ML17270A147

FRN

ML17270A147
Person / Time
Issue date:	09/27/2017
From:	Boyce T H Office of Nuclear Regulatory Research
To:
Shared Package
ML17167A279	List: ML17270A147 Regulatory Guide 5.88
References
82FR45074, NRC-2017-0057, RG-5.088
Download: ML17270A147 (2)

Text

45074 Federal Register/Vol. 82, No. 186/Wednesday, September 27, 2017/Notices Production and Utilization Facilities.

This RG provides licensees and

applicants with a method the NRC staff

considers acceptable for use in

complying with the regulations on the

content of emergency plans for research

and test reactors and other non-power

production and utilization facilities.

DATES: Revision 2 of RG 2.6 is available on September 27, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0056 when contacting the

NRC about the availability of

information regarding this document.

You may obtain publicly-available

information related to this document

using any of the following methods:

• Federal Rulemaking Web site:

Go to http://www.regulations.gov and search for Docket ID NRC-2017-0056. Address

questions about NRC dockets to Carol

Gallagher; telephone: 301-415-3463;

email: Carol.Gallagher@nrc.gov.

For technical questions, contact the

individuals listed in the FORFURTHER INFORMATIONCONTACT section of this document.

• NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the

ADAMS Public Documents collection at

http://www.nrc.gov/reading-rm/

adams.html.

To begin the search, select

ADAMS Public Documents

and then

select Begin Web-based ADAMS

Search. For problems with ADAMS, please contact the NRC's Public

Document Room (PDR) reference staff at

1-800-397-4209, 301-415-4737, or by

email to pdr.resource@nrc.gov.

The ADAMS accession number for each

document referenced (if it is available in

ADAMS) is provided the first time that

a document is referenced. Revision 2 of

RG 2.6 and the regulatory analysis may

be found in ADAMS under Accession

numbers ML17263A472 and

ML16035A477 respectively.

• NRC's PDR:

You may examine and purchase copies of public documents at

the NRC's PDR, Room O1-F21, One

White Flint North, 11555 Rockville

Pike, Rockville, Maryland 20852.

Regulatory guides are not copyrighted, and the NRC's approval is

not required to reproduce them. FORFURTHERINFORMATIONCONTACT

Geoffrey Wertz, Office of Nuclear

Reactor Regulation, telephone: 301-

415-0893, email:

Geoffery.Wertz@

nrc.gov; or Stanley Gardocki, Office of Nuclear Regulatory Research, telephone:

301-415-1067, email:

Stanley.Gardocki@nrc.gov.

Both are staff of the U.S. Nuclear Regulatory

Commission, Washington, DC 20555-

0001. SUPPLEMENTARYINFORMATION

I. Introduction The NRC is issuing a revision to an existing guide in the NRC's Regulatory Guide series. This series was

developed to describe and make

available to the public information

regarding methods that are acceptable to

the NRC staff for implementing specific

parts of the agency's regulations, techniques that the NRC staff uses in

evaluating specific issues or postulated

events, and data that the NRC staff

needs in its review of applications for

permits and licenses.

Revision 2 of RG 2.6 was issued with a temporary designation of Draft

Regulatory Guide, DG-2004. The

purpose of issuing this RG is to provide

licensees and applicants with a method that the staff of the NRC considers

acceptable for use in complying with

the regulations on the content of

emergency plans for research and test

reactors and other non-power

production and utilization facilities

licensed under part 50 of title 10 of the

Code of Federal Regulations (10 CFR),

Domestic Licensing of Production and

Utilization Facilities.

II. Additional Information The NRC published a notice of the availability of DG-2004 in the Federal Register on February 24, 2017, (82 FR 11660) for a 60-day public comment

period. The public comment period

closed on April 25, 2017. The NRC

received one public comment on DG-

2004. That comment and the NRC's

response to it are available in ADAMS

under Accession No. ML17137A099.

Revision 2 of RG 2.6 addresses new issues identified since the guide was

last revised in March 1983. This

revision endorses the latest version of a

consensus standard developed by the

American National Standards Institute (ANSI) and American Nuclear Society (ANS), ANSI/ANS-15.16-2015,

Emergency Planning for Research

Reactors. The NRC also expanded the

scope of the guide to address non-power

facilities under 10 CFR part 50, other

than research and test reactors. Other

changes to RG 2.6 include editorial

changes and the current program

guidance for RGs.

Revising this regulatory guide to adopt, in whole or in part, a consensus

standard is consistent with the NRC

policy of evaluating the latest versions

of national consensus standards to

determine their suitability for

endorsement by regulatory guides. This

approach also complies with the NRC's

Management Directive 6.5, NRC

Participation in the Development and Use of Consensus Standards (ADAMS

Accession No. ML16193A497), and is in

accordance with Public Law 104-113,

National Technology Transfer and

Advancement Act of 1995.

Copies of ANSI/ANS-15.16-2015 may be purchased from the ANS Web site

(http://www.new.ans.org/store/

); or by writing to: American Nuclear Society, 555 North Kensington Avenue, La

Grange Park, Illinois 60526, U.S.A.,

telephone: 1-800-323-3044.

III. Congressional Review Act This regulatory guide is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the

Office of Management and Budget has

not found it to be a major rule as

defined in the Congressional Review

Act. IV. Backfitting The regulatory positions in this guidance document demonstrate the method that the NRC staff finds

acceptable for an applicant or holder of

a license under 10 CFR part 50 for a

research and test reactor and other non-

power production or utilization facility

to meet the requirements of the

underlying NRC regulations. The

issuance of this RG is not backfitting, as

that term is defined in 10 CFR 50.109,

Backfitting, because non-power

facilities licensed under 10 CFR part 50

are not included within the scope of

entities protected by 10 CFR 50.109.

Dated at Rockville, Maryland, this 21st day of September 2017.

For the Nuclear Regulatory Commission.

Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office

of Nuclear Regulatory Research.

[FR Doc. 2017-20693 Filed 9-26-17; 8:45 am]

BILLING CODE 7590-01-P NUCLEAR REGULATORY COMMISSION

[NRC-2017-0057]

Regulatory Guide:

Physical Inventories and Material Balances at

Fuel Cycle Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 0

of Regulatory Guide (RG) 5.88,

Physical Inventories and Material

Balances at Fuel Cycle Facilities. This

regulatory guide (RG) describes

approaches and methods that the staff

considers acceptable for licensees and VerDate Sep<11>2014 18:59 Sep 26, 2017Jkt 241001PO 00000Frm 00089Fmt 4703Sfmt 4703E:\FR\FM\27SEN1.SGM27SEN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES 45075 Federal Register/Vol. 82, No. 186/Wednesday, September 27, 2017/Notices applicants to use when developing material control and accounting (MC&A)

system capabilities. This RG pertains to

the performance, evaluation, and

reporting of physical inventories and

material balances at fuel cycle facilities.

DATES: Revision 0 to RG 5.88 is available on September 27, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0057 when contacting the

NRC about the availability of

information regarding this document.

You may obtain publicly-available

information related to this document

using any of the following methods:

• Federal Rulemaking Web site:

Go to http://www.regulations.gov and search for Docket ID NRC-2017-0057. Address

questions about NRC dockets to Carol

Gallagher; telephone: 301-415-3463; email: Carol.Gallagher@nrc.gov.

For technical questions, contact the

individuals listed in the FORFURTHER INFORMATIONCONTACT section of this document.

• NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the

ADAMS Public Document collection at

http://www.nrc.gov/reading-rm/

adams.html. To begin the search, select

ADAMS Public Documents and then

select Begin Web-based ADAMS

Search. For problems with ADAMS, please contact the NRC's Public

Document Room (PDR) reference staff at

1-800-397-4209, 301-415-4737, or by

email to pdr.resource@nrc.gov. The ADAMS accession number for each

document referenced (if it is available in

ADAMS) is provided the first time that

it is mentioned in this document.

Regulatory Guide 5.88 is available in

ADAMS under Accession No.

ML17167A292. The regulatory analysis

supporting Revision 1 is available in

ADAMS under Accession No.

ML15268A457.

• NRC's PDR:

You may examine and purchase copies of public documents at

the NRC's PDR, Room O1-F21, One

White Flint North, 11555 Rockville

Pike, Rockville, Maryland 20852. FORFURTHERINFORMATIONCONTACT

Glenn Tuttle, Office of Nuclear Material

Safety and Safeguards, 301-415-7230, email: Glenn.Tuttle@nrc.gov; or Mekonen Bayssie, Office of Nuclear

Regulatory Research, 301-415-1699, email: Mekonen.Bayssie@nrc.gov. Both are staff members of the U.S. Nuclear

Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARYINFORMATION

I. Discussion The NRC is issuing a new guide in the NRC's Regulatory Guide series. This

series was developed to describe and

make available to the public information

regarding methods that are acceptable to

the NRC staff for implementing specific

parts of the agency's regulations, techniques that the NRC staff uses in

evaluating specific issues or postulated

events, and data that the NRC staff

needs in its review of applications for

permits and licenses.

Revision 0 of RG 5.88 was issued with a temporary identification of draft

Regulatory Guide, DG-5056. The new

RG provides updated guidance for

uranium enrichment facilities as well as

other type of facilities by incorporating

relevant guidance from three NUREGs

without making substantive changes to

that guidance.

The RG is titled Physical Inventories and Material Balances at Fuel Cycle

Facilities, provides guidance for

meeting the nuclear material control

and accounting (MC&A) requirements in

part 74 of title 10 of the Code of Federal

Regulations (10 CFR), Material Control and Accounting of Special Nuclear

Material, that cover these topics.

Regulatory Guide 5.88 updates and combines in one document guidance

previously provided by RG 5.13,

Conduct of Nuclear Material Physical

Inventories, published in November

1973; and RG 5.33, Statistical

Evaluation of Material Unaccounted

For, published in June 1974.

Due to several rulemakings that occurred from 1985 to 2002 which

significantly amended the MC&A

requirements, the above regulatory

guides became outdated as they no

longer cite the correct sections of the

regulations. Accordingly, RG 5.13 and

RG 5.33 are being withdrawn concurrent

with the issuance of RG 5.88, which

provides the correct citations to the 10

CFR part 74 regulations.

The NRC's guidance on the MC&A requirements pertaining to the

performance, evaluation, and reporting

of physical inventories and material

balances at fuel cycle facilities is also

provided in the following NUREGs that

were issued in conjunction with the

1985-2002 MC&A rulemakings:

• NUREG-1280, Standard Format and Content Acceptance Criteria for the

Material Control and Accounting (MC&A) Reform Amendment,

applicable to facilities using formula

quantities of strategic special nuclear

material (SNM).

• NUREG-1065, Acceptable Standard Format and Content for the

Fundamental Nuclear Material Control (FNMC) Plan Required for Low-Enriched Uranium Facilities,

applicable to fuel fabrication facilities

using low-enriched uranium.

• NUREG/CR-5734, Recommendations to the NRC on

Acceptable Standard Format and

Content for the Fundamental Nuclear

Material Control (FNMC) Plan Required

for Low-Enriched Uranium Enrichment

Facilities, applicable to uranium

enrichment plants.

The RG 5.88 incorporates guidance from these NUREGs that relates to

physical inventories and material

balances for strategic SNM. In addition

to providing guidance on these topics, the NUREGs listed above cover other

MC&A requirements as well.

Accordingly, these NUREGs are not

being withdrawn.

II. Additional Information The NRC published a notice of the availability of DG-5056 in the Federal Register on February 24, 2017 (82 FR 11661) for a 60-day public comment

period. The public comment period closed on April 25, 2017. There were no

public comments received on DG-5056.

III. Congressional Review Act This RG is a rule as defined in the Congressional Review Act (5 U.S.C.

801-808). However, the Office of

Management and Budget has not found

it to be a major rule as defined in the

Congressional Review Act.

IV. Backfitting and Issue Finality Issuance of RG 5.88 in final form would not constitute backfitting as defined in 10 CFR 70.76. As discussed

in the Implementation section of RG

5.88, the NRC has no current intention

to impose this guidance on holders of

part 70 licenses. Additionally, RG 5.88

incorporates relevant guidance from

NUREG-1280, NUREG-1065, and

NUREG/CR-5734 without making

substantive changes to that guidance.

Accordingly, the issuance of RG 5.88

does not constitute a new or

different staff position within the

definition of backfitting in 10 CFR

70.76. Dated at Rockville, Maryland, this 20th day of September, 2017.

For the Nuclear Regulatory Commission.

Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office

of Nuclear Regulatory Research.

[FR Doc. 2017-20694 Filed 9-26-17; 8:45 am]

BILLING CODE 7590-01-P VerDate Sep<11>2014 18:59 Sep 26, 2017Jkt 241001PO 00000Frm 00090Fmt 4703Sfmt 4703E:\FR\FM\27SEN1.SGM27SEN1 asabaliauskas on DSKBBXCHB2PROD with NOTICES