Emergency Preparedness for Small Modular Reactors and Other New Technologies, 17768-17770 [2017-07502]

Download as PDF 17768 Proposed Rules Federal Register Vol. 82, No. 70 Thursday, April 13, 2017 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 52 [Docket No. NRC–2015–0225] RIN 3150–AJ68 Emergency Preparedness for Small Modular Reactors and Other New Technologies Nuclear Regulatory Commission. ACTION: Draft regulatory basis; public meeting, and request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is requesting comment on a draft regulatory basis to support a rulemaking that would develop new emergency preparedness (EP) requirements for small modular reactors (SMRs) and other new technologies (ONTs), such as non-lightwater reactors (non-LWRs) and medical isotope production facilities. The new EP regulations would be consequenceoriented, performance-based, and technology inclusive to the extent possible, and continue to provide reasonable assurance of adequate protection of public health and safety. The new EP regulations would be applicable to SMR and ONT facilities only. Large light-water reactors (LWRs), fuel cycle facilities, research and test reactors and other non-power, noncommercial, facilities are not in the scope of this rulemaking. The NRC plans to hold a public meeting to promote full understanding of the rulemaking and facilitate public participation. SUMMARY: Submit comments by June 27, 2017. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search nlaroche on DSK30NT082PROD with PROPOSALS DATES: VerDate Sep<11>2014 14:43 Apr 12, 2017 Jkt 241001 for Docket ID NRC–2015–0225. 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 FOR FURTHER INFORMATION CONTACT section of this document. • Email comments to: Rulemaking.Comments@nrc.gov. If you do not receive an automatic email reply confirming receipt, then contact us at 301–415–1677. • Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301– 415–1101. • Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555–001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, MD 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Andrew Carrera, Office of New Reactors, telephone: 301–415–1078, email: Andrew.Carrera@nrc.gov; and Arlon Costa, Office of New Reactors, telephone: 301–415–6402, email: Arlon.Costa@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2015– 0225 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2015–0225. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 draft regulatory basis document is available in ADAMS under Accession No. ML16309A332. • 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. B. Submitting Comments Please include Docket ID NRC–2015– 0225 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Discussion The NRC is requesting comments on a draft regulatory basis to support a rulemaking that would amend part 50 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Domestic Licensing of Production and Utilization Facilities,’’ and part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants,’’ by adopting new EP regulations for SMR and ONT licensees. The specific objectives of this rulemaking effort are to establish new EP requirements for SMR and ONT licensees that will recognize: (1) Distance to which planning for initiation of predetermined protective actions is warranted, (2) time-dependent E:\FR\FM\13APP1.SGM 13APP1 Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Proposed Rules characteristics of potential releases and exposures, and (3) isotopic characteristics of radioactive materials that can potentially be released to the environment. The scope of the draft regulatory basis includes EP for new SMR and ONT facilities licensed under 10 CFR parts 50 and 52. Under current regulations for large LWR designs, the plume exposure pathway emergency planning zone (EPZ) size is about 10 miles (16 kilometers). However, SMRs and ONTs may have comparatively smaller reactor core size and also include passive design safety features, which result in potential accident releases and offsite radiation dose consequences that are smaller and may be delayed when compared to large LWRs. To account for this difference as compared to large LWRs, the NRC plans to develop a consequence-oriented, performancebased, and technology inclusive approach to EP for these SMR and ONT designs. With the proposed adoption of an approach for these designs where the plume exposure pathway EPZ size is scalable in proportion with potential accident consequences, the potential exists for this EPZ to be contained within the site boundary. The draft regulatory basis, in part, explains why the NRC believes the existing regulations should be updated, revised, and enhanced; presents alternatives to rulemaking; and discusses costs and other impacts of the potential changes. III. Specific Requests for Comments The NRC is seeking comments and supporting rationale from the public on the following questions: nlaroche on DSK30NT082PROD with PROPOSALS Scope of Draft Regulatory Basis • Is the NRC considering an appropriate approach for each objective described in the draft regulatory basis? • Section 3 of the draft regulatory basis discusses the regulatory concerns the NRC expects to address through rulemaking. Section 4 presents the intended regulatory changes to address those regulatory concerns, and also discusses alternatives to rulemaking considered by the NRC. Are there other regulatory concerns within or related to the scope of the rulemaking efforts (see Section 4) that the NRC should consider? Are there other approaches or alternatives the NRC should consider to resolve those regulatory concerns? • Are there any other alternatives for EP for SMRs and ONTs to address beyond those discussed in the draft regulatory basis that the NRC should consider? VerDate Sep<11>2014 14:43 Apr 12, 2017 Jkt 241001 • Are there other EP related issues that the NRC staff should consider in further developing this regulatory basis? • Is the scope of facilities to be included under the ONT umbrella (see Section 1.1) appropriate or can you suggest additions or deletions? Performance-Based Approach • What are the benefits of a performance-based EP approach, other than those described in the draft regulatory basis? • Should the NRC continue research to establish performance-based criteria specific for SMRs and ONTs in the EP area? Examples of such research that has been performed are discussed in SECY– 14–0038, ‘‘Performance-Based Framework for Nuclear Power Plant Emergency Preparedness Oversight,’’ (ADAMS Accession No. ML14259A589). • Is it appropriate to establish combined risk-informed and performance-based criteria, and can you suggest EP areas or methods where they could successfully be implemented? Regulatory Impacts • Section 5 of the draft regulatory basis presents the NRC’s initial consideration of costs and other impacts for a number of key aspects of the potential regulatory changes. This initial assessment is based on limited available data. The NRC is seeking additional data and input relative to expected and/or unintentional impacts from the desired regulatory changes. What would be the potential impacts to stakeholders, such as applicants, licensees, and the public, from implementing any of the desired regulatory changes described in this draft regulatory basis? We are also seeking comments on reasonable cost estimates for implementation of the EP for SMRs and ONTs regulations, including one-time startup cost and annual cost? • What would the cost be for 10 CFR part 52 licensees to be licensed under the proposed performance-based EP approach? What would be the cost difference between this new EP approach and the current EP approach in 10 CFR part 50? • What impacts, other than cost, would result from the rulemaking action under consideration? IV. Cumulative Effects of Regulation The cumulative effects of regulation (CER) describes the challenges that licensees or other impacted entities (such as State agency partners, Tribal and local governments) may face while implementing new regulatory positions, programs, and requirements (e.g., rules, generic letters, backfits, inspections). PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 17769 The CER is an organizational challenge that results from a licensee or impacted entity implementing a number of complex positions, programs, or requirements within a limited implementation period and with available resources (which may include limited available expertise to address a specific issue). The NRC has implemented CER enhancements to the rulemaking process to facilitate public involvement throughout the rulemaking process. Therefore, the NRC is specifically requesting comments on the cumulative effects that may result from this proposed rulemaking. In developing comments on the draft regulatory basis, consider and provide comments on the following questions: 1. In light of any current or projected CER challenges, what should be a reasonable effective date, compliance date, or submittal date(s) from the time the final rule is published to the actual implementation of any proposed requirements, including changes to programs, procedures, and the facility? 2. If CER challenges currently exist or are expected, what should be done to address them? For example, if more time is required for subsequent implementation of the new requirements, what period of time is sufficient? 3. Do other (NRC or other agency) regulatory actions (e.g., orders, generic communications, license amendment requests, and inspection findings of a generic nature) influence the subsequent implementation of the proposed rule’s requirements? 4. Are there unintended consequences? Does the draft regulatory basis create conditions that would be contrary to the draft regulatory basis’ purpose and objectives? If so, what are the unintended consequences, and how should they be addressed? V. Availability of Documents The NRC may post documents related to this rulemaking activity to the Federal rulemaking Web site at https:// www.regulations.gov under Docket ID: NRC–2015–0225. The Federal rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC–2015–0225); (2) click the ‘‘Sign up for Email Alerts’’ link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly). VI. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111–274) requires Federal E:\FR\FM\13APP1.SGM 13APP1 17770 Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Proposed Rules Federal Aviation Administration 10, for all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2014–26–10 currently requires revising the maintenance or inspection program to incorporate maintenance requirements and airworthiness limitations. Since we issued AD 2014– 26–10, we have determined that more restrictive maintenance instructions and airworthiness limitations are necessary. This proposed AD would require revising the maintenance or inspection program, as applicable, to incorporate new or revised airworthiness limitation requirements. This proposed AD also removes airplanes from the applicability. We are proposing this AD to address the unsafe condition on these products. DATES: We must receive comments on this proposed AD by May 30, 2017. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this NPRM, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: account.airworth-eas@airbus.com; Internet: https://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. 14 CFR Part 39 Examining the AD Docket agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, ‘‘Plain Language in Government Writing,’’ published June 10, 1998 (63 FR 31883). The NRC requests comment on this document with respect to the clarity and effectiveness of the language used. VII. Public Meeting The NRC plans to hold a public meeting during the public comment period for this notice. The public meeting will provide a forum for the NRC staff to discuss the issues and questions with external stakeholders regarding the draft regulatory basis to add new EP requirements for SMRs and ONTs. The NRC does not intend to provide detailed responses to comments or other information submitted during the public meeting. The public meeting will be noticed on the NRC’s public meeting Web site at least 10 calendar days before the meeting. Stakeholders should monitor the NRC’s Public Meeting Schedule Web page for additional information about the public meeting at https:// meetings.nrc.gov/pmns/mtg. The NRC will post a notice for the public meeting and may post additional material related to this action to the Federal rulemaking Web site at www.regulations.gov under Docket ID NRC–2015–0225. Dated at Rockville, Maryland, this 29th day of March 2017. For the Nuclear Regulatory Commission. Robert K. Caldwell, Acting Director, Division of Engineering and Infrastructure, Office of New Reactors. [FR Doc. 2017–07502 Filed 4–12–17; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION [Docket No. FAA–2017–0248; Directorate Identifier 2016–NM–088–AD] nlaroche on DSK30NT082PROD with PROPOSALS RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: We propose to supersede Airworthiness Directive (AD) 2014–26– SUMMARY: VerDate Sep<11>2014 14:43 Apr 12, 2017 Jkt 241001 You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2017– 0248; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone: 800–647–5527) is in the ADDRESSES section. Comments will PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Sanjay Ralhan, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone: 425–227–1405; fax: 425–227–1149. SUPPLEMENTARY INFORMATION: Comments Invited We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include ‘‘Docket No. FAA–2017–0248; Directorate Identifier 2016–NM–088–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD based on those comments. We will post all comments we receive, without change, to https:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD. Discussion On December 19, 2014, we issued AD 2014–26–10, Amendment 39–18061 (80 FR 2813, January 21, 2015) (‘‘AD 2014– 26–10’’), for all Airbus Model A318, A319, A320, and A321 series airplanes. AD 2014–26–10 was prompted by a determination that the maintenance actions for airplane systems susceptible to aging must be mandated. AD 2014– 26–10 requires revising the maintenance or inspection program to incorporate maintenance requirements and airworthiness limitations. We issued AD 2014–26–10 to mitigate the risks associated with aging effects of airplane systems. Such aging effects could change the characteristics of the systems leading to an increased potential for failure, which could result in failure of certain life-limited parts, and reduced structural integrity or reduced controllability of the airplane. Since we issued AD 2014–26–10, we have determined that more restrictive maintenance instructions and airworthiness limitations are necessary. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016–0093, dated May 13, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the E:\FR\FM\13APP1.SGM 13APP1

Agencies

[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Proposed Rules]
[Pages 17768-17770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07502]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / 
Proposed Rules

[[Page 17768]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 52

[Docket No. NRC-2015-0225]
RIN 3150-AJ68


Emergency Preparedness for Small Modular Reactors and Other New 
Technologies

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory basis; public meeting, and request for 
comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
comment on a draft regulatory basis to support a rulemaking that would 
develop new emergency preparedness (EP) requirements for small modular 
reactors (SMRs) and other new technologies (ONTs), such as non-light-
water reactors (non-LWRs) and medical isotope production facilities. 
The new EP regulations would be consequence-oriented, performance-
based, and technology inclusive to the extent possible, and continue to 
provide reasonable assurance of adequate protection of public health 
and safety. The new EP regulations would be applicable to SMR and ONT 
facilities only. Large light-water reactors (LWRs), fuel cycle 
facilities, research and test reactors and other non-power, non-
commercial, facilities are not in the scope of this rulemaking. The NRC 
plans to hold a public meeting to promote full understanding of the 
rulemaking and facilitate public participation.

DATES: Submit comments by June 27, 2017. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0225. 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 FOR FURTHER INFORMATION CONTACT section 
of this document.
     Email comments to: Rulemaking.Comments@nrc.gov. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
MD 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Andrew Carrera, Office of New 
Reactors, telephone: 301-415-1078, email: Andrew.Carrera@nrc.gov; and 
Arlon Costa, Office of New Reactors, telephone: 301-415-6402, email: 
Arlon.Costa@nrc.gov. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0225 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2015-0225.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at https://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 
draft regulatory basis document is available in ADAMS under Accession 
No. ML16309A332.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2015-0225 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Discussion

    The NRC is requesting comments on a draft regulatory basis to 
support a rulemaking that would amend part 50 of title 10 of the Code 
of Federal Regulations (10 CFR), ``Domestic Licensing of Production and 
Utilization Facilities,'' and part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants,'' by adopting new EP regulations 
for SMR and ONT licensees. The specific objectives of this rulemaking 
effort are to establish new EP requirements for SMR and ONT licensees 
that will recognize: (1) Distance to which planning for initiation of 
predetermined protective actions is warranted, (2) time-dependent

[[Page 17769]]

characteristics of potential releases and exposures, and (3) isotopic 
characteristics of radioactive materials that can potentially be 
released to the environment.
    The scope of the draft regulatory basis includes EP for new SMR and 
ONT facilities licensed under 10 CFR parts 50 and 52. Under current 
regulations for large LWR designs, the plume exposure pathway emergency 
planning zone (EPZ) size is about 10 miles (16 kilometers). However, 
SMRs and ONTs may have comparatively smaller reactor core size and also 
include passive design safety features, which result in potential 
accident releases and offsite radiation dose consequences that are 
smaller and may be delayed when compared to large LWRs. To account for 
this difference as compared to large LWRs, the NRC plans to develop a 
consequence-oriented, performance-based, and technology inclusive 
approach to EP for these SMR and ONT designs. With the proposed 
adoption of an approach for these designs where the plume exposure 
pathway EPZ size is scalable in proportion with potential accident 
consequences, the potential exists for this EPZ to be contained within 
the site boundary. The draft regulatory basis, in part, explains why 
the NRC believes the existing regulations should be updated, revised, 
and enhanced; presents alternatives to rulemaking; and discusses costs 
and other impacts of the potential changes.

III. Specific Requests for Comments

    The NRC is seeking comments and supporting rationale from the 
public on the following questions:

Scope of Draft Regulatory Basis

     Is the NRC considering an appropriate approach for each 
objective described in the draft regulatory basis?
     Section 3 of the draft regulatory basis discusses the 
regulatory concerns the NRC expects to address through rulemaking. 
Section 4 presents the intended regulatory changes to address those 
regulatory concerns, and also discusses alternatives to rulemaking 
considered by the NRC. Are there other regulatory concerns within or 
related to the scope of the rulemaking efforts (see Section 4) that the 
NRC should consider? Are there other approaches or alternatives the NRC 
should consider to resolve those regulatory concerns?
     Are there any other alternatives for EP for SMRs and ONTs 
to address beyond those discussed in the draft regulatory basis that 
the NRC should consider?
     Are there other EP related issues that the NRC staff 
should consider in further developing this regulatory basis?
     Is the scope of facilities to be included under the ONT 
umbrella (see Section 1.1) appropriate or can you suggest additions or 
deletions?

Performance-Based Approach

     What are the benefits of a performance-based EP approach, 
other than those described in the draft regulatory basis?
     Should the NRC continue research to establish performance-
based criteria specific for SMRs and ONTs in the EP area? Examples of 
such research that has been performed are discussed in SECY-14-0038, 
``Performance-Based Framework for Nuclear Power Plant Emergency 
Preparedness Oversight,'' (ADAMS Accession No. ML14259A589).
     Is it appropriate to establish combined risk-informed and 
performance-based criteria, and can you suggest EP areas or methods 
where they could successfully be implemented?

Regulatory Impacts

     Section 5 of the draft regulatory basis presents the NRC's 
initial consideration of costs and other impacts for a number of key 
aspects of the potential regulatory changes. This initial assessment is 
based on limited available data. The NRC is seeking additional data and 
input relative to expected and/or unintentional impacts from the 
desired regulatory changes. What would be the potential impacts to 
stakeholders, such as applicants, licensees, and the public, from 
implementing any of the desired regulatory changes described in this 
draft regulatory basis? We are also seeking comments on reasonable cost 
estimates for implementation of the EP for SMRs and ONTs regulations, 
including one-time startup cost and annual cost?
     What would the cost be for 10 CFR part 52 licensees to be 
licensed under the proposed performance-based EP approach? What would 
be the cost difference between this new EP approach and the current EP 
approach in 10 CFR part 50?
     What impacts, other than cost, would result from the 
rulemaking action under consideration?

IV. Cumulative Effects of Regulation

    The cumulative effects of regulation (CER) describes the challenges 
that licensees or other impacted entities (such as State agency 
partners, Tribal and local governments) may face while implementing new 
regulatory positions, programs, and requirements (e.g., rules, generic 
letters, backfits, inspections). The CER is an organizational challenge 
that results from a licensee or impacted entity implementing a number 
of complex positions, programs, or requirements within a limited 
implementation period and with available resources (which may include 
limited available expertise to address a specific issue). The NRC has 
implemented CER enhancements to the rulemaking process to facilitate 
public involvement throughout the rulemaking process. Therefore, the 
NRC is specifically requesting comments on the cumulative effects that 
may result from this proposed rulemaking. In developing comments on the 
draft regulatory basis, consider and provide comments on the following 
questions:
    1. In light of any current or projected CER challenges, what should 
be a reasonable effective date, compliance date, or submittal date(s) 
from the time the final rule is published to the actual implementation 
of any proposed requirements, including changes to programs, 
procedures, and the facility?
    2. If CER challenges currently exist or are expected, what should 
be done to address them? For example, if more time is required for 
subsequent implementation of the new requirements, what period of time 
is sufficient?
    3. Do other (NRC or other agency) regulatory actions (e.g., orders, 
generic communications, license amendment requests, and inspection 
findings of a generic nature) influence the subsequent implementation 
of the proposed rule's requirements?
    4. Are there unintended consequences? Does the draft regulatory 
basis create conditions that would be contrary to the draft regulatory 
basis' purpose and objectives? If so, what are the unintended 
consequences, and how should they be addressed?

V. Availability of Documents

    The NRC may post documents related to this rulemaking activity to 
the Federal rulemaking Web site at https://www.regulations.gov under 
Docket ID: NRC-2015-0225.
    The Federal rulemaking Web site allows you to receive alerts when 
changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder (NRC-2015-0225); (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

VI. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal

[[Page 17770]]

agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

VII. Public Meeting

    The NRC plans to hold a public meeting during the public comment 
period for this notice. The public meeting will provide a forum for the 
NRC staff to discuss the issues and questions with external 
stakeholders regarding the draft regulatory basis to add new EP 
requirements for SMRs and ONTs. The NRC does not intend to provide 
detailed responses to comments or other information submitted during 
the public meeting.
    The public meeting will be noticed on the NRC's public meeting Web 
site at least 10 calendar days before the meeting. Stakeholders should 
monitor the NRC's Public Meeting Schedule Web page for additional 
information about the public meeting at https://meetings.nrc.gov/pmns/mtg.
    The NRC will post a notice for the public meeting and may post 
additional material related to this action to the Federal rulemaking 
Web site at www.regulations.gov under Docket ID NRC-2015-0225.

    Dated at Rockville, Maryland, this 29th day of March 2017.

    For the Nuclear Regulatory Commission.
Robert K. Caldwell,
Acting Director, Division of Engineering and Infrastructure, Office of 
New Reactors.
[FR Doc. 2017-07502 Filed 4-12-17; 8:45 am]
 BILLING CODE 7590-01-P
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