Physical Inventories and Material Balances at Fuel Cycle Facilities, 11661-11662 [2017-03600]
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Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices
include editorial changes, and the
current program guidance for RGs.
Copies of ANSI/ANS–15.16–2015 may
be purchased from the American
Nuclear Society (ANS) Web site (https://
www.new.ans.org/store/); or by writing
to: American Nuclear Society, 555 North
Kensington Avenue, La Grange Park,
Illinois 60526, U.S.A., telephone: 1–
800–323–3044. Revising this regulatory
guide to adopt, in whole or in part, a
consensus standard is consistent with
the NRC policy of evaluating the latest
versions of national consensus
standards to determine their suitability
for endorsement by regulatory guides.
This approach also complies with the
NRC’s Management Directive (MD) 6.5,
‘‘NRC Participation in the Development
and Use of Consensus Standards’’
(ADAMS Accession No. ML16193A497),
and is in accordance with Public Law
104–113, ‘‘National Technology
Transfer and Advancement Act of
1995.’’
III. Backfitting
The regulatory positions held in this
DG demonstrate the method that the
NRC staff finds acceptable for an
applicant or holder of a license under 10
CFR part 50 for a research and test
reactor and other non-power production
or utilization facility to meet the
applicable emergency preparedness
requirements.
The issuance of the guidance in this
DG would not constitute ‘‘backfitting,’’
as that term is defined in 10 CFR 50.109,
‘‘Backfitting,’’ because non-power
production and utilization facility
licensees are not included within the
scope of entities protected by 10 CFR
50.109.
Dated at Rockville, Maryland, this 17th day
of February, 2017.
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. 2017–03601 Filed 2–23–17; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
asabaliauskas on DSK3SPTVN1PROD with NOTICES
[NRC–2017–0057]
Physical Inventories and Material
Balances at Fuel Cycle Facilities
Nuclear Regulatory
Commission.
ACTION: Draft regulatory guide; request
for comment.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing for public
SUMMARY:
VerDate Sep<11>2014
17:20 Feb 23, 2017
Jkt 241001
comment draft regulatory guide (DG),
DG- 5056, ‘‘Physical Inventories and
Material Balances at Fuel Cycle
Facilities.’’ This new regulatory guide
(RG) would provide implementing
guidance for material control and
accounting (MC&A) requirements in
NRC regulations related to the
performance, evaluation, and reporting
of physical inventories of special
nuclear material, and material balances
at fuel cycle facilities. Guidance on
these requirements was previously
provided in RG 5.13, ‘‘Conduct of
Nuclear Material Physical Inventories,’’
and RG 5.33, ‘‘Statistical Evaluation of
Material Unaccounted For,’’ that were
issued in 1973 and 1974, respectively.
Both RG 5.13 and RG 5.33 would be
withdrawn concurrent with issuance of
DG–5056 in final form.
DATES: Submit comments by April 25,
2017. Comments received after this date
will be considered if it is practical to do
so, but the NRC is able to ensure
consideration only for comments
received on or before this date.
Although a time limit is given,
comments and suggestions in
connection with items for inclusion in
guides currently being developed or
improvements in all published guides
are encouraged at any time.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specified subject):
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2017–0057. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Office of Administration, Mail Stop:
OWFN–12H08, 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:
Glenn Tuttle, Office of Nuclear Material
Safety and Safeguards, 301–415–7230,
email: Glenn.Tuttle@nrc.gov, or
Mekonen Bayssie, Office of Nuclear
Regulatory Research, 301–415–1699,
email: Mekonen.Bayssie@nrc.gov. Both
are staff members of the U.S. Nuclear
PO 00000
Frm 00139
Fmt 4703
Sfmt 4703
11661
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and
Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC–2017–
0057 when contacting the NRC about
the availability of information regarding
this action. You may obtain publicallyavailable 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–2017–0057.
• 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
ADAMS accession number for each
document referenced (if it is available in
ADAMS) is provided the first time that
it is mentioned in this document. The
DG–5056 is available in ADAMS under
Accession No. ML15268A458.
• 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–2017–
0057 in 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 your comment submission.
The NRC posts all comment
submissions at https://
www.regulations.gov as well as enters
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
E:\FR\FM\24FEN1.SGM
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11662
Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices
asabaliauskas on DSK3SPTVN1PROD with NOTICES
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Additional Information
The NRC is issuing for public
comment a DG 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
NRC’s regulations, techniques that the
staff uses in evaluating specific
problems or postulated events, and data
that the staff needs in its review of
applications for permits and licenses.
The DG, entitled ‘‘Physical Inventories
and Material Balances at Fuel Cycle
Facilities,’’ is a proposed new guide,
temporarily identified by its task
number, DG–5056. This new RG would
provide guidance for meeting the
nuclear material control and accounting
(MC&A) requirements in part 74 of title
10 of the Code of Federal Regulations
(10 CFR), ‘‘Material Control and
Accounting of Special Nuclear
Material,’’ that cover these topics. The
DG–5056 updates guidance previously
provided by:
• RG 5.13, ‘‘Conduct of Nuclear
Material Physical Inventories,’’
published in November 1973; and
• RG 5.33, ‘‘Statistical Evaluation of
Material Unaccounted For’’ published
in June 1974.
Due to several rulemakings that
occurred from 1985 to 2002, which
significantly amended the MC&A
requirements, the above regulatory
guides are now outdated as they no
longer cite the correct sections of the
regulations. Accordingly, RG 5.13 and
RG 5.33 will be withdrawn concurrent
with any later issuance of DG–5056 in
final form, as DG–5056 would provide
the correct citations to the 10 CFR part
74 regulations.
The NRC’s guidance on the MC&A
requirements pertaining to the
performance, evaluation, and reporting
of physical inventories and material
balances at fuel cycle facilities is also
provided in the following NUREGs that
were issued in conjunction with the
1985–2002, MC&A rulemakings:
• NUREG–1280, ‘‘Standard Format
and Content Acceptance Criteria for the
Material Control and Accounting
(MC&A) Reform Amendment,’’
applicable to facilities using formula
quantities of strategic SNM.
• NUREG–1065, ‘‘Acceptable
Standard Format and Content for the
Fundamental Nuclear Material Control
(FNMC) Plan Required for Low-
VerDate Sep<11>2014
17:20 Feb 23, 2017
Jkt 241001
Enriched Uranium Facilities,’’
applicable to fuel fabrication facilities
using low-enriched uranium.
• NUREG/CR–5734,
‘‘Recommendations to the NRC on
Acceptable Standard Format and
Content for the Fundamental Nuclear
Material Control (FNMC) Plan Required
for Low-Enriched Uranium Enrichment
Facilities,’’ applicable to uranium
enrichment plants.
This DG–5056 incorporates guidance
from these NUREGs that relates to
physical inventories and material
balances for SNM. In addition to
providing guidance on these topics, the
NUREGs listed above cover other MC&A
requirements as well. Accordingly,
these NUREGs would not be withdrawn
when DG–5056 is issued in final form.
III. Backfitting and Issue Finality
Issuance of DG–5056 in final form
would not constitute backfitting as
defined in 10 CFR 70.76 or violate the
issue finality provisions of part 52 for
several reasons. First, many of the
provisions in the guidance are only
updated to reflect the codification of
several MC&A provisions in part 74
from part 70, and do not represent
substantive changes. Second, DG–5056
would incorporate relevant guidance
from NUREG–1280, NUREG–1065, and
NUREG/CR–5734 and associated
rulemakings without making
substantive changes to those positions;
these rulemakings and guidance
considered the backfitting implications
of any new positions, as appropriate,
upon their issuance. Finally, as
discussed in the ‘‘Implementation’’
section of DG–5056, applicants and
licensees may voluntarily use its
guidance to demonstrate compliance
with the part 74 MC&A regulations
pertaining to the performance,
evaluation, and reporting of physical
inventories and material balances.
Alternate methods of demonstrating
such compliance may be deemed
acceptable if they provide sufficient
basis and information for the NRC staff
to verify that the proposed alternative
demonstrates compliance with the
relevant NRC regulations.
Accordingly, the issuance of this
guidance in final form would not
constitute a ‘‘new’’ or ‘‘different’’ staff
position within the definition of
‘‘backfitting’’ in 10 CFR 70.76 or the
issue finality provisions in part 52.
Dated at Rockville, Maryland, this 17th day
of February, 2017.
PO 00000
Frm 00140
Fmt 4703
Sfmt 4703
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. 2017–03600 Filed 2–23–17; 8:45 am]
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[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11661-11662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03600]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2017-0057]
Physical Inventories and Material Balances at Fuel Cycle
Facilities
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory guide; request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment draft regulatory guide (DG), DG- 5056, ``Physical
Inventories and Material Balances at Fuel Cycle Facilities.'' This new
regulatory guide (RG) would provide implementing guidance for material
control and accounting (MC&A) requirements in NRC regulations related
to the performance, evaluation, and reporting of physical inventories
of special nuclear material, and material balances at fuel cycle
facilities. Guidance on these requirements was previously provided in
RG 5.13, ``Conduct of Nuclear Material Physical Inventories,'' and RG
5.33, ``Statistical Evaluation of Material Unaccounted For,'' that were
issued in 1973 and 1974, respectively. Both RG 5.13 and RG 5.33 would
be withdrawn concurrent with issuance of DG-5056 in final form.
DATES: Submit comments by April 25, 2017. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date. Although a time limit is given, comments and suggestions in
connection with items for inclusion in guides currently being developed
or improvements in all published guides are encouraged at any time.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specified subject):
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0057. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12H08, 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: Glenn Tuttle, Office of Nuclear
Material Safety and Safeguards, 301-415-7230, email:
Glenn.Tuttle@nrc.gov, or Mekonen Bayssie, Office of Nuclear Regulatory
Research, 301-415-1699, email: Mekonen.Bayssie@nrc.gov. Both are staff
members of the U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2017-0057 when contacting the NRC
about the availability of information regarding this action. You may
obtain publically-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-2017-0057.
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
ADAMS accession number for each document referenced (if it is available
in ADAMS) is provided the first time that it is mentioned in this
document. The DG-5056 is available in ADAMS under Accession No.
ML15268A458.
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-2017-0057 in 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 your
comment submission. The NRC posts all comment submissions at https://www.regulations.gov as well as enters 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
[[Page 11662]]
submissions to remove such information before making the comment
submissions available to the public or entering the comment submissions
into ADAMS.
II. Additional Information
The NRC is issuing for public comment a DG 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
NRC's regulations, techniques that the staff uses in evaluating
specific problems or postulated events, and data that the staff needs
in its review of applications for permits and licenses. The DG,
entitled ``Physical Inventories and Material Balances at Fuel Cycle
Facilities,'' is a proposed new guide, temporarily identified by its
task number, DG-5056. This new RG would provide guidance for meeting
the nuclear material control and accounting (MC&A) requirements in part
74 of title 10 of the Code of Federal Regulations (10 CFR), ``Material
Control and Accounting of Special Nuclear Material,'' that cover these
topics. The DG-5056 updates guidance previously provided by:
RG 5.13, ``Conduct of Nuclear Material Physical
Inventories,'' published in November 1973; and
RG 5.33, ``Statistical Evaluation of Material Unaccounted
For'' published in June 1974.
Due to several rulemakings that occurred from 1985 to 2002, which
significantly amended the MC&A requirements, the above regulatory
guides are now outdated as they no longer cite the correct sections of
the regulations. Accordingly, RG 5.13 and RG 5.33 will be withdrawn
concurrent with any later issuance of DG-5056 in final form, as DG-5056
would provide the correct citations to the 10 CFR part 74 regulations.
The NRC's guidance on the MC&A requirements pertaining to the
performance, evaluation, and reporting of physical inventories and
material balances at fuel cycle facilities is also provided in the
following NUREGs that were issued in conjunction with the 1985-2002,
MC&A rulemakings:
NUREG-1280, ``Standard Format and Content Acceptance
Criteria for the Material Control and Accounting (MC&A) Reform
Amendment,'' applicable to facilities using formula quantities of
strategic SNM.
NUREG-1065, ``Acceptable Standard Format and Content for
the Fundamental Nuclear Material Control (FNMC) Plan Required for Low-
Enriched Uranium Facilities,'' applicable to fuel fabrication
facilities using low-enriched uranium.
NUREG/CR-5734, ``Recommendations to the NRC on Acceptable
Standard Format and Content for the Fundamental Nuclear Material
Control (FNMC) Plan Required for Low-Enriched Uranium Enrichment
Facilities,'' applicable to uranium enrichment plants.
This DG-5056 incorporates guidance from these NUREGs that relates
to physical inventories and material balances for SNM. In addition to
providing guidance on these topics, the NUREGs listed above cover other
MC&A requirements as well. Accordingly, these NUREGs would not be
withdrawn when DG-5056 is issued in final form.
III. Backfitting and Issue Finality
Issuance of DG-5056 in final form would not constitute backfitting
as defined in 10 CFR 70.76 or violate the issue finality provisions of
part 52 for several reasons. First, many of the provisions in the
guidance are only updated to reflect the codification of several MC&A
provisions in part 74 from part 70, and do not represent substantive
changes. Second, DG-5056 would incorporate relevant guidance from
NUREG-1280, NUREG-1065, and NUREG/CR-5734 and associated rulemakings
without making substantive changes to those positions; these
rulemakings and guidance considered the backfitting implications of any
new positions, as appropriate, upon their issuance. Finally, as
discussed in the ``Implementation'' section of DG-5056, applicants and
licensees may voluntarily use its guidance to demonstrate compliance
with the part 74 MC&A regulations pertaining to the performance,
evaluation, and reporting of physical inventories and material
balances. Alternate methods of demonstrating such compliance may be
deemed acceptable if they provide sufficient basis and information for
the NRC staff to verify that the proposed alternative demonstrates
compliance with the relevant NRC regulations.
Accordingly, the issuance of this guidance in final form would not
constitute a ``new'' or ``different'' staff position within the
definition of ``backfitting'' in 10 CFR 70.76 or the issue finality
provisions in part 52.
Dated at Rockville, Maryland, this 17th day of February, 2017.
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. 2017-03600 Filed 2-23-17; 8:45 am]
BILLING CODE 7590-01-P