Decommissioning Planning During Operations, 663 [2012-31705]
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Federal Register
Vol. 78, No. 3
Friday, January 4, 2013
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 20, 30, 40, 50, 70, and 72
RIN 3150–AI55
[NRC–2011–0286]
Decommissioning Planning During
Operations
Nuclear Regulatory
Commission.
ACTION: Regulatory guide; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a new
regulatory guide (RG) 4.22,
‘‘Decommissioning Planning During
Operations.’’ The guide describes a
method that the NRC staff considers
acceptable for use by holders of licenses
in complying with the NRC’s
Decommissioning Planning Rule (DPR)
(76 FR 35512; June 17, 2011). The DPR
went into effect on December 17, 2012,
and is intended to minimize the
likelihood of new ‘‘legacy sites,’’ which
are NRC-licensed facilities with
insufficient resources to complete
decommissioning activities and
termination of a license at the end of
operations.
SUMMARY:
Please refer to Docket ID
NRC–2011–0286 when contacting the
NRC about the availability of
information regarding this document.
You may submit access information
related to this document, which the
NRC possesses and is publicly available,
using the following methods:
• Federal rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2011–0286. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
sroberts on DSK5SPTVN1PROD with
ADDRESSES:
VerDate Mar<15>2010
16:24 Jan 03, 2013
Jkt 229001
Library at http://www.nrc.gov/readingrm/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
regulatory guide is available
electronically under ADAMS Accession
Number ML12158A361. The regulatory
analysis may be found in ADAMS under
Accession No. ML12158A375.
• 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 NRC approval is not required to
reproduce them.
FOR FURTHER INFORMATION CONTACT:
Edward O’Donnell, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001, telephone: 301–251–
7455, email: Edward.ODonnell@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
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
such as methods that are acceptable to
the NRC staff for implementing specific
parts of the agency’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
for permits and licenses.
II. Further Information
RG 4.22 describes a method that the
NRC staff considers acceptable for use
by holders of licenses in complying
with the DPR. On December 13, 2011
(76 FR 77431), the NRC issued Draft
Regulatory Guide, DG–4014,
‘‘Decommissioning Planning During
Operations,’’ in the Federal Register
with a public comment period ending
on February 10, 2012. Subsequently, the
public comment period was extended
from February 10, 2012 to March 30,
2012 (77 FR 8751; February 15, 2012) to
allow more time for comment. In
addition, the NRC staff conducted a
workshop at NRC headquarters and a
concurrent webinar on July 12, 2012,
and the comments received at the
PO 00000
Frm 00001
Fmt 4700
Sfmt 9990
workshop were considered in the
revision of DG–4014. The written and
oral public comments suggested areas
that needed clarification, and the NRC
revised the draft guide to address these
areas. The public comments and NRC
staff response to them may be found in
ADAMS under Accession No.
ML12278A021.
III. Backfitting and Issue Finality
The statement of considerations for
the DPR discussed that rule’s
compliance with applicable backfitting
provisions (76 FR 35511, at 35562–63).
This regulatory guide presents the NRC
staff’s first guidance addressing
compliance with § 20.1501(a) and (b) of
Title 10 of the Code of Federal
Regulations (10 CFR) and the newlyadded paragraph (c) of 10 CFR 20.1406.
The first issuance of guidance on a
newly-changed or newly-added rule
provision does not constitute backfitting
or raise issue finality concerns,
inasmuch as the guidance must be
consistent with the regulatory
requirements in the newly-changed or
newly-added rule provisions and the
backfitting and issue finality
considerations applicable to the newlychanged or newly-added rule provisions
must logically apply to this guidance.
Therefore, issuance of guidance
addressing the newly-changed and
newly-added provisions of the amended
rule does not constitute issuance of
‘‘changed’’ or ‘‘new’’ guidance within
the meaning of the definition of
‘‘backfitting’’ in 10 CFR 50.109(a)(1).
Similarly, the issuance of the guidance
addressing the newly-changed or newlyadded provisions of the amended rule,
by itself, does not constitute an action
inconsistent with any of the issue
finality provisions in 10 CFR part 52.
Accordingly, no further consideration of
backfitting or issue finality is needed as
part of the issuance of this guidance
addressing compliance with the newlychanged provisions of § 20.1501 and
newly-added paragraph (c) of § 20.1406.
Dated at Rockville, Maryland, this 27th day
of December, 2012.
For the Nuclear Regulatory Commission.
Jazel D. Parks,
Acting Chief, Regulatory Guide Development
Branch, Division of Engineering, Office of
Nuclear Regulatory Research.
[FR Doc. 2012–31705 Filed 1–3–13; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\04JAR1.SGM
04JAR1
Agencies
[Federal Register Volume 78, Number 3 (Friday, January 4, 2013)]
[Rules and Regulations]
[Page 663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31705]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 78, No. 3 / Friday, January 4, 2013 / Rules
and Regulations
[[Page 663]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 20, 30, 40, 50, 70, and 72
RIN 3150-AI55
[NRC-2011-0286]
Decommissioning Planning During Operations
AGENCY: Nuclear Regulatory Commission.
ACTION: Regulatory guide; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new
regulatory guide (RG) 4.22, ``Decommissioning Planning During
Operations.'' The guide describes a method that the NRC staff considers
acceptable for use by holders of licenses in complying with the NRC's
Decommissioning Planning Rule (DPR) (76 FR 35512; June 17, 2011). The
DPR went into effect on December 17, 2012, and is intended to minimize
the likelihood of new ``legacy sites,'' which are NRC-licensed
facilities with insufficient resources to complete decommissioning
activities and termination of a license at the end of operations.
ADDRESSES: Please refer to Docket ID NRC-2011-0286 when contacting the
NRC about the availability of information regarding this document. You
may submit access information related to this document, which the NRC
possesses and is publicly available, using the following methods:
Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0286. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library 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 regulatory guide is
available electronically under ADAMS Accession Number ML12158A361. The
regulatory analysis may be found in ADAMS under Accession No.
ML12158A375.
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 NRC approval is not required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Edward O'Donnell, U.S. Nuclear
Regulatory Commission, Washington, DC 20555-0001, telephone: 301-251-
7455, email: Edward.ODonnell@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
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 such as methods that are acceptable to the NRC staff
for implementing specific parts of the agency'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
for permits and licenses.
II. Further Information
RG 4.22 describes a method that the NRC staff considers acceptable
for use by holders of licenses in complying with the DPR. On December
13, 2011 (76 FR 77431), the NRC issued Draft Regulatory Guide, DG-4014,
``Decommissioning Planning During Operations,'' in the Federal Register
with a public comment period ending on February 10, 2012. Subsequently,
the public comment period was extended from February 10, 2012 to March
30, 2012 (77 FR 8751; February 15, 2012) to allow more time for
comment. In addition, the NRC staff conducted a workshop at NRC
headquarters and a concurrent webinar on July 12, 2012, and the
comments received at the workshop were considered in the revision of
DG-4014. The written and oral public comments suggested areas that
needed clarification, and the NRC revised the draft guide to address
these areas. The public comments and NRC staff response to them may be
found in ADAMS under Accession No. ML12278A021.
III. Backfitting and Issue Finality
The statement of considerations for the DPR discussed that rule's
compliance with applicable backfitting provisions (76 FR 35511, at
35562-63). This regulatory guide presents the NRC staff's first
guidance addressing compliance with Sec. 20.1501(a) and (b) of Title
10 of the Code of Federal Regulations (10 CFR) and the newly-added
paragraph (c) of 10 CFR 20.1406. The first issuance of guidance on a
newly-changed or newly-added rule provision does not constitute
backfitting or raise issue finality concerns, inasmuch as the guidance
must be consistent with the regulatory requirements in the newly-
changed or newly-added rule provisions and the backfitting and issue
finality considerations applicable to the newly-changed or newly-added
rule provisions must logically apply to this guidance. Therefore,
issuance of guidance addressing the newly-changed and newly-added
provisions of the amended rule does not constitute issuance of
``changed'' or ``new'' guidance within the meaning of the definition of
``backfitting'' in 10 CFR 50.109(a)(1). Similarly, the issuance of the
guidance addressing the newly-changed or newly-added provisions of the
amended rule, by itself, does not constitute an action inconsistent
with any of the issue finality provisions in 10 CFR part 52.
Accordingly, no further consideration of backfitting or issue finality
is needed as part of the issuance of this guidance addressing
compliance with the newly-changed provisions of Sec. 20.1501 and
newly-added paragraph (c) of Sec. 20.1406.
Dated at Rockville, Maryland, this 27th day of December, 2012.
For the Nuclear Regulatory Commission.
Jazel D. Parks,
Acting Chief, Regulatory Guide Development Branch, Division of
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2012-31705 Filed 1-3-13; 8:45 am]
BILLING CODE 7590-01-P