Dow Chemical Company, Dow TRIGA Research Reactor; License Renewal for the Dow Chemical TRIGA Research Reactor; Supplemental Information and Correction, 26811-26812 [2013-10927]
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mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
Inasmuch as the SRP merely
implements the AIA Rule, the SRP
introduces no new backfitting or issue
finality matters apart from those
addressed in the underlying rulemaking.
Therefore, the staff’s position is that the
NRC’s consideration of backfitting and
issue finality matters for the underlying
AIA rulemaking also serves as the NRC’s
consideration of the same backfitting
and issue finality matters for the
issuance of this SRP.
3. The NRC staff has no intention to
impose the SRP positions on current
licensees and regulatory approvals
either now or in the future.
The staff does not intend to impose or
apply the positions described in the SRP
to existing (already issued) licenses and
regulatory approvals. Hence, the
issuance of a final SRP—even if
considered guidance which is within
the purview of the issue finality
provisions in part 52—need not be
evaluated as if it were a backfit or as
being inconsistent with issue finality
provisions. If, in the future, the staff
seeks to impose a position in the SRP on
holders of already issued holders of
licenses SRP in a manner which does
not provide issue finality as described
in the applicable issue finality
provision, then the staff must make the
showing as set forth in the Backfit Rule
or address the criteria for avoiding issue
finality as described applicable issue
finality provision.
4. Backfitting and issue finality do
not—with limited exceptions not
applicable here—protect current or
future applicants.
Applicants and potential applicants
are not, with certain exceptions,
protected by either the Backfit Rule or
any issue finality provisions under part
52. This is because neither the Backfit
Rule nor the issue finality provisions
under part 52—with certain exclusions
discussed below—were intended to
apply to every NRC action which
substantially changes the expectations
of current and future applicants.
The exceptions to the general
principle are applicable whenever an
applicant references a part 52 license
(e.g., an early site permit) and/or NRC
regulatory approval (e.g., a design
certification rule) with specified issue
finality provisions. The staff does not, at
this time, intend to impose the positions
represented in the SRP in a manner that
is inconsistent with any issue finality
provisions. If, in the future, the staff
seeks to impose a position in the SRP in
a manner which does not provide issue
finality as described in the applicable
issue finality provision, then the staff
must address the criteria for avoiding
VerDate Mar<15>2010
17:56 May 07, 2013
Jkt 229001
issue finality as described in the
applicable issue finality provision.
Congressional Review Act
In accordance with the Congressional
Review Act, the NRC has determined
that this action is not a major rule and
has verified this determination with the
Office of Information and Regulatory
Affairs of the Office of Management and
Budget.
Dated at Rockville, Maryland, this 25th day
of April 2013.
For the Nuclear Regulatory Commission.
Anna Bradford,
Acting Chief, Policy Branch, Division of
Advanced Reactors and Rulemaking, Office
of New Reactors.
[FR Doc. 2013–10920 Filed 5–7–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–264; NRC–2012–0026]
Dow Chemical Company, Dow TRIGA
Research Reactor; License Renewal
for the Dow Chemical TRIGA Research
Reactor; Supplemental Information
and Correction
Nuclear Regulatory
Commission.
ACTION: Notice; supplemental
information and correction.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) published a notice
in the Federal Register on July 20, 2012
(77 FR 42771), ‘‘License Renewal for the
Dow Chemical TRIGA Research
Reactor,’’ to inform the public that the
NRC is considering issuance of a
renewed Facility License No. R–108 for
Dow Chemical Company which would
authorize continued operation of the
Dow TRIGA Research Reactor. The
notice provided the NRC staff’s review
of the Environmental Assessment and
Finding of No Significant Impact for the
Dow TRIGA Research Reactor. This
action is necessary to (1) correct a
typographical error in Section II.A.,
‘‘Radiological Impact;’’ and (2) provide
the public with supplemental
information regarding the U.S. Court of
Appeals Waste Confidence Ruling and
NRC staff review of the ruling showing
the non-applicability to research and
test reactor licensing.
ADDRESSES: Please refer to Docket ID
NRC–2012–0026 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and is publicly available,
using any of the following methods:
SUMMARY:
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
26811
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0026. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://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.
• 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.
FOR FURTHER INFORMATION CONTACT:
Geoffrey A. Wertz, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone 301–415–
0893, email: Geoffrey.Wertz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Correction
In the Federal Register (FR) of July
20, 2012, in FR Doc. 2012–17733, on
page 42772, in the second column, first
paragraph, second line, replace
‘‘retains’’ with ‘‘takes.’’
II. Supplemental Information
On June 8, 2012, the U.S. Court of
Appeals for the District of Columbia
Circuit found that some aspects of the
2010 Waste Confidence Rulemaking did
not satisfy the NRC’s National
Environmental Policy Act obligations
and vacated the rulemaking. On August
7, 2012, the Commission directed the
NRC staff not to issue any licenses
dependent on the Waste Confidence
Rule until the court’s remand has been
appropriately addressed. The NRC staff
analyzed the Waste Confidence Rule
(part 51.23 of Title 10 of the Code of
Federal Regulations (10 CFR),
‘‘Temporary Storage of Spent Fuel after
Cessation of Reactor Operation-Generic
Determination of No Significant
Environmental Impact’’), as well as
supplemental information, and
concluded that 10 CFR 51.23 does not
specifically refer to research and test
reactors (RTRs), only to power reactors
and independent spent fuel storage
E:\FR\FM\08MYN1.SGM
08MYN1
26812
Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
installations. As such, RTR licensing
does not rely or depend on the Waste
Confidence Rule. The NRC staff’s memo
documenting this review can be found
in the NRC’s Agencywide Documents
Access and Management System under
Accession No. ML13071A642.
Dated at Rockville, Maryland, this 1st day
of May 2013.
For the Nuclear Regulatory Commission.
Alexander Adams, Jr.,
Chief, Research and Test Reactors Licensing
Branch, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. 2013–10927 Filed 5–7–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–326; NRC–2010–0217]
University of California, Irvine; License
Renewal for University of California,
Irvine Nuclear Reactor Facility;
Supplemental Information
Nuclear Regulatory
Commission.
ACTION: Notice; supplemental
information.
AGENCY:
mstockstill on DSK4VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
The Nuclear Regulatory
Commission (NRC) published a notice
in the Federal Register on February 13,
2012 (77 FR 7610–7613), ‘‘Notice of
Availability of Environmental
Assessment and Finding of No
Significant Impact for the License
Renewal for University of California,
Irvine Nuclear Reactor Facility,’’ to
inform the public that the NRC is
considering issuance of a renewed
Facility License No. R–116 for the
Regents of the University of California
(the licensee) which would authorize
continued operation of the University of
California, Irvine Nuclear Reactor
Facility. The notice provided the NRC
staff’s review of the Environmental
Assessment and Finding of No
Significant Impact for the University of
California, Irvine Nuclear Reactor
Facility. This action is necessary to
provide the public with supplemental
information regarding the U.S. Court of
Appeals Waste Confidence Ruling and
NRC staff review of the ruling showing
the non-applicability to research and
test reactor licensing.
ADDRESSES: Please refer to Docket ID
NRC–2010–0217 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and is publicly available,
using any of the following methods:
SUMMARY:
VerDate Mar<15>2010
17:56 May 07, 2013
Jkt 229001
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2010–0217. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://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.
• 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.
Jason A. Lising, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone 301–415–
3841, email: Jason.Lising@nrc.gov.
On June 8,
2012, the U.S. Court of Appeals for the
District of Columbia Circuit found that
some aspects of the 2010 Waste
Confidence Rulemaking did not satisfy
the NRC’s National Environmental
Policy Act obligations and vacated the
rulemaking. On August 7, 2012, the
Commission directed the NRC staff not
to issue any licenses dependent on the
Waste Confidence Rule until the court’s
remand has been appropriately
addressed. NRC staff analyzed the Waste
Confidence Rule (part 51.23 of Title 10
of the Code of Federal Regulations (10
CFR), ‘‘Temporary Storage of Spent Fuel
after Cessation of Reactor OperationGeneric Determination of No Significant
Environmental Impact,’’) as well as
supplemental information, and
concluded that 10 CFR 51.23 does not
specifically refer to research and test
reactors (RTRs), only to power reactors
and independent spent fuel storage
installations. As such, RTR licensing
does not rely or depend on the Waste
Confidence Rule. The NRC staff’s memo
documenting this review can be found
in the NRC Agencywide Documents
Access and Management System under
Accession No. ML13071A642.
SUPPLEMENTARY INFORMATION:
Dated at Rockville, Maryland, this 1st day
of May, 2013.
PO 00000
Frm 00066
Fmt 4703
Sfmt 4703
For the Nuclear Regulatory Commission.
Alexander Adams, Jr.,
Chief, Research and Test Reactors Licensing
Branch, Division of Policy and Rulemaking,
Office of Nuclear Reactor Regulation.
[FR Doc. 2013–10925 Filed 5–7–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Request To Amend a License To
Export Radioactive Waste
Pursuant to 10 CFR 110.70 (b) ‘‘Public
Notice of Receipt of an Application,’’
please take notice that the Nuclear
Regulatory Commission (NRC) has
received the following request for an
export license amendment. Copies of
the request are available electronically
through ADAMS and can be accessed
through the Public Electronic Reading
Room (PERR) link https://www.nrc.gov/
reading-rm.html at the NRC Homepage.
A request for a hearing or petition for
leave to intervene may be filed within
thirty days after publication of this
notice in the Federal Register. Any
request for hearing or petition for leave
to intervene shall be served by the
requestor or petitioner upon the
applicant, the office of the General
Counsel, U.S. Nuclear Regulatory
Commission, Washington, DC 20555;
the Secretary, U.S. Nuclear Regulatory
Commission, Washington, DC 20555;
and the Executive Secretary, U.S.
Department of State, Washington, DC
20520.
A request for a hearing or petition for
leave to intervene may be filed with the
NRC electronically in accordance with
NRC’s E-Filing rule promulgated in
August 2007, 72 FR 49139 (Aug. 28,
2007). Information about filing
electronically is available on the NRC’s
public Web site at https://www.nrc.gov/
site-help/e-submittals.html. To ensure
timely electronic filing, at least 5 (five)
days prior to the filing deadline, the
petitioner/requestor should contact the
Office of the Secretary by email at
HEARINGDOCKET@NRC.GOV, or by
calling (301) 415–1677, to request a
digital ID certificate and allow for the
creation of an electronic docket.
In addition to a request for hearing or
petition for leave to intervene, written
comments, in accordance with 10 CFR
110.81, should be submitted within
thirty (30) days after publication of this
notice in the Federal Register to Office
of the Secretary, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, Attention: Rulemaking and
Adjudications.
E:\FR\FM\08MYN1.SGM
08MYN1
Agencies
[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26811-26812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10927]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 50-264; NRC-2012-0026]
Dow Chemical Company, Dow TRIGA Research Reactor; License Renewal
for the Dow Chemical TRIGA Research Reactor; Supplemental Information
and Correction
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice; supplemental information and correction.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published a
notice in the Federal Register on July 20, 2012 (77 FR 42771),
``License Renewal for the Dow Chemical TRIGA Research Reactor,'' to
inform the public that the NRC is considering issuance of a renewed
Facility License No. R-108 for Dow Chemical Company which would
authorize continued operation of the Dow TRIGA Research Reactor. The
notice provided the NRC staff's review of the Environmental Assessment
and Finding of No Significant Impact for the Dow TRIGA Research
Reactor. This action is necessary to (1) correct a typographical error
in Section II.A., ``Radiological Impact;'' and (2) provide the public
with supplemental information regarding the U.S. Court of Appeals Waste
Confidence Ruling and NRC staff review of the ruling showing the non-
applicability to research and test reactor licensing.
ADDRESSES: Please refer to Docket ID NRC-2012-0026 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and is publicly available, using any of the following
methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0026. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly available documents online in the NRC
Library 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.
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.
FOR FURTHER INFORMATION CONTACT: Geoffrey A. Wertz, Office of Nuclear
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001; telephone 301-415-0893, email: Geoffrey.Wertz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Correction
In the Federal Register (FR) of July 20, 2012, in FR Doc. 2012-
17733, on page 42772, in the second column, first paragraph, second
line, replace ``retains'' with ``takes.''
II. Supplemental Information
On June 8, 2012, the U.S. Court of Appeals for the District of
Columbia Circuit found that some aspects of the 2010 Waste Confidence
Rulemaking did not satisfy the NRC's National Environmental Policy Act
obligations and vacated the rulemaking. On August 7, 2012, the
Commission directed the NRC staff not to issue any licenses dependent
on the Waste Confidence Rule until the court's remand has been
appropriately addressed. The NRC staff analyzed the Waste Confidence
Rule (part 51.23 of Title 10 of the Code of Federal Regulations (10
CFR), ``Temporary Storage of Spent Fuel after Cessation of Reactor
Operation-Generic Determination of No Significant Environmental
Impact''), as well as supplemental information, and concluded that 10
CFR 51.23 does not specifically refer to research and test reactors
(RTRs), only to power reactors and independent spent fuel storage
[[Page 26812]]
installations. As such, RTR licensing does not rely or depend on the
Waste Confidence Rule. The NRC staff's memo documenting this review can
be found in the NRC's Agencywide Documents Access and Management System
under Accession No. ML13071A642.
Dated at Rockville, Maryland, this 1st day of May 2013.
For the Nuclear Regulatory Commission.
Alexander Adams, Jr.,
Chief, Research and Test Reactors Licensing Branch, Division of Policy
and Rulemaking, Office of Nuclear Reactor Regulation.
[FR Doc. 2013-10927 Filed 5-7-13; 8:45 am]
BILLING CODE 7590-01-P