Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors, 49279-49280 [2016-17696]

Download as PDF Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices Dated at Rockville, Maryland, this 18th day of July 2016. For the Nuclear Regulatory Commission. John R. Tappert, Director, Division of Decommissioning, Uranium Recovery and Waste Programs, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2016–17773 Filed 7–26–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2015–0278] Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors Nuclear Regulatory Commission. ACTION: Revision to regulatory guide; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Revison 1 to Regulatory Guide (RG) 1.219, ‘‘Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors.’’ This guidance has been updated to clarify how the guidance applies to emergency plan changes at facilities that have certified permanent cessation of operations. DATES: Revision 1 to RG 1.219 is available on July 27, 2016. ADDRESSES: Please refer to Docket ID NRC–2015–0278 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2015–0278 . Address questions about NRC dockets to Carol Gallagher; telephone: (301) 415–3463; 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 obtain publicly available documents online in the ADAMS Public Document collection 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 ADAMS accession number for each sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 document referenced in this notice (if that document is available in ADAMS) is provided the first time that a document is referenced. Revision 1 to Regulatory Guide 1.219, and the regulatory analysis may be found in ADAMS under Accession No. ML16061A104 and ML15054A368 respectively. • 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: Stephen F. LaVie, Office of Nuclear Security and Incident Response, telephone: 301–287–3741, email: Steve.LaVie@nrc.gov; and Mark Orr, Office of Nuclear Regulatory Research, telephone: 301–415–6003, email: Mark.Orr@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: I. Discussion The NRC is issuing a revision to an existing guide in the NRC’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public information regarding methods that are acceptable to the NRC staff for implementing specific parts of the agency’s regulations, techniques that the NRC staff uses in evaluating specific issues or postulated events, and data that the NRC staff needs in its review of applications for permits and licenses. Revision 1 of RG 1.219 was issued with a temporary identification of Draft Regulatory Guide, DG–1324. This revision of the guide (Revision 1) addresses how the staff regulatory guidance applies to emergency plan changes at facilities that have certified permanent cessation of operation under § 50.82 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Termination of License,’’ or § 52.110, ‘‘Termination of License,’’ as applicable. The NRC identified the need for this clarification because of the inappropriate application of the § 50.54(q) change process at sites that had permanently ceased operations in 2013. In addition, the NRC made some clarifications and format changes that did not change the intent of the guidance. II. Additional Information The NRC published a notice of the availability of DG–1324 in the Federal Register on December 24, 2015 (80 FR PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 49279 80396) for a 60-day public comment period. The public comment period closed on February 22, 2016. Public comments on DG–1324 and the NRC staff responses to the public comments are available in ADAMS under Accession No. ML16061A119. III. Congressional Review Act This regulatory guide 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. IV. Backfitting and Issue Finality Revision 1 of RG 1.219 describes methods that the staff of the NRC considers acceptable for nuclear power reactor licensees to change their emergency preparedness plans. Issuance of this RG does not constitute backfitting as defined in § 50.109 (the Backfit Rule) and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52. As discussed in the ‘‘Implementation’’ section of the RG, the NRC has no current intention to impose this RG on holders of current operating licenses or combined licenses. Moreover, explanations of the process by which a licensee makes changes to its emergency plan, provided in response to misinterpretations of the NRC’s regulations by licensees, do not constitute modifications of or additions to systems, structures, components, or design of a facility; or the procedures or organization required to design, construct or operate a facility within the meaning of § 50.109(a)(1). Accordingly, the issuance of this regulatory guide does not constitute ‘‘backfitting’’ as defined in § 50.109(a)(1) and is not otherwise inconsistent with the applicable issue finality provisions in 10 CFR part 52. Regulatory Guide 1.219 may be applied to applications for operating licenses and combined licenses docketed by the NRC as of the date of issuance of the final RG, as well as future applications for operating licenses and combined licenses submitted after the issuance of the RG. Such action would not constitute backfitting as defined in § 50.109(a)(1) or be otherwise inconsistent with the applicable issue finality provision in 10 CFR part 52 because such applicants or potential applicants are not within the scope of entities protected by the Backfit Rule or the relevant issue finality provisions in 10 CFR part 52. Dated at Rockville, Maryland, this 21 day of July 2016. E:\FR\FM\27JYN1.SGM 27JYN1 49280 Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2016–17696 Filed 7–26–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2016–0016] Information Collection: NRC Forms 366, 366A, and 366B, ‘‘Licensee Event Report’’ Nuclear Regulatory Commission. ACTION: Renewal of existing information collection; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing collection of information. The information collection is entitled, NRC Forms 366, 366A, and 366B, ‘‘Licensee Event Report.’’ DATES: Submit comments by September 26, 2016. 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: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2016–0016. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; 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: David Cullison, Office of the Chief Information Officer, Mail Stop: T–5 F53, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: David Cullison, Office of the Chief Information Officer U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; Telephone: 301–415– 2084; email: INFOCOLLECTS.Resource@ NRC.GOV. SUPPLEMENTARY INFORMATION: sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2016– 0016 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: • Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2016–0016. A copy of the collection of information and related instructions may be obtained without charge by accessing Docket ID NRC–2016–0016 on this Web site. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection 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. A copy of the collection of information and related instructions may be obtained without charge by accessing ADAMS Accession No. ML16077A065. The supporting statement and NRC Forms 366, 366A, and 366B, ‘‘Licensee Event Report,’’ are available in ADAMS under Accession No. ML16077A140. • 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. • NRC’s Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting NRC’s Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 2084; email: INFOCOLLECTS.Resource@ NRC.GOV. B. Submitting Comments Please include Docket ID NRC–2016– 0016 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 http:// www.regulations.gov as well as enter the PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 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. Background In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC is requesting public comment on its intention to request the OMB’s approval for the information collection summarized below. 1. The title of the information collection: NRC Forms 366, 366A, and 366B, ‘‘Licensee Event Report’’. 2. OMB approval number: 3150–0104. 3. Type of submission: Extension. 4. The form number, if applicable: NRC Forms 366, 366A, and 366B. 5. How often the collection is required or requested: As needed per § 50.73 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Licensee event report system.’’ The total number of reports is estimated to be 350 per year. 6. Who will be required or asked to respond: The holder of an operating license under 10 CFR part 50 or a combined license under 10 CFR part 52 (after the Commission has made the finding under § 52.103(g)). 7. The estimated number of annual responses: The total number of reports is estimated to be 350 per year. 8. The estimated number of annual respondents: 100. 9. The estimated number of hours needed annually to comply with the information collection requirement or request: The total estimated burden for completing Licensee Event Reports is 28,000 hours (based on 80 hours for each of 350 reports). 10. Abstract: Part of the NRC’s function is to license and regulate the operation of commercial nuclear power plants to ensure protection of public health and safety and the environment in accordance with the Atomic Energy Act of 1954 (the Act) as amended. In order for the NRC to carry out these responsibilities, licensees must report significant events in accordance with § 50.73, so that the NRC can evaluate the events to determine what actions, if any, E:\FR\FM\27JYN1.SGM 27JYN1

Agencies

[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49279-49280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17696]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0278]


Guidance on Making Changes to Emergency Plans for Nuclear Power 
Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Revision to regulatory guide; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revison 1 to Regulatory Guide (RG) 1.219, ``Guidance on Making Changes 
to Emergency Plans for Nuclear Power Reactors.'' This guidance has been 
updated to clarify how the guidance applies to emergency plan changes 
at facilities that have certified permanent cessation of operations.

DATES: Revision 1 to RG 1.219 is available on July 27, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0278 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0278 . Address 
questions about NRC dockets to Carol Gallagher; telephone: (301) 415-
3463; 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 obtain publicly available documents online in the 
ADAMS Public Document collection 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 
ADAMS accession number for each document referenced in this notice (if 
that document is available in ADAMS) is provided the first time that a 
document is referenced. Revision 1 to Regulatory Guide 1.219, and the 
regulatory analysis may be found in ADAMS under Accession No. 
ML16061A104 and ML15054A368 respectively.
     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: Stephen F. LaVie, Office of Nuclear 
Security and Incident Response, telephone: 301-287-3741, email: 
Steve.LaVie@nrc.gov; and Mark Orr, Office of Nuclear Regulatory 
Research, telephone: 301-415-6003, email: Mark.Orr@nrc.gov. Both are 
staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001.

SUPPLEMENTARY INFORMATION: 

I. Discussion

    The NRC is issuing a revision to an existing guide in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public information regarding methods that are 
acceptable to the NRC staff for implementing specific parts of the 
agency's regulations, techniques that the NRC staff uses in evaluating 
specific issues or postulated events, and data that the NRC staff needs 
in its review of applications for permits and licenses.
    Revision 1 of RG 1.219 was issued with a temporary identification 
of Draft Regulatory Guide, DG-1324. This revision of the guide 
(Revision 1) addresses how the staff regulatory guidance applies to 
emergency plan changes at facilities that have certified permanent 
cessation of operation under Sec.  50.82 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Termination of License,'' or Sec.  
52.110, ``Termination of License,'' as applicable. The NRC identified 
the need for this clarification because of the inappropriate 
application of the Sec.  50.54(q) change process at sites that had 
permanently ceased operations in 2013. In addition, the NRC made some 
clarifications and format changes that did not change the intent of the 
guidance.

II. Additional Information

    The NRC published a notice of the availability of DG-1324 in the 
Federal Register on December 24, 2015 (80 FR 80396) for a 60-day public 
comment period. The public comment period closed on February 22, 2016. 
Public comments on DG-1324 and the NRC staff responses to the public 
comments are available in ADAMS under Accession No. ML16061A119.

III. Congressional Review Act

    This regulatory guide 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.

IV. Backfitting and Issue Finality

    Revision 1 of RG 1.219 describes methods that the staff of the NRC 
considers acceptable for nuclear power reactor licensees to change 
their emergency preparedness plans. Issuance of this RG does not 
constitute backfitting as defined in Sec.  50.109 (the Backfit Rule) 
and is not otherwise inconsistent with the issue finality provisions in 
10 CFR part 52. As discussed in the ``Implementation'' section of the 
RG, the NRC has no current intention to impose this RG on holders of 
current operating licenses or combined licenses. Moreover, explanations 
of the process by which a licensee makes changes to its emergency plan, 
provided in response to misinterpretations of the NRC's regulations by 
licensees, do not constitute modifications of or additions to systems, 
structures, components, or design of a facility; or the procedures or 
organization required to design, construct or operate a facility within 
the meaning of Sec.  50.109(a)(1). Accordingly, the issuance of this 
regulatory guide does not constitute ``backfitting'' as defined in 
Sec.  50.109(a)(1) and is not otherwise inconsistent with the 
applicable issue finality provisions in 10 CFR part 52.
    Regulatory Guide 1.219 may be applied to applications for operating 
licenses and combined licenses docketed by the NRC as of the date of 
issuance of the final RG, as well as future applications for operating 
licenses and combined licenses submitted after the issuance of the RG. 
Such action would not constitute backfitting as defined in Sec.  
50.109(a)(1) or be otherwise inconsistent with the applicable issue 
finality provision in 10 CFR part 52 because such applicants or 
potential applicants are not within the scope of entities protected by 
the Backfit Rule or the relevant issue finality provisions in 10 CFR 
part 52.

    Dated at Rockville, Maryland, this 21 day of July 2016.


[[Page 49280]]


    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2016-17696 Filed 7-26-16; 8:45 am]
 BILLING CODE 7590-01-P