[No title available]

Part XX

Nuclear Regulatory Commission

-----------------------------------------------------------------------

Semiannual Regulatory Agenda

[[Page 22070]]

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 November 24,

2008 (73 FR 71510).

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.

The complete Unified Agenda will be available online at

www.reginfo.gov, in a format that offers users a greatly enhanced

ability to obtain information from the Agenda database.

FOR FURTHER INFORMATION CONTACT: For further information concerning NRC

rulemaking procedures or the status of any rule listed in this agenda,

contact: Michael T. Lesar, Chief, Rulemaking, Directives, and Editing

Branch, Division of Administrative Services, Office of Administration,

U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001,

telephone 301-492-3663 (e-mail: [email protected]). 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 November 24,

2008 (73 FR 71510). Within each group, the rules are ordered according

to the Regulation Identifier Number (RIN).

The information in this agenda has been updated through

February 27, 2009. 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. One rule

affects small entities.

Dated at Rockville, Maryland, this 27th day of February 2009.

For the Nuclear Regulatory Commission.

Michael T. Lesar,

Chief, Rulemaking, Directives, and Editing Branch,

Division of Administrative Services,

Office of Administration.

Nuclear Regulatory Commission--Proposed Rule Stage

----------------------------------------------------------------------------------------------------------------

Regulation

Sequence Title Identifier

Number Number

----------------------------------------------------------------------------------------------------------------

414 Revision of Fee Schedules; Fee Recovery for FY 2009 [NRC-2008-0620]................... 3150-AI52

----------------------------------------------------------------------------------------------------------------

Nuclear Regulatory Commission--Long-Term Actions

----------------------------------------------------------------------------------------------------------------

Regulation

Sequence Title Identifier

Number Number

----------------------------------------------------------------------------------------------------------------

415 Distribution of Source Material To Exempt Persons and General Licensees and Revision 3150-AH15

of 10 CFR 40.22 General License [NRC-2009-0084].......................................

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

----------------------------------------------------------------------------------------------------------------

[[Page 22071]]

_______________________________________________________________________

Nuclear Regulatory Commission (NRC) Proposed Rule Stage

_______________________________________________________________________

414. REVISION OF FEE SCHEDULES; FEE RECOVERY FOR FY

2009 [NRC-2008-0620]

Legal Authority: 42 USC 2201; 42 USC 5841

Abstract: The proposed rule would amend the Commission's licensing,

inspection, and annual fees charged to its applicants and licensees.

The amendments implement the Omnibus Budget Reconciliation Act of 1990

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

approximately 90 percent of its budget authority in Fiscal Year (FY)

2009, less the amounts appropriated from the Nuclear Waste Fund, and

for Waste Incidental to Reprocessing, generic homeland security

activities, and scholarships and fellowships.

Based on the bill reported by the House Appropriations Committee on

June 25, 2008, the NRC's required fee recovery amount for the FY 2009

budget is approximately $ 870.6 million. After accounting for carryover

and billing adjustments, the total amount to be recovered through fees

is approximately $ 864.8 million.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM 03/02/09 74 FR 9129

NPRM Comment Period End 04/01/09

Final Action 10/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Renu Suri, Nuclear Regulatory Commission, Office of the

Chief Financial Officer, Washington, DC 20555-0001

Phone: 301 415-0161

Email: [email protected]

RIN: 3150-AI52

_______________________________________________________________________

Nuclear Regulatory Commission (NRC) Long-Term Actions

_______________________________________________________________________

415. DISTRIBUTION OF SOURCE MATERIAL TO EXEMPT PERSONS AND GENERAL

LICENSEES AND REVISION OF 10 CFR 40.22 GENERAL LICENSE [NRC-2009-0084]

Legal Authority: 42 USC 2201; 42 USC 5841

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

improve the control over the distribution of source material to exempt

persons and to general licensees in order to make part 40 more risk-

informed. The proposed rule also would govern the licensing of source

material by adding specific requirements for licensing of and reporting

by distributors of products and materials used by exempt persons and

general licensees. Source material is used under general license and

under various exemptions from licensing requirements in part 40 for

which there is no regulatory mechanism for the Commission to obtain

information to fully assess the resultant risks to public health and

safety. Although estimates of resultant doses have been made, there is

a need for ongoing information on the quantities and types of

radioactive material distributed for exempt use and use under general

license. Obtaining information on the distribution of source material

is particularly difficult because many of the distributors of source

material to exempt persons and generally licensed persons are not

currently required to hold a license from the Commission. Distributors

are often unknown to the Commission. No controls are in place to ensure

that products and materials distributed are maintained within the

applicable constraints of the exemptions. In addition, the amounts of

source material allowed under the general license in section 40.22

could result in exposures above 1 mSv/year (100 mrem/year) to workers

at facilities that are not required to meet the requirements of parts

19 and 20. Without knowledge of the identity and location of the

general licensees, it would be difficult to enforce restrictions on the

general licensees. This rule also would address PRM-40-27 submitted by

the State of Colorado and Organization of Agreement States.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM To Be Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Gary C. Comfort, Jr., Nuclear Regulatory Commission,

Office of Federal and State Materials and Environmental Management

Programs, Washington, DC 20555-0001

Phone: 301 415-8106

Email: [email protected]

RIN: 3150-AH15

_______________________________________________________________________

416. CONTROLLING THE DISPOSITION OF SOLID MATERIALS [NRC-1999-0002]

Legal Authority: 42 USC 2201; 42 USC 5841

Abstract: The staff provided a draft proposed rule package on

Controlling the Disposition of Solid Materials to the Commission on

March 31, 2005, which the Commission disapproved. The Commission's

decision was based on the fact that the Agency is currently faced with

several high priority and complex tasks, that the current approach to

review specific cases on an individual basis is fully protective of

public health and safety, and that the immediate need for this rule has

changed due to the shift in timing for reactor decommissioning. The

Commission has deferred action on this rulemaking.

Timetable:

________________________________________________________________________

Action Date FR Cite

________________________________________________________________________

NPRM To Be Determined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Kimyata Morgan Butler, Nuclear Regulatory Commission,

Office of Federal and State Materials and Environmental Management

Programs, Washington, DC 20555-0001

Phone: 301 415-0733

Email: [email protected]

RIN: 3150-AH18

[FR Doc. E9-10281 Filed 05-08-09; 8:45 am]

BILLING CODE 7590-01-S