protected area of a nuclear power 

plant, the licensee will implement measures to ensure the individual does not enter the 

protected area, whether escorted, or not; and when sufficient information is not available 

to a licensee about an individual to determine whether the criteria for unescorted access 

are satisfied, the licensee will implement measures to allow that individual to enter the 

protected area only when escorted at all times by an armed member of the security force 

who remains in periodic communication with security supervision. This petition is being 

considered in a proposed rulemaking, “Power Reactor Security Requirements,” 

published in the Federal Register on October 26, 2006 (71 FR 62664). 
17 

Petitions Denied 

William Stein, III, M.D. – PRM-35-19 – NRC-2006-0019 

On October 24, 2007 (72 FR 60285), the NRC published a denial of a petition for 

rulemaking submitted by William Stein, III, M.D. The petitioner requested that the NRC 

amend its regulations that govern medical use of byproduct material concerning training 

for parenteral administration of certain radioactive drugs—samarium-153 lexidronam 

(Quadramet), iodine-131 tositumomab (Bexxar), and yttrium-90 ibritumomab tiuxetan 

(Zevalin) —used to treat cancer. The Commission denied this petition because the NRC 

determined that the current requirements establish the appropriate amount of training 

and experience for a physician to become an authorized user for the parenteral 

administration of Quadramet, Bexxar, and Zevalin, and that the NRC requirements do 

not impose an unnecessary regulatory burden for the use of Quadramet, Bexxar, 

Zevalin, and similar radiopharmaceuticals. The existing NRC regulations provide the 

basis for NRC to have reasonable assurance that public health and safety is adequately 

protected. Neither the petitioner nor the commenters supporting the petition have 

provided sufficient information that would warrant the regulatory relief sought by the 

petitioner. 

State of Nevada – PRM-63-2 – NRC-2006-0024 

 On October 24, 2007 (72 FR 60288), the NRC published a denial of a petition for 

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

amend its regulations for the proposed geologic repository at Yucca Mountain, Nevada 

(YM), to specify the limits of permissible spent fuel storage at the YM site. The 

Commission denied this petition because NRC’s regulations are consistent with law and 

do not permit storage of spent nuclear fuel at the YM site unless such storage is integral 

to waste handling, necessary treatment, and disposal at the proposed repository, 

including storage which is integral to the thermal-loading strategy for disposal that the 

Department of Energy may include in its design of the entire repository system. 

Susan Shapiro, Esquire, Friends United for Sustainable Energy – PRM-54-4 – 

NRC-2007-0020 

On November 8, 2007 (72 FR 63141), the NRC published a denial of a petition 

for rulemaking submitted by Susan Shapiro, Esquire, Friends United for Sustainable 

Energy. The petitioner requested that the NRC issue an order to enjoin the NRC from 

considering any new license applications until the NRC can amend its regulations so that 

the regulations do not suppress and/or eliminate a stakeholder’s right to redress, due 

process and equal protection in the licensing renewal process. The Commission denied 

this petition because the petitioner did not provide any new information that was not 

previously considered by the NRC in denying the petitions submitted by County 

Executive Andrew Spano of Westchester County, New York, in PRM-54-2, and Mayor 

Joseph Scarpelli of Brick Township, New Jersey in PRM-54-3 (December 13, 2006; 71 

FR 74848). The petitioner did not present any new information that contradicts positions 

taken by the Commission when the December 13, 1991, license renewal rule was 

established, or demonstrate that sufficient reasons exist to modify the NRC’s 

regulations. 
18 

 

Sally Shaw – PRM-51-11 – NRC-2006-0023 

 On December 14, 2007 (72 FR 71083), the NRC published a denial of a petition 

for rulemaking submitted by Sally Shaw. The petitioner requested that NRC prepare a 

rulemaking to reconcile NUREG-1437, “Generic Environmental Impact Statement for 

License Renewal of Nuclear Plants” (May 1996)(GEIS), for nuclear power plant 

operating license renewal applications with the National Academy of Sciences’ (NAS), 

“Health Risks From Exposure to Low Levels of Ionizing Radiation: Biological Effects of 

Ionizing Radiation (BEIR) VII, Phase 2,” Seventh Ed., 2005 report. The Commission 

denied this petition because the specific issues contained in the petition are already 

adequately addressed in the NRC's radiation protection regulations and standards. The 

commission has concluded that nuclear plants that are in compliance with NRC radiation 

protection regulations and standards remain protective of public health and safety and 

the environment. The radiological health and environmental impacts contained in the 

GEIS, which are based on regulatory compliance, remain valid. 

Lincoln County, Nevada – PRM-2-13 – NRC-2007-0010 

 On December 28, 2007 (72 FR 73676), the NRC published a denial of a petition 

for rulemaking submitted by Lincoln County, Nevada. The petitioner requested that NRC 

amend its regulations to allow units of local government to be represented in the NRC 

proceeding concerning the Department of Energy’s proposed repository for high-level 

radioactive waste at Yucca Mountain, Nevada, by any duly authorized individual, 

including a non-attorney consultant. The Commission denied this petition because the 

NRC’s regulations allow the petitioner the representation it seeks. 

George Barnet – PRM-20-27 – NRC-2008-0028 

 On January 17, 2008 (73 FR 3221), the NRC published a denial of a petition for 

rulemaking submitted by George Barnet. The petitioner requested that NRC amend its 

regulations that govern standards for protection against radiation to broaden the scope 

of the requirements pertaining to approval of proposed disposal methods to include 

recovery of material for recycling. The Commission denied this petition because the 

issues raised by the petitioner fall within the scope of the rationale for a Commission 

decision to not conduct rulemaking in the area of setting radiological criteria for 

controlling the disposition of solid materials. The rationale for the Commission decision 

was that the current NRC approach for disposition of solid materials is fully protective of 

public health and safety, and that NRC is currently faced with several high priority and 

complex tasks. 
19 

State of Nevada – PRM-51-9 – NRC-2005-0023

 On January 31, 2008 (73 FR 5762), the NRC published a denial of a petition for 

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

its regulation setting criteria for adoption of an environmental impact statement prepared 

by the Secretary of the Department of Energy in proceedings for issuance of a 

construction authorization and materials license with respect to a geologic repository. 

The petitioner asserted that the regulation must be “corrected” because it is at odds with 

a recent court of appeals decision. Further, the petitioner asserted that certain litigation 

procedures that would be used in the proceedings to consider the adoption question 

violate the National Environmental Policy Act of 1969, as amended (NEPA). The 

Commission denied this petition because the court found no reason for NRC to correct 

its adoption criteria and because the petition does not demonstrate that NRC’s litigation 

procedures violate NEPA. 

New England Coalition on Nuclear Pollution – PRM-51-1 – NRC-2008-0172

 On March 20, 2008 (73 FR 14946), the NRC published a denial of a petition for 

rulemaking submitted by the New England Coalition on Nuclear Pollution. The petitioner 

requested that the NRC revise the value for radon-222 in Table S-3, “Table of Uranium 

Fuel Cycle Environmental Data,” of 10 CFR Part 51, because it did not disclose the longterm and long-range health effects of radon gas released from uranium mill tailings piles. 

Originally, there were six issues raised in this petition. Issues one through six were 

addressed previously by the Commission. The Commission denied this remaining issue 

from the petition because the NRC has made a generic determination that the 

radiological impacts of the uranium fuel cycle, including those from radon-222 emissions, 

on individuals off-site will remain at or below the Commission’s regulatory limits and as 

such, are of small significance. 

Peter G. Crane – PRM-35-18 – NRC-2005-0020 

On May 21, 2008 (73 FR 29445), the NRC published a denial of a petition for 

rulemaking submitted by Peter G. Crane. The petitioner requested that the NRC amend 

the regulations that govern medical use of byproduct material concerning release of 

individuals who have been treated with radiopharmaceuticals. The petitioner requested 

that the patient release rule be partially revoked insofar as it allows patients to be 

released from radioactive isolation with more than the equivalent of 30 millicuries of 

radioactive iodine I-131 in their bodies. The Commission denied the petition because 

the issues raised in the petition do not justify a rule change. The NRC believes that the 

current NRC regulations provide adequate protection to family members and other 

members of the public. 

James Salsman – PRM-20-26 – NRC-2005-0017 

On July 25, 2008 (73 FR 43381), the NRC published a denial of a petition for 

rulemaking submitted by James Salsman. The petitioner requested that the NRC 

amend the regulations to modify exposure and environmental limits for heavy metal 

radionuclides, in particular uranium. The Commission denied the petition because 

current NRC regulations provide adequate protection of public health and safety. The 

petitioner did not present sufficient peer-reviewed data, pertinent to the types and levels 

of exposures associated with the concentration values used in NRC’s regulations, to 

provide sufficient reason for NRC to initiate a revision of its regulations. 
20 

 

Eric Epstein – PRM-54-5 – NRC-2007-0021 

On July 31, 2008 (73 FR 44671), the NRC published a denial of a petition for 

rulemaking submitted by Eric Epstein. The petitioner requested that the NRC conduct a 

comprehensive review of U.S. nuclear power plant licensees’ emergency planning 

during the license renewal proceedings. The Commission denied this petition because 

the petition presents issues that the Commission carefully considered when it first 

adopted the license renewal rule and denied petitions for rulemaking submitted by 

Andrew J. Spano, County Executive, Westchester County, New York (PRM-54-2), and 

Mayor Joseph Scarpelli of Brick Township, New Jersey (PRM-54-3). The Commission’s 

position is that the NRC’s emergency planning system is part of a comprehensive 

regulatory process that is intended to provide continuing assurance that emergency 

planning for every nuclear plant is adequate. Thus, the Commission has already 

extensively considered and addressed the types of issues raised in the petition. Also, 

the petition fails to present any significant new information or arguments that would 

warrant the requested amendment.

The Attorney General of Commonwealth of Massachusetts – PRM-51-10 – 

NRC-2006-0022; The Attorney General of California – PRM-51-12 – NRC-2007-0019 

On August 8, 2008 (73 FR 46204), the NRC published a denial of two petitions 

for rulemaking submitted by the Attorney General of Commonwealth of Massachusetts 

and the Attorney General of California. These petitions presented nearly identical issues 

and requests for rulemaking concerning the environmental impacts of the high-density 

storage of spent nuclear fuel in large water pools, known as spent fuel pools (SFPs). 

The petitioners asserted that new and significant information shows that the NRC 

incorrectly characterized the environmental impacts of high-density spent fuel storage as 

“insignificant” in its National Environmental Policy Act (NEPA) generic environmental 

impact statement for the renewal of nuclear power plant licenses. Specifically, the 

petitioners asserted that spent fuel stored in high-density SFPs is more vulnerable to a 

zirconium fire than the NRC concluded in its NEPA analysis. A supplement to PRM-51-

12 was published on November 14, 2007 (72 FR 64003). The petitioner provided 

clarification to the original petition for rulemaking. The NRC has determined that the 

studies upon which the petitioners rely do not constitute new and significant information. 

The NRC has further determined that its findings related to the storage of spent nuclear 

fuel in pools, as presented in NUREG-1437 and in Table B-1, of Appendix B to Subpart 

A of 10 CFR Part 51, remain valid. Thus, the NRC has met and continues to meet its 

obligations under NEPA. 
21 

David Lochbaum on Behalf of the Project on Government Oversight and the Union 

of Concerned Scientists – PRM-50-83 – NRC-2007-0012 

 On September 23, 2008 (73 FR 54744), the NRC published a denial of a petition 

for rulemaking submitted by David Lochbaum. The petitioner requested that the NRC 

amend its regulations governing domestic licensing of production and utilization facilities 

to require periodic demonstrations by applicable local, State, and Federal entities to 

ensure that nuclear power plants can be adequately protected against radiological 

sabotage by adversaries with capabilities that exceed those posed by the design basis 

threat (DBT). The Commission denied this petition because the NRC has determined 

that that there is reasonable assurance that adequate protective measures can and will 

be taken in the event of a radiological emergency, whether or not the event is the result 

of sabotage. In addition, the petitioner has misinterpreted Appendix E to 10 CFR Part 

50. The petitioner’s reliance on Appendix E to 10 CFR Part 50 to support the request 

that the NRC require local, State, and Federal governments to participate in 

demonstrations of their capability to respond to beyond-DBT events is misplaced 

because the NRC cannot compel local, State, or Federal entities to take part in biennial 

emergency exercises if those entities do not choose to participate in emergency 

planning activities.
22 

 

Petitions Withdrawn 

North Carolina Utilities Commission Public Staff – PRM-50-57 – NRC-2008-0113

 On February 11, 2008 (73 FR 7690), the NRC published a document withdrawing 

a petition submitted by the North Carolina Utilities Commission Public Staff. The 

petitioner requested that the Commission amend its regulations to substantially reduce 

or eliminate insurance requirements for nuclear power reactors when all the nuclear 

reactors on a reactor station site have been shut down or are awaiting decommission, 

and all nuclear fuel has been removed from the reactor site. On October 29, 2007, the 

petitioner submitted an e-mail to the NRC requesting that his petition be withdrawn.