Conducting the Section 106 Process of the National Historic Preservation Act for Uranium Recovery Licensing Actions, 52374-52375 [2014-20996]

Download as PDF 52374 Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Notices Proposed Revision ADAMS Accession No. Document title Interim Staff Guidance–026, Environmental Issues Associated with New Reactors ...................... Attachment 1—Staff Guidance for Greenhouse Gas and Climate Change Impacts ...................... Attachment 2—Staff Guidance for Socioeconomics and Environmental Justice ........................... Attachment 3—Staff Guidance for Cultural and Historical Resources ........................................... Attachment 4—Staff Guidance for Cumulative Impacts .................................................................. Attachment 5—Staff Guidance for Need for Power ........................................................................ Attachment 6—Staff Guidance for Alternatives ............................................................................... ADAMS Accession No. ML14049A011 ........... ML13347B127 ........... mstockstill on DSK4VPTVN1PROD with NOTICES ........... ........... ........... ........... ........... ........... ........... ML13350A059. ML13350A134. ML13350A399. ML13347B223. ML13347B214. ML13350A444. ML13347B173. Document title Interim Staff Guidance 26–27 Comment Resolution Summary Table. Interim Staff Guidance 26–27 Comment Resolution Detailed Table. The NRC staff issues COL/ESP–ISGs to facilitate timely implementation of current staff guidance and to facilitate activities associated with review of applications for ESPs, design certifications, and COLs by the Office of New Reactors. The NRC staff intends to incorporate the final approved COL/ ESP–ISG–026 into the next revision of the Environmental Standard Review Plan and related guidance documents. The NRC posts all final ISGs on the NRC’s public Web page at https:// www.nrc.gov/reading-rm/doccollections/isg/, which is where the public may easily obtain access to COL/ ESP–ISG–026. Backfitting and Issue Finality Issuance of this ISG does not constitute backfitting as defined in § 50.109 of Title 10 of the Code of Federal Regulations (10 CFR) (the Backfit Rule), or be regarded as backfitting under Commission and Executive Director for Operations guidance, and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52. The NRC staff’s position is based upon the following considerations. 1. The ISG positions do not constitute backfitting, inasmuch as the ESRP is internal guidance to NRC staff The ISG provides interim guidance to the staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either nuclear power plant applicants or licensees are protected under either the Backfit Rule or the issue finality provisions of 10 CFR part 52. 2. Backfitting and issue finality do not—with limited exceptions not applicable here—protect current or future applicants Applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality VerDate Mar<15>2010 ML14092A402 ML14100A157 ML14100A535 ML14100A025 ML14100A454 ML14100A461 ML14100A471 Redline ADAMS Accession No. 17:40 Sep 02, 2014 Jkt 232001 provisions under 10 CFR part 52. This is because neither the Backfit Rule nor the issue finality provisions under 10 CFR 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 10 CFR part 52 license (e.g., an ESP) 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 ISG in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the ISG 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 issue finality as described in the applicable issue finality provision. 3. The NRC’s consideration of environmental impacts to address the requirements of the National Environmental Policy Act of 1969 (NEPA) are outside the scope of matters subject to backfitting protection, and are not a violation of issue finality provisions The NRC’s consideration of environmental impacts to address the requirements of the National Environmental Policy Act of 1969 (NEPA), and an applicant’s submission of environmental information needed to support the NRC’s consideration of environmental impacts under NEPA, do not fall within the scope of matters which constitute backfitting. Consideration of environmental impacts to address NEPA compliance falls within the scope of matters protected under issue finality provisions of an ESP and a COL application referencing an ESP. However, this protection PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 applies only after an ESP is issued, or if a COL application references an ESP. The NRC staff does not intend to apply the guidance to already-issued ESPs or COL applications referencing an ESP. Therefore, issuance of this ISG does not constitute a violation or inconsistency of the issue finality provisions applicable to ESPs or COL applications referencing an ESP. Congressional Review Act This ISG is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. Dated at Rockville, Maryland, this 25th day of August, 2014. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, Division of Advanced Reactor and Rulemaking, Office of New Reactors. [FR Doc. 2014–20976 Filed 9–2–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2014–0142] Conducting the Section 106 Process of the National Historic Preservation Act for Uranium Recovery Licensing Actions Nuclear Regulatory Commission. ACTION: Draft interim staff guidance; extension of public comment period. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) published on June 18, 2014, a notice requesting public comment on draft Interim Staff Guidance (ISG), FSME–ISG–02, ‘‘Guidance for Conducting the Section 106 Process of the National Historic Preservation Act for Uranium Recovery SUMMARY: E:\FR\FM\03SEN1.SGM 03SEN1 Federal Register / Vol. 79, No. 170 / Wednesday, September 3, 2014 / Notices • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2014–0142. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection 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. The draft ISG, FSME–ISG–02, is available in ADAMS under Accession No. ML14163A049. • 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. I. Obtaining Information and Submitting Comments mstockstill on DSK4VPTVN1PROD with NOTICES Licensing Actions.’’ The purpose of this notice is to extend the comment period for the draft ISG. The public comment period was originally scheduled to close on September 2, 2014. The NRC has decided to extend the public-comment period on this document until November 17, 2014, to allow more time for members of the public to submit their comments. DATES: The due date of comments requested in the document published on June 18, 2014 (79 FR 34792) is extended. Comments should be filed no later than November 17, 2014. Comments received after this date will be considered, if it is practical to do so, but the Commission 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 https://www.regulations.gov and search for Docket ID NRC–2014–0142. 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, Office of Administration, Mail Stop: 3WFN–06– 44M, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on accessing information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Diana Diaz Toro, Office of Federal and State Materials and Environmental Management Programs, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 0930; email: Diana.Diaz-Toro@nrc.gov. SUPPLEMENTARY INFORMATION: II. Discussion On June 18, 2014 (79 FR 34792), the NRC published a request for public comments on draft ISG FSME–ISG–02, ‘‘Guidance for Conducting the Section 106 Process of the National Historic Preservation Act for Uranium Recovery Licensing Actions.’’ The purpose of this draft ISG is to assist NRC staff in conducting the Section 106 process of A. Obtaining Information Please refer to Docket ID NRC–2014– 0142 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: VerDate Mar<15>2010 17:40 Sep 02, 2014 Jkt 232001 B. Submitting Comments Please include Docket ID NRC–2014– 0142 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 in comment submissions that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into ADAMS, and 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 into ADAMS. PO 00000 Frm 00079 Fmt 4703 Sfmt 4703 52375 the National Historic Preservation Act of 1966, as amended (NHPA), specific to uranium recovery licensing actions. This guidance document is primarily intended for the NRC staff and does not impose regulatory requirements. This draft ISG also provides useful information to participants in the Section 106 process for uranium recovery licensing actions. The public comment period was originally scheduled to close on September 2, 2014. The NRC has decided to extend the public comment period on this document until November 17, 2014, to allow more time for members of the public to submit their comments. Dated at Rockville, Maryland, this 26th day of August 2014. For the U.S. Nuclear Regulatory Commission. Andrew Persinko, Deputy Director, Decommissioning and Uranium Recovery Licensing Directorate, Division of Waste Management and Environmental Protection, Office of Federal and State Materials and Environmental Management Programs. [FR Doc. 2014–20996 Filed 9–2–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 72–10; NRC–2013–0002] Northern States Power Company; Prairie Island Independent Spent Fuel Storage Installation Nuclear Regulatory Commission. ACTION: License amendment application; opportunity to request a hearing and to petition for leave to intervene. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) has docketed a license amendment application from Northern States Power Company (NSPM). NSPM is requesting a revision to the Technical Specifications of the TN–40 and TN–40HT casks utilized at the Prairie Island Independent Spent Fuel Storage Installation located in Welch, Minnesota. The NRC is evaluating whether approval of this request would be categorically excluded from the requirement to prepare an environmental assessment. DATES: A request for a hearing must be filed by November 3, 2014. Any potential party as defined in § 2.4 of Title 10 of the Code of Federal Regulations (10 CFR), who believes access to SUNSI is necessary to respond to this notice must request document access by September 15, 2014. SUMMARY: E:\FR\FM\03SEN1.SGM 03SEN1

Agencies

[Federal Register Volume 79, Number 170 (Wednesday, September 3, 2014)]
[Notices]
[Pages 52374-52375]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20996]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0142]


Conducting the Section 106 Process of the National Historic 
Preservation Act for Uranium Recovery Licensing Actions

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft interim staff guidance; extension of public comment 
period.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) published on June 
18, 2014, a notice requesting public comment on draft Interim Staff 
Guidance (ISG), FSME-ISG-02, ``Guidance for Conducting the Section 106 
Process of the National Historic Preservation Act for Uranium Recovery

[[Page 52375]]

Licensing Actions.'' The purpose of this notice is to extend the 
comment period for the draft ISG. The public comment period was 
originally scheduled to close on September 2, 2014. The NRC has decided 
to extend the public-comment period on this document until November 17, 
2014, to allow more time for members of the public to submit their 
comments.

DATES: The due date of comments requested in the document published on 
June 18, 2014 (79 FR 34792) is extended. Comments should be filed no 
later than November 17, 2014. Comments received after this date will be 
considered, if it is practical to do so, but the Commission 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 https://www.regulations.gov and search for Docket ID NRC-2014-0142. 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, Office of Administration, Mail 
Stop: 3WFN-06-44M, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Diana Diaz Toro, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-
0930; email: Diana.Diaz-Toro@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2014-0142 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2014-0142.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection 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. The 
draft ISG, FSME-ISG-02, is available in ADAMS under Accession No. 
ML14163A049.
     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-2014-0142 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 in comment submissions that you do not want to be publicly 
disclosed in your comment submission. The NRC will post all comment 
submissions at https://www.regulations.gov as well as enter the comment 
submissions into ADAMS, and 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 into ADAMS.

II. Discussion

    On June 18, 2014 (79 FR 34792), the NRC published a request for 
public comments on draft ISG FSME-ISG-02, ``Guidance for Conducting the 
Section 106 Process of the National Historic Preservation Act for 
Uranium Recovery Licensing Actions.'' The purpose of this draft ISG is 
to assist NRC staff in conducting the Section 106 process of the 
National Historic Preservation Act of 1966, as amended (NHPA), specific 
to uranium recovery licensing actions. This guidance document is 
primarily intended for the NRC staff and does not impose regulatory 
requirements. This draft ISG also provides useful information to 
participants in the Section 106 process for uranium recovery licensing 
actions. The public comment period was originally scheduled to close on 
September 2, 2014. The NRC has decided to extend the public comment 
period on this document until November 17, 2014, to allow more time for 
members of the public to submit their comments.

    Dated at Rockville, Maryland, this 26th day of August 2014.

    For the U.S. Nuclear Regulatory Commission.
Andrew Persinko,
 Deputy Director, Decommissioning and Uranium Recovery Licensing 
Directorate, Division of Waste Management and Environmental Protection, 
Office of Federal and State Materials and Environmental Management 
Programs.
[FR Doc. 2014-20996 Filed 9-2-14; 8:45 am]
BILLING CODE 7590-01-P
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