Draft Regulatory Guide: Re-Issuance and Availability, 41527-41528 [2011-17734]

Download as PDF Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices Washington, DC 20506, or call 202–606– 8322. Michael P. McDonald, Management Officer, Advisory Committee. [FR Doc. 2011–17767 Filed 7–13–11; 8:45 am] BILLING CODE 7536–01–P NUCLEAR REGULATORY COMMISSION [NRC–2009–0262] Draft Regulatory Guide: Re-Issuance and Availability Nuclear Regulatory Commission. ACTION: Notice of Re-Issuance and Availability of Draft Regulatory Guide, DG–3037. AGENCY: FOR FURTHER INFORMATION CONTACT: wreier-aviles on DSKGBLS3C1PROD with NOTICES Kevin Morrissey, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, telephone: 301–492– 3130, e-mail: Kevin.Morrissey@nrc.gov, or, R. A. Jervey, telephone: 301–251– 7404, e-mail: Richard.Jervey@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft guide in the agency’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public information and methods that are acceptable to the NRC staff for implementing specific parts of the NRC’s regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications. The draft regulatory guide (DG), entitled, ‘‘Guidance for Fuel Cycle Facility Change Processes,’’ is temporarily identified by its task number, DG–3037, which should be mentioned in all related correspondence. DG–3037 will be a new regulatory guide. The guide was previously issued for public comment on June 29, 2009 (74 FR 31073). Public comments on the 2009 draft, and the NRC responses to those comments, may be found in the NRC’s Agencywide Document Access and Management System (ADAMS) under Accession Number ML100890028. As a result of considerations raised by stakeholders during the earlier public comment period, and ongoing NRC policy development, the 2009 draft DG–3037 has been revised, and the NRC is providing a comment period for members of the public to consider the re-issued draft DG–3037. VerDate Mar<15>2010 14:55 Jul 13, 2011 Jkt 223001 Title 10 of the Code of Federal Regulations, Part 70, ‘‘Domestic Licensing of Special Nuclear Material’’ (10 CFR Part 70) contains the regulations applicable to fuel cycle facility licensees that possess greater than a critical mass of special nuclear material. Such licensees are authorized to engage in enriched uranium processing, fabrication of uranium fuel or fuel assemblies, uranium enrichment, enriched uranium hexafluoride conversion, plutonium processing, and fabrication of mixed-oxide fuel or fuel assemblies. DG–3037 provides guidance on how to meet the requirements of 10 CFR 70.72, ‘‘Facility changes and change process.’’ with emphasis on the screening that is necessary to separate changes that do and do not require prior NRC approval. Fuel cycle facility licensees are required by 10 CFR 70.72(a) to establish a configuration management system to evaluate, implement, and track each change to the site, structures processes, systems, equipment, components, computer programs, and activities of personnel. Such changes may be made by the licensee without prior approval of the NRC, provided that the changes meet the criteria of 10 CFR 70.72(c). In a separate action, the NRC is developing guidance regarding a process for submitting requests to allow changes during construction for power reactors under 10 CFR Part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants.’’ The changes during construction guidance will be published in draft form for comment. After the changes during construction guidance is finalized, the NRC will consider whether similar guidance is appropriate for construction activities at those 10 CFR Part 40 and 10 CFR Part 70 licensed facilities which are subject to integrated safety analysis (ISA) requirements. Thus, DG–3037 may be subject to further revision after the 10 CFR Part 52 guidance is finalized, or separate guidance concerning changes during construction for fuel cycle facilities may be developed, II. Further Information The NRC staff is soliciting comments on DG–3037. Comments may be accompanied by relevant information or supporting data and should reference DG–3037 in the subject line. Comments submitted in writing or in electronic form will be made available to the public in their entirety through the NRC’s Agencywide Documents Access and Management System (ADAMS). ADDRESSES: Please include Docket ID NRC–2009–0262 in the subject line of your comments. Comments submitted in PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 41527 writing or in electronic form will be posted on the NRC Web site and on the Federal rulemaking Web site, https:// www.regulations.gov. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. You may submit comments by any one of the following methods: • Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC–2009–0262. Address questions about NRC dockets to Carol Gallagher, telephone: 301–492–3668; e-mail: Carol.Gallagher@nrc.gov. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: TWB–05– B01M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. • Fax comments to: RADB at 301– 492–3446. You can access publicly available documents related to this notice using the following methods: • NRC’s Public Document Room (PDR): The public may examine and have copied, for a fee, publicly available documents at the NRC’s PDR, O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • NRC’s Agencywide Documents Access and Management System (ADAMS): Publicly available documents created or received at the NRC are available online in the NRC Library at https://www.nrc.gov/reading-rm/ adams.html. From this page, the public can gain entry into ADAMS, which provides text and image files of the NRC’s public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC’s PDR reference staff at 1–800–397–4209, 301–415–4737, or by e-mail to pdr.resource@nrc.gov. The regulatory analysis is available electronically under ADAMS Accession Number ML110960217. • Federal Rulemaking Web Site: Public comments and supporting materials related to this notice can be E:\FR\FM\14JYN1.SGM 14JYN1 41528 Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Notices found at https://www.regulations.gov by searching on Docket ID NRC–2009– 0262. Comments would be most helpful if received by August 12, 2011. Comments received after that date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. Electronic copies of DG–3037 are available through the NRC’s public Web site under Draft Regulatory Guides in the ‘‘Regulatory Guides’’ collection of the NRC’s Electronic Reading Room at https://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also available in ADAMS (https:// www.nrc.gov/reading-rm/adams.html), under Accession No. ML110960051. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. I. Introduction Dated at Rockville, Maryland, this 1st day of July, 2011. For the Nuclear Regulatory Commission. Edward O’Donnell, Acting Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. The proposed licensing action is to renew Source Materials License SUA– 1341 for a 10-year period to authorize Uranium One USA, Inc. to continue ISR operations at the Irigaray and Christiansen Ranch facilities in Campbell and Johnson Counties, Wyoming. On May 30, 2008, COGEMA Mining, Inc. (COGEMA) submitted an application to renew Source Materials License SUA–1341. A Notice of License Renewal Request and an Opportunity for Hearing was published in the Federal Register on February 9, 2009 (74 FR 6436). In response, the Oglala Delegation of the Great Sioux Nation Treaty Council (Delegation) and the Powder River Basin Resource Council (Council) filed petitions to intervene and requests for hearing. For reasons stated in the Memorandum and Order LBP–09–13, dated July 23, 2009, the Atomic Safety and Licensing Board concluded that neither the Delegation nor the Council demonstrated standing as required by 10 CFR 2.309(a). Therefore, the petitions were denied. During the NRC’s review of the license renewal request, the Irigaray and Christensen Ranch ISR Project underwent a change in control from COGEMA Mining, Inc. to Uranium One, Inc. (Uranium One). Subsequently, the Irigaray and Christensen Ranch ISR Project underwent a second change in control and ownership from Uranium One to Rosatom, through JSC Atomredmetzoloto (ARMZ). While the parent company changed to Rosatom, Uranium One USA, Inc., a daughter [FR Doc. 2011–17734 Filed 7–13–11; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 40–8502; NRC–2009–0036] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Renewal for Uranium One USA Inc., Irigaray and Christensen Ranch Uranium In-Situ Recovery Projects (Willow Creek Project), Wyoming Nuclear Regulatory Commission. ACTION: Notice of availability. AGENCY: Ron C. Linton, Project Manager, Uranium Recovery Licensing Branch, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555. Telephone: 301–415–7777; Fax number: 301–415–5369; E-mail: Ron.Linton@nrc.gov. wreier-aviles on DSKGBLS3C1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 14:55 Jul 13, 2011 Jkt 223001 The U.S. Nuclear Regulatory Commission (NRC) is considering the renewal of Source Materials License SUA–1341 for the continued uranium production operations and the recovery of uranium by in-situ recovery (ISR) at the Irigaray and Christensen Ranch facilities in Johnson and Campbell Counties, Wyoming (Willow Creek Project). The NRC has prepared an Environmental Assessment (EA) in support of this proposed license renewal in accordance with the requirements of 10 CFR part 51. Based on the EA, the NRC has concluded that a Finding of No Significant Impact (FONSI) is appropriate. The NRC is also conducting a safety evaluation of the proposed license renewal, pursuant to 10 CFR part 40. The results of the safety evaluation will be documented in a separate Safety Evaluation Report. If approved, the NRC will issue the renewed license following the publication of this notice. II. EA Summary PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 company of Uranium One and Rosatom, remains the licensee. The staff has prepared an EA in support of the proposed license renewal. Staff considered the following environmental resource areas in its evaluation: Land use; transportation; socioeconomics; air quality; water quality and use; geology and soils; ecology; noise; historical and cultural; scenic and visual; public and occupational health and safety; and waste management. The environmental impacts on these resource areas were determined to be small. The license renewal request does not require altering the site footprint nor does it change the operating processes of the existing facility; therefore, there are no anticipated significant impacts on land use, noise, historic and cultural, scenic and visual, or ecological resources. The proposed action will not adversely affect Federal or state-listed threatened or endangered species. Public and occupational exposures are below the limit established in 10 CFR Part 20. Uranium One USA, Inc. maintains acceptable waste management practices and procedures. The staff concluded that the proposed 10-year renewal of Source Materials License SUA–1341 will not result in a significant impact to the environment. NRC staff consulted with other agencies regarding the proposed action, including the Wyoming State Historic and Preservation Office, Wyoming Department of Environmental Quality, Buffalo Field Office of the Bureau of Land Management, the Eastern Shoshone Tribe, the Northern Arapaho Tribe, the Northern Cheyenne Tribe, the Blackfeet Nation, Three Affiliated Tribes (Mandan, Hidatsa, and Arikara), the Ft. Peck Assiniboine/Sioux, the Oglala Sioux Tribe, the Crow Nation, and the Cheyenne River Sioux Tribe. The consultations ensured that the requirements of Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act were met and provided the designated state liaison agency the opportunity to comment on the proposed action. III. Finding of No Significant Impact On the basis of the EA, the NRC has concluded that the proposed license renewal will not significantly affect the quality of the human environment. Therefore, preparation of an environmental impact statement is not warranted for the proposed action and a finding of no significant impact is appropriate. E:\FR\FM\14JYN1.SGM 14JYN1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41527-41528]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17734]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0262]


Draft Regulatory Guide: Re-Issuance and Availability

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of Re-Issuance and Availability of Draft Regulatory 
Guide, DG-3037.

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

FOR FURTHER INFORMATION CONTACT: Kevin Morrissey, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-492-
3130, e-mail: Kevin.Morrissey@nrc.gov, or, R. A. Jervey, telephone: 
301-251-7404, e-mail: Richard.Jervey@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is issuing for public 
comment a draft guide in the agency's ``Regulatory Guide'' series. This 
series was developed to describe and make available to the public 
information and methods that are acceptable to the NRC staff for 
implementing specific parts of the NRC's regulations, techniques that 
the staff uses in evaluating specific problems or postulated accidents, 
and data that the staff needs in its review of applications.
    The draft regulatory guide (DG), entitled, ``Guidance for Fuel 
Cycle Facility Change Processes,'' is temporarily identified by its 
task number, DG-3037, which should be mentioned in all related 
correspondence. DG-3037 will be a new regulatory guide. The guide was 
previously issued for public comment on June 29, 2009 (74 FR 31073). 
Public comments on the 2009 draft, and the NRC responses to those 
comments, may be found in the NRC's Agencywide Document Access and 
Management System (ADAMS) under Accession Number ML100890028. As a 
result of considerations raised by stakeholders during the earlier 
public comment period, and ongoing NRC policy development, the 2009 
draft DG-3037 has been revised, and the NRC is providing a comment 
period for members of the public to consider the re-issued draft DG-
3037.
    Title 10 of the Code of Federal Regulations, Part 70, ``Domestic 
Licensing of Special Nuclear Material'' (10 CFR Part 70) contains the 
regulations applicable to fuel cycle facility licensees that possess 
greater than a critical mass of special nuclear material. Such 
licensees are authorized to engage in enriched uranium processing, 
fabrication of uranium fuel or fuel assemblies, uranium enrichment, 
enriched uranium hexafluoride conversion, plutonium processing, and 
fabrication of mixed-oxide fuel or fuel assemblies. DG-3037 provides 
guidance on how to meet the requirements of 10 CFR 70.72, ``Facility 
changes and change process.'' with emphasis on the screening that is 
necessary to separate changes that do and do not require prior NRC 
approval.
    Fuel cycle facility licensees are required by 10 CFR 70.72(a) to 
establish a configuration management system to evaluate, implement, and 
track each change to the site, structures processes, systems, 
equipment, components, computer programs, and activities of personnel. 
Such changes may be made by the licensee without prior approval of the 
NRC, provided that the changes meet the criteria of 10 CFR 70.72(c).
    In a separate action, the NRC is developing guidance regarding a 
process for submitting requests to allow changes during construction 
for power reactors under 10 CFR Part 52, ``Licenses, Certifications, 
and Approvals for Nuclear Power Plants.'' The changes during 
construction guidance will be published in draft form for comment. 
After the changes during construction guidance is finalized, the NRC 
will consider whether similar guidance is appropriate for construction 
activities at those 10 CFR Part 40 and 10 CFR Part 70 licensed 
facilities which are subject to integrated safety analysis (ISA) 
requirements. Thus, DG-3037 may be subject to further revision after 
the 10 CFR Part 52 guidance is finalized, or separate guidance 
concerning changes during construction for fuel cycle facilities may be 
developed,

II. Further Information

    The NRC staff is soliciting comments on DG-3037. Comments may be 
accompanied by relevant information or supporting data and should 
reference DG-3037 in the subject line. Comments submitted in writing or 
in electronic form will be made available to the public in their 
entirety through the NRC's Agencywide Documents Access and Management 
System (ADAMS).

ADDRESSES: Please include Docket ID NRC-2009-0262 in the subject line 
of your comments. Comments submitted in writing or in electronic form 
will be posted on the NRC Web site and on the Federal rulemaking Web 
site, https://www.regulations.gov. Because your comments will not be 
edited to remove any identifying or contact information, the NRC 
cautions you against including any information in your submission that 
you do not want to be publicly disclosed.
    The NRC requests that any party soliciting or aggregating comments 
received from other persons for submission to the NRC inform those 
persons that the NRC will not edit their comments to remove any 
identifying or contact information, and therefore, they should not 
include any information in their comments that they do not want 
publicly disclosed. You may submit comments by any one of the following 
methods:
     Federal Rulemaking Web Site: Go to https://www.regulations.gov and search for documents filed under Docket ID NRC-
2009-0262. Address questions about NRC dockets to Carol Gallagher, 
telephone: 301-492-3668; e-mail: Carol.Gallagher@nrc.gov.
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Fax comments to: RADB at 301-492-3446.
    You can access publicly available documents related to this notice 
using the following methods:
     NRC's Public Document Room (PDR): The public may examine 
and have copied, for a fee, publicly available documents at the NRC's 
PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, 
Maryland 20852.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): Publicly available documents created or received at the NRC 
are available online in the NRC Library at https://www.nrc.gov/reading-rm/adams.html. From this page, the public can gain entry into ADAMS, 
which provides text and image files of the NRC's public documents. If 
you do not have access to ADAMS or if there are problems in accessing 
the documents located in ADAMS, contact the NRC's PDR reference staff 
at 1-800-397-4209, 301-415-4737, or by e-mail to pdr.resource@nrc.gov. 
The regulatory analysis is available electronically under ADAMS 
Accession Number ML110960217.
     Federal Rulemaking Web Site: Public comments and 
supporting materials related to this notice can be

[[Page 41528]]

found at https://www.regulations.gov by searching on Docket ID NRC-2009-
0262.
    Comments would be most helpful if received by August 12, 2011. 
Comments received after that date will be considered if it is practical 
to do so, but the NRC is able to ensure consideration only for comments 
received on or before this date. Although a time limit is given, 
comments and suggestions in connection with items for inclusion in 
guides currently being developed or improvements in all published 
guides are encouraged at any time.
    Electronic copies of DG-3037 are available through the NRC's public 
Web site under Draft Regulatory Guides in the ``Regulatory Guides'' 
collection of the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/doc-collections/. Electronic copies are also available in 
ADAMS (https://www.nrc.gov/reading-rm/adams.html), under Accession No. 
ML110960051.
    Regulatory guides are not copyrighted, and Commission approval is 
not required to reproduce them.

    Dated at Rockville, Maryland, this 1st day of July, 2011.

    For the Nuclear Regulatory Commission.
Edward O'Donnell,
Acting Chief, Regulatory Guide Development Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2011-17734 Filed 7-13-11; 8:45 am]
BILLING CODE 7590-01-P

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