Title 10 published on 2012-01-01
The following are only the Rules published in the Federal Register after the published date of Title 10.
For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to remove its published General Counsel interpretations of various regulatory provisions. These interpretations are largely obsolete, having been superseded by subsequent statutory and regulatory changes, and this part of the Commission's regulations is no longer necessary.
The U.S. Department of Energy (DOE) is correcting a final rule establishing revised test procedures for residential clothes washers, published in the Federal Register on March 7, 2012, and applicable as of April 6, 2012. DOE erroneously omitted regulatory language to remove the obsolete parenthetical note from the water factor calculation section of the currently applicable test procedure.
The U.S. Department of Energy (DOE) establishes new test procedures for residential clothes washers under the Energy Policy and Conservation Act. The new test procedures include provisions for measuring standby mode and off mode energy consumption, and update the provisions for measuring active mode energy and water consumption. This final rule also amends the certification, compliance, and enforcement requirements for residential clothes washers, amends provisions for calculating the estimated annual operating cost for clothes washers, eliminates an obsolete clothes washer test procedure, and amends certain provisions in the currently applicable test procedure.
The U.S. Department of Energy (DOE) published an interim final rule on March 11, 2010, requiring that all States and other service providers that participate in the Weatherization Assistance Program (WAP) treat all requests for information concerning applicants and recipients of WAP funds in a manner consistent with the Federal Government's treatment of information requested under the Freedom of Information Act (FOIA). DOE published a final rule on June 7, 2010, adopting the interim final rule as final without change. This adoption inadvertently caused the sunset date of December 6, 2010, stated in the interim final rule to also be adopted as final. DOE is today adopting the amendments to 10 CFR part 440 of chapter II of title 10, Code of Federal Regulations set forth in the interim final rule without adopting the sunset date.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its export and import regulations by removing Oman from the list of restricted destinations. This amendment is necessary to conform the NRC's regulations with U.S. Government foreign policy.
In this final rule, the U.S. Department of Energy (DOE) is amending its test procedure for commercial refrigeration equipment (CRE), incorporating changes that will take effect 30 days after the final rule is published in the Federal Register . These changes will be mandatory for equipment testing to demonstrate compliance with the amended energy standards (Docket No. EERE-2010-BT-STD-0003). The amendments to the test procedure adopted in this final rule include updating references to industry test procedures to their current versions, incorporating methods to evaluate the energy impacts resulting from the use of night curtains and lighting occupancy sensors and controls, and allowing testing of certain commercial refrigeration equipment at the lowest temperature at which it is able to operate, referred to as its lowest application product temperature. In response to comments received in response to the relevant November 2010 Notice of Proposed Rulemaking (NOPR), and to minimize the testing burden on manufacturers, DOE is also incorporating provisions to allow manufacturers to test at the rating temperatures and ambient conditions required by NSF International (founded in 1944 as the National Sanitation Foundation, now referred to simply as NSF) for food safety testing.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its spent fuel storage regulations by revising the Holtec International HI-STORM 100 dry cask storage system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 8 to Certificate of Compliance (CoC) No. 1014. Amendment No. 8 adds a new multipurpose canister (MPC)-68M to the approved models currently included in CoC No. 1014 with two new boiling water reactor fuel assembly/array classes, and a new pressurized water reactor fuel assembly/class to CoC No. 1014 for loading into the MPC-32. In addition, the amendment makes several other changes as described under the “Discussion” heading in the SUPPLEMENTARY INFORMATION section of this document.
The Department of Energy (DOE) today is amending its Patent Compensation Board regulations to provide that the Secretary of Energy, or a person acting in that position, shall appoint, as needed, a three member panel to serve as the Patent Compensation Board to hear and decide cases falling under the subject matter jurisdiction of the Board. The Secretary of Energy shall further designate one member as the chairman. This action is made necessary by the abolishment of the Department of Energy Board of Contract Appeals, which had previously served as the Patent Compensation Board.
The Department of Energy (DOE) is amending its patent licensing regulations to remove outdated sections and provide for the creation of a new appeal authority to serve as the Invention Licensing Appeal Board. Under the new regulations, the DOE Deputy General Counsel for Technology Transfer and Procurement shall hear and decide appeals relating to licensing of federally-owned inventions; and to copyright licenses granted in works created under management and operating (M & O) contracts with DOE, but not including M & O contracts administered by the National Nuclear Security Administration (NNSA) for NNSA facilities. The NNSA Deputy General Counsel for Procurement shall hear and decide appeals under management and operating contracts administered by NNSA for NNSA facilities.
On September 14, 2011, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (NOPR) to amend the test procedures for general service fluorescent lamps (GSFLs), general service incandescent lamps (GSILs), and incandescent reflector lamps (IRLs). That proposed rulemaking serves as the basis for today's action. DOE is amending its test procedures for GSFLs and GSILs established under the Energy Policy and Conservation Act (EPCA). DOE is not amending in this final rule the existing test procedure for IRLs established under EPCA. For GSFLs and GSILs, DOE is updating several references to the industry standards referenced in DOE's test procedures. DOE is also establishing a lamp lifetime test procedure for GSILs. These test procedures also provide the protocols upon which the Federal Trade Commission bases its energy guide label for these products. DOE's review of the GSFL, GSIL, and IRL test procedures fulfills the EPCA requirement that DOE review test procedures for all covered products at least once every seven years.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is confirming the effective date of January 30, 2012, for the direct final rule that was published in the Federal Register on November 14, 2011. This direct final rule amended the NRC's spent fuel storage regulations by revising the NAC International, Inc. (NAC) MAGNASTOR® System listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 2 to Certificate of Compliance (CoC) Number 1031.
This rulemaking amends the interim final rule for test procedures for refrigerators, refrigerator-freezers, and freezers, issued on December 16, 2010. Specifically, it amends test procedures at subpart B, appendices A and B, by incorporating changes to the interim final rule that will apply to all measurements of energy consumption of newly manufactured products starting September 15, 2014. These amendments modify the required test period for the second part of the test for products with cycling compressor systems and long-time automatic defrost or variable defrost control and adjust the default values of maximum and minimum compressor run time for products with variable defrost. These changes will ensure a more accurate measurement of the energy use of products with variable defrost control.
The U.S. Nuclear Regulatory Commission (NRC) is correcting the preamble, or statements of consideration (SOC), and the codified text in a final rule that was published in the Federal Register on June 21, 2011 (76 FR 36232). The final rule amended the NRC's regulations to incorporate by reference various editions and addenda to the ASME Boiler and Pressure Vessel (B&PV) Code, and the ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code). The final rule also incorporated by reference (with conditions on their use) ASME B&PV Code Cases N-722-1 and N-770-1. This document is necessary to correct typographical, formatting, and punctuation errors.
On April 4, 2011, the U.S. Department of Energy (DOE or the Department) issued a notice of proposed rulemaking (NOPR) to amend the test procedure for automatic commercial ice makers (ACIM). That NOPR serves as the basis for today's action. This final rule amends the current test procedure for automatic commercial ice makers. The changes include updating the incorporation by reference of industry test procedures to the most current published versions, expanding coverage of the test procedure to all batch type and continuous type ice makers with capacities between 50 and 4,000 pounds of ice per 24 hours, standardizing test results based on ice hardness for continuous type ice makers, clarifying the test methods and reporting requirements for automatic ice makers designed to be connected to a remote compressor rack, and discontinuing the use of a clarified energy use equation.
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to Title 10
The U.S. Department of Energy (DOE) proposes to establish test procedures for light-emitting diode (LED) lamps to support implementation of labeling provisions by the Federal Trade Commission (FTC) established under the Energy Policy and Conservation Act (EPCA). The proposed test procedures define methods for measuring the lumen output, input power, and relative spectral distribution (to determine correlated color temperature, or CCT) of LED lamps. Further, the proposed test procedures define methods for measuring the lumen maintenance of the LED source (the component of the LED lamp that produces light) to project the rated lifetime of LED lamps. The rated lifetime of the LED lamp is the time required for the LED source component of the lamp to reach lumen maintenance of 70 percent (that is, 70 percent of initial light output). After reviewing available industry standards for determining the lumen output, input power, CCT, and rated lifetime, as well as current best practices and technological developments, DOE tentatively identified that the test methods described in the relevant Illuminating Engineering Society of North America (IES) standards are appropriate for developing test procedures for LED lamps. The proposed test procedures are based in large part on IES standards LM-79-2008, “Approved Method: Electrical and Photometric Measurements of Solid-State Lighting Products” for determining lumen output, input power, and CCT, and LM-80-2008, “Approved Method: Measuring Lumen Maintenance of LED Sources” and TM-21-2011, “Projecting Long Term Lumen Maintenance of LED Light Sources,” for determining rated lifetime, with some modifications as required.
This document announces that the period for submitting comments on the proposed rule to amend the standards for medical, physical performance, training, and access authorizations for protective force (PF) personnel employed by contractors providing security services to the Department will be extended until April 13, 2012.
This document announces an extension of the time period for submitting comments on the Notice of Public Meeting (NOPM) and Availability of Framework Document Regarding Energy Conservation Standards for High-Intensity Discharge (HID) Lamps. The comment period is extended to April 12, 2012.
On March 12, 2012, the Department of Energy (DOE) issued a notice of proposed rulemaking to implement section 142 of the Energy Independence and Security Act of 2007, which amended the Energy Policy and Conservation Act and directed the Secretary of Energy to issue implementing regulations for a statutorily-required reduction in petroleum consumption and increase in alternative fuel consumption for Federal fleets. With this Request for Information (RFI), DOE requests public comment on whether the proposed method for calculating the fiscal year 2005 alternative fuel consumption baseline should include the alternative fuel consumed by exempt vehicles and low-speed electric vehicles.
The Energy Policy and Conservation Act (EPCA) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, including battery chargers and external power supplies (EPSs). EPCA also requires the U.S. Department of Energy (DOE) to determine whether more stringent, amended standards for these products are technologically feasible, economically justified, and would save a significant amount of energy. In this notice, DOE proposes amended energy conservation standards for Class A EPSs and new energy conservation standards for non-Class A EPSs and battery chargers. The notice also announces a public meeting to receive comment on these proposed standards and associated analyses and results.
The U.S. Department of Energy (DOE) proposed to amend its energy conservation standards for several classes of commercial heating, air-conditioning, and water-heating equipment and to adopt new energy conservation standards for computer room air conditioners in a January 2012 notice of proposed rulemaking (January 2012 NOPR). The levels that DOE proposed to adopt were equivalent to the efficiency levels contained in the American National Standards Institute (ANSI)/American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)/Illuminating Engineering Society of North America (IESNA) Standard 90.1-2010 (ASHRAE Standard 90.1-2010). In addition, DOE proposed in the January 2012 NOPR to update the current Federal test procedures, or for certain equipment types adopt new test procedures, to incorporate by reference the most current versions of several relevant industry test procedures specified in ASHRAE Standard 90.1-2010. The amendments proposed in today's supplemental notice of proposed rulemaking (SNOPR) would modify the definition of “computer room air conditioner” initially proposed in the January 2012 NOPR and incorporate additional provisions to clarify the proposed test procedure provisions for commercial package air-conditioning and heating equipment and variable refrigerant flow systems. DOE is also proposing to include with modification certain provisions from Air-Conditioning, Heating, and Refrigeration Institute (AHRI) operations manuals in its test procedures that would clarify the application of the DOE test procedures and harmonize DOE testing with the testing performed by industry.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) will consider the issues raised in the petition for rulemaking (PRM), PRM-50-101, submitted by the Natural Resources Defense Council, Inc. (NRDC or the petitioner), in the rulemaking process. The petitioner requests that the NRC amend its regulations to require each operating and new reactor licensee to establish station blackout (SBO) mitigation strategies and resources. The NRC determined that the issues raised in the PRM are appropriate for consideration and will consider them in the planned “Station Blackout” rulemaking.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is issuing this Advance Notice of Proposed Rulemaking (ANPR) to begin the process of considering amendments of its regulations that address a condition known as station blackout (SBO). SBO involves the loss of all onsite and offsite alternating current (ac) power at a nuclear power plant. The NRC seeks public comment on specific questions and issues with respect to possible revisions to the NRC's requirements for addressing SBO conditions to develop new SBO requirements and a supporting regulatory basis. This regulatory action is one of the near-term actions based on lessons-learned stemming from the March 2011 Fukushima Dai-ichi accident in Japan.
The U.S. Department of Energy (DOE) is informing the public of its collection of shipment data and creation of spreadsheet models to provide comparisons between actual and benchmark estimate unit sales of five lamp types ( i.e., rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601-3,300 lumen general service incandescent lamps, and shatter-resistant lamps), which are currently exempt from energy conservation standards. As the actual sales do not exceed the forecasted estimate by 100 percent for any lamp type ( i.e., the threshold triggering a rulemaking for an energy conservation standard for that lamp type has not been exceeded), DOE has determined that no regulatory action is necessary at this time. However, DOE will continue to track sales data for these exempted lamps. Relating to this activity, DOE has prepared, and is making available on its Web site, a spreadsheet showing the comparisons of anticipated versus actual sales, as well as the model used to generate the original sales estimates. The spreadsheet is available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/five_lamp_types.html.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to 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 the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2012, not including amounts appropriated for Waste Incidental to Reprocessing (WIR), and amounts appropriated for generic homeland security activities. President Obama signed the Consolidated Appropriations Act of 2012 on December 23, 2011, giving the NRC a total appropriation of $1,038.1 million for FY 2012. The FY 2012 proposed fee rule, based on the FY 2012 appropriation, would require the NRC to recover fees of approximately $909.5 million from licensees. After accounting for billing adjustments, the total amount to be billed as fees is approximately $901 million.
The Department of Energy (DOE) today publishes a proposed rule to implement section 142 of the Energy Independence and Security Act of 2007, which amended the Energy Policy and Conservation Act and directed the Secretary of Energy to issue implementing regulations for a statutorily-required reduction in petroleum consumption and increase in alternative fuel consumption for Federal fleets.
The Department of Energy (DOE or Department) proposes to revise the regulation governing the standards for medical, physical performance, training, and access authorizations for protective force (PF) personnel employed by contractors providing security services to the Department. The existing version of this regulation was promulgated in 1993 and substantial portions of the regulation date to the mid-1980s. Since 1993 DOE policy has placed greater reliance upon technology, vehicular response, and increased firepower and, correspondingly, has reduced its reliance upon the ability of PF personnel to perform the running tasks required in the current regulation. Furthermore, this shift in emphasis has placed a greater premium upon the retention of mature, tactically experienced, and technically sophisticated personnel, particularly since these personnel represent a considerable investment by DOE in security background investigations and training. The proposed revisions bring DOE PF medical and physical readiness requirements in line with these tactical and organizational priorities. The proposed revisions reduce the exposure of the PF population to injuries related to physical readiness testing. They would create a PF readiness classification designed specifically to encourage the retention of experienced personnel. The revisions would further ensure that PF personnel would be evaluated on a case-by-case basis on their ability to perform the essential functions of their positions without posing a direct threat to themselves or site personnel, the facility, or the general public. The proposed revisions would further ensure that reasonable accommodations would be considered before a determination is made that an individual cannot perform the essential functions of a particular position. The proposed rule also would provide for new medical review processes for PF personnel disqualified from medical certification. The proposed rule would ensure that DOE PF medical and physical readiness requirements would be compliant with the Americans with Disabilities Act (ADA) of 1990, as amended by the Americans with Disabilities Amendment Act of 2009 (ADAAA), the Privacy Act and DOE implementing regulations, and changes in DOE policy regarding PF operations made since the publication of the last version of this rule. In addition, the proposed rule would promote operational efficiency through greater emphasis on aligning training with mission-essential tasks and the increased use of simulation technologies. Finally, the proposed revision would update the regulation to reflect organizational changes in the Office of Health, Safety and Security and the creation of the National Nuclear Security Administration (NNSA).
On January 24, 2012, the U.S. Department of Energy (DOE) announced that it would hold a public meeting to discuss and receive comments on the product classes that DOE plans to analyze for purposes of establishing energy conservation standards for automatic commercial ice makers; the analytical framework, models, and tools that DOE is using to evaluate new and amended standards for these products; the results of preliminary analyses performed by DOE for these products; and potential energy conservation standard levels derived from these analyses that DOE could consider for these products. DOE also encouraged written comments on these subjects. This document announces an extension of the time period for submitting comments on the energy conservation standards notice of public meeting (NOPM) and availability of the preliminary technical support document (preliminary TSD) for automatic commercial ice makers. The comment period is extended to April 20, 2012.
This document announces a reopening of the time period for submitting comments on the Department of Energy (DOE or Department) notice of proposed rulemaking (NOPR) to revise existing regulations covering contractor legal management requirements and make conforming amendments to the Department of Energy Acquisition Regulation (DEAR) (76 FR 81408). The comment period is reopened until March 16, 2012.
The U.S. Department of Energy (DOE) is initiating the rulemaking and data collection process to consider establishing energy conservation standards for high-intensity discharge (HID) lamps. Accordingly, DOE will hold a public meeting to discuss and receive comments on its planned analytical approach and the issues it will address in this rulemaking proceeding. DOE welcomes written comments from the public on this rulemaking. To inform stakeholders and to facilitate this process, DOE has prepared a framework document which details the analytical approach and identifies several issues on which DOE is particularly interested in receiving comment. The framework document is posted at: http://www1.eere.energy.gov/buildings/appliance_standards/commercial/high_intensity_discharge_lamps.html .
The U.S. Department of Energy (DOE) published a notice of proposed rulemaking on February 10, 2012, which proposed to amend DOE regulations regarding energy conservation standards for distribution transformers. It was recently discovered that values in certain tables of the proposed rule are inaccurate or absent. This notice corrects these inaccuracies as described.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) plans to conduct a public meeting to discuss possible revisions to the regulatory framework for the management of commercial low-level radioactive waste (LLW). The purpose of this public meeting is to gather information and receive feedback from stakeholders and other interested members of the public concerning specific proposed revisions to the Commission's LLW regulations. Consistent with Commission direction, the NRC staff plans to hold a series of three public meetings in 2012 on the proposed revisions to Commission's LLW regulations. This is the first of those public meetings.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its spent fuel storage cask regulations by revising the Holtec International HI-STORM 100 dry cask storage system listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 8 to Certificate of Compliance (CoC) No. 1014. Amendment No. 8 adds a new multipurpose canister (MPC)—68M to the approved models currently included in CoC No. 1014 with two new boiling water reactor fuel assembly/array classes, and a new pressurized water reactor fuel assembly/class to CoC No. 1014 for loading into the MPC-32. In addition, the amendment makes several other changes as described under the “Background” heading in the SUPPLEMENTARY INFORMATION section of this document.
On December 13, 2011 (76 FR 77431), the U.S. Nuclear Regulatory Commission (NRC) re-issued Draft Regulatory Guide, DG-4014, “Decommissioning Planning During Operations” in the Federal Register with a public comment period ending on February 10, 2012. The NRC is re-opening the public comment period for DG-4014 from February 10, 2012 to March 30, 2012. DG-4014 describes a method that the NRC staff considers acceptable for use in complying with the NRC's Decommissioning Planning Rule.
The U.S. Department of Energy (DOE) is holding a public meeting to discuss methodologies and gather comments on testing residential central air conditioners and heat pumps designed to use hydrochlorofluorocarbon-22 (R-22) refrigerant.
The Energy Policy and Conservation Act (EPCA) prescribes energy conservation standards for various consumer products and commercial and industrial equipment. Microwave ovens are covered products under EPCA, although there are no existing microwave oven standards. EPCA requires the U.S. Department of Energy (DOE) to determine whether amended, more stringent, standards are technologically feasible and economically justified, and would save a significant amount of energy. Additionally, the Energy Independence and Security Act of 2007 (EISA 2007) amended EPCA to require any final rule adopted after July 1, 2010 establishing or revising energy conservation standards for covered products, including microwave ovens, to address standby mode and off mode energy use. On October 17, 2008, DOE issued a Notice of Proposed Rulemaking (NOPR) in which DOE proposed amendments to the energy conservation standards for several residential and commercial products, including microwave ovens. In response to the NOPR, DOE received comment expressing concern and encouraging the Department to re-examine standby mode and off mode of microwave ovens as a part of DOE's rulemaking analyses. Additionally, DOE received comment alleging certain data problems affecting DOE's rulemaking analyses. DOE's preliminary assessment suggested that the concerns might be valid, thereby necessitating additional, supplemental rulemaking analyses. In this notice, DOE responds to the comments received on the NOPR and proposes amended energy conservation standards for microwave oven standby mode and off mode. The notice also announces a public meeting to receive comment on these proposed standards and associated analyses and results.
The U.S. Department of Energy (DOE) is considering establishing energy conservation standards for residential wine chillers and other residential refrigeration products. DOE will hold an informal public meeting to discuss and receive comments on its planned analytical approach and issues that it will address in this proceeding. DOE welcomes written comments and relevant data from the public on any subject within the scope of this notice. To inform stakeholders and facilitate this process, DOE has prepared a framework document that details the analytical approach and identifies several issues on which DOE is particularly interested in receiving comments. The framework document is available at http://www1.eere.energy.gov/buildings/appliance_standards/residential/refrigerators_freezers.html.
The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including low-voltage dry-type distribution transformers, and directs the U.S. Department of Energy (DOE) to prescribe standards for various other products and equipment, including other types of distribution transformers. EPCA also requires DOE to determine whether more-stringent, amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. In this notice, DOE proposes amended energy conservation standards for distribution transformers. The notice also announces a public meeting to receive comment on these proposed standards and associated analyses and results.
This document announces an extension of the time period for submitting comments on the request for information pertaining to the development of test procedures and energy conservation standards for set-top boxes and network equipment. The comment period is extended to March 15, 2012.
This document announces that the period for submitting comments on the proposed rule for the coordination of Federal Authorizations for Electric Transmission Facilities has been extended until February 27, 2012.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is closing a petition for rulemaking (PRM-31-5) submitted by the Organization of Agreement States, Inc. (OAS). The petition requested that the NRC amend its regulations to strengthen the regulation of radioactive materials by requiring a specific license for higher-activity devices that are currently available under a general license, and change the compatibility designation of applicable regulations from category B to category C. The petition also addresses a request filed by the Florida Department of Health, Bureau of Radiation Control, to change the compatibility category of a certain part of the applicable regulation from category B to category C. In response to the petition, the NRC developed a proposed rule that would have changed the compatibility of the applicable regulations, and would have limited the quantity of byproduct material contained in a generally-licensed device to below one-tenth of the International Atomic Energy Agency (IAEA) Category 3 thresholds. After further review, the NRC has decided to withdraw the proposed rule and to change the compatibility designation of the applicable regulations from category B to category C.
The U.S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on the equipment classes that DOE plans to analyze for establishing energy conservation standards for automatic commercial ice makers; the analytical framework, models, and tools that DOE is using to evaluate standards for this equipment; the results of preliminary analyses performed by DOE for this equipment; the potential energy conservation standard levels derived from these analyses that DOE could consider for this equipment; and any other issues relevant to the development of energy conservation standards for automatic commercial ice makers. In addition, DOE encourages written comments on these subjects. To inform interested parties and facilitate this process, DOE has prepared an agenda, a preliminary technical support document (preliminary TSD), and briefing materials.
The U.S. Nuclear Regulatory Commission (NRC) plans to conduct a public meeting on January 24, 2012, in Rockville, Maryland, to solicit input on a draft Branch Technical Position (BTP) on the Import of non-U.S. Origin Radioactive Sources. In 2010, the NRC published a final rule amending 10 CFR part 110 (75 FR 44072; July 28, 2010). Among other things, it added the phrase “Of U.S. origin” to the first exclusion to the definition of “radioactive waste” in § 110.2. The phrase was added to the final rule in response to a public comment on the proposed rule to clarify the exclusion. Since publication of the final rule, industry has raised concerns with NRC staff regarding established industry practices and the need for guidance on implementation of the “U.S. origin” exclusion. The staff is holding a public meeting to obtain comments from stakeholders on the draft BTP and to discuss implementation issues associated with the “U.S. origin” exclusion.
The U.S. Department of Energy (DOE) proposes to establish a new test procedure for television sets (TVs). DOE repealed the prior Federal test procedure for TVs on October 20, 2009, due to petitions from the California Energy Commission (CEC) and the Consumer Electronics Association (CEA). CEC and CEA petitioned for the repeal in light of the June 13, 2009, Federal Communications Commission (FCC) transition from analog to digital broadcast transmissions for TVs. In their petitions, the CEC requested repeal of the regulatory provisions establishing the test procedure and defining “television set,” and the CEA petitioned for DOE's adoption of the International Electrochemical Commission's (IEC's) test procedure IEC Standard 62087-2008, “Methods of measurement for the power consumption of audio, video and related equipment.” DOE is proposing a new test procedure for TVs that was developed from existing industry test procedures including those by IEC, Environmental Protection Agency (EPA), and CEA. Additionally, DOE will hold a public meeting to receive and discuss comments on the proposal.
The U.S. Department of Energy (DOE) is proposing to amend its energy conservation standards for several classes of commercial heating, air-conditioning, and water-heating equipment. Pursuant to the Energy Policy and Conservation Act of 1975 (EPCA), as amended, DOE must assess whether the uniform national standards for these covered equipment need to be updated each time the corresponding industry standard—the American National Standards Institute (ANSI)/American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)/Illuminating Engineering Society of North America (IESNA) Standard 90.1 (ASHRAE Standard 90.1)—is amended, which most recently occurred on October 29, 2010. Based upon its analysis of the energy savings potential of amended energy conservation standards and the lack of clear and convincing evidence to support more-stringent standards, DOE is proposing to adopt the amended standards in ASHRAE Standard 90.1 for small, large, and very large water-cooled and evaporatively-cooled commercial package air conditioners; variable refrigerant flow (VRF) water-source heat pumps less than 17,000 Btu/h; VRF water-source heat pumps at or greater than 135,000 Btu/h; and computer room air conditioners. DOE is also proposing updates to the current Federal test procedures to incorporate by reference the most current versions of the following relevant industry test procedures specified in ASHRAE Standard 90.1: Air-conditioning, Heating, and Refrigeration Institute (AHRI) 210/240 (small commercial package air conditioning and heating equipment); AHRI 340/360 (large and very large commercial package air conditioning and heating equipment); Underwriters Laboratories (UL) 727 and ANSI Z21.47 (commercial warm-air furnaces); and ANSI Z21.10.3 (commercial water heaters). Furthermore, DOE is proposing to adopt AHRI 1230 for newly-created classes of variable refrigerant flow air conditioners and heat pumps, ASHRAE 127 for computer room air conditioners, and AHRI 390 for single package vertical air conditioners and single package vertical heat pumps. In addition, DOE is announcing a public meeting to receive comment on its proposal and related issues.
The U.S. Department of Energy (DOE) proposes to determine that Residential Central Air Conditioner Split-System Condensing Units (hereafter referred to as “Condensing Units”) and Residential Heat Pump Split-System Outdoor Units (hereafter referred to as “Outdoor Units) qualify as a covered product under Part A of Title III of the Energy Policy and Conservation Act (EPCA), as amended. DOE has determined that Condensing Units and Outdoor Units meet the criteria for covered products because: (1) Classifying products of such type as covered products is necessary or appropriate to carry out the purposes of EPCA, and (2) the average U.S. household energy use for Condensing Units and Outdoor Units are likely to exceed 100 kilowatt-hours (kWh) per year.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has received a petition for rulemaking (PRM), dated October 14, 2011, from the Natural Resources Defense Council, Inc. (NRDC or the petitioner). The petitioner requests that the NRC amend its regulations regarding the measurement and control of combustible gas generation and dispersal within a power reactor system. The NRC is not instituting a public comment period for this PRM at this time.
The U.S. Nuclear Regulatory Commission (NRC or Commission) is amending its regulations to certify an amendment to the AP1000 standard plant design. The amendment replaces the combined license (COL) information items and design acceptance criteria (DAC) with specific design information, addresses the effects of the impact of a large commercial aircraft, incorporates design improvements, and increases standardization of the design. This action is necessary so that applicants or licensees intending to construct and operate an AP1000 design may do so by referencing this regulation (AP1000 design certification rule (DCR)), and need not demonstrate in their applications the safety of the certified design as amended. The applicant for this amendment to the AP1000 design is Westinghouse Electric Company, LLC (Westinghouse).
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide DG-4021, “General Site Suitability Criteria for Nuclear Power Stations.” This guide describes a method that the NRC staff considers acceptable to implement the site suitability requirements for nuclear power stations.
The Department of Energy (DOE or Department) is proposing to revise existing regulations covering contractor legal management requirements. Conforming amendments are also proposed to the Department of Energy Acquisition Regulation (DEAR). The proposed regulations will provide rules for handling of legal matters and associated costs by certain contractors whose contracts exceed $100,000,000 as well as legal counsel retained directly by the Department for matters in which costs exceed $100,000.
This document announces a reopening of the comment period for interested parties to submit comments on the October 24, 2011 supplemental notice of proposed rulemaking for residential central air conditioner and heat test procedures. The comment period is extended until January 20, 2012.
On November 8, 2011, the U.S. Nuclear Regulatory Commission (NRC or the Commission) published in the Federal Register a final rule (76 FR 69120) that amended the NRC's regulations to implement the 2010 “Agreement between the Government of Australia and the Government of the United States of America Concerning Peaceful Uses of Nuclear Energy.” The present NRC action is necessary to relocate a new section added by the final rule, and to make a related conforming change to the final rule.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to certify an amendment to the U.S. Advanced Boiling Water Reactor (U.S. ABWR) standard plant design to comply with the NRC's aircraft impact assessment (AIA) regulations. This action allows applicants or licensees intending to construct and operate a U.S. ABWR to comply with the NRC's AIA regulations by referencing the amended design certification rule (DCR). The applicant for certification of the amendment to the U.S. ABWR design is STP Nuclear Operating Company (STPNOC).
The U. S. Nuclear Regulatory Commission (NRC or the Commission) will conduct a public meeting with affected stakeholders to discuss the proposed options for developing the regulatory basis for streamlining non-power reactor license renewal and non-power reactor emergency preparedness. This meeting is a follow-up to the NRC's public meeting held September 13, 2011 in Idaho Falls, Idaho, to discuss establishing the technical basis for proposing rulemaking to streamline the non-power reactor license renewal process, options for reorganizing the structure of regulations that pertain to non-power reactors, and potential enhancements to emergency preparedness requirements. This meeting is open to the public.
The U.S. Department of Energy (DOE) is initiating a rulemaking and data collection process to develop a potential test procedure and energy conservation standard for set-top boxes (STB) and network equipment. To facilitate this process, DOE has gathered data, identifying several issues associated with currently available industry test procedures, efficiency standards and energy use data for STBs on which DOE is particularly interested in receiving comment. DOE welcomes written comments from the public on any subject within the scope of this rulemaking (including topics not raised in this RFI). DOE will hold a public meeting as part of this RFI.
The U.S. Department of Energy (DOE) proposes to establish its test procedures for high-intensity discharge (HID) lamps under the Energy Policy and Conservation Act of 1975 (EPCA), as amended. The proposed test procedures are based on industry standard procedures and practices already established by the American National Standards Institute (ANSI), the Illuminating Engineering Society of North America (IES), and the International Commission on Illumination (Commission Internationale de l'Eclairage (CIE)). The proposed test procedures would include measurement of parameters to enable calculation of lamp efficacy (in lumens per watt or lm/W), and would also provide for the efficiency measurement of directional lamps using center beam intensity (in candelas) and beam angle. The proposed procedures would also measure lumen maintenance ( i.e., the fraction or percentage of lamp light output relative to initial output, over time) at 40 percent and 70 percent of rated lamp lifetime. Correlated color temperature (CCT) and color rendering index (CRI) would also be measured as potential means to delineate equipment classes for HID lamps. This notice of proposed rulemaking (NOPR) also discusses DOE's conclusion that HID lamps do not operate or use energy in standby mode or off mode. Therefore, DOE does not propose test procedures for these modes.
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG) DG-4014, “Decommissioning Planning During Operations.” This guide describes a method that the NRC staff considers acceptable for use in complying with the NRC's Decommissioning Planning Rule.
The Department of Energy (DOE) proposes to amend its regulations for the timely coordination of Federal authorizations for proposed interstate electric transmission facilities pursuant to section 216(h) of the Federal Power Act (FPA). The proposed rule would require permitting entities to inform DOE of requests for authorizations required under Federal law for Qualifying Projects as defined in the rule, as well as establish a process whereby applicants for Federal authorizations for interstate electric transmission facilities that are not Qualifying Projects can request DOE assistance in the Federal authorization process. Also, the proposed rule provides for the selection of a Federal Lead Agency responsible for compiling a single environmental review document, and a consolidated administrative record, for Qualifying Projects. In addition, the proposed rule provides for the establishment of intermediate and final deadlines for the review of Federal authorization decisions, as well as establishing a date certain after which all permit decisions and related environmental reviews under all applicable Federal laws shall be completed within one year, or as soon thereafter as practicable in compliance with Federal law.
The U.S. Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM-32-6) submitted by the Association of State and Territorial Solid Waste Management Officials (ASTSWMO or the petitioner). The ASTSWMO requested that the NRC amend its regulations to improve the labeling and accountability of tritium exit signs. The ASTSWMO believes the majority of unaccounted tritium exit signs are disposed of in solid waste landfills where they become potential sources of groundwater and surface water contamination. The ASTSWMO requested that the NRC revise its regulations or guidance to require that: the labeling be in several locations on the sign and printed with larger font; an expiration date should be distinctly legible to a fire or building inspector without taking down the sign; and the radiation trefoil should be displayed on the front and back of advertisements. Although not a specific request for rulemaking, the petitioner recommended that a national collection effort with distinct milestones and goals be undertaken to consolidate all expired and disused tritium exit signs. The petitioner requested that the NRC organize a meeting with ASTSWMO and all interested stakeholders to set a new path forward on this issue. The NRC is denying PRM-32-6 for the reasons stated in this document.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is denying a petition for rulemaking (PRM) submitted by Mr. Sherwood Martinelli (the petitioner) (PRM-50-94). The petitioner requests that the NRC amend its regulations as they relate to decommissioning and decommissioning funding. Specifically, the petitioner requests that the NRC revise its reporting requirements, restrict funding mechanisms, require deposits within 90 days to cover shortfalls regardless of cause, amend the definition of the safe storage (SAFSTOR) decommissioning option, and eliminate the ENTOMB decommissioning option.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has received a petition for rulemaking (PRM) dated September 15, 2011, from George Hamawy (the petitioner). The petitioner requests that the NRC require installation of radiation alarms in rooms housing neutron sources.
The U.S. Department of Energy (DOE or the Department) has developed three separate possible approaches to enforcement of regional standards for residential furnaces and residential central air conditioners and heat pumps set forth by direct final rule published in the Federal Register on June 27, 2011. The Department is considering these three approaches, or a combination of elements in these approaches, as a framework for developing an enforcement plan for regional standards. DOE seeks comment on the approaches to inform the rulemaking for enforcement of regional energy efficiency standards for residential furnaces and residential central air conditioners and heat pumps. DOE also seeks comment on a possible waiver process for regional standards applicability.
The U.S. Nuclear Regulatory Commission (NRC) is issuing Supplement 3, “Guidance for Protective Action Strategies,” to NUREG-0654/FEMA-REP-1, Revision 1, “Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants;” NSIR/DPR-ISG-01, “Interim Staff Guidance Emergency Planning for Nuclear Power Plants;” and NUREG/CR-7002, “Criteria for Development of Evacuation Time Estimate Studies;” all dated November, 2011. These documents update implementation guidance regarding, and support recent changes to, the NRC's emergency preparedness regulations.
The U.S. Nuclear Regulatory Commission (NRC) is issuing a new regulatory guide (RG) 1.219, “Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors.” This guide describes a method that the NRC staff considers acceptable to implement the requirements that relate to emergency preparedness and specifically to making changes to emergency response plans.
The U.S. Department of Energy (DOE) published an interim final rule on March 9, 2011, amending its test procedures for microwave ovens under the Energy Policy and Conservation Act (EPCA) to provide for the measurement of standby mode and off mode power use by microwave ovens. Those amendments incorporated into the DOE test procedure provisions from the International Electrotechnical Commission (IEC) Standard 62301, “Household electrical appliances—Measurement of standby power,” First Edition 2005-06 (IEC Standard 62301 (First Edition)). In addition, those amendments adopted in the DOE test procedure definitions of modes based on the relevant provisions from the IEC Standard 62301 Second Edition, Final Draft International Standard (IEC Standard 62301 (FDIS)), as well as language to clarify application of these provisions for measuring standby mode and off mode power consumption in microwave ovens. Just prior to publication of the interim final rule, the IEC replaced the First Edition of this standard with the current Second Edition. This supplemental notice of proposed rulemaking proposes to incorporate the latest edition of IEC Standard 62301.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending certain emergency preparedness (EP) requirements in its regulations that govern domestic licensing of production and utilization facilities. The final rule adds a conforming provision in the regulations that govern licenses, certifications, and approvals for new nuclear power plants. The final rule codifies certain voluntary protective measures contained in NRC Bulletin 2005-02, “Emergency Preparedness and Response Actions for Security-Based Events,” and generically applicable requirements similar to those previously imposed by Commission orders. In addition, the final rule amends other licensee emergency plan requirements based on a comprehensive review of the NRC's EP regulations and guidance. The requirements enhance the ability of licensees in preparing to take and taking certain EP and protective measures in the event of a radiological emergency; address, in part, security issues identified after the terrorist events of September 11, 2001; clarify regulations to effect consistent emergency plan implementation among licensees; and modify certain EP requirements to be more effective and efficient.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to make miscellaneous administrative changes, including updating the street address for its Region IV office and correcting an authority citation and typographical and spelling errors, and other edits and conforming changes. This document is necessary to inform the public of these changes to the NRC's regulations.
The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential direct heating equipment. In this final rule, the U.S. Department of Energy (DOE) is amending its definitions pertaining to direct heating equipment. Specifically, through this final rule, DOE is amending the definition of “vented hearth heater,” a type of direct heating equipment, to clarify the scope of the current exclusion for those vented hearth heaters that are primarily decorative hearth products. The amendment to the existing exclusion shifts the focus from a maximum input capacity limitation ( i.e., 9,000 Btu/h) to a number of other factors, including the absence of a standing pilot light or other continuously-burning ignition source. DOE has concluded that these amendments would result in increased energy savings overall, as well as for the types of units under the exclusion.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its spent fuel storage regulations by revising the NAC International, Inc. (NAC) MAGNASTOR ® System listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 2 to Certificate of Compliance (CoC) Number 1031. Amendment No. 2 will revise: Technical Specification (TS) 3.3.2 to reduce the transportable storage canister removable surface contamination limits; TS 4.1.1 to add various boron-10 areal densities for use with Pressurized Water Reactor and Boiling Water Reactor baskets and to replace the fuel tube orthogonal pitch with the minimum fuel tube outer diagonal dimension; Table 2.1-2, “ASME Code Alternatives for MAGNASTOR ® components,” of the Final Safety Analysis Report to correct the code reference; and Appendices A and B of the TSs to make editorial corrections.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its spent fuel storage cask regulations by revising the NAC International, Inc. (NAC) MAGNASTOR® System listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 2 to Certificate of Compliance (CoC) Number 1031. Amendment No. 2 will revise: Technical Specification (TS) 3.3.2 to reduce the transportable storage canister removable surface contamination limits; TS 4.1.1 to add various boron-10 areal densities for use with Pressurized Water Reactor and Boiling Water Reactor baskets and to replace the fuel tube orthogonal pitch with the minimum fuel tube outer diagonal dimension; Table 2.1-2, “ASME Code Alternatives for MAGNASTOR® components,” of the Final Safety Analysis Report to correct the code reference; and Appendices A and B of the TSs to make editorial corrections.
This document announces an open meeting of two Negotiated Rulemaking Working Groups; one concerning Liquid Immersed and Medium-Voltage Dry-Type and the second addressing Low-Voltage Dry-Type Distribution Transformers. The Liquid Immersed and Medium-Voltage Dry-Type Group (MV Group) and the Low-Voltage Dry-Type Group (LV Group) are working groups within the Appliance Standards Subcommittee of the Efficiency and Renewables Advisory Committee (ERAC). The purpose of the MV and LV Groups is to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of distribution transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a).
The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including fluorescent lamp ballasts. EPCA also requires the U.S. Department of Energy (DOE) to determine whether any new or amended standards would be technologically feasible and economically justified, and would save a significant amount of energy. In this final rule, DOE adopts new and amended federal energy conservation standards for fluorescent lamp ballasts. It has determined that the new and amended energy conservation standards for these products would result in significant conservation of energy, and are technologically feasible and economically justified.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has received 15 petitions for rulemaking (PRMs), each dated August 10, August 11, or August 12, 2011, from the multiple petitioners listed in Section I, Procedural Processing, of this document. The petitioners request that the NRC rescind its regulations that allow generic conclusions about the environmental impacts of severe reactor and spent fuel pool accidents and its regulations that preclude considerations of those issues in individual licensing proceedings. The petitioners also request the NRC to suspend multiple ongoing licensing proceedings while the NRC considers these petitions and the environmental issues raised in the Fukushima Task Force Report. The NRC is not instituting a public comment period for these PRMs at this time.
In this supplemental notice of proposed rulemaking (SNOPR), the U.S. Department of Energy (DOE) proposes to revise its test procedure for residential clothes washers established under the Energy Policy and Conservation Act (EPCA). DOE proposes to amend the definition of the energy test cycle to provide further clarity to ensure that the test procedure is representative of consumer behavior and repeatable among different test laboratories. This proposal incorporates suggestions received from interested parties in response to the September 21, 2010 notice of proposed rulemaking (NOPR) and the August 9, 2011 SNOPR.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to implement the 2010 “Agreement between the Government of Australia and the Government of the United States of America Concerning Peaceful Uses of Nuclear Energy” (the Agreement). The Agreement prohibits the United States from using Australian-obligated nuclear material to produce tritium for use in a nuclear explosive device, or for any other “military purpose” as defined in the Agreement. The Agreement's definition of military purpose states that it includes “depleted uranium munitions, and other direct military non-nuclear applications, as mutually determined by the Parties.” The amendments in this final rule help enable the U.S. Government to meet its Agreement obligations with the Government of Australia.
This final rule reinstates in Department of Energy (DOE) regulations the energy and water conservation standards required by the Energy Policy Act of 2005 (EPACT 2005) for commercial clothes washers (CCWs) until January 1, 2013. In the final rule establishing amended standards for CCW, published in the Federal Register on Friday, January 8, 2010 (75 FR 1122) and applicable as of January 1, 2013, DOE erroneously deleted reference to these EPACT 2005 standards.
The U.S. Department of Energy (DOE) has preliminarily determined that residential refrigeration products that do not incorporate a compressor qualify as covered products under Part B of Title III of the Energy Policy and Conservation Act (EPCA), as amended. DOE reached this preliminary conclusion because classifying products of such type as covered products is necessary or appropriate to carry out the purposes of EPCA, and the average U.S. household energy use for such products, ( e.g., thermoelectric wine chillers) is likely to exceed the 100 kilowatt-hour (kWh) per year threshold required for coverage.
Pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act (the Act), the Department of Energy (DOE) has reviewed DOE regulations that require the use of an assessment of the credit-worthiness of a security or money market instrument. DOE has identified regulatory provisions that may be subject to the Act's requirement to remove any references to or requirements in such regulations regarding credit ratings. The regulations DOE identified are regulations implementing the loan guarantee program created by Title XVII of the Energy Policy Act of 2005 and regulations implementing the standby support program for certain nuclear plant delays promulgated pursuant to section 638 of the Energy Policy Act of 2005. DOE provided a report of its review to Congress as required by the Act and, as a result of this review, proposes to modify these regulatory provisions to remove provisions that would require applicants or sponsors to provide a credit rating or other credit assessment to DOE.
The U.S. Department of Energy (DOE) published a direct final rule to establish amended energy conservation standards for residential furnaces and residential central air conditioners and heat pumps in the Federal Register on June 27, 2011. DOE has determined that the adverse comments received in response to the direct final rule do not provide a reasonable basis for withdrawing the direct final rule. Therefore, DOE provides this notice confirming adoption of the energy conservation standards for residential furnaces and residential central air conditioners and heat pumps established in the direct final rule and announcing the effective date of those standards.
DOE today proposes a rule pursuant to the Energy Independence and Security Act of 2007 (EISA), that would revise the allocation of marketable credits under DOE's Alternative Fuel Transportation Program (AFTP or Program), by including EISA-specified electric drive vehicles and investments in qualified alternative fuel infrastructure, nonroad equipment, and relevant emerging technologies. DOE also is proposing modifications to the use of Program credits, revisions to the exemption process, clarifications of the Alternative Compliance option, and several technical and other amendments intended to make the Program regulations clearer.
The U.S. Department of Energy (DOE or the Department) proposed amendments to the DOE test procedure for residential central air conditioners and heat pumps in a June 2010 notice of proposed rulemaking (June 2010 NOPR) and in an April 2011 supplemental notice of proposed rulemaking (April 2011 SNOPR). The amendments proposed in this subsequent SNOPR would change the off-mode laboratory test steps and calculation algorithm to determine off-mode power consumption for residential central air conditioners and heat pumps. DOE welcomes written comments from the public on any subject within the scope of this test procedure rulemaking for addressing the off-mode energy consumption of residential central air conditioners and heat pumps.
The U.S. Department of Energy (DOE) has initiated a test procedure rulemaking to develop active mode testing methodologies for residential microwave ovens. DOE specifically is seeking information, data, and comments regarding representative and repeatable methods for measuring the energy use of microwave-only ovens and combination microwave ovens, including: Food loads representative of consumer use; the repeatability of energy use measurements using different food loads; and consumer usage data on the hours of operation in active mode, standby mode, and off mode for the development of an integrated energy use metric.
On September 14, 2011, DOE published a notice of public meeting and availability of the framework document on general service fluorescent lamps and incandescent reflector lamps energy conservation standards in the Federal Register . This notice announces that the period for submitting comments on the framework document is extended to November 28, 2011.
On September 7, 2011, DOE published its proposal to amend its regulations concerning unclassified assistance to foreign atomic energy activities. Today, DOE announces its intention to hold one informational Webinar on the proposed amendment to the regulations. Additionally, by this notice DOE is extending by 30 days the deadline for public comment.
This document clarifies the compliance date by which manufacturers must begin to use portions of a recently promulgated test procedure ( i.e., the April 15, 2011 final rule) when certifying walk-in coolers and walk-in freezers. This document also adopts regulatory text changes to reflect the U.S. Department of Energy's (DOE) intent that only manufacturers of components of walk-in coolers and walk-in freezers are required to submit certification reports. Additionally, the final rule clarifies the types of test data needed to support the certification of compliance pursuant to DOE's existing test procedures for walk-in coolers and walk-in freezers and the recently promulgated test procedure for this equipment. Finally, DOE is adopting an extension to the compliance date for which manufacturers, including importers, need to certify compliance to the Department of metal halide lamp ballasts and fixtures.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is issuing a new regulatory guide, (RG) 1.221, “Design-Basis Hurricane and Hurricane Missiles for Nuclear Power Plants.” This regulatory guide provides licensees and applicants with new guidance that the staff of the NRC considers acceptable for use in selecting the design-basis hurricane and design-basis hurricane-generated missiles that a nuclear power plant should be designed to withstand to prevent undue risk to the health and safety of the public.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is requesting comments on Draft NUREG-1022, Revision 3, “Event Reporting Guidelines: 10 CFR 50.72 and 50.73”. The NUREG-1022 contains guidelines that the NRC staff considers acceptable for use in meeting the event reporting requirements for operating nuclear power reactors. Revision 3 to NUREG-1022 incorporates revisions to the guidelines for the purpose of clarification.
The U.S. Department of Energy (DOE or the Department) is revising its National Environmental Policy Act (NEPA) Implementing Procedures. The majority of the changes are being made to the categorical exclusion provisions. These revisions are intended to better align the Department's regulations, particularly its categorical exclusions, with DOE's current activities and recent experiences, and to update the provisions with respect to current technologies and regulatory requirements. DOE is establishing 20 new categorical exclusions and removing two categorical exclusion categories, one environmental assessment category, and three environmental impact statement categories. Other changes modify and clarify DOE's existing provisions.
Through this Request for Information (RFI), the U.S. Department of Energy (DOE) is initiating a rulemaking and data collection process to consider amendments to DOE's test procedures for residential water heaters, direct heating equipment, and pool heaters. This rulemaking is intended to fulfill DOE's statutory obligation to review its test procedures for covered products at least once every seven years. To inform interested parties and to facilitate the process, DOE has gathered data and has identified several issues that might warrant modifications to the current applicable test procedures, including topics on which DOE is particularly interested in receiving comment. In overview, the issues outlined in this document mainly concern the scope, draw patterns, and test conditions for residential water heaters, possible clarifications and improvement of the direct heating equipment test procedures as applied to vented hearth heaters, and coverage of electric pool heaters. Additionally, this RFI briefly discusses and seeks input on certain potential changes to the test procedures for these products that DOE anticipates may be included in a subsequent notice of proposed rulemaking (NOPR). DOE welcomes written comments from the public on any subject related to the test procedures for residential heating products (including topics not specifically raised in this RFI).
On September 8, 2011, the Department of Energy received a joint petition submitted by the Association of Home Appliance Manufacturers and the Appliance Standards Awareness Project, on behalf of a number of named parties requesting that the clothes dryer test procedure be amended to address the effectiveness of automatic termination controls such as moisture and temperature sensor controls. Public comment is requested on whether DOE should grant the petition and consider the proposal contained in the petition.
This notice corrects the ADDRESSES section of the notice of proposed rulemaking (NOPR) which published in the Federal Register on September 13, 2011, regarding the Energy Conservation Program for Consumer Products: Test Procedures for Residential Furnaces and Boilers. This correction provides the appropriate E-mail address whereby interested parties may submit comments.
The U.S. Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt of a petition for rulemaking (PRM), dated May 5, 2011, and supplemented on August 3, 2011, which was filed with the NRC by Cheri Swensson (the petitioner), on behalf of the American Academy of Health Care Providers in the Addictive Disorders (the Academy). The petition was docketed by the NRC on September 9, 2011, and has been assigned Docket No. PRM-26-7. The petitioner requests that the NRC amend its regulations to include the Academy as one of the organizations authorized to certify a substance abuse expert.
This document announces an open meeting of two Negotiated Rulemaking Working Groups; one concerning Liquid Immersed and Medium-Voltage Dry-Type Distribution Transformers and the second addressing Low-Voltage Dry-Type Distribution Transformers. The Liquid Immersed and Medium-Voltage Dry-Type Group (MV Group) and the Low-Voltage Dry-Type Group (LV Group) are working groups within the Appliance Standards Subcommittee of the Efficiency and Renewables Advisory Committee (ERAC). The purpose of the MV and LV Groups is to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of distribution transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a).
This final rule provides a new means for manufacturers of electric motors and their private labelers to prepare and submit Compliance Certification information to the Department of Energy (DOE or the “Department”) through an electronic Web-based tool, the Compliance and Certification Management System (CCMS). The CCMS is the preferred mechanism for submitting Compliance Certification information for electric motors covered under the Energy Policy and Conservation Act (EPCA), as amended. This rule is also being issued to correct the sample Compliance Certification form currently located in Appendix C to Subpart B of 10 CFR Part 431 to be consistent with the Energy Independence and Security Act of 2007 (EISA 2007) energy conservation standards. Additionally, this rule updates the address and contact information used to submit Compliance Certification information through certified mail to DOE.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) has received six petitions for rulemaking (PRM), dated July 26, 2011, from the Natural Resources Defense Council, Inc. (NRDC or the petitioner). The petitioner requests that the NRC amend its regulations to require emergency preparedness (EP) enhancements for prolonged station blackouts; EP enhancements for multiunit events; licensees to confirm seismic hazards and flooding hazards every 10 years and address any new and significant information; licensees to improve spent nuclear fuel pool safety; each operating and new reactor licensee to establish station blackout mitigation strategies and resources; and more realistic, hands-on training and exercises on Severe Accident Mitigation [sic] Guidelines and Extreme Damage Mitigation Guidelines for specified licensee staff. The NRC is not instituting a public comment period for these PRMs at this time.
Where appropriate, the U.S. Department of Energy (DOE) has proposed to amend its test procedures for residential dishwashers, dehumidifiers, and conventional cooking products (which includes cooktops, ovens, and ranges) to include provisions for measuring standby mode and off mode energy consumption, as required by the Energy Independence and Security Act of 2007 (EISA 2007). These test procedure amendments would incorporate by reference certain provisions of the International Electrotechnical Commission (IEC) Standard 62301, “Household electrical appliances—Measurement of standby power.” Since publication of DOE's initial proposal in December 2010, the IEC has replaced the First Edition of this standard with the current Second Edition. This supplemental notice of proposed rulemaking proposes to incorporate the latest edition of IEC Standard 62301.
The U.S. Department of Energy (DOE) is publishing this technical amendment to exclude external power supplies used in specific applications from certain energy conservation standards prescribed under the Energy Policy and Conservation Act (EPCA). Congress enacted this exclusion, which applies to external power supplies used either in security or life safety alarms or surveillance system components, earlier this year. DOE is also modifying its current certification requirements to make them consistent with this change.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations by revising the provisions applicable to the licensing and approval processes for byproduct, source and special nuclear materials licenses, and irradiators. The changes will clarify the definitions of “construction” and “commencement of construction” with respect to materials licensing actions conducted under the NRC's regulations. The NRC is adopting these changes to further improve the effectiveness and efficiency of the licensing and approval processes for future materials license applications, as well as to eliminate certain inconsistencies that currently exist within the NRC's regulations with respect to the use and definition of the terms “construction” or “commencement of construction” for certain materials licensees for purposes of its environmental reviews.
On July 8, 2011, the U.S. Nuclear Regulatory Commission (NRC) published a draft Regulatory Issue Summary (RIS) pertaining to NRC regulation of military operational Radium-226 for a 60-day public comment period that ended on September 6, 2011. The NRC has decided to reopen the comment period for an additional 75 days.
This document announces an open meeting of the Negotiated Rulemaking Working Group for Low-Voltage Dry-Type Distribution Transformers (hereafter “LV Group”). The LV Group is a working group within the Appliance Standards Subcommittee of the Efficiency and Renewables Advisory Committee (ERAC). The purpose of the LV Group is to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of distribution transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a). A separate Working Group on Liquid-Immersed and Medium-Voltage Dry Type Distribution Transformers is being convened to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of medium-voltage and liquid-immersed transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a) [FR Doc. 2011-19263].
The Energy Policy and Conservation Act (EPCA) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, including refrigerators, refrigerator-freezers, and freezers. EPCA also requires the U.S. Department of Energy (DOE) to determine if more stringent, amended standards for these products are technologically feasible and economically justified, and would save a significant amount of energy. In this final rule, DOE is adopting more stringent energy conservation standards for refrigerators, refrigerator-freezers, and freezers. It has determined that the amended energy conservation standards for these products would result in the significant conservation of energy and are technologically feasible and economically justified.
This document announces a limited reopening of the comment period for interested parties seeking to submit comments on the December 16, 2011 interim final rule to amend the test procedures for residential refrigerators, refrigerator-freezers, and freezers that will apply to products that are manufactured starting in 2014. The comment period is extended until October 17, 2011.
The U.S. Department of Energy (DOE) is proposing to revise its test procedures for general service fluorescent lamps (GSFLs) and general service incandescent lamps (GSILs) established under the Energy Policy and Conservation Act (EPCA). DOE is not proposing changes to the existing test procedure for incandescent reflector lamps (IRLs) established under EPCA. For GSFLs and GSILs, DOE is proposing to update several citations and references to the industry standards currently referenced in DOE's test procedures. DOE is also proposing to establish a lamp lifetime test procedure for GSILs. Additionally, in this NOPR, DOE is requesting comments on all aspects of the GSFL, GSIL, and IRL test procedures and whether any further amendments are necessary. DOE's review of the GSFL, GSIL, and IRL test procedures fulfills the EPCA requirement that DOE review test procedures for all covered products at least once every seven years. Finally, DOE is proposing to extend the compliance certification date for GSILs so as to be consistent with the compliance date of the amended test procedure. DOE is also announcing a public meeting to discuss and receive comments on the issues presented in this rulemaking.
The U.S. Department of Energy (DOE or the Department) is initiating the rulemaking and data collection process to consider establishing amended energy conservation standards for certain general service fluorescent lamps (GSFLs) and incandescent reflector lamps (IRLs). Accordingly, DOE will hold a public meeting to discuss and receive comments on its planned analytical approach and the issues it will address in this rulemaking proceeding. DOE welcomes written comments from the public on this rulemaking. To inform stakeholders and to facilitate this process, DOE has prepared a framework document which details the analytical approach and identifies several issues on which DOE is particularly interested in receiving comment. The framework document is posted at: http://www.eere.energy.gov/buildings/appliance_standards/residential/incandescent_lamps.html.
In an earlier final rule, the U.S. Department of Energy (DOE) prescribed amendments to its test procedures for residential furnaces and boilers to include provisions for measuring the standby mode and off mode energy consumption of those products, as required by the Energy Independence and Security Act of 2007. These test procedure amendments are primarily based on provisions incorporated by reference from the International Electrotechnical Commission (IEC) Standard 62301 (First Edition), “Household electrical appliances—Measurement of standby power.” This document proposes to further update the DOE test procedure through incorporation by reference of the latest edition of the industry standard, specifically IEC Standard 62301 (Second Edition). The new version of this IEC standard includes a number of methodological changes designed to increase accuracy while reducing testing burden. DOE's review suggests that this document represents an improvement over the prior version, so DOE has decided to exercise its discretion to consider the revised IEC standard. DOE is also announcing a public meeting to discuss and receive comments on the issues presented in this rulemaking.
On August 30, 2010, the U.S. Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) in which DOE proposed to amend, where appropriate, its test procedures for residential water heaters, direct heating equipment, and pool heaters to include provisions for measuring standby mode and off mode energy consumption, as required by the Energy Independence and Security Act of 2007 (EISA 2007). (DOE notes that the test procedure and metric for residential water heaters currently address and incorporate standby mode and off mode energy consumption, so DOE has tentatively concluded that no related amendments are required for those products.). These proposed test procedure amendments are primarily based on provisions of the International Electrotechnical Commission (IEC) Standard 62301, “Household electrical appliances—Measurement of standby power,” that DOE would incorporate by reference into its regulations. The NOPR relied upon IEC Standard 62301 (First Edition 2005-06), which was the most current version at the time. However, the IEC recently adopted a new version of its standard which includes a number of methodological changes designed to increase accuracy while reducing testing burden. DOE's review suggests that this document represents an improvement over the prior version. Accordingly, today's supplemental notice of proposed rulemaking (SNOPR) proposes to incorporate the latest edition of that standard—IEC Standard 62301 (Second Edition 2011).
The U.S. Nuclear Regulatory Commission (NRC or the Commission) plans to hold public meetings on September 20, 2011, in Lisle, Illinois, and on September 22, 2011, in Mansfield, Massachusetts, to solicit information on impacts to manufacturers and distributors and end-users of generally licensed devices from revising the compatibility categories of Title 10 of the Code of Federal Regulations (10 CFR) 31.5 and 31.6 from “B” to “C.” In addition to providing information on impacts at the public meetings, information on the issues raised in this document may be submitted to the NRC at any time through the end of the comment period.
This notice announces that the period for submitting comments on the notice of proposed rulemaking for direct heating equipment is extended to October 14, 2011.
This document announces that the period for submitting comments on the request for information on “smart” appliances is extended to September 30, 2011. DOE seeks information and comments related to the analytical treatment of “smart” appliances in the development of DOE's energy conservation standards, as well as in test procedures used to demonstrate compliance with DOE's standards and qualification as an ENERGY STAR product.
This document announces an open meeting of the Negotiated Rulemaking Working Group for Liquid-Immersed and Medium-Voltage Dry Type Transformers (hereafter “MV Group”). The MV Group is a working group within the Appliance Standards Subcommittee of the Efficiency and Renewables Advisory Committee (ERAC). The purpose of the MV Group is to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of distribution transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a). A separate Working Group on Low-Voltage Dry Type Transformers is being convened to discuss and, if possible, reach consensus on a proposed rule for regulating the energy efficiency of low-voltage transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a) [76 FR 50148].
The Department of Energy received a petition from the National Electrical Manufacturers Association requesting the initiation of a rulemaking to exclude from coverage under Energy Policy and Conservation Act standards 120 volt, 100 watt, R20 short (having a maximum overall length of 3 5/8 or 3.625 inches) incandescent reflector lamps marketed for use in hot tub spas. DOE published this petition and a request for comments in the Federal Register on December 23, 2010. Based upon its evaluation of the petition and careful consideration of the public comments, DOE has decided to grant this petition for rulemaking. DOE seeks comments that will inform its rulemaking to determine whether 120 volt, 100 watt, R20 short incandescent reflector lamps should be excluded from energy conservation standards.
DOE proposes to amend its regulation concerning unclassified assistance to foreign atomic energy activities. This regulation provides that persons subject to the jurisdiction of the United States who engage directly or indirectly in the production of special nuclear material outside the United States must be authorized to do so by the Secretary of Energy (Secretary). The proposed revisions update and clarify several provisions in the current regulation, and identify information applicants are required to submit in support of applications for an authorization under this part. The revisions are intended to reduce uncertainties for industry users concerning which foreign nuclear-related activities by U.S. persons are “generally authorized” under the regulation and which activities require a “specific authorization” from the Secretary. In this regard, one proposed organizational change is the listing of countries and territories for which a general authorization for foreign atomic energy activities is available. This proposed change contrasts with the current regulation, which lists those countries for which a specific authorization to conduct such activities is required. Unclassified nuclear activities are generally authorized with respect to these listed countries if they do not involve “sensitive nuclear technology” as defined in the regulation. Conversely, the proposed revised regulation specifically identifies those assistance activities and technologies under DOE's jurisdiction, the export of which requires a specific authorization from the Secretary. Additionally, DOE is proposing to add regulations to address “deemed exports.” Companies seeking to employ foreign nationals in positions involving a proposed transfer of technology are provided information on the documentation required to be submitted to request specific authorization for those transfers. Finally, DOE proposes to update its regulations in this area to reflect terminological and other changes in nuclear technology since the last major update in 1986. Finally, points of contact references have been updated to reflect the current DOE organizational structure.
In a direct final rule published on April 21, 2011, the U.S. Department of Energy (DOE) adopted amended energy conservation standards for residential clothes dryers and room air conditioners. As required by the Energy Policy and Conservation Act (EPCA), DOE also published simultaneously a notice of proposed rulemaking (NOPR) that proposed identical energy efficiency standards. The standards set forth in the direct final rule and NOPR were identical to the standards provided in the consensus agreement that served as the basis for those rulemaking actions. The consensus agreement also provided specific compliance dates for both products. In the direct final rule and NOPR, however, DOE provided for a compliance date 3 years after the date of publication in the Federal Register , or April 21, 2014. As such, the compliance date of the direct final rule and NOPR did not correspond with the consensus agreement. DOE now amends the compliance dates set forth in the direct final rule and corresponding NOPR to be consistent with the compliance dates set out in the consensus agreement. Elsewhere in today's Federal Register , DOE also published a document confirming adoption of the standards set forth in the direct final rule and confirming the effective date of the direct final rule.
DOE published a direct final rule to establish amended energy conservation standards for residential clothes dryers and room air conditioners in the Federal Register on April 21, 2011. DOE has determined that the adverse comments received in response to the direct final rule do not provide a reasonable basis for withdrawing the direct final rule. Therefore, DOE provides this document confirming adoption of the energy conservation standards established in the direct final rule and announcing the effective date of those standards. DOE also published a proposed rule to amend the compliance dates set forth in the direct final rule on May 9, 2011. Elsewhere in today's Federal Register , DOE publishes a final rule which adopts the compliance dates set forth in its proposed rule published on May 9, 2011.
On April 11, 2011, the U.S. Department of Energy (DOE) published a notice of proposed rulemaking (NOPR) proposing new and amended standards for fluorescent lamp ballasts (ballasts) pursuant to the Energy Policy and Conservation Act of 1975 (EPCA). During the subsequent public meeting and in written comments, stakeholders provided additional data and raised concerns regarding the test data DOE used in support of the NOPR and DOE's approach to accounting for measurement variation and compliance certification requirements. In response to several of those comments, DOE conducted additional testing and is publishing this notice to: announce the availability of additional data provided by the National Electrical Manufacturers Association (NEMA) and additional DOE test data; address the differences between the DOE test data and the data submitted by NEMA; describe the methodological changes DOE is considering based on the additional data and present efficiency levels developed using the revised methodology and all available test data; and request public comment on the updated analyses, as well as the submission of data and other relevant information.
In its effort to adopt several National Academy of Sciences (the Academy) recommendations, the U.S. Department of Energy (DOE) intends to modify the methods it uses to estimate the likely impacts of energy conservation standards for covered products on energy use and emissions and will work to expand the energy use and emissions information made available to consumers. Specifically, DOE intends to use full-fuel-cycle (FFC) measures of energy use and emissions, rather than the primary (or site) energy measures it currently uses. Additionally, DOE intends to work collaboratively with the Federal Trade Commission (FTC) to make readily available to consumers information on the FFC energy and greenhouse gas (GHG) emissions of specific products to enable consumers to make cross-class comparisons of product energy use and emissions.
The U.S. Department of Energy (DOE) has initiated a test procedure rulemaking for residential clothes dryers to further investigate the effects of automatic cycle termination on the energy efficiency. DOE specifically is seeking information, data, and comments regarding methods for more accurately measuring the effects of automatic cycle termination in the residential clothes dryer test procedure. DOE will address the issues surrounding testing of automatic cycle termination sensors in this rulemaking prior to the compliance date of amended energy conservation standards recently adopted for residential clothes dryers. To the extent required by the statute, DOE will also address any potential impacts on the amended energy conservation standards resulting from these test procedure amendments during the rulemaking process.
The U.S. Department of Energy (DOE or the Department) is giving notice that it intends to establish a negotiated rulemaking subcommittee under ERAC in accordance with the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to negotiate proposed Federal standards for the energy efficiency of low-voltage dry-type distribution transformers. The purpose of the subcommittee will be to discuss and, if possible, reach consensus on a proposed rule for the energy efficiency of distribution transformers, as authorized by the Energy Policy Conservation Act (EPCA) of 1975, as amended. The subcommittee will consist of representatives of parties having a defined stake in the outcome of the proposed standards, and will consult as appropriate with a range of experts on technical issues.
The U.S. Department of Energy (DOE) is publishing this final rule to implement provisions in the Energy Conservation and Production Act (ECPA) that require DOE to update the baseline Federal energy efficiency performance standards for the construction of new Federal buildings, including commercial and multi-family high-rise residential buildings and low-rise residential buildings. This rule updates the baseline Federal commercial standard to the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE) Standard 90.1-2007. This rule also updates the baseline Federal residential standard to the 2009 International Energy Conservation Code (IECC).
This document clarifies the compliance date by which manufacturers must begin to use portions of a recently promulgated test procedure (i.e., the April 15, 2011 final rule) when certifying walk-in coolers and walk-in freezers. This document also proposes regulatory text changes to reflect U.S. Department of Energy's (DOE) intent that only manufacturers of components of walk-in coolers and walk-in freezers are required to submit certification reports. Additionally, the NOPR proposes clarifications as to the types of test data needed to support the certification of compliance per DOE's existing test procedures for walk-in coolers and walk-in freezers and the recently promulgated test procedure for this equipment. Finally, this document proposes to extend the compliance date for certification of metal halide lamp ballasts and fixtures.
In this supplemental notice of proposed rulemaking (SNOPR), the U.S. Department of Energy (DOE) proposes to revise its test procedure for residential clothes washers established under the Energy Policy and Conservation Act (EPCA). DOE proposes to incorporate provisions of the International Electrotechnical Commission (IEC) Standard 62301, “Household electrical appliances—Measurement of standby power” (Second Edition). DOE also proposes to update the provisions for measuring active mode energy and water consumption.
The U.S. Department of Energy (DOE) seeks information and comments related to the analytical treatment of “smart” appliances in the development of DOE's energy conservation standards, as well as in test procedures used to demonstrate compliance with DOE's standards and qualification as an ENERGY STAR product.
The U.S. Nuclear Regulatory Commission (NRC) is correcting a notice appearing in the Federal Register on July 27, 2011 (76 FR 44865), that extended the public comment period and provided a date for a public meeting for the proposed rule, “Domestic Licensing of Source Material—Amendments/Integrated Safety Analysis.” This action is necessary to correct the date of the public meeting in the DATES section, and to correct the Docket ID information for accessing publicly available documents related to the proposed rule and draft guidance document in the ADDRESSES section.
The U.S. Nuclear Regulatory Commission (NRC) has decided to consider in a rulemaking the issues raised in a petition for rulemaking (PRM) submitted by Ms. Mary Riemersma, on behalf of the California Association of Marriage and Family Therapists (the petitioner) (Docket ID PRM-26-4, NRC-2010-0269). The petitioner asked the NRC to amend the regulations at Title 10 of the Code of Federal Regulations (10 CFR) 26.187(b) to add marriage and family therapists as substance abuse experts.
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its Title 10 of the Code of Federal Regulations (10 CFR) Part 40 regulations by adding additional requirements for source material licensees who possess significant quantities of uranium hexafluoride (UF6). The proposed rule and proposed guidance document were published in the Federal Register on May 17, 2011 (76 FR 28336), for public comment and an administrative correction to 76 FR 28336 was published in the Federal Register on June 1, 2011 (76 FR 31507). The Nuclear Energy Institute (NEI), in a letter dated June 21, 2011, requested the NRC to hold a public meeting on the proposed rule and draft guidance document and to extend the public comment period. Based on NEI's request, the NRC will conduct a public meeting on August 17, 2011, to seek public input on the proposed rule and its associated draft guidance document. In addition, the NRC is extending the public comment period for the proposed rule and associated draft guidance document from 75 days to 115 days to allow the public ample opportunity to submit written comments.
The Defense Nuclear Facilities Safety Board is publishing its Freedom of Information Act (FOIA) Fee Schedule Update pursuant to the Board's regulations.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is seeking input from the public, licensees, certificate holders, Agreement States, non-Agreement States, and other stakeholders on whether to conduct further rulemaking to implement the criminal penalty provisions found under Sections 229 and 236 of the Atomic Energy Act of 1954, as amended (AEA). To aid in that process, the NRC is requesting comments on the issues discussed in this document. While the NRC has not initiated a rulemaking on this subject, it is using the conventionally established rulemaking comment channels. Additionally, the NRC will hold a public Webinar to discuss these issues.
The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including direct heating equipment. In this notice, the U.S. Department of Energy (DOE) proposes to amend its definitions pertaining to direct heating equipment. Specifically, DOE is proposing to change to the definition of “vented hearth heater,” a type of direct heating equipment, to clarify the scope of the current exclusion for those vented hearth heaters that are decorative hearth products. The proposed modification to the existing exclusion would shift the focus from the current maximum input capacity limitation ( i.e., 9,000 Btu/h) to a number of other factors, including the absence of a standing pilot light or other continuously burning ignition source. DOE has tentatively concluded that these amendments would result in increased energy savings overall, as well as for the types of units under the exclusion. The notice also announces a public meeting to receive comment on these proposed amendments to the definition for “vented hearth heater” and associated analyses and results.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations governing the fitness for duty of workers at nuclear power plants. These amendments allow holders of nuclear power plant operating licenses the option to use a different method from the one already prescribed in the NRC's regulations for determining when certain nuclear power plant workers must be afforded time off from work to ensure that such workers are not impaired due to cumulative fatigue caused by work schedules.
On June 13, 2011, DOE published a request for information (RFI) in the Federal Register requesting information from interested parties regarding product markets, energy use, test procedures, and energy efficient product designs for commercial and industrial pumps. The comment period closed on July 13, 2011. This document announces an extension of the time period for submitting comments on the RFI for commercial and industrial pumps. The comment period is extended to September 16, 2011.
The U.S. Nuclear Regulatory Commission (Commission or NRC) is seeking input from the public, licensees, Agreement States, non-Agreement States, and other stakeholders on a potential rulemaking to address prompt remediation of residual radioactivity during the operational phase of licensed material sites and nuclear reactors. The NRC has not initiated a rulemaking, but is in the process of gathering information and seeking stakeholder input on this subject for developing a technical basis document. To aid in this process, the NRC is requesting comments on the issues discussed in Section III, “Specific Questions,” in the Supplementary Information Section of this document. Additionally, the NRC will hold a public Webinar to facilitate the public's and other stakeholders' understanding of these issues and the submission of comments.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is revising its interim Enforcement Policy on enforcement discretion for certain fire protection issues to extend the enforcement discretion to correspond with a submittal schedule for new license amendment requests (LARs). This interim policy affects licensees that are transitioning to use the National Fire Protection Association Standard 805, “Performance-Based Standard for Fire Protection for Light Water Reactor Electric Generating Plants” (NFPA 805).
The U.S. Nuclear Regulatory Commission (NRC) is proposing to issue a RIS that clarifies those discrete sources of radium-226 under military control that are subject to NRC regulation pursuant to the Energy Policy Act of 2005 (EPAct), as interpreted in the policy statement issued by the NRC in the final rule, “Requirements for Expanded Definition of Byproduct Material” (72 FR 55864; October 1, 2007), (hereinafter referred to as the NARM Rule). The clarification defines with greater specificity the term “military operations” as it is used to delineate that naturally-occurring and accelerator-produced radioactive material (NARM) subject to NRC jurisdiction. The RIS also describes acceptable regulatory approaches to adequately implement NRC's regulatory requirements for contamination and items and equipment containing NARM, and outlines a general plan of implementation for use with the military services. The NRC is seeking comment from interested parties on the clarity and utility of the proposed RIS.
This document announces that the period for submitting comments on the proposed determination for set-top boxes and network equipment is extended to September 30, 2011.
This document corrects the preamble to a direct final rule (DFR) which was published in the Federal Register on June 27, 2011, regarding the Energy Conservation Program: Energy Conservation Standards for Residential Furnaces and Residential Central Air Conditioners and Heat Pumps. This correction revises the DFR's discussion of review under the Regulatory Flexibility Act (RFA) in section V, “Procedural Issues and Regulatory Review.”
The Department of Energy (DOE or the Department) is issuing Technical Standard DOE-STD-1095-2011, Department of Energy Laboratory Accreditation for External Dosimetr y, January 2011. This standard provides updated technical criteria for performance testing for, and provides a requirement for onsite quality assurance assessments of, whole body and extremity dosimetry programs in use at DOE sites. The testing and assessment results are used, in part, to determine whether to accredit dosimetry programs in accordance with the DOE Laboratory Accreditation Program (DOELAP). The effective date for the new Technical Standard is April 1, 2011.
The U.S. Department of Energy (DOE or the “Department”) is adopting amendments to the compliance dates for manufacturers to submit certification reports for the certification provisions for commercial refrigeration equipment; commercial heating, ventilating, air-conditioning (HVAC) equipment; commercial water heating (WH) equipment; and automatic commercial ice makers, which are covered under the Energy Policy and Conservation Act of 1975, as amended (EPCA or the “Act”). Manufacturers of these products will be required to submit certification reports no later than December 31, 2012.
The U.S. Department of Energy (DOE) proposes to determine that commercial and industrial fans, blowers, and fume hoods meet the criteria for covered equipment under Part A-1 of Title III of the Energy Policy and Conservation Act (EPCA), as amended. DOE proposes that classifying equipment of such type as covered equipment is necessary to carry out the purpose of Part A-1 of EPCA, which is to improve the efficiency of electric motors and pumps and certain other industrial equipment to conserve the energy resources of the nation.
The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential furnaces and residential central air conditioners and heat pumps. EPCA also requires the U.S. Department of Energy (DOE) to determine whether more-stringent, amended standards for these products would be technologically feasible and economically justified, and would save a significant amount of energy. In this direct final rule, DOE adopts amended energy conservation standards for residential furnaces and for residential central air conditioners and heat pumps. A notice of proposed rulemaking that proposes identical energy efficiency standards is published elsewhere in this issue of the Federal Register . If DOE receives adverse comment and determines that such comment may provide a reasonable basis for withdrawing the direct final rule, this final rule will be withdrawn, and DOE will proceed with the proposed rule.
The Energy Policy and Conservation Act of 1975 (EPCA), as amended, prescribes energy conservation standards for various consumer products and certain commercial and industrial equipment, including residential furnaces and residential central air conditioners and heat pumps. EPCA also requires the U.S. Department of Energy (DOE) to determine whether more-stringent, amended standards for these products would be technologically feasible and economically justified, and would save a significant amount of energy. In this notice, DOE proposes energy conservation standards for residential furnaces and for residential central air conditioners and heat pumps identical to those set forth in a direct final rule published elsewhere in today's Federal Register . If DOE receives adverse comment and determines that such comment may provide a reasonable basis for withdrawing the direct final rule, DOE will publish a notice withdrawing the direct final rule and will proceed with this proposed rule.
The U.S. Nuclear Regulatory Commission (NRC) is publishing for comment a notice of receipt of a petition for rulemaking, dated April 18, 2011, which was filed with the NRC by Annette User on behalf of GE Osmonics, Inc (the petitioner). The petition was docketed by the NRC on April 20, 2011, and has been assigned Docket No. PRM-30-65. The petitioner requests that the NRC amend its regulations regarding the commercial distribution of byproduct material to allow recipients of exempt quantities of polymer (polycarbonate or polyester) track etch (PCTE) membranes that have been irradiated with mixed fission products (MFP) to commercially redistribute the material without a license.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending 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 the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2011, not including amounts appropriated from the Nuclear Waste Fund (NWF), amounts appropriated for Waste Incidental to Reprocessing (WIR), and amounts appropriated for generic homeland security activities. Based on the Department of Defense and Full-Year Continuing Appropriations Act, 2011, signed by the President on April 15, 2011, the NRC's required fee recovery amount for the FY 2011 budget is approximately $915.8 million. After accounting for billing adjustments, the total amount to be billed as fees is approximately $916.2 million.
The NRC is amending its regulations to incorporate by reference the 2005 Addenda (July 1, 2005) and 2006 Addenda (July 1, 2006) to the 2004 ASME Boiler and Pressure Vessel Code, Section III, Division 1; 2007 ASME Boiler and Pressure Vessel Code, Section III, Division 1, 2007 Edition (July 1, 2007), with 2008a Addenda (July 1, 2008); 2005 Addenda (July 1, 2005) and 2006 Addenda (July 1, 2006) to the 2004 ASME Boiler and Pressure Vessel Code, Section XI, Division 1; 2007 ASME Boiler and Pressure Vessel Code, Section XI, Division 1, 2007 Edition (July 1, 2007), with 2008a Addenda (July 1, 2008); and 2005 Addenda, ASME OMa Code-2005 (approved July 8, 2005) and 2006 Addenda, ASME OMb Code-2006 (approved July 6, 2006) to the 2004 ASME Code for Operation and Maintenance of Nuclear Power Plants (OM Code). The NRC is also incorporating by reference (with conditions on their use) ASME Boiler and Pressure Vessel Code Case N-722-1, “Additional Examinations for PWR Pressure Retaining Welds in Class 1 Components Fabricated with Alloy 600/82/182 Materials, Section XI, Division 1,” Supplement 8, ASME approval date: January 26, 2009, and ASME Boiler and Pressure Vessel Code Case N-770-1, “Alternative Examination Requirements and Acceptance Standards for Class 1 PWR Piping and Vessel Nozzle Butt Welds Fabricated With UNS N06082 or UNS W86182 Weld Filler Material With or Without Application of Listed Mitigation Activities, Section XI, Division 1,” ASME approval date: December 25, 2009.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to improve decommissioning planning and thereby reduce the likelihood that any current operating facility will become a legacy site. The amended regulations require licensees to conduct their operations to minimize the introduction of residual radioactivity into the site, which includes the site's subsurface soil and groundwater. Licensees also may be required to perform site surveys to determine whether residual radioactivity is present in subsurface areas and to keep records of these surveys with records important for decommissioning. The amended regulations require licensees to report additional details in their decommissioning cost estimate (DCE), eliminate the escrow account and line of credit as approved financial assurance mechanisms, and modify other financial assurance requirements. The amended regulations require decommissioning power reactor licensees to report additional information on the costs of decommissioning and spent fuel management.
The Nuclear Regulatory Commission (NRC) will discuss with affected stakeholders vulnerability and threat information associated with the forthcoming security rulemaking to revise Title 10 of the Code of Federal Regulations (10 CFR) Part 72, “Licensing Requirements for the Independent Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and Reactor-Related Greater Than Class C Waste,” and 73, “Physical Protection of Plants and Materials.” This information will be used to inform the regulatory basis for the rulemaking which will issue new risk-informed and performance-based security regulations for Spent Nuclear Fuel (SNF) and High-Level Radioactive Waste (HLW) storage facilities. The draft regulatory basis was published for comment in the Federal Register (FR) on December 16, 2009 (74 FR 66589). This meeting will be closed under exemptions 3.a and 3.b of the Commission's policy statement 1 , due to the expected discussion of classified information. 1 “Commission's Policy Statement on Enhancing Public Participation in NRC Meetings,” (67 FR 36920), May 28, 2002.
The U.S. Department of Energy (DOE) has determined tentatively that set-top boxes and network equipment qualify as a covered product under Part A of Title III of the Energy Policy and Conservation Act (EPCA), as amended. DOE has determined that set-top boxes and network equipment meet the criteria for covered products because classifying products of such type as covered products is necessary or appropriate to carry out the purposes of EPCA, and the average U.S. household energy use for set-top boxes and network equipment is likely to exceed 100 kilowatt-hours (kWh) per year.
The Energy Policy and Conservation Act as amended (42 U.S.C. 6291 et seq. ) prescribes energy conservation standards for certain commercial and industrial equipment, and requires the Department of Energy (DOE) to administer an energy conservation program for the equipment. In this notice, DOE requests information from interested parties regarding product markets, energy use, test procedures, and energy efficient product designs for commercial and industrial pumps. Additional input and suggestions relevant to this equipment are also welcome.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) plans to conduct a two-day public meeting in Augusta, Georgia, to solicit input on issues associated with the development of a draft regulatory basis document for a potential rulemaking on spent nuclear fuel reprocessing facilities.
This final rule establishes standards and procedures by which the Department of Energy (DOE) may require that certain contracts or orders that promote the national defense be given priority over other contracts or orders. This rule also sets new standards and procedures by which DOE may allocate materials, services and facilities to promote the national defense. DOE is publishing this rule to comply with a requirement of the Defense Production Act Reauthorization of 2009 to publish regulations providing standards and procedures for prioritization of contracts and orders and for allocation of materials, services and facilities to promote the national defense.
The U.S. Nuclear Regulatory Commission (NRC) is confirming the effective date of June 13, 2011, for the direct final rule that was published in the Federal Register on March 28, 2011 (76 FR 17019). This direct final rule amended the NRC's spent fuel storage regulations to add the Holtec HI-STORM Flood/Wind cask system to the “List of Approved Spent Fuel Storage Casks” as Certificate of Compliance Number 1032.
This document corrects another document that was published in the Federal Register on May 20, 2011 (76 FR 29171). That document announces plans to hold public workshops to solicit comments on certain issues under consideration to amend the medical use regulations, provides the date of the first of the two public workshops, and notices the availability of preliminary draft rule language concerning the U.S. Nuclear Regulatory Commission's (NRC) proposed amendments to the medical use regulations. This document is necessary to correct a Regulatory Identifier Number (RIN) that appears in the heading, and to add additional information regarding the availability of the preliminary draft rule language.
This document makes a correction to the regulations pertaining to the test procedure for walk-in coolers and freezers. The correction addresses an erroneous temperature condition for walk-in freezers.
The U.S. Nuclear Regulatory Commission (NRC) is correcting a proposed rule that was published in the Federal Register (FR) on May 17, 2011 (76 FR 28336). The proposed rule announced the availability of a draft regulatory analysis for public comment. This document corrects the NRC's Agencywide Documents Access and Management System (ADAMS) accession number that appeared in Section XI, “Regulatory Analysis.” The correct ADAMS accession number is ML102380243.
The U.S. Department of Energy (DOE) is amending its test procedures for battery chargers and external power supplies. In particular, DOE is inserting a new active mode energy consumption test procedure for battery chargers, which is necessary to develop energy conservation standards for battery chargers as mandated by the Energy Independence and Security Act of 2007 (EISA 2007). DOE is also amending portions of its existing standby and off mode battery charger test procedure by decreasing the required testing time. Further, DOE is amending its active mode single-voltage external power supply test procedure to permit the testing of certain types of external power supplies. Finally, DOE is inserting a new procedure to address multiple-voltage external power supplies, which are not covered under the current single-voltage external power supply test procedure.
This document announces a reopening of the time period for submitting comments on the supplemental notice of proposed rulemaking (SNOPR) to further amend DOE's proposed amendments to its test procedures for residential central air conditioners and heat pumps released in a June 2010 notice of proposed rulemaking (NOPR). The comment period closed on May 2, 2011. The comment period is reopened from May 26, 2011 until June 9, 2011.
The Nuclear Regulatory Commission (NRC) is holding a public meeting on June 1, 2011, to provide an opportunity for the NRC and the public to discuss the proposed enhanced weapons rule, the two draft regulatory guides, and the draft weapons safety assessment documents.
The U.S. Nuclear Regulatory Commission (NRC or Commission) plans to hold a public workshop on June 20-21, 2011, in New York, New York, to solicit comments on certain issues under consideration to amend the medical use regulations, including reporting and notifications of Medical Events (MEs) for permanent implant brachytherapy. The NRC plans to hold a second public workshop on the same subject matter in August 2011 in Houston, Texas. The specific location and dates for the second workshop in Houston are currently being determined. The NRC is also making available for comment preliminary draft rule language concerning the NRC's proposed amendments to the medical use regulations. This document briefly summarizes the proposed amendments.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its regulations by adding additional requirements for source material licensees who possess significant quantities of uranium hexafluoride (UF6). The proposed amendments would require such licensees to conduct integrated safety analyses (ISAs) similar to the ISAs performed by 10 CFR part 70 licensees; set possession limits for UF6 for determining licensing authority (NRC or Agreement States); add defined terms; add an additional evaluation criterion for applicants who submit an evaluation in lieu of an emergency plan; require the NRC to perform a backfit analysis under specified circumstances; and make administrative changes to the structure of the regulations. The proposed ISA requirements would not apply to facilities that are currently undergoing decommissioning under the current regulations. This rulemaking pertains to 10 CFR part 40 licensees and applicants who possess, or plan to possess, significant quantities of UF6. The current regulations do not contain ISA requirements for evaluating the consequences of facility accidents. The proposed amendment would require applicants and licensees who possess or plan to possess significant amounts of UF6 to conduct an ISA and submit an ISA summary to the NRC. The ISA, which evaluates and categorizes the consequences of accidents at NRC licensed facilities, would address both the radiological and chemical hazards from licensed material and hazardous chemicals produced in the processing of licensed material. Similar hazards that exist at other fuel cycle facilities are addressed by ISA requirements elsewhere in the regulations. The NRC is also proposing new guidance on the implementation of the additional regulatory requirements for licensees that would be authorized under this rulemaking.
The U.S. Nuclear Regulatory Commission (NRC) has decided to consider the issues raised in a petition for rulemaking (PRM) submitted by Erik Erb, the petitioner, and 91 cosigners, in the planned “Quality Control/Quality Verification” (QC/QV) rulemaking (Docket ID: NRC-2009-0090). The petitioner requested that the NRC amend its regulations to decrease the minimum days off requirement for security officers working 12 hour shifts from an average of 3 days per week to 2.5 or 2 days per week.
The U.S. Nuclear Regulatory Commission (NRC) has decided to consider the issues raised in a petition for rulemaking (PRM) submitted by Robert Meyer, on behalf of the Professional Reactor Operator Society (PROS), the petitioner, in the planned “Quality Control/Quality Verification” (QC/QV) rulemaking (Docket ID: NRC-2009-0090). The petitioner asked the NRC to amend the regulations that govern fitness-for-duty programs. Specifically, the petitioner asked the NRC to change the term “unit outage” to “site outage” and that the definition of “site outage” read “up to one week prior to disconnecting the reactor unit from the grid and up to 75-percent turbine power following reconnection to the grid.”
The U.S. Nuclear Regulatory Commission (NRC) has decided to consider the issues raised in a petition for rulemaking (PRM) submitted by Anthony R. Pietrangelo, on behalf of the Nuclear Energy Institute (NEI), the petitioner, in the planned “Quality Control/Quality Verification” (QC/QV) rulemaking (Docket ID: NRC-2009-0090). The petitioner requested that the NRC amend its regulations regarding its fitness-for-duty programs to refine existing requirements based on experience gained since the regulations were last amended in 2008.
The Nuclear Regulatory Commission (NRC or Commission) is making available for comment preliminary proposed rule language concerning the NRC's proposed amendments to the material control and accounting (MC&A) regulations. These regulations apply to NRC licensees who are authorized to hold special nuclear material (SNM) and to certain licensees within the jurisdiction of the Agreement States that hold SNM and submit material status reports to the NRC. The goal of this rulemaking is to revise and consolidate the MC&A requirements. This Notice briefly summarizes the proposed amendments. After the Commission has reviewed and approved the proposed rule, it will be formally published for comment.
Pursuant to 10 CFR 1703.107(b)(6) of the Board's regulations, the Defense Nuclear Facilities Safety Board is publishing its proposed Freedom of Information Act (FOIA) Fee Schedule Update and solicits comments from interested organizations and individual members of the public.
The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment Draft Regulatory Guide (DG)-1250, “Guidance for ITAAC Closure Under 10 CFR Part 52.” The DG-1250 describes a method that the staff of the NRC considers acceptable for use in satisfying the requirements for documenting the completion of inspections, tests, analyses, and acceptance criteria (ITAAC).
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its regulations related to verification of nuclear power plant construction activities through inspections, tests, analyses, and acceptance criteria (ITAAC) under a combined license. Specifically, the NRC is proposing new provisions that apply after a licensee has completed an ITAAC and submitted an ITAAC closure notification. The new provisions would require licensees to report new information materially altering the basis for determining that either inspections, tests, or analyses were performed as required, or that acceptance criteria are met, and to notify the NRC of completion of all ITAAC activities. In addition, the NRC is proposing editorial corrections to existing language in the NRC's regulations to correct and clarify ambiguous language and make it consistent with language in the Atomic Energy Act of 1954, as amended (AEA).
DOE issues procedures to standardize across its various programs procedures for the submission and protection of trade secrets and commercial or financial information that is privileged or confidential, where such information is submitted by applicants for various forms of DOE assistance (including financial assistance such as grants, cooperative agreements, and technology investment agreements, as well as loans and loan guarantees). The procedures, established across DOE programs, are modeled after existing procedures DOE uses to process loan applications submitted to DOE's Advanced Technology Vehicles Manufacturing Incentive Program.
In a direct final rule published on April 21, 2011, DOE adopted amended energy conservation standards for residential clothes dryers and room air conditioners. As required by EPCA, DOE also published simultaneously a notice of proposed rulemaking (NOPR) that proposed identical energy efficiency standards. The standards set forth in the direct final rule and NOPR were consistent with the consensus agreement that served as the basis for those rulemaking actions. The consensus agreement also provided specific compliance dates for both products—June 1, 2014 for room air conditioners and January 1, 2015 for clothes dryers. In the direct final rule and NOPR, however, DOE provided for a compliance date 3 years after the date of publication in the Federal Register , or April 21, 2014. As such, the compliance date of the direct final rule and NOPR did not correspond with the consensus agreement. DOE now proposes to amend the compliance dates set forth in the direct final rule and corresponding NOPR to be consistent with the compliance dates set out in the consensus agreement.
The U.S. Nuclear Regulatory Commission (NRC) is publishing for public comment a notice of receipt for a petition for rulemaking (PRM), dated March 14, 2011, which was filed with the NRC by Thomas Popik. The petition was docketed by the NRC on March 15, 2011, and has been assigned Docket No. PRM-50-96. The petition requests that the NRC amend its regulations regarding the domestic licensing of special nuclear material to require production and utilization facilities licensed by the NRC to assure long-term cooling and unattended water makeup of spent fuel pools.
The Energy Policy and Conservation Act of 1975 (EPCA), as amended, directs the U.S. Department of Energy (DOE) to establish energy conservation standards for certain commercial and industrial equipment, including commercial heating, air-conditioning, and water-heating products. Of particular relevance here, the statute also requires that each time the corresponding consensus standard—the American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE)/Illuminating Engineering Society of North America (IESNA) Standard 90.1—is amended by the industry, DOE must assess whether there is a need to update the uniform national energy conservation standards for the same equipment covered under EPCA. ASHRAE officially released an amended version of this industry standard (ASHRAE 90.1-2010) on October 29, 2010, thereby triggering DOE's related obligations under EPCA. In addition, the Energy Independence and Security Act of 2007 (EISA 2007) amended EPCA to require DOE to review the most recently published ASHRAE/IES Standard 90.1 with respect to single-package vertical air conditioners and single-package vertical heat pumps in accordance with the procedures established for reviewing the energy conservation standards for other ASHRAE products. As a first step in meeting these statutory requirements, today's notice of data availability (NODA) discusses the results of DOE's analysis of the energy savings potential of amended energy conservation standards for certain types of commercial equipment covered by ASHRAE Standard 90.1, including single-package vertical air conditioners and single-package vertical heat pumps. The energy savings potentials are based upon either the efficiency levels specified in the amended industry standard ( i.e. , ASHRAE Standard 90.1-2010) or more stringent levels that would result in significant additional conservation of energy and are technologically feasible and economically justified. DOE is publishing this NODA to: Announce the results and preliminary conclusions of DOE's analysis of potential energy savings associated with amended standards for this equipment, and request public comment on this analysis, as well as the submission of data and other relevant information.
The U.S. Department of Energy (DOE) issues a final rule amending the existing test procedures for fluorescent lamp ballasts at Appendix Q and establishing a new test procedure at Appendix Q1. The amendments to appendix Q update a reference to an industry test procedure. The new test procedure at Appendix Q1 changes the efficiency metric to ballast luminous efficiency (BLE), which is measured directly using electrical measurements instead of the photometric measurements employed in the test procedure at Appendix Q. The calculation of BLE includes a correction factor to account for the reduced lighting efficacy of low frequency lamp operation. The test procedure specifies use of a fluorescent lamp load during testing, allowing ballasts to operate closer to their optimal design points and providing a better descriptor of real ballast performance compared to resistor loads. If DOE determines that amendments to the fluorescent lamp ballast energy conservation standards are required, they will be issued or published by June 30, 2011, and use of the test procedures at Appendix Q1 will be required on the compliance date of the amendments. Until that time, manufacturers must use the procedures at Appendix Q to certify compliance.
The U.S. Nuclear Regulatory Commission (NRC) is correcting a proposed rule that appeared in the Federal Register on April 26, 2011 (76 FR 23208). The NRC is proposing to amend its regulations governing the fitness for duty of workers at nuclear power plants. This document corrects a typographical error in a Web site address.
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to require low-level radioactive waste disposal facilities to conduct site-specific analyses to demonstrate compliance with the performance objectives. While the existing regulatory requirements are adequate to protect public health and safety, these amendments would enhance the safe disposal of low-level radioactive waste. The NRC is proposing additional changes to the regulations to reduce ambiguity, facilitate implementation, and to better align the requirements with current health and safety standards. In addition, the NRC is making available the rulemaking's associated regulatory basis documents. The NRC will conduct a public meeting on May 18, 2011, to discuss the preliminary proposed rule language and its associated regulatory basis documents. The availability of the preliminary proposed rule language and its associated regulatory basis documents are intended to inform stakeholders of the current status of the NRC's activities and solicit early public comments.
This document contains technical corrections to the final rule regarding certification, compliance, and enforcement regulations that was published on March 7, 2011. In that final rule, the U.S. Department of Energy (DOE) adopted regulations that provided for sampling plans used in determining compliance with existing standards, manufacturer submission of compliance statements and certification reports to DOE, maintenance of compliance records by manufacturers, and the availability of enforcement actions for improper certification or noncompliance with an applicable standard. Due to drafting error, language was inadvertently deleted from the rule and certain provisions contained erroneous internal cross references.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) will participate in a public and closed meeting with affected stakeholders to discuss comments relevant to the staff's draft regulatory basis (previously referred to as the draft technical basis) for the forthcoming security rulemaking, “Security Requirements for Radiological Sabotage,” to revise the security requirements for facilities storing spent nuclear fuel (SNF) and high-level radioactive waste (HLW). This meeting is a follow-up to the NRC's notice of availability of the draft technical basis and solicitation of public comments (74 FR 66589; December 16, 2009) to confirm that an adequate regulatory basis exists to proceed with rulemaking to issue new risk-informed and performance-based security regulations for SNF and HLW storage facilities. This portion of the meeting is open to the public and all interested parties may attend. The NRC is also presenting information on independent spent fuel storage installation (ISFSI) vulnerability studies and information on proposed new regulatory guide, Draft Guide-5033, “Security Performance (Adversary) Characteristics for Physical Security Programs for 10 CFR [Title 10 of the Code of Federal Regulations] PART 72 Licensees.” This portion of the meeting will be closed under Exemptions 3.b of the Commission's policy statement, 1 due to the expected discussion of safeguards information. 1 “Commission's Policy Statement on Enhancing Public Participation in NRC Meetings” (67 FR 36920; May 28, 2002).
On February 3, 2011 (76 FR 6200), the Nuclear Regulatory Commission (NRC or the Commission) published a proposed rule [NRC-2011-0018] for a 90-day public comment period that would implement its authority under the new Section 161A of the Atomic Energy Act of 1954 (AEA), as amended, and revise existing regulations governing security event notifications. These proposed regulations are consistent with the provisions of the Firearms Guidelines the NRC published under Section 161A with the approval of the U.S. Attorney General on September 11, 2009 (74 FR 46800). In addition, the NRC proposed revisions addressing security event notifications from different classes of facilities and the transportation of radioactive material and would add new event notification requirements on the theft or loss of enhanced weapons. Concurrent with the amendments described in this proposed rule, the NRC published for comment the draft “ Weapons Safety Assessment” (76 FR 6087) [NRC-2011-0017], the draft Regulatory Guide DG-5020, “ Applying for Enhanced Weapons Authority, Applying for Preemption Authority, and Accomplishing Firearms Background Checks under 10 CFR Part 73” (76 FR 6086) [NRC-2011-0015], and the revised Regulatory Guide DG-5019, “ Reporting and Recording Safeguards Events” (76 FR 6085) [NRC-2011-0014]. A 90-day comment period was provided for the proposed rule, the weapons safety assessment, and the associated regulatory guidance documents that would have expired on May 4, 2011. The NRC is extending the comment period submittal deadline by an additional 90 days for the proposed rule, the associated regulatory guidance documents, and the weapons safety assessment from the original May 4, 2011, deadline to August 2, 2011.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its regulations governing the fitness for duty of workers at nuclear power plants. These amendments would allow holders of nuclear power plant operating licenses the option to use a different method from the one currently prescribed in the NRC's regulations for determining when certain nuclear power plant workers must be afforded time off from work to ensure that such workers are not impaired due to cumulative fatigue caused by work schedules.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is revising its Enforcement Policy to include a provision allowing licensees enforcement discretion if they implement an alternative approach to meet the NRC's requirements for managing worker fatigue at operating nuclear power plants. This interim policy affects licensees subject to the minimum days off (MDO) requirements of the NRC's fitness for duty regulations and will remain in place until the NRC publishes a revised rule associated with the MDO requirements for managing fatigue.
The Energy Policy and Conservation Act (EPCA) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, including residential clothes dryers and room air conditioners. EPCA also requires the U.S. Department of Energy (DOE) to determine if amended standards for these products are technologically feasible and economically justified, and would save a significant amount of energy. In this proposed rule, DOE proposes energy efficiency standards for residential clothes dryers and room air conditioners identical to those set forth in a direct final rule published elsewhere in today's Federal Register . If DOE receives adverse comment and determines that such comment may provide a reasonable basis for withdrawing the direct final rule, DOE will publish a notice withdrawing the final rule and will proceed with this proposed rule.
The Energy Policy and Conservation Act (EPCA) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, including residential clothes dryers and room air conditioners. EPCA also requires the U.S. Department of Energy (DOE) to determine if amended standards for these products are technologically feasible and economically justified, and would save a significant amount of energy. In this direct final rule, DOE adopts amended energy conservation standards for residential clothes dryers and room air conditioners. A notice of proposed rulemaking that proposes identical energy efficiency standards is published elsewhere in today's Federal Register . If DOE receives adverse comment and determines that such comment may provide a reasonable basis for withdrawing the direct final rule, this final rule will be withdrawn and DOE will proceed with the proposed rule.
The U.S. Department of Energy (DOE or the “Department”) proposes to amend the compliance dates for revisions to its certification, compliance, and enforcement regulations for certain commercial and industrial equipment covered under the Energy Policy and Conservation Act of 1975, as amended (EPCA or the “Act”). Specifically, DOE is tentatively proposing an 18-month extension to the compliance date for the certification provisions for commercial refrigeration equipment; commercial heating, ventilating, air-conditioning (HVAC) equipment; commercial water heating equipment; walk-in coolers; walk-in freezers; and automatic commercial ice makers. DOE is also considering extending the compliance date for the certification provisions for other commercial equipment based on comments.
The U.S. Department of Energy (DOE) seeks information and data related to the use of computer simulations, mathematical methods, and other alternative methods of determining the efficiency of certain types of consumer products and commercial and industrial equipment. DOE intends to use the information and data collected in this RFI to better inform the proposals for a rulemaking addressing alternative efficiency determination methods (AEDM) and alternate rating methods (ARM) for these types of covered products.
On January 4, 2010, the U.S. Department of Energy (DOE) issued a notice of proposed rulemaking (January 2010 NOPR) to establish new test procedures for walk-in coolers and walk-in freezers (WICF or walk-ins). On September 9, 2010, DOE issued a supplemental notice of proposed rulemaking (September 2010 SNOPR) to propose changes to the test procedures that it proposed in the NOPR. Those proposed rulemakings serve as the basis for today's action. DOE is issuing a final rule that establishes new test procedures for measuring the energy efficiency of certain walk-in cooler and walk-in freezer components including panels, doors, and refrigeration systems. These test procedures will be mandatory for product testing to demonstrate compliance with energy standards that DOE is establishing in a separate, but concurrent rulemaking, and for representations starting 180 days after publication. This final rule incorporates by reference industry test procedures that, along with calculations established in the rule, can be used to measure the energy consumption or performance characteristics of certain components of walk-in coolers and walk-in freezers. Additionally, the final rule clarifies the definitions of “Display door,” “Display panel,” “Door,” “Envelope,” “K-factor,” “Panel,” “Refrigerated,” “Refrigeration system,” “U-factor,” “Automatic door opener/closer,” “Core region,” “Edge region,” “Surface area,” “Rating condition,” and “Percent time off” as applicable to walk-in coolers and walk-in freezers.
The Department of Energy (DOE) today amends the values in appendix C to its Occupational Radiation Protection requirements. The derived air concentration values for air immersion are calculated using several parameters. One of these, exposure time, is better represented by the hours in the workday, rather than the hours in a calendar day, and is therefore used in the revised calculations.
On March 31, 2011, the U.S. Department of Energy (DOE) published a Decision and Order in the Federal Register which granted 27 companies submitting petitions before the required date ( i.e., by February 17, 2011), a 180-day extension of the compliance date for recent amendments to the DOE test procedure for residential furnaces and boilers related to the standby mode and off mode energy consumption of these products. Recently, DOE received a petition dated February 17, 2011 from a 28th manufacturer, Viessmann Manufacturing Company, Inc., in which the manufacturer also requested the above-referenced 180-day extension. Although DOE received this petition well after February 17, 2011, the Department believes a number of factors, including international postal handling and Federal mail security screening, contributed to the delay in receipt of this petition. After review, DOE has decided to grant the petition. However, DOE was not able to include its determination regarding this petition in its March 31, 2011 Decision and Order, because publication was already underway. Through this correction notice, DOE is modifying its Decision and Order to add Viessmann Manufacturing Company, Inc., to the list of companies to whom the extension of the compliance date has been granted.
On November 15, 2010, the Department of Energy (DOE) received a petition for rulemaking from the Association of Home Appliance Manufacturers (AHAM). The petition requests the initiation of a rulemaking regarding compliance testing procedures for room air conditioners. The petition seeks temporary enforcement forbearance, or in the alternative, a temporary, industry-wide waiver or guidance, to allow the use of a data correction factor in compliance testing procedures for room air conditioners. In this document, DOE denies the petition as moot because the amended test procedure for room air conditioners and clothes dryers incorporates use of the correction factor requested in the AHAM petition.
The Energy Policy and Conservation Act (EPCA) prescribes energy conservation standards for various consumer products and commercial and industrial equipment, including fluorescent lamp ballasts (ballasts). EPCA also requires the U.S. Department of Energy (DOE) to determine if amended standards for ballasts are technologically feasible and economically justified, and would save a significant amount of energy, and to determine whether to adopt standards for additional ballasts not already covered by Federal standards. In this NOPR, DOE proposes amended energy conservation standards for those ballasts currently subject to standards, and new standards for certain ballasts not currently covered by standards. This NOPR also announces a public meeting to receive comment on these proposed standards and associated analyses and results.
The U.S. Department of Energy (DOE) is informing the public of its collection of shipment data and creation of spreadsheet models to provide comparisons between actual and benchmark estimate unit sales of five lamp types ( i.e., rough service lamps, vibration service lamps, 3-way incandescent lamps, 2,601-3,300 lumen general service incandescent lamps, and shatter-resistant lamps), which are currently exempt from energy conservation standards. As the actual sales do not exceed the forecasted estimate by 100 percent for any lamp type ( i.e., the threshold triggering rulemaking for an energy conservation standard for that lamp type has not been exceeded), DOE has determined that no regulatory action is necessary at this time. However, DOE will continue to track sales data for these exempted lamps. Relating to this activity, DOE has prepared and is making available on its Web site a spreadsheet showing the comparisons of anticipated versus actual sales, as well as the model used to generate the original sales estimates. The spreadsheet is available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/five_lamp_types.html .
The U.S. Department of Energy (DOE) proposes to revise its test procedure for automatic commercial ice makers (ACIM) established under the Energy Policy and Conservation Act. This notice of proposed rulemaking (NOPR) proposes to update the incorporation by reference of industry test procedures to the most current published versions. The current DOE test procedure applies to automatic commercial ice makers that produce cube type ice. This NOPR proposes to expand coverage of the test procedure to all batch type and continuous type ice makers with capacities between 50 and 4,000 pounds of ice per 24 hours. A batch type ice maker is defined as an ice maker with alternate freezing and harvesting periods, including machines that produce cube type ice, tube type ice, and fragmented ice. A continuous type ice maker is defined as an ice maker that continually freezes and harvests ice at the same time. Continuous type ice makers primarily produce flake or nugget ice. DOE also proposes amendments to standardize test results based on ice quality for continuous type ice makers, clarify the test methods and reporting requirements for automatic ice makers designed to be connected to a remote compressor rack, and provide test methods for modulating capacity ice makers. Furthermore, DOE proposes to discontinue the use of a clarified energy use equation. The test procedure applies to automatic commercial ice makers as defined in section 136 of the Energy Policy Act of 2005. Use of any amended test procedures will be required on the compliance date of any standards developed in the associated energy conservation standard rulemaking. This notice announces a public meeting to discuss and receive comments on the proposed test procedure amendments.
The U.S. Department of Energy (DOE or the Department) proposes amendments to those it proposed to the DOE test procedures for residential central air conditioners and heat pumps released in a June 2010 notice of proposed rulemaking (June 2010 NOPR). The proposed amendments in this supplemental notice of proposed rulemaking (SNOPR) would change the off-mode laboratory test steps and calculation algorithm to determine off-mode power consumption for residential central air conditioners and heat pumps, as well as change the requirements for selection and metering of the low-voltage transformer used when testing coil-only residential central air conditioners and heat pumps. Additionally, the amendments proposed today provide a method of calculation to determine the energy efficiency ratio (EER) during cooling mode steady-state tests for use as a regional metric. Finally, today's notice proposes amendments that would combine the two seasonal off-mode ratings of P1 and P2 for residential central air conditioners and heat pumps, as set forth in the June 2010 NOPR, to yield a single overall rating, PW OFF .
The U.S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on: the equipment classes that DOE plans to analyze for purposes of establishing energy conservation standards for metal halide lamp fixtures (MHLFs); the analytical framework, models, and tools that DOE is using to evaluate standards for this equipment; the results of preliminary analyses DOE performed for this equipment; and potential energy conservation standard levels derived from these analyses that DOE could consider for this equipment. DOE encourages written comments on these subjects. To inform interested parties and facilitate this process, DOE has prepared an agenda, a preliminary technical support document (TSD), and briefing materials, which are available at http://www1.eere.energy.gov/buildings/appliance_standards/commercial/metal_halide_lamp_fixtures.html.
This document announces receipt by the U.S. Department of Energy (DOE) of 29 petitions from 27 manufacturers seeking a 180-day extension of the compliance date related to recent amendments to the DOE test procedure for residential furnaces and boilers to address the standby mode and off mode energy consumption of those products. The petitioners demonstrated that meeting the specified compliance date would impose an undue hardship. Accordingly, today's Decision and Order grants these petitions to extend the compliance date by the requested 180 days.
The U.S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on the equipment classes that DOE plans to analyze for establishing energy conservation standards for commercial refrigeration equipment; the analytical framework, models, and tools that DOE is using to evaluate standards for this equipment; the results of preliminary analyses performed by DOE for this equipment; the potential energy conservation standard levels derived from these analyses that DOE could consider for this equipment; and any other issues relevant to the development of energy conservation standards for commercial refrigeration equipment. In addition, DOE encourages written comments on these subjects. To inform interested parties and facilitate this process, DOE has prepared an agenda, a preliminary technical support document (preliminary TSD), and briefing materials.
The U.S. Department of Energy (DOE or the Department) seeks certain information to help inform its current rulemaking to set energy conservation standards for electric motors. Specifically, DOE seeks information to assist DOE in determining whether to develop energy conservation standards for certain types of electric motors that are currently unregulated by any standards. Should DOE receive sufficient information supporting the inclusion of these motor types, DOE will consider including these motor types in the electric motors standards rulemaking.
NRC will convene a meeting of the Advisory Committee on the Medical Uses of Isotopes (ACMUI) on April 11-12, 2011. This will be a public meeting, and the final agenda is under development. A sample of agenda items to be discussed during this session includes: (1) Written directives and medical event reporting for permanent implant brachytherapy; (2) amending preceptor attestation requirements, (3) extending grandfathering to certain certified individuals regarding training and experience requirements (Petition for Rulemaking (PRM 35-20, Ritenour Petition); (4) dose limits to members of the public (per year versus per treatment) from patients who have been administered radioiodine; (5) a subcommittee report on medical-related events; and (6) a variety of other topics related to 10 Code of Federal Regulations (CFR) Part 35 rulemaking. Once finalized, a copy of the agenda will be available at http://www.nrc.gov/reading-rm/doc-collections/acmui/agenda or by e-mailing Ms. Sophie Holiday at the contact information below. The primary purpose of the meeting is for the NRC to seek comments and insights from the members of the ACMUI. However, NRC will also welcome public participation and comments on the rulemaking topics listed above. The meeting's purpose is to discuss current rulemaking activities related to 10 CFR Part 35, Medical Use of Byproduct Material.
The U. S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations to add the HI-STORM Flood/Wind cask system to the “List of Approved Spent Fuel Storage Casks.” This direct final rule allows the holders of power reactor operating licenses to store spent fuel in this approved cask system under a general license.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its spent fuel storage cask regulations to add the HI-STORM Flood/Wind cask system to the “List of Approved Spent Fuel Storage Casks.” This would allow the holders of power reactor operating licenses to store spent fuel in this approved cask system under a general license.
The U.S. Nuclear Regulatory Commission (NRC or Commission) proposes to amend its regulations to certify the Economic Simplified Boiling-Water Reactor (ESBWR) standard plant design. This action is necessary so that applicants or licensees intending to construct and operate an ESBWR design may do so by referencing this design certification rule (DCR). The applicant for certification of the ESBWR design is GE-Hitachi Nuclear Energy (GEH). The public is invited to submit comments on this proposed DCR, the generic design control document (DCD) that would be incorporated by reference into the DCR, and the environmental assessment (EA) for the ESBWR design.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to 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 the NRC to recover through fees approximately 90 percent of its budget authority in Fiscal Year (FY) 2011, not including amounts appropriated from the Nuclear Waste Fund (NWF), amounts appropriated for Waste Incidental to Reprocessing (WIR), and amounts appropriated for generic homeland security activities. The NRC is currently operating under a Continuing Resolution (CR) set to expire on March 4, 2011. Based on the FY 2011 budget submitted to the Congress, the NRC's required fee recovery amount for the FY 2011 budget is approximately $915.3 million. After accounting for billing adjustments, the total amount to be billed as fees is approximately $915.7 million.
DOE proposes to standardize across its various programs procedures for the submission and protection of trade secrets and commercial or financial information that is privileged or confidential, where such information is submitted by applicants for various forms of DOE assistance (including financial assistance such as grants, cooperative agreements, and technology investment agreements, as well as loans and loan guarantees). The procedures that would be established across DOE programs are modeled after existing procedures DOE uses to process loan applications submitted to DOE's Advanced Technology Vehicles Manufacturing Incentive Program.
The U. S. Department of Energy's Office of Energy Efficiency and Renewable Energy (EERE) is seeking input on potential proposed changes to the draft International Green Construction Code (IgCC). The first edition of the IgCC is currently being developed by the International Code Council (ICC) for anticipated publication in 2012. EERE will be holding a public meeting to present and solicit public comment on proposed changes.
The U.S. Department of Energy (DOE) is amending its test procedures for microwave ovens under the Energy Policy and Conservation Act (EPCA) to provide for the measurement of standby mode and off mode power use by microwave ovens. These amendments incorporate into the DOE test procedure provisions from the International Electrotechnical Commission (IEC) Standard 62301, “Household electrical appliances—Measurement of standby power,” First Edition 2005-06 (IEC Standard 62301 (First Edition)). In addition, these amendments adopt in the DOE test procedure definitions of modes based on the relevant provisions from the IEC Standard 62301 Second Edition, Final Draft International Standard (IEC Standard 62301 (FDIS)), as well as language to clarify application of these provisions for measuring standby mode and off mode power consumption in microwave ovens.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is confirming the effective date of March 29, 2011, for the direct final rule that was published in the Federal Register on January 13, 2011 (76 FR 2243). This direct final rule amended the NRC's spent fuel storage regulations at Title 10 of the Code of Federal Regulations (10 CFR 72.214) to revise the NUHOMS® HD System listing to include Amendment Number 1 to Certificate of Compliance (CoC) Number 1030.
DOE is amending the Human Reliability Program (HRP) rule to designate the appropriate Under Secretary as the person with the authority to issue a final written decision to recertify or revoke the certification of an individual in the HRP. This action places decisional authority in the Under Secretary responsible for the operational functioning of the program in which the certification issue arises. It also streamlines internal procedures and facilitates timely final agency decision-making. This amendment modifies internal agency responsibilities but does not alter substantive rights or obligations under current law.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is denying a petition for rulemaking (PRM) submitted by James Luehman (the petitioner). The petitioner requests that the NRC amend the NRC's standard for sustaining a whistleblower retaliation violation of the Employee Protection Rule. The NRC is denying PRM-50-92 for the reasons stated in this document.
The U.S. Department of Energy (DOE or the “Department”) is adopting revisions to its existing certification, compliance, and enforcement regulations for certain consumer products and commercial and industrial equipment covered under the Energy Policy and Conservation Act of 1975, as amended (EPCA or the “Act”). These regulations provide for sampling plans used in determining compliance with existing standards, manufacturer submission of compliance statements and certification reports to DOE, maintenance of compliance records by manufacturers, and the availability of enforcement actions for improper certification or noncompliance with an applicable standard. Ultimately, the provisions being adopted in this final rule will allow DOE to enforce systematically the applicable energy and water conservation standards for covered products and covered equipment and provide for more accurate, comprehensive information about the energy and water use characteristics of products sold in the United States.
The U.S. Department of Energy (DOE or Department) will hold a public meeting to discuss and receive comments on the following issues: The equipment classes DOE plans to analyze for the purpose of considering the amendment of energy conservation standards for distribution transformers; the analytical framework, models, and tools DOE is using to evaluate standards for this type of equipment; the results of preliminary analyses performed by DOE for this equipment; and potential energy conservation standard levels derived from these analyses that DOE could consider for this equipment. DOE also encourages interested parties to submit written comments on these subjects. To inform stakeholders and facilitate the public meeting and comment process, DOE has prepared an agenda, a preliminary technical support document (TSD), and briefing materials, which are available at: http://www.eere.energy.gov/buildings/appliance_standards/commercial/distribution_transformers.html.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its adjudicatory rules of practice. This proposed rule would make changes to the NRC's adjudicatory process that NRC believes will promote fairness, efficiency, and openness in NRC adjudicatory proceedings. This proposed rule would also correct errors and omissions that have been identified since the major revisions to the NRC's Rules of Practice in early 2004.
The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM) submitted by Dan Kane. Mr. Kane requested that the NRC rescind the Waste Confidence Rule, suspend all ongoing reactor licensing proceedings, and phase out operations at all operating nuclear power plants. The NRC is denying the petition because, contrary to the assertions made in the PRM, the Commission's Waste Confidence Decision and Rule consider the political uncertainty discussed in the petition and do not depend on the availability of a repository at Yucca Mountain, Nevada.
The U.S. Nuclear Regulatory Commission (NRC), in coordination with the U.S. Department of Energy (DOE), plans to conduct a workshop to discuss possible approaches to revising the regulatory framework for the management of commercial low-level radioactive waste (LLW). The purpose of this workshop is to gather information from a broad spectrum of stakeholders concerning the NRC's proposed options for a comprehensive revision to NRC's and DOE's waste regulations and to discuss possible options.
The U.S. Nuclear Regulatory Commission (NRC or Commission) proposes to amend its regulations to certify an amendment to the AP1000 standard plant design. The purpose of the amendment is to replace the combined license (COL) information items and design acceptance criteria (DAC) with specific design information, address the effects of the impact of a large commercial aircraft, incorporate design improvements, and increase standardization of the design. Upon NRC rulemaking approval of its amendment to the AP1000 design, an applicant seeking an NRC license to construct and operate a nuclear power reactor using the AP1000 design need not demonstrate in its application the safety of the certified design. The applicant for this amendment to the AP1000 certified design is Westinghouse Electric Company, LLC (Westinghouse). The public is invited to submit comments on this proposed design certification rule (DCR), the revised generic design control document (DCD) that would be incorporated by reference into the DCR, and the environmental assessment (EA) for this amendment to the AP1000 design.
The U.S. Department of Energy (DOE) is re-opening the public comment period for proposed amendments to its regulations governing compliance with the National Environmental Policy Act (NEPA), made available for public comment on January 3, 2011 (76 FR 214). This is being done in response to a request on behalf of multiple organizations.
The U.S. Department of Energy (DOE) seeks information related to potential technical improvements its energy conservation standards rulemaking analysis, and requests comment on corresponding revisions to the analysis for energy conservation standards for refrigerators, refrigerator-freezers and freezers.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is amending its regulations that govern licensing requirements for the independent storage of spent nuclear fuel. These amendments include changes that enhance the effectiveness and efficiency of the licensing process for spent nuclear fuel storage. Specifically, they extend and clarify the term limits for storage cask Certificates of Compliance (CoCs) and independent spent fuel storage installation (ISFSI) specific licenses. The amendments also provide consistency between the general and specific ISFSI license requirements, and allow general licensees subject to these regulations to implement changes authorized by an amended CoC to a cask loaded under the initial CoC or an earlier amended CoC (a “previously loaded cask”).
This document corrects a notice appearing in the Federal Register on January 7, 2011, that announces the availability of draft implementation guidance for public comment. This action is necessary to correct the ADAMS Accession Number for the draft Part 40 implementation guidance.
The Department of Energy (DOE) is amending the Department of Energy Acquisition Regulation (DEAR) regulations on Acquisition Planning, and Contracting Methods and Contract Types to make changes to conform to the Federal Acquisition Regulation (FAR), remove out-of-date coverage, and update references. Today's rule does not alter substantive rights or obligations under current law.
The U.S. Nuclear Regulatory Commission (Commission or NRC) is issuing for public comment Draft Regulatory Guide, DG-5019, “Reporting and Recording Safeguards Events.” The DG-5019 describes methods that the staff of the NRC considers acceptable for licensees and certificate holders to report and record safeguards ( i.e., security) events that are required under the proposed changes to Title 10 of the Code of Federal Regulations (10 CFR) 73.71, “Reporting and Recording of Safeguards Events,” and Appendix G to 10 CFR part 73, “Reportable and Recordable Safeguards Events.”
The U.S. Nuclear Regulatory Commission (Commission or NRC) is issuing for public comment Draft Regulatory Guide, DG-5020, “Applying for Enhanced Weapons Authority, Applying for Preemption Authority, and Accomplishing Firearms Background Checks under 10 CFR Part 73.” The DG-5020 is a proposed new regulatory guide. This guide describes methods that the staff or NRC considers acceptable for licensees and certificate holders to comply with the Commission's regulations implementing the provisions of Section 161A, “Use of Firearms by Security Personnel,” of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2201a), that are found in the proposed Title 10 of the Code of Federal Regulations (10 CFR) 73.18, “Authorization for use of Enhanced Weapons and Preemption of Firearms Laws,” and 10 CFR 73.19, “Firearms Background Checks for Armed Security Personnel.”
The U.S. Nuclear Regulatory Commission (Commission or NRC) is seeking input from the public, licensees, certificate holders, and other stakeholders on a draft guidance document entitled “Weapons Safety Assessment” (WSA). This guidance would be used by licensees and certificate holders applying to the NRC to obtain enhanced weapons under the NRC's proposed rule titled “Enhanced Weapons, Firearms Background Checks, and Security Event Notifications,” published in the Proposed Rule section of today's Federal Register (NRC-2011-0018). A completed WSA would be part of an application to the NRC for the use for enhanced weapons. The Commission is authorized under Section 161A of the Atomic Energy Act of 1954, as amended (AEA), to approve licensees' and certificate holders' possession of enhanced weapons as part of a protective strategy for defending NRC-regulated facilities and radioactive material against malevolent acts. Volumes 1 through 3 of the draft WSA are being issued for public review and comment.
The Nuclear Regulatory Commission (NRC or the Commission) is proposing regulations that would implement its authority under the new section 161A of the Atomic Energy Act of 1954 (AEA), as amended, and revise existing regulations governing security event notifications. These proposed regulations are consistent with the provisions of the Firearms Guidelines the NRC published under section 161A with the approval of the U.S. Attorney General on September 11, 2009 (74 FR 46800). The NRC previously proposed new regulations on October 26, 2006 (71 FR 62663), that would have implemented this new authority as part of a larger proposed rule entitled “Power Reactor Security Requirements.” However, based upon changes to the final Firearms Guidelines the NRC is now proposing further revisions in these implementing regulations that address the voluntary application for enhanced weapons and the mandatory firearms background checks under section 161A. These implementing regulations would only apply to nuclear power reactor facilities and Category I strategic special nuclear material (SSNM) facilities. In addition, the NRC is also proposing revisions addressing security event notifications from different classes of facilities and the transportation of radioactive material consistently and would add new event notification requirements on the theft or loss of enhanced weapons.
On November 3, 2010 (75 FR 67636), the U.S. Nuclear Regulatory Commission (NRC or the Commission) published for public comment a revision to NUREG-0561, the draft implementation guidance document for a proposed rule to amend its security regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 73 pertaining to the transport of irradiated reactor fuel (for purposes of this rulemaking, the terms “irradiated reactor fuel” and “spent nuclear fuel” are used interchangeably). The proposed rule was published on October 13, 2010 (75 FR 62695). The public comment period for this proposed rule was scheduled to expire on February 11, 2011; however, on January 10, 2011 (76 FR 1376), the public comment period for the proposed rule was extended to April 11, 2011. In order to allow the public sufficient time to review and comment on the draft revision to NUREG-0561, the NRC has decided to extend the comment period for the draft guidance document until May 11, 2011.
The Department of Energy (DOE) proposes to revise the values in an appendix to its Occupational Radiation Protection requirements. The derived air concentration values for air immersion are calculated using several parameters. One of these, exposure time, is better represented by the hours in the workday, rather than the hours in a calendar day, and is therefore used in the revised calculations.
The U.S. Nuclear Regulatory Commission (NRC) is reopening the public comment period for the proposed regulatory issue summary (RIS) that was published on November 26, 2010 (75 FR 72737). The purpose of the RIS is to clarify for licensees and external stakeholders the information that they should use and present to the NRC in the Decommissioning Funding Status reports to ensure that the NRC staff, licensees, and stakeholders are using the same, correct figures and to prevent potential issues resulting from shortfalls in the licensee's decommissioning fund. The comment period for this RIS, which closed on December 27, 2010, is reopened and will remain open until March 5, 2011.
The U.S. Nuclear Regulatory Commission (NRC or the Commission) proposes to amend its regulations to certify an amendment to the U.S. Advanced Boiling Water Reactor (ABWR) standard plant design to comply with the NRC's aircraft impact assessment (AIA) regulations. This action would allow applicants or licensees intending to construct and operate a U.S. ABWR to comply with the NRC's AIA regulations by referencing the amended design certification rule (DCR). The applicant for certification of the amendment to the U.S. ABWR design is STP Nuclear Operating Company (STPNOC). The public is invited to submit comments on this proposed DCR, the STPNOC design control document (DCD) that would be incorporated by reference into the DCR, and the environmental assessment (EA) for the amendment to the U.S. ABWR design. The public is also invited to submit comments on the NRC's proposed approach for treating multiple suppliers of a single certified design.
The Nuclear Regulatory Commission (NRC or the Commission) is amending its spent fuel storage regulations by revising the Transnuclear, Inc. (TN) NUHOMS ® HD System listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 1 to Certificate of Compliance (CoC) Number 1030. Amendment No. 1 will revise the definitions for Damaged Fuel Assembly and Transfer Operations; add definitions for Fuel Class and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class fuel assemblies as authorized contents; reduce the minimum off-normal ambient temperature from −20 °F to −21 °F; expand the authorized contents of the NUHOMS ® HD System to include pressurized water reactor fuel assemblies with control components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; clarify the requirements of reconstituted fuel assemblies; add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding; clarify the requirements for neutron absorber tests; delete use of nitrogen for draining the water from the dry shielded canister (DSC), and allow only helium as a cover gas during DSC cavity water removal operations; and make corresponding changes to the technical specifications (TS).
The U.S. Nuclear Regulatory Commission (NRC or the Commission) is proposing to amend its spent fuel storage cask regulations by revising the Transnuclear, Inc. (TN) NUHOMS® HD System listing within the “List of Approved Spent Fuel Storage Casks” to include Amendment No. 1 to Certificate of Compliance (CoC) Number 1030. Amendment No. 1 would revise the definitions for Damaged Fuel Assembly and Transfer Operations; add definitions for Fuel Class and Reconstituted Fuel Assembly; add Combustion Engineering 16x16 class fuel assemblies as authorized contents; reduce the minimum off-normal ambient temperature from −20 °F to −21 °F; expand the authorized contents of the NUHOMS® HD System to include pressurized water reactor fuel assemblies with control components; reduce the minimum initial enrichment of fuel assemblies from 1.5 weight percent uranium-235 to 0.2 weight percent uranium-235; clarify the requirements of reconstituted fuel assemblies; add requirements to qualify metal matrix composite neutron absorbers with integral aluminum cladding; clarify the requirements for neutron absorber tests; delete use of nitrogen for draining the water from the dry shielded canister (DSC), and allow only helium as a cover gas during DSC cavity water removal operations; and make corresponding changes to the technical specifications (TS).
On October 13, 2010 (75 FR 62695), the U.S. Nuclear Regulatory Commission (NRC or the Commission) published for public comment a proposed rule to amend its security regulations in title 10 of the Code of Federal Regulations (10 CFR) part 73 pertaining to the transport of irradiated reactor fuel (for purposes of this rulemaking, the terms “irradiated reactor fuel” and “spent nuclear fuel” (SNF) are used interchangeably). This proposed rule would establish generically applicable security requirements similar to those previously imposed by Commission orders issued after the terrorist attacks of September 11, 2001. The proposed rule would establish the acceptable performance standards and objectives for the protection of spent nuclear fuel shipments from theft, diversion, or radiological sabotage. The proposed amendments would apply to those licensees authorized to possess or transport spent nuclear fuel. The proposed security requirements would also address, in part, a petition for rulemaking from the State of Nevada (PRM-73-10) that requests that NRC strengthen the regulations governing the security of spent nuclear fuel shipments against malevolent acts. The public comment period for this proposed rule was scheduled to expire on January 11, 2011. The NRC has determined that additional time is needed for public review of the potential impacts of the proposed requirements. In order to allow the public sufficient time to review and comment on the proposed rule, the NRC has decided to extend the comment period until April 11, 2011.
The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations to require that the initial distribution of source material to exempt persons or general licensees be explicitly authorized by a specific license. The proposed rule would also modify the existing possession and use requirements of the general license for small quantities of source material and revise, clarify, or delete certain source material exemptions from licensing. The NRC has prepared draft guidance to address implementation of the proposed regulations. This notice is announcing the availability of the draft implementation guidance document for public comment.
The U.S. Department of Energy (DOE) amends its test procedures for residential clothes dryers and room air conditioners under the Energy Policy and Conservation Act (EPCA). The amendments provide for measurement of standby mode and off mode power use by these products and also amend the active mode test procedures for these products. For standby and off mode energy use, these amendments incorporate into the DOE test procedures relevant provisions from the International Electrotechnical Commission (IEC) Standard 62301, “Household electrical appliances—Measurement of standby power,” (first edition June 2005), including language to clarify application of these provisions for measuring standby mode and off mode power consumption in clothes dryers and room air conditioners. In addition, DOE is adopting definitions of modes based on the relevant provisions from IEC Standard 62301 Second Edition Committee Draft for Vote. For active mode energy use, DOE adopts testing methods for ventless clothes dryers, test cloth preconditioning requirements for clothes dryer energy tests, test conditions for gas clothes dryers, test conditions for clothes dryer drum capacity measurement, amendments to clarify current clothes dryer usage patterns and capabilities and to update the references to industry standards in the room air conditioner and clothes dryer test procedures.
This supplemental notice of proposed rulemaking (SNOPR) proposes to clarify certain terms and language in our regulations for certain commercial and industrial equipment, as follows: revise the definitions of certain terms related to electric motors and small electric motors, clarify the scope of energy conservation standards for electric motors, update references to several industry and testing standards for electric motors, incorporate by reference and update alternative test methods for polyphase and single-phase small electric motors, and specify the determination of efficiency requirements for small electric motors. These actions are being proposed to clarify the scope of regulatory coverage for small electric motors and electric motors and ensure the accurate and consistent measurement of energy efficiency. This notice invites comments on U.S. Department of Energy (DOE) proposals and the issues presented herein, and requests comments, data, and other information that would enable DOE to promulgate a final rule.
The U.S. Department of Energy (DOE or the Department) proposes to amend its existing regulations governing compliance with the National Environmental Policy Act (NEPA). The majority of the changes are proposed for the categorical exclusions provisions contained in its NEPA Implementing Procedures, with a small number of related changes proposed for other provisions. These proposed changes are intended to better align the Department's regulations, particularly its categorical exclusions, with DOE's current activities and recent experiences, and to update the provisions with respect to current technologies and regulatory requirements. DOE proposes to establish 20 new categorical exclusions, and to remove two categorical exclusion categories, one environmental assessment (EA) category, and two environmental impact statement (EIS) categories. Other proposed changes modify and clarify DOE's existing provisions.
