Proposed Guidance for Fuel Cycle Facility; Material Control and Accounting Plans and Completing NRC Form 327, 67223-67225 [2013-25612]

Download as PDF Vol. 78 Friday, No. 217 November 8, 2013 Part II Nuclear Regulatory Commission emcdonald on DSK67QTVN1PROD with PROPOSALS2 10 CFR Parts 40, 70, 72, et al. Proposed Guidance for Fuel Cycle Facility; Material Control and Accounting Plans and Completing NRC Form 327 and Amendments to Material Control and Accounting Regulations; Proposed Rules VerDate Mar<15>2010 17:55 Nov 07, 2013 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\08NOP2.SGM 08NOP2 67224 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Proposed Rules Nuclear Regulatory Commission 10 CFR Parts 40, 70, 72, 74, and 150 [NRC–2013–0195] RIN 3150–AI61 Proposed Guidance for Fuel Cycle Facility; Material Control and Accounting Plans and Completing NRC Form 327 Nuclear Regulatory Commission. ACTION: Draft NUREGs; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is making available for public comment the following draft NUREGs: NUREG–1280, Revision 2, ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Strategic Special Nuclear Material;’’ NUREG–2159, ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Special Nuclear Material of Moderate Strategic Significance;’’ NUREG–1065, Revision 3, ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Special Nuclear Material of Low Strategic Significance;’’ NUREG–2158 (formerly NUREG/CR–5734), ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Low Enriched Uranium Enrichment Facilities;’’ and NUREG/BR–0096, Revision 2, ‘‘Instructions and Guidance for Completing Physical Inventory Summary Reports.’’ The NUREGs support a proposed rule (RIN 3150– AI61; NRC–2009–0096) amending the NRC’s MC&A regulations applicable to various types of special nuclear material (SNM). The proposed rule is being published in the Proposed Rule section of this issue of the Federal Register. DATES: Submit comments by February 18, 2014. Comments received after this date will be considered if it is practical to do so, but the NRC staff 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 (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0195. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For emcdonald on DSK67QTVN1PROD with PROPOSALS2 SUMMARY: VerDate Mar<15>2010 17:55 Nov 07, 2013 Jkt 232001 technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: 3WFN–06A– 44MP, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Thomas Pham, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–287–9132, email: Tom.Pham@ nrc.gov. SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2013– 0195 when contacting the NRC about the availability of information regarding this notice. You may access publicly available information by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0195. • 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/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. For the convenience of the reader, the ADAMS accession numbers are provided in a table in Section III, ‘‘Availability of Documents,’’ of this document. • 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–2013– 0195 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in you comment submission. The NRC will post all comment submissions at http:// 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 submissions into ADAMS. II. Discussion Draft NUREGs 1280, 2159, and 1065 provide fuel cycle licensees (i.e., those authorized to hold strategic SNM, SNM of moderate strategic significance, and SNM of low strategic significance, respectively) guidance to facilitate compliance with applicable provisions in part 74 of Title 10 of the Code of Federal Regulations (10 CFR), ‘‘Material Control and Accounting of Special Nuclear Material.’’ Draft NUREG–2158 provides similar guidance to the subset of licensees authorized to hold SNM of low strategic significance who engage in uranium enrichment operations. Except for NUREG–2159—which is a new NUREG for any future licensees and applicants who may request authorization to hold SNM of moderate strategic significance—the NUREGs would revise existing guidance. The NUREGs are being revised to incorporate the proposed changes and enhancements to 10 CFR part 74. Generally, the four draft guidance documents discuss acceptable methods licensees and applicants may use to prepare and implement their MC&A plans, and how the NRC will review and inspect these plans. Additionally, these four draft NUREGs address: (1) The proposed general performance objectives; (2) the proposed MC&A program capabilities to meet those objectives; and (3) the incorporation of checks and balances to detect falsification of data and reports that could conceal the theft or diversion of SNM. The SNM licensees can find instructions on the following in NUREG/BR–0096: (1) Using NRC Form 327 to report inventory differences (IDs) E:\FR\FM\08NOP2.SGM 08NOP2 67225 Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Proposed Rules and (2) associated information needed to evaluate IDs. Such IDs may result from the physical inventories required by 10 CFR 74.31(c)(5), 74.33(c)(4), 74.43(c)(7), or 74.59(f). We are revising NUREG/BR–0096 to update and clarify its terms. III. Availability of Documents Document ADAMS Accession No. NUREG–1280, Revision 2, ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Strategic Special Nuclear Material’’. NUREG–2159, ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Special Nuclear Material of Moderate Strategic Significance’’. NUREG–1065, Revision 3, ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Special Nuclear Material of Low Strategic Significance’’. NUREG–2158, (formerly NUREG/CR–5734) ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for Low Enriched Uranium Enrichment Facilities’’. NUREG/BR–0096, Revision 2, ‘‘Instructions and Guidance for Completing Physical Inventory Summary Reports’’ ....................... ML13253A308 Dated at Rockville, Maryland, this September 17, 2013. For the Nuclear Regulatory Commission. Marissa G. Bailey, Director, Division of Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2013–25612 Filed 11–7–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION 10 CFR Parts 40, 70, 72, 74, and 150 [NRC–2009–0096] RIN 3150–AI61 Amendments to Material Control and Accounting Regulations Nuclear Regulatory Commission. ACTION: Proposed rule. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend its regulations for material control and accounting (MC&A) of special nuclear material (SNM). The goal of this rulemaking is to revise and consolidate the MC&A requirements in order to update, clarify, and strengthen them. The proposed amendments add new requirements that would apply to NRC licensees who are authorized to possess SNM in a quantity greater than 350 grams. DATES: Submit comments on the rule by February 18, 2014. Submit comments specific to the information collections aspects of this rule by December 9, 2013. Comments received after these dates will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before these dates. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different emcdonald on DSK67QTVN1PROD with PROPOSALS2 SUMMARY: VerDate Mar<15>2010 17:55 Nov 07, 2013 Jkt 232001 method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2009–0096. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual 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 20555–0001, ATTN: Rulemakings and Adjudications Staff. • Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301–415–1677. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Thomas Young, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 5795, email: Thomas.Young@nrc.gov. SUPPLEMENTARY INFORMATION: I. Accessing Information and Submitting Comments II. Introduction and Summary of Proposed Revisions to MC&A Regulations III. Specific Request for Comments on the Proposed New Requirements IV. Discussion A. Whom would this action affect? PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 ML13253A310 ML13253A305 ML13253A309 ML13253A303 B. Why are the requirements being revised? C. When would these actions become effective? D. How does the NRC use a graded approach for MC&A? E. What are the changes to the general performance objectives? F. Are sealed sources included in the general performance requirements for Category II and III facilities? G. Why would newly defined terms be added to 10 CFR 74.4? H. Why would the term, ‘‘effective kilograms of special nuclear material,’’ be removed from 10 CFR part 74? I. Why would appendix A to 10 CFR part 74 be added? J. Why would references to the MC&A ‘‘system’’ be changed to the MC&A ‘‘program,’’ and why would ‘‘MC&A plan’’ replace ‘‘FNMC plan?’’ K. What would change in the reporting requirements to the NMMSS, including those that ISFSIs are subject to? L. Is a two-person rule included as part of this proposed rule? M. Why would requirements be added to designate material balance areas, item control areas, and custodians? N. Why would calendar days be inserted into 10 CFR part 74? O. Would the implementation guidance documents be updated for the MC&A program? P. Would there be changes for item controls or physical inventories? Q. Why would an exception be added to 10 CFR 74.15(b)(2)? R. Are there any cumulative effects of regulation associated with this rule? S. What should I consider as I prepare my comments to the NRC? V. Discussion of Proposed Amendments by Section VI. Availability of Documents VII. Criminal Penalties VIII. Agreement State Compatibility IX. Plain Writing X. Voluntary Consensus Standards XI. Environmental Assessment and Finding of No Significant Environmental Impact: Availability XII. Paperwork Reduction Act Statement XIII. Regulatory Analysis XIV. Regulatory Flexibility Certification XV. Backfitting and Issue Finality E:\FR\FM\08NOP2.SGM 08NOP2

Agencies

[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Proposed Rules]
[Pages 67223-67225]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25612]



[[Page 67223]]

Vol. 78

Friday,

No. 217

November 8, 2013

Part II





Nuclear Regulatory Commission





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10 CFR Parts 40, 70, 72, et al.





Proposed Guidance for Fuel Cycle Facility; Material Control and 
Accounting Plans and Completing NRC Form 327 and Amendments to Material 
Control and Accounting Regulations; Proposed Rules

Federal Register / Vol. 78 , No. 217 / Friday, November 8, 2013 / 
Proposed Rules

[[Page 67224]]


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Nuclear Regulatory Commission

10 CFR Parts 40, 70, 72, 74, and 150

[NRC-2013-0195]
RIN 3150-AI61


Proposed Guidance for Fuel Cycle Facility; Material Control and 
Accounting Plans and Completing NRC Form 327

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft NUREGs; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is making 
available for public comment the following draft NUREGs: NUREG-1280, 
Revision 2, ``Acceptable Standard Format and Content for the Material 
Control and Accounting (MC&A) Plan Required for Strategic Special 
Nuclear Material;'' NUREG-2159, ``Acceptable Standard Format and 
Content for the Material Control and Accounting (MC&A) Plan Required 
for Special Nuclear Material of Moderate Strategic Significance;'' 
NUREG-1065, Revision 3, ``Acceptable Standard Format and Content for 
the Material Control and Accounting (MC&A) Plan Required for Special 
Nuclear Material of Low Strategic Significance;'' NUREG-2158 (formerly 
NUREG/CR-5734), ``Acceptable Standard Format and Content for the 
Material Control and Accounting (MC&A) Plan Required for Low Enriched 
Uranium Enrichment Facilities;'' and NUREG/BR-0096, Revision 2, 
``Instructions and Guidance for Completing Physical Inventory Summary 
Reports.'' The NUREGs support a proposed rule (RIN 3150-AI61; NRC-2009-
0096) amending the NRC's MC&A regulations applicable to various types 
of special nuclear material (SNM). The proposed rule is being published 
in the Proposed Rule section of this issue of the Federal Register.

DATES: Submit comments by February 18, 2014. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
staff 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 
(unless this document describes a different method for submitting 
comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0195. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: 3WFN-06A-44MP, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Thomas Pham, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-287-9132, email: 
Tom.Pham@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0195 when contacting the NRC 
about the availability of information regarding this notice. You may 
access publicly available information by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0195.
     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. For the convenience of the 
reader, the ADAMS accession numbers are provided in a table in Section 
III, ``Availability of Documents,'' of this document.
     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-2013-0195 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in you 
comment submission. The NRC will post all comment submissions at http://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 submissions into ADAMS.

II. Discussion

    Draft NUREGs 1280, 2159, and 1065 provide fuel cycle licensees 
(i.e., those authorized to hold strategic SNM, SNM of moderate 
strategic significance, and SNM of low strategic significance, 
respectively) guidance to facilitate compliance with applicable 
provisions in part 74 of Title 10 of the Code of Federal Regulations 
(10 CFR), ``Material Control and Accounting of Special Nuclear 
Material.'' Draft NUREG-2158 provides similar guidance to the subset of 
licensees authorized to hold SNM of low strategic significance who 
engage in uranium enrichment operations. Except for NUREG-2159--which 
is a new NUREG for any future licensees and applicants who may request 
authorization to hold SNM of moderate strategic significance--the 
NUREGs would revise existing guidance. The NUREGs are being revised to 
incorporate the proposed changes and enhancements to 10 CFR part 74.
    Generally, the four draft guidance documents discuss acceptable 
methods licensees and applicants may use to prepare and implement their 
MC&A plans, and how the NRC will review and inspect these plans. 
Additionally, these four draft NUREGs address: (1) The proposed general 
performance objectives; (2) the proposed MC&A program capabilities to 
meet those objectives; and (3) the incorporation of checks and balances 
to detect falsification of data and reports that could conceal the 
theft or diversion of SNM. The SNM licensees can find instructions on 
the following in NUREG/BR-0096: (1) Using NRC Form 327 to report 
inventory differences (IDs)

[[Page 67225]]

and (2) associated information needed to evaluate IDs. Such IDs may 
result from the physical inventories required by 10 CFR 74.31(c)(5), 
74.33(c)(4), 74.43(c)(7), or 74.59(f). We are revising NUREG/BR-0096 to 
update and clarify its terms.

III. Availability of Documents

------------------------------------------------------------------------
                   Document                       ADAMS  Accession No.
------------------------------------------------------------------------
NUREG-1280, Revision 2, ``Acceptable Standard   ML13253A308
 Format and Content for the Material Control
 and Accounting (MC&A) Plan Required for
 Strategic Special Nuclear Material''.
NUREG-2159, ``Acceptable Standard Format and    ML13253A310
 Content for the Material Control and
 Accounting (MC&A) Plan Required for Special
 Nuclear Material of Moderate Strategic
 Significance''.
NUREG-1065, Revision 3, ``Acceptable Standard   ML13253A305
 Format and Content for the Material Control
 and Accounting (MC&A) Plan Required for
 Special Nuclear Material of Low Strategic
 Significance''.
NUREG-2158, (formerly NUREG/CR-5734)            ML13253A309
 ``Acceptable Standard Format and Content for
 the Material Control and Accounting (MC&A)
 Plan Required for Low Enriched Uranium
 Enrichment Facilities''.
NUREG/BR-0096, Revision 2, ``Instructions and   ML13253A303
 Guidance for Completing Physical Inventory
 Summary Reports''.
------------------------------------------------------------------------


    Dated at Rockville, Maryland, this September 17, 2013.

    For the Nuclear Regulatory Commission.
Marissa G. Bailey,
Director, Division of Fuel Cycle Safety and Safeguards, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 2013-25612 Filed 11-7-13; 8:45 am]
BILLING CODE 7590-01-P