Withdrawal of Regulatory Guides 1.38, 1.94, and 1.116, 54921-54922 [2010-22492]
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Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
The authority under which the
evidentiary hearing will be held is the
Atomic Energy Act, 42 U.S.C. 2231,
2239, and 2241. Unless otherwise
indicated, the evidentiary hearing on
the four admitted contentions will be
conducted pursuant to the NRC hearing
procedures set forth in 10 CFR Part 2,
Subpart L, 10 CFR 2.1200–2.1213.
During the course of this adjudicatory
proceeding, the Board may also hear
oral arguments as provided in 10 CFR
2.331 and may hold various prehearing
conferences pursuant to 10 CFR 2.329.
These may be held via teleconference,
video-conference, and/or in person.
Except where certain legally privileged
documents or testimony are being
heard, all of the proceedings will be
open to the public. See 10 CFR 2.328.
Prior to the evidentiary hearing and to
each oral argument or prehearing
conference, the Board will issue an
order, notice, and/or memorandum that
specifies the date, time and place of
such event. A copy of any such order,
notice and/or memorandum will be
made available to the public on the
Diablo Canyon ‘‘Board Orders’’ section
of the NRC Electronic Hearing Docket
found at https://ehd1.nrc.gov/EHD/. The
public should be aware that new
documents are regularly added to this
Web site as the parties file pleadings
and the Board issues orders or notices.
Therefore this Web site should be
monitored regularly by interested
members of the public. In addition, hard
copies of Board orders, notices and/or
memoranda are also available at the
NRC Public Document Room (PDR),
located at One White Flint North, 11555
Rockville Pike (first floor), Rockville,
Maryland. Finally, the public is advised
that the Secretary of the Commission
will give notice of a hearing (and of
other events in the proceeding) to any
member of the public who requests
it.3 See 10 CFR 2.315(b).
As provided in 10 CFR 2.315(a), any
person who is not a party to the
proceeding may, in the discretion of this
Board, be permitted to submit a written
limited appearance statement. Such
statements should focus on the admitted
contentions. Limited appearance
statements do not constitute legal
evidence, but they are placed in the
docket for the hearing. The limited
appearance statement is an opportunity
for a member of the public to inform the
Board and/or the parties of his or her
concerns, issues, and questions and
suggestions relating to the matters at
3 Any such request may be directed to the
Secretary of the Commission by electronic mail at
hearing.docket@nrc.gov or by telephone at 301–
415–1677.
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issue in the adjudicatory proceeding,
i.e., relating to the admitted contentions.
A written limited appearance
statement should be sent to the Office of
the Secretary using one of the following
methods: (1) Mail to the Office of the
Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, Attention: Rulemakings and
Adjudications Staff, with a copy to Alex
S. Karlin, the Chairman of this
Licensing Board at Mail Stop T–3F23,
Atomic Safety and Licensing Board
Panel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; (2) e-mail to the Office of the
Secretary at hearing.docket@nrc.gov,
with a copy to the Board Chairman
c/o Ashley Prange at
ashley.prange@nrc.gov; or (3) fax to the
Office of the Secretary at 301–415–1101
(facsimile verification number: 301–
415–1966), with a copy to the Board
Chairman at 301–415–5599 (facsimile
verification number: 301–415–7550).
The Board may, at a later time,
schedule a meeting where members of
the public may provide oral limited
appearance statements. If any such
session is scheduled, the Board will
issue a prior order or notice, which will
be posted in the Diablo Canyon Board
Orders section of the Electronic Hearing
Docket webpage at https://ehd1.nrc.gov/
EHD/.
The time and date of the evidentiary
hearing herein cannot be set at this time.
This is because the law specifies that, in
scheduling the evidentiary hearing, the
Board must ‘‘take into consideration the
NRC staff’s projected schedule for
completion of its safety and
environmental evaluations to ensure
that the hearing schedule does not
adversely impact the staff’s ability to
complete its reviews in a timely
manner.’’ 10 CFR 2.332(d). At the
moment, the NRC Staff estimates that its
Final Safety Evaluation Report will be
considered by the NRC Advisory
Committee on Reactor Safeguards in
July 2011 and that the Staff will issue
the Final Supplemental Environmental
Impact Statement in August 2011. But
the Staff’s schedule is subject to change.
The evidentiary hearing herein
concerning environmental matters is not
likely to commence until 3 or 4 months
after August 2011. See 10 CFR 2.332(d).
Documents relating to this
adjudicatory proceeding are available
for public inspection in the NRC’s
Electronic Hearing Docket at https://
ehd1.nrc.gov/EHD/. Those documents,
and some documents relating to the
Staff’s review of this license application,
are also available from the
Commission’s Public Document Room
or electronically from the publicly
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54921
available records component of NRC’s
document system (ADAMS). ADAMS is
accessible from the NRC Web site at
https://www.nrc.gov/reading-rm/
adams.html. Persons who do not have
access to ADAMS, or who encounter
problems in accessing the documents
located in ADAMS, should contact the
NRC PDR Reference staff by telephone
at 1–800–397–4209 or 301–415–4737, or
by e-mail at PDR.Resource@nrc.gov.
It is so ordered.
Dated: September 1, 2010.
For the Atomic Safety and Licensing
Board.
Alex S. Karlin,
Chairman, Administrative Judge, Rockville,
Maryland.
[FR Doc. 2010–22478 Filed 9–8–10; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2010–0295]
Withdrawal of Regulatory Guides 1.38,
1.94, and 1.116
Nuclear Regulatory
Commission.
ACTION: Withdrawal of three Regulatory
Guides: Regulatory Guide 1.38, ‘‘Quality
Assurance Requirements for Packaging,
Shipping, Receiving, Storage, and
Handling of Items for a Water-Cooled
Nuclear Power Plant,’’ dated May 1977;
Regulatory Guide 1.94, ‘‘Quality
Assurance Requirements for
Installation, Inspection, and Testing of
Structural Concrete, and Structural Steel
During the Construction Phase of
Nuclear Power Plants,’’ dated April
1976; and Regulatory Guide 1.116,
‘‘Quality Assurance Requirements for
Installation, Inspection, and Testing of
Mechanical Equipment and Systems,’’
dated May 1977.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Mark P. Orr, Regulatory Guide
Development Branch, Division of
Engineering, Office of Nuclear
Regulatory Research, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–251–
7495 or e-mail Mark.Orr@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is withdrawing
Regulatory Guide 1.38, ‘‘Quality
Assurance Requirements for Packaging,
Shipping, Receiving, Storage, and
Handling of Items for Water-Cooled
Nuclear Power Plants,’’ dated May 1977;
Regulatory Guide 1.94, ‘‘Quality
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mstockstill on DSKH9S0YB1PROD with NOTICES
54922
Federal Register / Vol. 75, No. 174 / Thursday, September 9, 2010 / Notices
Assurance Requirements for
Installation, Inspection, and Testing of
Structural Concrete, and Structural Steel
During the Construction Phase of
Nuclear Power Plants,’’ dated April
1976; and Regulatory Guide 1.116,
‘‘Quality Assurance Requirements for
Installation, Inspection, and Testing of
Mechanical Equipment and Systems,’’
dated May 1977.
Regulatory Guide 1.38 endorses the
American Society of Mechanical
Engineers (ASME) American National
Standard Institute (ANSI) Standard
N45.2.2—1972, ‘‘Packaging, Shipping,
Receiving, Storage and Handling of
Items for Nuclear Power Plants (During
the Construction Phase),’’ dated
December 20, 1972.
Regulatory Guide 1.94 endorses the
ASME/ANSI Standard N45.2.5—1974,
‘‘Supplementary Quality Assurance
Requirements for Installation,
Inspection, and Testing of Structural
Concrete and Structural Steel During the
Construction Phase of Nuclear Power
Plants,’’ dated July 8, 1974 and
American Concrete Institute (ACI)
standard 309–72, ‘‘Recommended
Practices for Consolidation of Concrete,’’
dated October 1, 1972.
Regulatory Guide 1.116 endorses
ASME/ANSI Standard N45.2—1975,
‘‘Supplementary Quality Assurance
Requirements for Installation,
Inspection and Testing of Mechanical
Equipment and Systems for the
Construction Phase of Nuclear Power
Plants,’’ dated May 20, 1975; U.S.
Atomic Energy Commission (USAEC)
Technical Reports WASH 1309,
‘‘Guidance on Quality Assurance
Requirements During the Construction
Phase of Nuclear Power Plants,’’ dated
May 10, 1974; and WASH–1284,
‘‘Guidance on Quality Assurance
Requirements During the Operations
Phase of Nuclear Power Plants,’’ dated
October 26, 1973.
The standards endorsed by Regulatory
Guides 1.38, 1.94, and 1.116 have been
superseded and replaced by the ASME/
ANSI Standard NQA–1, ‘‘Quality
Assurance Requirements for Nuclear
Facility Applications,’’ which is
endorsed by Title 10 of the Code of
Federal Regulations (10 CFR)
Subsection 50.55a, ‘‘Codes and
Standards,’’ (10 CFR 50.55a).
The quality assurance requirements in
10 CFR 50.55a paragraphs (b)(1)(iv),
‘‘Quality Assurance,’’ (b)(2)(x), ‘‘Quality
Assurance,’’ and (b)(2)(xxvii)(3)(i),
‘‘Quality Assurance’’ all state that the
requirements in specific editions and
addenda of NQA–1 are an acceptable
method of demonstrating compliance
with the quality assurance requirements
of Appendix B to 10 CFR part 50,
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‘‘Quality Assurance Criteria for Nuclear
Power Plants and Fuel Reprocessing
Plants.’’ In those cases where the
requirements of the licensee’s Appendix
B quality assurance program are more
stringent than those contained in NQA–
1, the licensee’s quality assurance
program applies.
Additional quality assurance
guidance for NRC staff, licensees, and
applicants may be found in NUREG–
0800, ‘‘Standard Review Plan,’’ Chapter
17, ‘‘Quality Assurance’’ as well as
Regulatory Guide 1.28, ‘‘Quality
Assurance Program Criteria (Design and
Construction)’’ which was revised and
issued in June 2010 to endorse (with
additions and modifications) the Part I
and Part II requirements of NQA–1–
2008 and the NQA 1a–2009 Addenda
for the implementation of a QA program
during the design and construction
phases of nuclear power plants and fuel
reprocessing facilities.
II. Further Information
The withdrawal of Regulatory Guides
1.38, 1.94, and 1.116 does not alter any
prior or existing licensing commitments
based on their use. The guidance
provided in these regulatory guides is
no longer necessary. Regulatory guides
may be withdrawn when their guidance
no longer provides useful information,
or is superseded by technological,
congressional actions, or other events.
Guides are revised for a variety of
reasons and the withdrawal of a
Regulatory Guide should be thought of
as the final revision of the guide.
Although a regulatory guide is
withdrawn, current licensees may
continue to use it, and withdrawal does
not affect any existing licenses or
agreements. Withdrawal means that the
guide should not be used for future NRC
licensing activities. Changes to existing
licenses would be accomplished using
other regulatory products.
Regulatory guides are available for
inspection or downloading through the
NRC’s public Web site under
‘‘Regulatory Guides’’ in the NRC’s
Electronic Reading Room at https://
www.nrc.gov/reading-rm/doccollections. Regulatory guides are also
available for inspection at the NRC’s
Public Document Room (PDR), Room O–
1 F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland
20852–2738. The PDR’s mailing address
is US NRC PDR, Washington, DC
20555–0001. You can reach the staff by
telephone at 301–415–4737 or 800–397–
4209, by fax at 301–415–3548, and by email to pdr.resource@nrc.gov.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
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Dated at Rockville, Maryland, this 31st day
of August 2010.
For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guide Development
Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. 2010–22492 Filed 9–8–10; 8:45 am]
BILLING CODE 7590–01–P
PENSION BENEFIT GUARANTY
CORPORATION
Submission of Information Collection
for OMB Review; Comment Request;
Annual Reporting and Disclosure
Pension Benefit Guaranty
Corporation.
ACTION: Notice of request for extension
of OMB approval.
AGENCY:
The Pension Benefit Guaranty
Corporation (PBGC) is requesting that
the Office of Management and Budget
(OMB) extend approval, under the
Paperwork Reduction Act, of the
collection of information for annual
reporting and disclosure under 29 CFR
part 2520 (OMB control number 1212–
0057, expires September 30, 2010),
without change. This notice informs the
public of PBGC’s intent and solicits
public comment on the collection of
information.
DATES: Comments must be submitted by
October 12, 2010.
ADDRESSES: Comments should be sent to
the Office of Information and Regulatory
Affairs, Office of Management and
Budget, Attention: Desk Officer for the
Pension Benefit Guaranty Corporation,
via electronic mail at
OIRA_DOCKET@omb.eop.gov or by fax
to 202–395–6974.
Copies of the collection of
information and PBGC’s request may
also be obtained without charge by
writing to the Disclosure Division,
Office of General Counsel, at the above
address or by visiting the Disclosure
Division or calling 202–326–4040
during normal business hours. (TTY/
TDD users may call the Federal relay
service toll-free at 1–800–877–8339 and
ask to be connected to 202–326–4040.)
FOR FURTHER INFORMATION CONTACT:
Grace Kraemer, Staff Attorney,
Legislative and Regulatory Department,
Pension Benefit Guaranty Corporation,
1200 K Street, NW., Washington, DC
20005–4026; 202–326–4024. (TTY/TDD
users may call the Federal relay service
toll-free at 1–800–877–8339 and ask to
be connected to 202–326–4024.)
SUPPLEMENTARY INFORMATION:
The Employee Retirement Income
Security Act of 1974 (ERISA) contains
SUMMARY:
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Agencies
[Federal Register Volume 75, Number 174 (Thursday, September 9, 2010)]
[Notices]
[Pages 54921-54922]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22492]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2010-0295]
Withdrawal of Regulatory Guides 1.38, 1.94, and 1.116
AGENCY: Nuclear Regulatory Commission.
ACTION: Withdrawal of three Regulatory Guides: Regulatory Guide 1.38,
``Quality Assurance Requirements for Packaging, Shipping, Receiving,
Storage, and Handling of Items for a Water-Cooled Nuclear Power
Plant,'' dated May 1977; Regulatory Guide 1.94, ``Quality Assurance
Requirements for Installation, Inspection, and Testing of Structural
Concrete, and Structural Steel During the Construction Phase of Nuclear
Power Plants,'' dated April 1976; and Regulatory Guide 1.116, ``Quality
Assurance Requirements for Installation, Inspection, and Testing of
Mechanical Equipment and Systems,'' dated May 1977.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Mark P. Orr, Regulatory Guide
Development Branch, Division of Engineering, Office of Nuclear
Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001, telephone: 301-251-7495 or e-mail Mark.Orr@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is withdrawing
Regulatory Guide 1.38, ``Quality Assurance Requirements for Packaging,
Shipping, Receiving, Storage, and Handling of Items for Water-Cooled
Nuclear Power Plants,'' dated May 1977; Regulatory Guide 1.94,
``Quality
[[Page 54922]]
Assurance Requirements for Installation, Inspection, and Testing of
Structural Concrete, and Structural Steel During the Construction Phase
of Nuclear Power Plants,'' dated April 1976; and Regulatory Guide
1.116, ``Quality Assurance Requirements for Installation, Inspection,
and Testing of Mechanical Equipment and Systems,'' dated May 1977.
Regulatory Guide 1.38 endorses the American Society of Mechanical
Engineers (ASME) American National Standard Institute (ANSI) Standard
N45.2.2--1972, ``Packaging, Shipping, Receiving, Storage and Handling
of Items for Nuclear Power Plants (During the Construction Phase),''
dated December 20, 1972.
Regulatory Guide 1.94 endorses the ASME/ANSI Standard N45.2.5--
1974, ``Supplementary Quality Assurance Requirements for Installation,
Inspection, and Testing of Structural Concrete and Structural Steel
During the Construction Phase of Nuclear Power Plants,'' dated July 8,
1974 and American Concrete Institute (ACI) standard 309-72,
``Recommended Practices for Consolidation of Concrete,'' dated October
1, 1972.
Regulatory Guide 1.116 endorses ASME/ANSI Standard N45.2--1975,
``Supplementary Quality Assurance Requirements for Installation,
Inspection and Testing of Mechanical Equipment and Systems for the
Construction Phase of Nuclear Power Plants,'' dated May 20, 1975; U.S.
Atomic Energy Commission (USAEC) Technical Reports WASH 1309,
``Guidance on Quality Assurance Requirements During the Construction
Phase of Nuclear Power Plants,'' dated May 10, 1974; and WASH-1284,
``Guidance on Quality Assurance Requirements During the Operations
Phase of Nuclear Power Plants,'' dated October 26, 1973.
The standards endorsed by Regulatory Guides 1.38, 1.94, and 1.116
have been superseded and replaced by the ASME/ANSI Standard NQA-1,
``Quality Assurance Requirements for Nuclear Facility Applications,''
which is endorsed by Title 10 of the Code of Federal Regulations (10
CFR) Subsection 50.55a, ``Codes and Standards,'' (10 CFR 50.55a).
The quality assurance requirements in 10 CFR 50.55a paragraphs
(b)(1)(iv), ``Quality Assurance,'' (b)(2)(x), ``Quality Assurance,''
and (b)(2)(xxvii)(3)(i), ``Quality Assurance'' all state that the
requirements in specific editions and addenda of NQA-1 are an
acceptable method of demonstrating compliance with the quality
assurance requirements of Appendix B to 10 CFR part 50, ``Quality
Assurance Criteria for Nuclear Power Plants and Fuel Reprocessing
Plants.'' In those cases where the requirements of the licensee's
Appendix B quality assurance program are more stringent than those
contained in NQA-1, the licensee's quality assurance program applies.
Additional quality assurance guidance for NRC staff, licensees, and
applicants may be found in NUREG-0800, ``Standard Review Plan,''
Chapter 17, ``Quality Assurance'' as well as Regulatory Guide 1.28,
``Quality Assurance Program Criteria (Design and Construction)'' which
was revised and issued in June 2010 to endorse (with additions and
modifications) the Part I and Part II requirements of NQA-1-2008 and
the NQA 1a-2009 Addenda for the implementation of a QA program during
the design and construction phases of nuclear power plants and fuel
reprocessing facilities.
II. Further Information
The withdrawal of Regulatory Guides 1.38, 1.94, and 1.116 does not
alter any prior or existing licensing commitments based on their use.
The guidance provided in these regulatory guides is no longer
necessary. Regulatory guides may be withdrawn when their guidance no
longer provides useful information, or is superseded by technological,
congressional actions, or other events.
Guides are revised for a variety of reasons and the withdrawal of a
Regulatory Guide should be thought of as the final revision of the
guide. Although a regulatory guide is withdrawn, current licensees may
continue to use it, and withdrawal does not affect any existing
licenses or agreements. Withdrawal means that the guide should not be
used for future NRC licensing activities. Changes to existing licenses
would be accomplished using other regulatory products.
Regulatory guides are available for inspection or downloading
through the NRC's public Web site under ``Regulatory Guides'' in the
NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/doc-collections. Regulatory guides are also available for inspection at the
NRC's Public Document Room (PDR), Room O-1 F21, One White Flint North,
11555 Rockville Pike, Rockville, Maryland 20852-2738. The PDR's mailing
address is US NRC PDR, Washington, DC 20555-0001. You can reach the
staff by telephone at 301-415-4737 or 800-397-4209, by fax at 301-415-
3548, and by e-mail to pdr.resource@nrc.gov.
Regulatory guides are not copyrighted, and NRC approval is not
required to reproduce them.
Dated at Rockville, Maryland, this 31st day of August 2010.
For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guide Development Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2010-22492 Filed 9-8-10; 8:45 am]
BILLING CODE 7590-01-P