[December 9, 2002 (Volume 67, Number 236)]
[Unified Agenda]
From the Federal Register Online via GPO Access [frwais.access.gpo.gov]

[Page 75631-75644]
 
Nuclear Regulatory Commission


[[Page 75631]]

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Part LXI









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Semiannual Regulatory Agenda

[[Page 75632]]

NUCLEAR REGULATORY COMMISSION (NRC)

_______________________________________________________________________

NUCLEAR REGULATORY COMMISSION

10 CFR Ch. I

Unified Agenda of Federal Regulatory and Deregulatory Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Semiannual regulatory agenda.

_______________________________________________________________________

SUMMARY: The Nuclear Regulatory Commission (NRC) is publishing its 
semiannual regulatory agenda in accordance with Public Law 96-354, 
``The Regulatory Flexibility Act,'' and Executive Order 12866, 
``Regulatory Planning and Review.'' The agenda is a compilation of all 
rules on which the NRC has recently completed action or has proposed or 
is considering action. This issuance updates any action occurring on 
rules since publication of the last semiannual agenda on May 13, 2002 
(67 FR 34212).

ADDRESSES: Comments on any rule in the agenda may be sent to the 
Secretary of the Commission, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001, Attention: Rulemakings and Adjudications 
Staff. Comments may also be hand delivered to the One White Flint North 
Building, 11555 Rockville Pike, Rockville, Maryland, between 7:30 a.m. 
and 4:15 p.m., Federal workdays. Comments received on rules for which 
the comment period has closed will be considered if it is practical to 
do so, but assurance of consideration cannot be given except as to 
comments received on or before the closure dates specified in the 
agenda.

    The agenda and any comments received on any rule listed in the 
agenda are available for public inspection and copying for a fee at 
the Nuclear Regulatory Commission's Public Document Room, One White 
Flint North, 11555 Rockville Pike, Room O-1F21, Rockville, 
Maryland.

FOR FURTHER INFORMATION CONTACT: For further information concerning NRC 
rulemaking procedures or the status of any rule listed in this agenda, 
contact Michael T. Lesar, Chief, Rules and Directives Branch, Division 
of Administrative Services, Office of Administration, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone 301-415-
7163 (e-mail: mtl@nrc.gov). Persons outside the Washington, DC, 
metropolitan area may call, toll-free: 1-800-368-5642. For further 
information on the substantive content of any rule listed in the 
agenda, contact the individual listed under the heading ``Agency 
Contact'' for that rule.

SUPPLEMENTARY INFORMATION: The information contained in this semiannual 
publication is updated to reflect any action that has occurred on rules 
since publication of the last NRC semiannual agenda on May 13, 2002 (67 
FR 34212). Within each group, the rules are ordered according to the 
Regulation Identifier Number (RIN).

    The information in this agenda has been updated through 
September 13, 2002. The date for the next scheduled action under 
the heading ``Timetable'' is the date the rule is scheduled to be 
published in the Federal Register. The date is considered tentative 
and is not binding on the Commission or its staff. The agenda is 
intended to provide the public early notice and opportunity to 
participate in the NRC rulemaking process. However, the NRC may 
consider or act on any rulemaking even though it is not included in 
the agenda.

    The NRC agenda lists all open rulemaking actions. Five rules 
affect small entities, one of which may potentially have a 
``significant economic impact on a substantial number of small 
entities'' as defined in the Regulatory Flexibility Act.

    Dated at Rockville, Maryland, this 13th day of September 2002.

For the Nuclear Regulatory Commission.

 Michael T. Lesar,

Chief, Rules and Directives Branch,
Division of Administrative Services
Office of Administration.

                               Nuclear Regulatory Commission--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4239        Fitness for Duty Programs...........................................................     3150-AF12
4240        Lessons Learned From Design Certification...........................................     3150-AG24
4241        Performance-Based, Risk-Informed Fire Protection....................................     3150-AG48
4242        Transfers of Certain Source Materials by Specific Licensees.........................     3150-AG64
4243        Financial Assurance Amendments for Materials Licenses...............................     3150-AG85
4244        Event Notification Requirements.....................................................     3150-AG90
4245        Nuclear Power Plant Worker Fatigue..................................................     3150-AG99
4246        Changes to Emergency Action Plan -- Appendix E......................................     3150-AH00
----------------------------------------------------------------------------------------------------------------


                                 Nuclear Regulatory Commission--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4247        Decommissioning Trust Provisions....................................................     3150-AG52
4248        Releasing Part of a Power Reactor Site or Facility for Unrestricted Use.............     3150-AG56
4249        Nondiscrimination on the Basis of Race, Color, National Origin; Basis of Handicap;       3150-AG65
            Basis of Age in Programs or Activities Receiving Federal Financial Assistance.......
4250        Material Control and Accounting.....................................................     3150-AG69
4251        Compatibility With IAEA Transportation Safety Standards.............................     3150-AG71

[[Page 75633]]


4252        List of Approved Spent Fuel Storage Casks: Standardized Advanced NUHOMS-24PT1            3150-AG74
            Addition............................................................................
4253        Financial Information Requirements for Applications To Renew or Extend the Term of       3150-AG84
            an Operating License for a Power Reactor............................................
4254        Incorporation by Reference of ASME BPV and OM Code Cases............................     3150-AG86
4255        Geological and Seismological Characteristics of Spent Fuel Storage Systems..........     3150-AG93
4256        NRC Public Document Room Address Change and Corrections to Information Collection        3150-AH01
            Provisions..........................................................................
----------------------------------------------------------------------------------------------------------------


                                Nuclear Regulatory Commission--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4257        Update Fuel Performance Considerations and Other Fuel Cycle Issues..................     3150-AA31
4258        Availability of Official Records....................................................     3150-AC07
4259        Disposal by Release Into Sanitary Sewerage..........................................     3150-AE90
4260        Advance Notification to Native American Tribes of Transportation of Certain Types of     3150-AG41
            Nuclear Waste.......................................................................
4261        Risk-Informing Special Treatment Requirements.......................................     3150-AG42
4262        Integrated Rulemaking for Decommissioning Nuclear Power Reactors....................     3150-AG47
4263        Changes to Adjudicatory Process.....................................................     3150-AG49
4264        Reevaluation of Power Reactor Physical Protection Regulations and Position on a          3150-AG63
            Definition of Radiological Sabotage.................................................
4265        Standards for Combustible Gas Control System in Light-Water-Cooled Power Reactors...     3150-AG76
4266        Notification Requirement............................................................     3150-AG81
4267        Entombment Options for Power Reactors...............................................     3150-AG89
4268        Modifications to Pressure-Temperature Limits........................................     3150-AG98
4269        Federal Advisory Committee Act Regulations..........................................     3150-AH02
----------------------------------------------------------------------------------------------------------------


                                Nuclear Regulatory Commission--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                    Regulation
 Sequence                                          Title                                          Identification
  Number                                                                                              Number
----------------------------------------------------------------------------------------------------------------
4270        Electronic Maintenance and Submission of Information................................     3150-AF61
4271        Industry Codes and Standards........................................................     3150-AG61
4272        Debt Collection Procedures..........................................................     3150-AG80
4273        Specification of a Probability for Unlikely Features, Events and Processes..........     3150-AG91
4274        Revision of Fee Schedules; Fee Recovery, FY 2002....................................     3150-AG95
4275        Revision to Salary Offset Procedures................................................     3150-AG96
4276        Cost Recovery for Contested Hearing Involving U.S. National Security Initiatives....     3150-AH03
4277        List of Approved Spent Fuel Storage Casks: HI-STORM 100 Revision....................     3150-AH04
----------------------------------------------------------------------------------------------------------------

_______________________________________________________________________
Nuclear Regulatory Commission (NRC)                 Proposed Rule Stage

_______________________________________________________________________

4239. FITNESS FOR DUTY PROGRAMS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 26

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
ensure compatibility with the Department of Health and Human Services 
guidelines, reduce unnecessary regulatory burden in some areas, clarify 
the Commission's original intent of the rule, and improve overall 
program effectiveness and efficiency. These revised requirements would 
reduce the industrywide annual cost for all licensees to comply with 
part 26 by approximately $15 million. The rulemaking will address the 
Regulatory Review Group items on audit frequency and annual submittal 
of data. This rulemaking would also address the petition for rulemaking 
submitted by the Virginia Electric and Power Company (VEPCO) (PRM-26-
1). In

[[Page 75634]]

addition, this rulemaking subsumes a previously separate rulemaking, 
Reduction in the Scope of Random Fitness-For-Duty Testing Requirements 
for Nuclear Power Reactor Licensees (part 26)(RIN 3150-AG62). Because 
of the subsumption of this rulemaking and other issues raised in 
response to the earlier proposed rule, a new proposed rule will be 
published.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/09/96                    61 FR 21105
NPRM Comment Period End         08/07/96
Second NPRM                     11/00/02
Final Rule                      11/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Garmon West Jr., Nuclear Regulatory Commission, Office 
of Security and Incident Response, Washington, DC 20555-0001
Phone: 301 415-1044
Email: fitnessforduty@nrc.gov

Vonna L. Ordaz, Nuclear Regulatory Commission, Office of Security and 
Incident Response, Washington, DC 20555-0001
Phone: 301 415-2147
Email: vld@nrc.gov

Related RIN: Merged With 3150-AG62
RIN: 3150-AF12
_______________________________________________________________________

4240. LESSONS LEARNED FROM DESIGN CERTIFICATION

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 52

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's requirements 
for early site permits, standard design certifications, combined 
licensees for nuclear power plants, and for other licensing processes. 
The amendments are based on the NRC staff's experience with the 
previous design certification reviews and on discussions with 
stakeholders about the early site permit (ESP), design certification, 
and combined license (COL) processes. This action is expected to 
improve the effectiveness of the licensing processes for future 
applicants. The rulemaking also would make conforming clarifications 
and corrections to the NRC's regulations.
The NRC is proposing to reorganize 10 CFR part 52 to establish a 
separate section for each of the seven licensing processes currently 
described in 10 CFR part 52 (early site permits, early site reviews, 
standard design certification, standard design approvals, combined 
licenses, manufacturing licenses, and duplicate design licenses). The 
purpose of this reorganization is to clarify that each licensing 
process has equal standing. In addition, several subparts would be 
reserved for future licensing processes. No substantive changes are 
intended by the incorporation of current appendices M, N, O, and Q into 
the new subparts in 10 CFR part 52.
The NRC is also proposing to retitle 10 CFR part 52 as Additional 
Licensing Processes for Nuclear Power Plants to clarify that the 
licensing processes in 10 CFR part 52 are in addition to and supplement 
the two-step licensing process in 10 CFR part 50 and the license 
renewal process in 10 CFR part 54, and are not limited to the early 
site permit, standard design certification, and combined license 
processes as the current title implies.
The proposed rule would amend section 52.1 to clarify that all seven 
licensing processes are within the scope of 10 CFR part 52. Sections 
within current appendices M, N, O, and Q would also become new sections 
of the revised part. In addition, the proposed rule would reserve 
sections for future licensing processes. In doing so, the NRC hopes to 
convey that 10 CFR part 52 is the preferred location in 10 CFR for 
nuclear power plant licensing processes. The proposed rule subsumed the 
rulemaking, Standardized Plant Designs, Early Review of Sites 
Suitability Issues; Clarifying Amendments (RIN 3150-AE25), that would 
remove redundant appendices M, N, O, and Q from part 50. The part 52 
rulemaking plan (SECY-98-282) was approved by the Commission on January 
14, 1999.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/02
Final Action                    05/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jerry N. Wilson, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3145
Email: jnw@nrc.gov

Nanette Giles, Nuclear Regulatory Commission, Office of Nuclear Reactor 
Regulation, Washington,, DC 20555-0001
Phone: 301 415-1180
Email: nvg@nrc.gov

Related RIN: Merged With 3150-AE25
RIN: 3150-AG24
_______________________________________________________________________

4241. PERFORMANCE-BASED, RISK-INFORMED FIRE PROTECTION

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would address the Commission's direction 
provided in the staff requirements memorandum dated April 1, 1999, to 
establish a performance-based, risk-informed alternative to the NRC's 
existing reactor fire protection requirements through the adoption of 
an industry consensus standard: NFPA 805, Performance-Based Standard 
for Fire Protection for Light Water Reactor Electric Generating Plants. 
The rulemaking plan had been on hold until fall 2001, at which time the 
Nuclear Energy Institute endorsed the rulemaking effort. The schedule 
was reinitiated through an EDO memorandum to the Commission dated 
October 9, 2001. Draft rule language was posted for public comment on 
the NRC Rulemaking Forum Web site on December 20, 2001. Draft proposed 
rule language was posted on the NRC Rulemaking Forum Web site on April 
2, 2002, and again on May 30, 2002, for public information. The 
proposed rule package was provided provided to the Commission on July 
15, 2002 (SECY-02-132).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/02

Regulatory Flexibility Analysis Required: No

[[Page 75635]]

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Leon E. Whitney, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3081
Email: lew1@nrc.gov

RIN: 3150-AG48
_______________________________________________________________________

4242. TRANSFERS OF CERTAIN SOURCE MATERIALS BY SPECIFIC LICENSEES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 40

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
require NRC approval for transfers from licensees 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 concentrations of source material are 
adequate to protect public health and safety.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/28/02                    67 FR 55175
NPRM Comment Period End         11/12/02
Final Action                    03/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Gary Comfort, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-8106
Email: gcc1@nrc.gov

RIN: 3150-AG64
_______________________________________________________________________

4243. FINANCIAL ASSURANCE AMENDMENTS FOR MATERIALS LICENSES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 30; 10 CFR 40; 10 CFR 70

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's financial 
assurance regulations for materials licenses. The amendment would 
maintain adequate assurance of decommissioning funding.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/07/02                    67 FR 62403
NPRM Comment Period End         12/23/02
Final Rule                      08/00/03

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Organizations

Government Levels Affected: None

Agency Contact: Clark Prichard, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6203
Email: cwp@nrc.gov

RIN: 3150-AG85
_______________________________________________________________________

4244. EVENT NOTIFICATION REQUIREMENTS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 72; 10 CFR 73

Legal Deadline: None

Abstract: The proposed rule would revise the Commission's notification 
and reporting requirement for security and other events involving 
licensed nuclear facilities and the transportation of certain types of 
nuclear material. The proposed revisions would change several event 
notification and security reporting requirements to conform, where 
appropriate, to the event reporting requirements in part 50 for 
independent spent fuel storage installation (ISFSI) and monitored 
retrievable storage (MRS) facility licenses to more closely align them 
with those of nuclear reactor facilities. In addition, the proposed 
revisions would change the requirements for when written follow-up 
reports on safeguards events must be submitted. This change would 
affect power reactors, ISFSI's and several other categories of 
facilities that produce, possess, or transport spent fuel or special 
nuclear material. The changes would reduce, consolidate, and remove 
some licensee reporting notifications and lengthen the reporting period 
for other notifications. Some new requirements would also be added to 
permit NRC to effectively carry out its regulatory responsibilities and 
respond to public and media inquiries during emergencies. Overall, the 
proposed changes would help the NRC and its licensees to better focus 
their efforts on the most safety-significant issues and to communicate 
timely information on recent and ongoing events.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/22/02                    67 FR 54360
NPRM Comment Period End         11/05/02
Final Action                    06/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Anthony J. DiPalo, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001
Phone: 301 415-6191
Email: ajd@nrc.gov

RIN: 3150-AG90
_______________________________________________________________________

4245. NUCLEAR POWER PLANT WORKER FATIGUE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 26

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
establish thresholds for the control of working hours to ensure that 
working hours in excess of the thresholds are controlled through a 
risk-informed deviation process. This rule would provide significantly 
greater assurance that worker fatigue does not adversely affect the 
operational safety of nuclear power plants. This rulemaking would also 
address a petition for rulemaking submitted by Barry Quigley (PRM-26-
02).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/02

[[Page 75636]]

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: David Desaulniers, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1043
Email: drd@nrc.gov

RIN: 3150-AG99
_______________________________________________________________________

4246. CHANGES TO EMERGENCY ACTION PLAN -- APPENDIX E

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would resolve an ambiguity in the 
Commission's regulations regarding NRC approval of nuclear power plant 
licensee-initiated changes to emergency action levels (EALs). The 
proposed rule would allow licensees to make minor changes in EALs 
without prior NRC approval.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/00/02
Final Rule                      07/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Lawrence K. Cohen, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-2923
Email: lkc@nrc.gov

RIN: 3150-AH00
_______________________________________________________________________
Nuclear Regulatory Commission (NRC)                    Final Rule Stage

_______________________________________________________________________

4247. DECOMMISSIONING TRUST PROVISIONS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50; 10 CFR 72

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
ensure that decommissioning trust agreements are in a form acceptable 
to the NRC to increase assurance that decommissioning funds will be 
available for their intended purpose, especially in light of economic 
deregulation and restructuring of the electric utility industry. Based 
on past experience with the NRC approval of the transfer of the 
operating licenses of the Three Mile Island Unit 1 and Pilgrim Nuclear 
Power Stations, the staff believes that this rulemaking would expedite 
similar transfers in the future. The staff also intends to develop 
guidance by revising Regulatory Guide 1.159, Assuring the Availability 
of Funds for Decommissioning Nuclear Reactors, that will specify more 
fully the provisions of the decommissioning trust agreements. The final 
rule was submitted to the Commission on May 5, 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/30/01                    66 FR 29244
NPRM Comment Period End         08/13/01
Final Rule                      11/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Brian J. Richter, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1978
Email: bjr@nrc.gov

RIN: 3150-AG52
_______________________________________________________________________

4248. RELEASING PART OF A POWER REACTOR SITE OR FACILITY FOR 
UNRESTRICTED USE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 2; 10 CFR 20; 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations by 
adding a new section that would identify the criteria and regulatory 
framework that a licensee would use to request NRC approval for a 
partial site release. The rulemaking would provide additional assurance 
that residual radioactivity would meet the radiological criteria for 
license termination, even if parts of the site were released before a 
licensee submits its license termination plans. The rulemaking would 
clarify that the radiological criteria for unrestricted use apply to a 
partial site release. The rulemaking would not provide for a partial 
site release under restricted conditions. Also, the rulemaking would 
provide for a Subpart 2 hearing if a license amendment involving a 
partial site release is challenged.
The rulemaking would fill a gap identified during the NRC's 
consideration of a technical specification amendment request for the 
Oyster Creek Nuclear Generating Station to remove a restriction on the 
sale or lease of property within the exclusion area. During the Oyster 
Creek review, the NRC staff concluded that it is possible for a reactor 
licensee to sell land that would reduce the size of its site before the 
license termination criteria would specifically apply to the release of 
the property. If the sale does not involve the transfer of licensed 
material, it would not require NRC approval under current regulations. 
Currently, the NRC must consider changes to the site boundary of a 
reactor site on a case-by-case basis to ensure adequate protection of 
the public and the environment. Because several reactor licensees have 
expressed interest in selling parts of the sites before they receive 
approval of their license termination plans, the NRC staff believes the 
issues should be resolved generically by rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/04/01                    66 FR 46230

[[Page 75637]]

NPRM Comment Period End         11/19/01
Final Rule                      11/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: W. Mike Ripley, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1112
Email: wmr@nrc.gov

RIN: 3150-AG56
_______________________________________________________________________

4249. NONDISCRIMINATION ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN; 
BASIS OF HANDICAP; BASIS OF AGE IN PROGRAMS OR ACTIVITIES RECEIVING 
FEDERAL FINANCIAL ASSISTANCE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 4

Legal Deadline: None

Abstract: The rule would incorporate the Civil Rights Restoration Act's 
definitions of ``program or activity'' and ``program'' into Title VI of 
the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 
1972, and the Age Discrimination Act of 1975, and would promote 
consistent and adequate enforcement of these statutes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/06/00                    65 FR 76460
NPRM Comment Period End         01/05/01
Final Action                    12/00/02
Final Action Effective          01/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Marva C. Gary, Nuclear Regulatory Commission, Office of 
Small Business and Civil Rights, Washington, DC 20555-0001
Phone: 301 415-7382
Email: mcg@nrc.gov

RIN: 3150-AG65
_______________________________________________________________________

4250. MATERIAL CONTROL AND ACCOUNTING

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 51; 10 CFR 61; 10 CFR 70; 10 CFR 72; 10 CFR 73; 10 
CFR 74; 10 CFR 75; 10 CFR 76; 10 CFR 150

Legal Deadline: None

Abstract: The proposed rule would amend the reporting requirements for 
submitting Material Balance Reports and Inventory Composition Reports 
to provide more flexibility and to reduce the reporting frequency for 
most licensees. The proposed amendments would also revise the 
categorical exclusion for approving safeguards plans, relocate the 
remaining material control and accounting requirements in parts 70 
through 74, make the material control and accounting requirements for 
Category II facilities more risk informed, and make other miscellaneous 
changes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            05/30/01                    66 FR 29251
NPRM Comment Period End         08/13/01
Final Rule                      12/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Merri Horn, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-8126
Email: mlh1@nrc.gov

RIN: 3150-AG69
_______________________________________________________________________

4251. COMPATIBILITY WITH IAEA TRANSPORTATION SAFETY STANDARDS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 71

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations on 
packaging and transporting radioactive material to make them compatible 
with the International Atomic Energy Agency (IAEA) standards and to 
codify other applicable requirements. These changes would be compatible 
with TS-R-1, the latest revision of the IAEA transportation standards. 
This rulemaking would also address the unintended economic impact of 
NRC's emergency final rule entitled Fissile Material Shipments and 
Exemptions (February 10, 1997; 62 FR 5907) and a petition for 
rulemaking submitted by International Energy Consultants, Inc. (PRM-71-
12)(February 19, 1998; 63 FR 8362). This proposed rule is closely 
related to a corresponding Department of Transportation proposed rule 
to amend transportation regulations (April 30, 2002; 67 FR 21328).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/30/02                    67 FR 21390
NPRM Comment Period End         07/29/02
Final Action                    07/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Naiem S. Tanious, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6103
Email: nst@nrc.gov

RIN: 3150-AG71
_______________________________________________________________________

4252. LIST OF APPROVED SPENT FUEL STORAGE CASKS: STANDARDIZED ADVANCED 
NUHOMS-24PT1 ADDITION

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 72

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations by 
adding the Standardized Advanced NUHOMS Storage System cask design to 
the list of approved spent fuel storage casks. The proposed rule would 
add a cask system that has improved shielding and the ability to 
withstand higher seismic response spectra than the Standardized NUHOMS 
Storage System which is already on the list of approved casks.

[[Page 75638]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            02/11/02                     67 FR 6203
NPRM Comment Period End         04/29/02
Final Rule                      11/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jayne M. McCausland, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001
Phone: 301 415-6219
Email: jmm2@nrc.gov

RIN: 3150-AG74
_______________________________________________________________________

4253. FINANCIAL INFORMATION REQUIREMENTS FOR APPLICATIONS TO RENEW OR 
EXTEND THE TERM OF AN OPERATING LICENSE FOR A POWER REACTOR

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
remove the requirement that non-electric utility power reactor 
licensees submit financial qualifications information as part of the 
license renewal process. The proposed rule would recognize the need for 
a reduced level of regulatory burden for licensees falling in this 
category because the NRC has alternative means to ensure that these 
licensees are financially viable to operate their facilities and 
maintain public health and safety. Non-power reactor licensees would 
continue to submit the financial qualifications information as part of 
the license renewal process and are not affected by this proposed rule 
change.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            06/04/02                    67 FR 38427
NPRM Comment Period End         08/19/02
Final Action                    06/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: George J. Mencinsky, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3093
Email: gjm@nrc.gov

RIN: 3150-AG84
_______________________________________________________________________

4254. INCORPORATION BY REFERENCE OF ASME BPV AND OM CODE CASES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: New editions of the ASME BPV and OM Codes are issued every 
three years and addenda to the editions are issued annually. It has 
been the Commission's policy to update 10 CFR 50.55a to incorporate by 
reference the ASME Code editions and addenda. The ASME publishes code 
cases for Section III and Section XI quarterly, and code cases for the 
OM Code annually. Code cases are generally alternatives to the 
requirements of the ASME BPV Code and the OM Code. It has been the NRC 
staff's practice to review these code cases and find them either 
acceptable, conditionally acceptable, or unacceptable for use by NRC 
licensees. These code cases are then listed in periodically revised 
regulatory guides (RGs), together with information on their 
acceptability. Footnote 6 to 10 CFR 50.55a refers to the RGs listing 
code cases determined by the NRC staff to be ``suitable for use.'' No 
specific data or revision of the RGs is indicated in footnote 6 to 10 
CFR 50.55a. In the past, these RGs have not been approved by the Office 
of the Federal Register for incorporation by reference in the Code of 
Federal Regulations. To address this matter, the staff is proposing 
that the use of ASME Code Cases be approved through a rulemaking 
incorporating by reference the applicable RGs. Thus, NRC-approved code 
cases would be accorded the same legal status as the corresponding 
requirements in the ASME BPV Code and OM Code which are already 
incorporated by reference in the NRC's regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/19/02                    67 FR 12488
NPRM Comment Period End         06/03/02
Final Action                    05/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Harry S. Tovmassian, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3092
Email: hst@nrc.gov

RIN: 3150-AG86
_______________________________________________________________________

4255. GEOLOGICAL AND SEISMOLOGICAL CHARACTERISTICS OF SPENT FUEL STORAGE 
SYSTEMS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 72

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations 
concerning geological and seismological criteria to require the use of 
a risk-informed, performance-based regulatory approach. This revision 
would use a methodology that is consistent with the approach taken in 
10 CFR part 50 and the recent revision to part 100. The proposed rule 
would also clarify the need for a general licensee to design cask 
storage pads and areas to adequately support both static and dynamic 
loads of the stored casks.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/22/02                    67 FR 47745
NPRM Comment Period End         10/22/02                    67 FR 56876
Final Action                    04/00/03

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Keith McDaniel, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-5252

[[Page 75639]]

Email: kkm@nrc.gov

Related RIN: Duplicate of 3150-AG16
RIN: 3150-AG93
_______________________________________________________________________

4256. [bull] NRC PUBLIC DOCUMENT ROOM ADDRESS CHANGE AND CORRECTIONS TO 
INFORMATION COLLECTION PROVISIONS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 1; 10 CFR 2; 10 CFR 7; 10 CFR 9;; 10 CFR 19; 10 
CFR 20; 10 CFR 26; 10 CFR 30;; 10 CFR 31; 10 CFR 33; 10 CFR 39; 10 CFR 
50;; 10 CFR 51; 10 CFR 52; 10 CFR 54; 10 CFR 55;; 10 CFR 71; 10 CFR 75; 
10 CFR 100; 10 CFR 110

Legal Deadline: None

Abstract: The final rule amends the Commission's regulations to reflect 
the new address for the NRC's Public Document Room and to correct 
information collection sections in the Code of Federal Regulations. 
These amendments are necessary to inform the public of these 
administrative changes to the NRC regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Action                    11/00/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Alzonia W. Shepard, Nuclear Regulatory Commission, 
Office of Administration, Washington, DC 20055-0001
Phone: 301 415-6864
Email: aws1@nrc.gov

RIN: 3150-AH01
_______________________________________________________________________
Nuclear Regulatory Commission (NRC)                   Long-Term Actions

_______________________________________________________________________

4257. UPDATE FUEL PERFORMANCE CONSIDERATIONS AND OTHER FUEL CYCLE ISSUES

Priority: Substantive, Nonsignificant

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

CFR Citation: 10 CFR 51

Legal Deadline: None

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 section 51.51, the environmental data would be reestimated 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 petitioner's 
request, the Commission published a final rule on March 14, 1997 (42 FR 
13803), that removed the original value for Radon-222 from Table S-3 so 
that it then became subject to case-specific litigation. It was 
anticipated that the Commission would add a specific value for Radon-
222, but the Commission deferred action until a general updating of 
Table S-3 is undertaken. For section 51.52, the environmental impact 
estimates would be reestimated to reflect the use of more highly 
enriched fuel and discharge of more highly irradiated fuel from a 
reactor; longer onsite storage; and changes in transportation modes, 
transport to retrievable storage sites and a permanent repository 
rather than reprocessing facilities, packaging technology, and 
regulatory standards. The reestimates would incorporate current 
research information and computer codes.
This rulemaking would result in current and more accurate estimates of 
the environmental impact of licensing a new plant, and would eliminate 
the requirement to review the contribution to environmental impacts 
from Radon-222 and Technetium-99 in individual plant reviews. This rule 
is being reissued as a proposed rule and would update the initial 
rulemaking effort to address newly emerging issues and research.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            03/04/81                    46 FR 15154
NPRM Comment Period End         05/04/81
Second NPRM                      To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Dennis P. Allison, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1178
Email: dpa@nrc.gov

RIN: 3150-AA31
_______________________________________________________________________

4258. AVAILABILITY OF OFFICIAL RECORDS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 2

Legal Deadline: None

Abstract: The proposed rule would conform the Commission's regulations 
pertaining to the availability of official records to existing case law 
and agency practice. The amendment would address the circumstances 
under which proprietary, personal privacy or other confidential 
information submitted to the NRC by applicants, licensees, or others 
may be returned upon request. The rule would reaffirm that 10 CFR 
2.790(c) provides submitters of information a qualified right to have 
their information returned upon request. This rule would inform the 
public of four additional circumstances where information would not be 
returned to the applicant, that is, (1) when submitted to an advisory 
committee governed by the Federal Advisory Committee Act; (2) when 
captured by a Freedom of Information Act request; (3) when publicly 
relied upon or revealed by the Commission in an open Commission meeting 
under the Government in the Sunshine Act; and (4) when obtained during 
the course of an investigation conducted by the NRC Office of 
Investigations. The

[[Page 75640]]

proposed rule would also clarify requirements on submittals to the NRC 
for identification of confidential information sought to be withheld 
from public disclosure. Further, the proposed amendment would address 
the NRC's procedures for handling copyrighted information, including 
reproduction and distribution according to normal agency practice.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/23/92                    57 FR 61013
NPRM Comment Period End         03/08/93
NPRM                            10/17/01                    66 FR 52721
NPRM Comment Period End         12/31/01
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Catherine M. Holzle, Nuclear Regulatory Commission, 
Office of the General Counsel, Washington, DC 20555-0001
Phone: 301 415-1560
Email: cmh@nrc.gov

RIN: 3150-AC07
_______________________________________________________________________

4259. DISPOSAL BY RELEASE INTO SANITARY SEWERAGE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 20

Legal Deadline: None

Abstract: The advance notice of proposed rulemaking (ANPRM) was 
published to request public comment, information, and recommendations 
on contemplated amendments to the Commission's regulations governing 
the release of radionuclides from licensed nuclear facilities into 
sanitary sewer systems. The Commission believes that by incorporating 
current sewer treatment technologies the contemplated rulemaking would 
improve the control of radioactive materials released to sanitary sewer 
systems by licensed nuclear facilities. The NRC and the Environmental 
Protection Agency are conducting a joint survey of sewage treatment 
plants to evaluate the extent of reconcentration due to release of 
radioactive material into sewage systems. The need for and the extent 
of a rulemaking will be evaluated pending the result of the survey and 
the associated dose assessment. This rulemaking would also address a 
petition for rulemaking submitted by the Northeast Ohio Sewer District 
(PRM-20-22).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           02/25/94                     59 FR 9146
ANPRM Comment Period End        05/26/94
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Lydia Chang, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-6319
Email: lwc1@nrc.gov

RIN: 3150-AE90
_______________________________________________________________________

4260. ADVANCE NOTIFICATION TO NATIVE AMERICAN TRIBES OF TRANSPORTATION 
OF CERTAIN TYPES OF NUCLEAR WASTE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 71; 10 CFR 73

Legal Deadline: None

Abstract: The NRC has issued an advance notice of proposed rulemaking 
(ANPRM) to invite early input from affected parties and the public on 
the issues associated with the advance notification of Indian tribes of 
spent fuel shipments. The Department of Energy (DOE) has indicated that 
it intends to comply with NRC's physical protection requirements for 
shipments under the Nuclear Waste Policy Act; however, its current 
practices conflict with NRC regulations. For example, DOE already has 
asked for and will continue to ask for exemptions from the shipment 
itinerary information requirements of foreign research reactor fuel. 
DOE, as a courtesy, provides Indian tribes with notification of spent 
fuel shipments. NRC's current regulations do not address notification 
of Indian tribes. Further, DOE has developed a satellite tracking 
system to monitor the status of spent fuel shipments at all times. 
Distribution of this status information to parties other than 
governors' designees is not compatible with NRC regulations. A 
rulemaking plan was approved by the Commission on February 2, 2001.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           12/21/99                    64 FR 71331
ANPRM Comment Period End        07/05/00                    65 FR 18010
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Roger W. Broseus, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-7608
Email: rwb@nrc.gov

RIN: 3150-AG41
_______________________________________________________________________

4261. RISK-INFORMING SPECIAL TREATMENT REQUIREMENTS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 21; 10 CFR 50; 10 CFR 54; 10 CFR 100

Legal Deadline: None

Abstract: The advance notice of proposed rulemaking (ANPRM) invited 
comments, advice, and recommendations from interested parties on the 
contemplated rulemaking that would provide an alternative, risk-
informed approach for special treatment requirements in the current 
regulations. Special treatment requirements are requirements imposed on 
structures, systems, and components (SSCs) that provide additional 
confidence that these SSCs are capable of meeting design basis 
functional requirements. The contemplated risk-informed approach would 
categorize SSCs and vary the associated regulatory treatment based on 
the SSC's safety significance. This action is a result of the 
Commission's continuing efforts to risk-inform its regulations. The 
staff plans to provide the Commission with a proposed rule package in 
September 2002.

[[Page 75641]]

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           03/03/00                    65 FR 11488
ANPRM Comment Period End        05/17/00
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Tim Reed, Nuclear Regulatory Commission, Office of 
Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1462
Email: tar@nrc.gov

RIN: 3150-AG42
_______________________________________________________________________

4262. INTEGRATED RULEMAKING FOR DECOMMISSIONING NUCLEAR POWER REACTORS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

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. SECY-99-168 dated 
June 30, 1999, recommended 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 
backfit into one integrated rulemaking effort. This rulemaking would 
apply to licensees who certified, pursuant to 10 CFR 50.82(a), that 
they have permanently ceased facility operation(s) and have permanently 
removed fuel from the reactor vessel. The Commission approved this 
approach in an SRM dated December 21, 1999. This rulemaking would also 
address a petition for rulemaking submitted by the North Carolina 
Public Utility Commission (PRM-50-57).
In SECY-00-145, 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 a 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, dated 
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-01-0101 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 facilities. The schedule for the 
integrated rulemaking cannot be determined at this time.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: William Huffman, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-1141
Email: wch@nrc.gov

RIN: 3150-AG47
_______________________________________________________________________

4263. CHANGES TO ADJUDICATORY PROCESS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 1; 10 CFR 2; 10 CFR 50; 10 CFR 51; 10 CFR 52; 10 
CFR 54; 10 CFR 60; 10 CFR 70; 10 CFR 73; 10 CFR 75; 10 CFR 76; 10 CFR 
110

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations 
concerning its rules of practice to make the NRC's hearing process more 
efficient and effective. The proposed amendments would fashion hearing 
procedures that are tailored to the different types of licensing and 
regulatory activities the NRC conducts and would better focus and use 
the limited resources available to involved parties. The final rule was 
submitted to the Commission on April 26, 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            04/16/01                    66 FR 19610
NPRM Comment Period End         09/14/01                    66 FR 27045
Final Rule                       To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Geary S. Mizuno, Nuclear Regulatory Commission, Office 
of the General Counsel, Washington, DC 20555-0001
Phone: 301 415-1639
Email: gsm@nrc.gov

RIN: 3150-AG49
_______________________________________________________________________

4264. REEVALUATION OF POWER REACTOR PHYSICAL PROTECTION REGULATIONS AND 
POSITION ON A DEFINITION OF RADIOLOGICAL SABOTAGE

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 73

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
require power reactor licensees to conduct drills and exercises to 
evaluate their protective strategy against a simulated design basis 
threat (DBT) of radiological sabotage. The proposed rulemaking would 
also include risk insights, supporting guidance documents and be more 
performance-based. Following the events of September 11, 2001, the 
staff recommended and the Commission approved the withdrawal of SECY-
01-0101, Proposed Rule Changes to 10 CFR 73.55, which contained the 
staff's recommendations in the subject rulemaking. This withdrawal was

[[Page 75642]]

requested to allow the staff to incorporate its post-September 11, 
2001, considerations in a revised recommended rule revision, then later 
resubmit 10 CFR 73.55 to the Commission for its consideration.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Undetermined

Government Levels Affected: Undetermined

Agency Contact: Mark C. Nolan, Nuclear Regulatory Commission, Office of 
Nuclear Security and Incident Response, Washington, DC 20555-0001
Phone: 301 415-1596
Email: mcn@nrc.gov

RIN: 3150-AG63
_______________________________________________________________________

4265. STANDARDS FOR COMBUSTIBLE GAS CONTROL SYSTEM IN LIGHT-WATER-COOLED 
POWER REACTORS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
improve safety by better focusing on the risk-significant challenges 
from combustible gases; ensure combustible gas control during all risk-
significant events; and eliminate those aspects of current requirements 
that provide no safety benefit. A staff requirement memorandum dated 
January 19, 2001, directed the staff to proceed expeditiously with 
rulemakings on the risk-informed alternative of section 50.44, 
including completion of outstanding technical work (e.g., development 
of combustible gas source terms) and necessary regulatory analyses. 
Also, this rulemaking addresses the petition for rulemaking submitted 
by Bob Christie (PRM-50-68), and partially addresses the petition for 
rulemaking submitted by the Nuclear Energy Institute (PRM-50-71). Draft 
rule language was posted for public comment on the NRC Ruleforum 
website on November 14, 2001. The proposed rule was submitted to the 
Commission on May 13, 2002.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/02/02                    67 FR 50374
NPRM Comment Period End         10/16/02
Final Action                     To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Anthony W. Markley, Nuclear Regulatory Commission, 
Office of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3165
Email: awm@nrc.gov

RIN: 3150-AG76
_______________________________________________________________________

4266. NOTIFICATION REQUIREMENT

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2111; 42 USC 2201; 42 USC 2232; 42 USC 2233; 42 
USC 5841

CFR Citation: 10 CFR 35

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations by 
requiring a licensee to notify the NRC and an identified exposed 
individual after the licensee becomes aware that the individual 
received or is estimated to have received a dose exceeding 50mSv (5 
rem) from a released patient who had been administered radioactive 
material.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: Yes

Small Entities Affected: Businesses, Governmental Jurisdictions, 
Organizations

Government Levels Affected: None

Agency Contact: Betty Ann Torres, Nuclear Regulatory Commission, Office 
of Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-0191
Email: bat@nrc.gov

RIN: 3150-AG81
_______________________________________________________________________

4267. ENTOMBMENT OPTIONS FOR POWER REACTORS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 20; 10 CFR 50

Legal Deadline: None

Abstract: The advance notice of proposed rulemaking (ANPRM) was 
published to request public comment, information, and recommendations 
on contemplated amendments to the Commission's regulations that would 
clarify the use of entombment for power reactors. The amendments would 
establish dose criteria for license termination that includes a 
provision that permits license termination under restricted and 
unrestricted release conditions. Analysis of comments on the ANPRM and 
recommendations are being developed.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           10/16/01                    66 FR 52551
ANPRM Comment Period End        12/31/01
NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Patricia Eng, Nuclear Regulatory Commission, Office of 
Nuclear Material Safety and Safeguards, Washington, DC 20555-0001
Phone: 301 415-7206
Email: ple@nrc.gov

RIN: 3150-AG89
_______________________________________________________________________

4268. MODIFICATIONS TO PRESSURE-TEMPERATURE LIMITS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 50

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations to 
eliminate those requirements for pressure-temperature limits that are 
related to the metal temperature of the reactor pressure vessel closure 
head flange and vessel flange areas. The proposed rule would amend 
footnotes 2 and 6 to table 1 of appendix G, and simplify restructuring 
of the table. Also,

[[Page 75643]]

this rulemaking would address the petition for rulemaking submitted by 
Westinghouse Electric Company (PRM-50-69).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                             To Be                       Determined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Matthew Mitchell, Nuclear Regulatory Commission, Office 
of Nuclear Reactor Regulation, Washington, DC 20555-0001
Phone: 301 415-3303
Email: mam4@nrc.gov

RIN: 3150-AG98
_______________________________________________________________________

4269. [bull] FEDERAL ADVISORY COMMITTEE ACT REGULATIONS

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 7

Legal Deadline: None

Abstract: The proposed rule would amend the Commission's regulations on 
the Federal Advisory Committee Act to conform with newly issued General 
Services Administration regulations.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/08/02                    67 FR 51501
NPRM Comment Period End         10/07/02


Next Action Undetermined

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: John Szabo, Nuclear Regulatory Commission, Office of 
the General Counsel, Washington, DC 20555-0001
Phone: 301 415-1610
Email: jls@nrc.gov

RIN: 3150-AH02
_______________________________________________________________________
Nuclear Regulatory Commission (NRC)                   Completed Actions

_______________________________________________________________________

4270. ELECTRONIC MAINTENANCE AND SUBMISSION OF INFORMATION

Priority: Substantive, Nonsignificant

CFR Citation: 10 CFR 2; 10 CFR 61; 10 CFR 62; 10 CFR 70; 10 CFR 71; 10 
CFR 72; 10 CFR 73; 10 CFR 32; 10 CFR 34; 10 CFR 40; 10 CFR 50; 10 CFR 
51; 10 CFR 52; 10 CFR 55; 10 CFR 60; 10 CFR 4; 10 CFR 9; 10 CFR 21; 10 
CFR 20; 10 CFR 15; 10 CFR 19; 10 CFR 25; 10 CFR 30; 10 CFR 26; 10 CFR 
31; 10 CFR 74; 10 CFR 75; 10 CFR 76; 10 CFR 81; 10 CFR 95; 10 CFR 110; 
10 CFR 140; 10 CFR 150

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Direct Final Rule               09/06/02                    67 FR 57084
Direct Final Rule Effective     12/05/02

Regulatory Flexibility Analysis Required: Yes

Government Levels Affected: None

Agency Contact: Brenda J. Shelton
Phone: 301 415-7233
Email: bjs1@nrc.gov

Arnold E. Levin
Phone: 301 415-7458
Email: ael1@nrc.gov

RIN: 3150-AF61
_______________________________________________________________________

4271. INDUSTRY CODES AND STANDARDS

Priority: Substantive, Nonsignificant

CFR Citation: 10 CFR 50

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Rule                      09/26/02                    67 FR 60520
Final Rule Effective            10/02/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Stephen A. Tingen
Phone: 301 415-1280
Email: sgt@nrc.gov

RIN: 3150-AG61
_______________________________________________________________________

4272. DEBT COLLECTION PROCEDURES

Priority: Substantive, Nonsignificant

CFR Citation: 10 CFR 15

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Rule                      05/06/02                    67 FR 30315
Final Rule Effective            06/05/02

Regulatory Flexibility Analysis Required: Yes

Government Levels Affected: None

Agency Contact: Leah Tremper
Phone: 301 415-7347
Email: lpt@nrc.gov

RIN: 3150-AG80
_______________________________________________________________________

4273. SPECIFICATION OF A PROBABILITY FOR UNLIKELY FEATURES, EVENTS AND 
PROCESSES

Priority: Substantive, Nonsignificant

CFR Citation: 10 CFR 63

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Action                    10/08/02                    67 FR 62628
Final Action Effective          11/07/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Tim McCartin
Phone: 301 415-7285
Email: tjm3@nrc.gov

RIN: 3150-AG91
_______________________________________________________________________

4274. REVISION OF FEE SCHEDULES; FEE RECOVERY, FY 2002

Priority: Economically Significant

CFR Citation: 10 CFR 170; 10 CFR 171

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Rule                      06/24/02                    67 FR 42612
Final Rule Effective            08/23/02

Regulatory Flexibility Analysis Required: Yes

Government Levels Affected: State, Local

Agency Contact: Glenda C. Jackson
Phone: 301 415-6057

[[Page 75644]]

Email: gcj@nrc.gov

Robert D. Carlson
Phone: 301 415-8165
Email: rdc@nrc.gov

RIN: 3150-AG95
_______________________________________________________________________

4275. REVISION TO SALARY OFFSET PROCEDURES

Priority: Substantive, Nonsignificant

CFR Citation: 10 CFR 16

Completed:
________________________________________________________________________

Reason                            Date                      FR Cite

________________________________________________________________________

Final Rule                      09/11/02                    67 FR 57506
Final Rule Effective            10/11/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: None

Agency Contact: Leah Tremper
Phone: 301 415-7347
Email: lpt@nrc.gov

RIN: 3150-AG96
_______________________________________________________________________

4276. [bull] COST RECOVERY FOR CONTESTED HEARING INVOLVING U.S. NATIONAL 
SECURITY INITIATIVES

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5841

CFR Citation: 10 CFR 170

Legal Deadline: None

Abstract: The final rule amends the Commission's regulations to allow 
recovery of costs associated with contested hearings involving U.S. 
Government national security-related proceedings through licensing or 
other regulatory service fees assessed to the affected applicant or 
licensee. The amendment is a special exemption to the Commission's 
longstanding policy of not charging this type of fee for contested 
hearings and instead recovering the costs through the annual fees 
assessed to licensees within the affected class.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            07/31/02                    67 FR 49623
NPRM Comment Period End         08/30/02
Final Rule                      10/17/02                    67 FR 64033
Final Rule Effective            11/18/02

Regulatory Flexibility Analysis Required: No

Government Levels Affected: Undetermined

Agency Contact: Glenda C. Jackson, Nuclear Regulatory Commission, 
Office of the Chief Financial Officer, Washington, DC 20555-0001
Phone: 301 415-6057
Email: gcj@nrc.gov

Robert D. Carlson, Nuclear Regulatory Commission, Office of the Chief 
Financial Officer, Washington, DC 20555-0001
Phone: 301 415-8165
Email: rdc@nrc.gov

RIN: 3150-AH03
_______________________________________________________________________

4277. [bull] LIST OF APPROVED SPENT FUEL STORAGE CASKS: HI-STORM 100 
REVISION

Priority: Substantive, Nonsignificant

Legal Authority: 42 USC 2201; 42 USC 5802

CFR Citation: 10 CFR 72

Legal Deadline: None

Abstract: The NRC is amending its regulations revising the Holtic 
International HI-STORM 100 cask system listing within the list of 
approved spent fuel storage casks to include Amendment 1 to Certificate 
of Compliance Number 1014. This rule was originally published as a 
direct final rule (under RIN 3150-AG97), on March 27, 2002 (67 FR 
14627). Because the NRC received a significant adverse comment on the 
direct final rule, the rule was withdrawn (June 7, 2002; 67 FR 39260). 
The significant adverse comment related to concern with (1) 
interactions between the non-fuel hardware and the fuel, and (2) the 
absence of documentation of NRC's analysis to accept the storage of the 
non-fuel hardware. The NRC addressed these comments in a final rule 
published on July 15, 2002 (67 FR 46369).

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      07/15/02                    67 FR 46369
Final Rule Effective            07/15/02

Regulatory Flexibility Analysis Required: No

Small Entities Affected: No

Government Levels Affected: None

Agency Contact: Jayne M. McCausland, Nuclear Regulatory Commission, 
Office of Nuclear Material Safety and Safeguards, Washington, DC 20555-
0001
Phone: 301 415-6219
Email: jmm2@nrc.gov

Related RIN: Previously reported as 3150-AG97
RIN: 3150-AH04
[FR Doc. 02-24259 Filed 12-06-02; 8:45 am]
BILLING CODE 7590-01-S