Evaluating Deviations and Reporting Defects and Noncompliance, 36457-36458 [2017-16429]

Agencies

• NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Notices]
[Pages 36457-36458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16429]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0171]


Evaluating Deviations and Reporting Defects and Noncompliance

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft regulatory guide (DG), DG-1291, ``Evaluating 
Deviations and Reporting Defects and Noncompliance Under 10 CFR part 
21.'' This DG describes methods that the NRC staff considers acceptable 
for complying with the provisions of the regulations.

DATES: Submit comments by October 3, 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-2017-0171. 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: TWFN-8-D36M, 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: Paul Prescott, Office of New Reactors, 
telephone: 301-415-6263; email: Paul.Prescott@nrc.gov, and Stephen 
Burton, Office of Nuclear Regulatory Research, telephone: 301-415-7000; 
email: Stephen.Burton@nrc.gov. Both are staff 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-2017-0171 when contacting the NRC 
about the availability of information regarding 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-2017-0171.
     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 
DG is available in ADAMS under Accession No. ML16165A298.
     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-2017-0171 in your comment submission.
    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 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 draft regulatory 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 NRC's regulations, techniques that the staff uses in evaluating 
specific issues or postulated events, and data that the staff needs in 
its review of applications for permits and licenses.
    The draft regulatory guide, entitled, ``Evaluating Deviations and 
Reporting Defects and Noncompliance Under 10 CFR part 21,'' is a 
proposed new guide temporarily identified by its task number, DG-1291. 
The DG-1291 describes methods that the NRC staff considers acceptable 
for complying with the provisions of part 21 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Reporting of Defects and 
Noncompliance.''
    The DG-1291 provides licensees and applicants with formal guidance 
for an acceptable method of evaluating and reporting defects under 10 
CFR part 21. This new guidance will aid in minimizing compliance 
challenges to licensees and vendors that have been identified through 
inspection activities. Specifically, this DG approves NRC licensees' 
use of a method of evaluating and reporting defects described in NEI 
14-09, ``Guidelines for Implementations of 10 CFR part 21 Reporting of 
Defects

[[Page 36458]]

and Noncompliance,'' Revision 1 (ADAMS Accession No. ML16054A825).

III. Specific Request for Comments

    The NRC seeks comments on DG-1291, ``Evaluating Deviations and 
Reporting Defects and Noncompliance Under 10 CFR part 21,'' and 
requests feedback from commenters about potential regulatory positions 
that would: (1) Not approve alternative methods for addressing types 
and locations of postings required under Sec.  21.6 of the regulations 
in this part, Section 206 of the Energy Reorganization Act of 1974, and 
the procedures adopted pursuant to the regulations in part 21; and (2) 
describe training that should be provided for the implementation of 
procedures adopted pursuant to the regulations.
    1. The Nuclear Energy Institute (NEI) developed guidance on 
implementing the regulatory requirements in 10 CFR part 21. The 
guidance is contained in NEI 14-09, ``Guidelines for Implementation of 
10 CFR part 21 Reporting of Defects and Noncompliance,'' Revision 1 
dated August 2014. The guidance in NEI 14-09 interprets NRC's 
regulations to allow postings to be hard copies, digital copies, or a 
combination of both. In addition, links to electronic postings may be 
identified on ``sites'' commonly frequented by workers during the 
performance of work subject to 10 CFR part 21.
    The staff position regarding electronic versions of the documents 
required by 10 CFR part 21 was provided in ``NRC Responses to 10 CFR 
part 21 and Fuel Cycle Facility Questions Received during the Vendor 
Workshop on New Reactor Construction,'' in December 2008 (ADAMS 
Accession No. ML092660129). Question 27 asked, ``What are the posting 
requirements for work at home?'' The NRC staff's response stated, 
``Section 21.6 requires that every premise in the U.S. where activities 
subject to part 21 are conducted, posts current copies of (1) the 
regulations in part 21; (2) Section 206 of the Energy Reorganization 
Act of 1974; and (3) company procedures adopted pursuant to the 
regulations in part 21 must be posted in a conspicuous location. If 
work subject to part 21 is being done at a residence, then that 
location constitutes a premise for which the relevant notifications 
must be posted under Sec.  21.6. If posting of the regulations is not 
practicable at the residence, then the staff considers access to part 
21, Section 206, and the company's applicable part 21 reporting 
procedure, via the internet by `work at home' personnel to be 
adequate.''
    The NRC is seeking input regarding the adequacy of alternative 
posting methods and what additional clarity could be provided in the 
regulatory guide for addressing alternative types and locations of 
postings required under Sec.  21.6 for the regulations in this part, 
Section 206 of the Energy Reorganization Act of 1974, and the 
procedures adopted pursuant to the regulations in this part regardless 
of the work location.
    2. The guidance in NEI 14-09 states, ``10 CFR part 21 does not 
establish requirements for training of personnel involved in 10 CFR 
part 21 activities. However, as a good practice, appropriate 
familiarization and training in the requirements of 10 CFR part 21 
should be provided initially, and as appropriate on an ongoing basis, 
as necessary. As another good practice, an organization should 
designate individuals capable of assisting the staff in part 21 
evaluation, reporting requirements and training requirements.''
    The staff position regarding training of personnel involved in 10 
CFR part 21 activities was provided in NUREG-0302, ``Remarks Presented 
(Questions/Answers Discussed) at Public Regional Meetings to Discuss 
Regulations (10 CFR part 21) for Reporting of Defects and 
Noncompliance,'' Revision 1, dated July 1977 (ADAMS Accession No. 
ML062080399). Question 10 on page 21.61-4 asked, ``Can an organization 
be cited under part 21 for not conducting training on procedures 
required by part 21?'' The NRC staff's response stated, ``part 21 does 
not include a requirement for training.'' However, the NRC's current 
position is that training of personnel involved in 10 CFR part 21 
activities would be covered under 10 CFR 50.120, ``Training and 
qualification of nuclear power plant personnel.''
    The NRC is seeking input regarding the position proposed in DG-1291 
which approves NEI 14-09 for use because 10 CFR part 21 has no specific 
requirements for training and the regulation does not provide guidance 
requiring training of personnel.
    3. Are there topics that are not addressed in the RG that should be 
addressed? Conversely, are there topics addressed in the RG that need 
not be addressed?

IV. Backfitting and Issue Finality

    This DG approves a method for evaluating and reporting defects 
under 10 CFR part 21. Issuance of this DG, if finalized, would not 
constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) 
and would not otherwise be inconsistent with the issue finality 
provisions in 10 CFR part 52. As discussed in the ``Implementation'' 
section of this DG, the NRC has no current intention to impose this 
guide, if finalized, on holders of current operating licenses or 
combined licenses.

    Dated at Rockville, Maryland, this 26th day of July, 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. 2017-16429 Filed 8-3-17; 8:45 am]
 BILLING CODE 7590-01-P