Regulatory Improvements for Power Reactors Transitioning to Decommissioning, 55954-55955 [2017-25552]
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55954
Proposed Rules
Federal Register
Vol. 82, No. 226
Monday, November 27, 2017
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 26, 50, 52, 73, and 140
[NRC–2015–0070]
RIN 3150–AJ59
Regulatory Improvements for Power
Reactors Transitioning to
Decommissioning
Nuclear Regulatory
Commission.
ACTION: Regulatory basis.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is publishing a
regulatory basis to support a rulemaking
that would amend the NRC’s regulations
for the decommissioning of nuclear
power reactors. The NRC’s goals in
amending these regulations would be to
provide for an efficient
decommissioning process; reduce the
need for exemptions from existing
regulations; address other
decommissioning issues deemed
relevant by the NRC staff; and support
the principles of good regulation,
including openness, clarity, and
reliability.
SUMMARY:
The regulatory basis is available
on November 27, 2017.
ADDRESSES: Please refer to Docket ID
NRC–2015–0070 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–2015–0070. 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.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly-
pmangrum on DSK3GDR082PROD with PROPOSALS1
DATES:
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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 the SUPPLEMENTARY
INFORMATION section. The regulatory
basis can be accessed in ADAMS at
accession number ML17215A010.
• 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.
FOR FURTHER INFORMATION CONTACT:
Alysia G. Bone, Office of Nuclear
Material Safety and Safeguards,
telephone: 301–415–1034, email:
Alysia.Bone@nrc.gov; U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001.
SUPPLEMENTARY INFORMATION: On
December 30, 2014, the Commission
directed the NRC staff to proceed with
a rulemaking on power reactor
decommissioning in the staff
requirements memorandum (SRM) for
SECY–14–0118, ‘‘Request by Duke
Energy Florida, Inc., for Exemptions
from Certain Emergency Planning
Requirements’’ (ADAMS Accession No.
ML14364A111). The Commission also
stated that the rulemaking should
address: Issues discussed in SECY–00–
0145, ‘‘Integrated Rulemaking Plan for
Nuclear Power Plant Decommissioning’’
(ADAMS Accession No. ML003721626),
such as the graded approach to
emergency preparedness (EP); lessons
learned from the plants that have
already gone or are currently going
through the decommissioning process;
the advisability of requiring a licensee’s
post-shutdown decommissioning
activities report (PSDAR) to be approved
by the NRC; the appropriateness of
maintaining the three existing options
for decommissioning and the
timeframes associated with those
options; the appropriate role of state and
local governments and nongovernmental stakeholders in the
decommissioning process; and any
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Fmt 4702
Sfmt 4702
other issues deemed relevant by the
NRC staff.
The NRC issued an advance notice of
proposed rulemaking (ANPR) in the
Federal Register (80 FR 72358;
November 19, 2015) to obtain
stakeholder feedback on the regulatory
issues included in the SRM for SECY–
14–0118. The NRC received public
comments related to each of the
regulatory issues outlined in the ANPR.
Most public feedback pertained to the
level of public involvement in the
decommissioning process, the 60-year
limit for power reactor
decommissioning, the NRC’s approval
of the PSDAR, the use of
decommissioning trust funds (DTFs),
and EP considerations. The NRC
reviewed the comments and used input
received from the comments to develop
the options presented in the draft
regulatory basis, which was issued for a
90-day public comment period on
March 15, 2017 (82 FR 13778). The NRC
received input from stakeholders in
every area addressed in the draft
regulatory basis. The NRC also received
the most stakeholder input on the
current regulatory approach to
decommissioning, EP, and DTFs. The
comments received on the draft
regulatory basis were considered in the
development of the regulatory basis.
In the regulatory basis, the NRC staff
concludes that it has sufficient
justification to proceed with rulemaking
in the areas of EP, physical security,
cyber security, drug and alcohol testing,
training requirements for certified fuel
handlers (CFHs), DTFs, offsite and
onsite financial protection requirements
and indemnity agreements, and
application of the backfit rule. Further,
the NRC staff is recommending
rulemaking: (1) to require that
decommissioning documents in
§ 50.54(bb) of title 10 of the Code of
Federal Regulations (10 CFR); § 50.82,
‘‘Termination of license’’; and § 52.110,
‘‘Termination of license,’’ or a
combination thereof, contain
information on spent fuel management
planning, in accordance with the
regulatory requirements in § 72.218,
‘‘Termination of Licenses’’; (2) to amend
§ 51.53, ‘‘Postconstruction
environmental reports,’’ and § 51.95,
‘‘Postconstruction environmental
impact statements,’’ to clarify the
environmental reporting requirements
and add a reference to § 52.110; (3) to
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Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 / Proposed Rules
pmangrum on DSK3GDR082PROD with PROPOSALS1
amend §§ 50.82(a) and 52.110 to clarify
that licensees must evaluate the
environmental impacts of
decommissioning, and whether they are
bounded, in the PSDAR; (4) to amend
§ 50.59(d)(3); § 50.71(c); 10 CFR part 50,
appendix A, Criterion 1, ‘‘Quality
standards and records’’; 10 CFR part 50,
appendix B, Criterion XVII, ‘‘Quality
Assurance Records’’; and § 72.72(d) to
remove certain record-retention
requirements for structures, systems,
and components (SSCs) that no longer
remain in service during
decommissioning, as well as
duplication requirements for spent fuel
storage records; and (5) to amend 10
CFR part 20, appendix G, Section III.E,
for investigating shipments of low-level
radioactive waste (LLW) if the shipper
has not received notification of receipt
within 20 days after transfer, to allow a
45-day notification window based on
operating experience that shows this is
a reasonable delay for LLW shipments.
Additionally in this regulatory basis,
the NRC staff recommends guidance
development and inspection procedure
updates for minimum staffing of nonlicensed operators and aging
management of certain SSCs. The NRC
staff also determined that fatigue
management would not be addressed in
this decommissioning rule.
In the regulatory basis, the NRC staff
reiterated conclusions from the draft
regulatory basis that regulatory activities
other than rulemaking—such as
guidance development—can be pursued
to address the appropriate role of State
and local governments in the
decommissioning process, the level of
NRC review of the PSDAR, and the 60year limit for power reactor
decommissioning.
In addition to the regulatory basis,
staff plans to publish a revised
preliminary draft of the regulatory
analysis, which will update and refine
the analysis of costs and benefits.
The NRC staff plans to publish a
proposed rule for public comment in
2018.
Dated at Rockville, Maryland, this 21st day
of November 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Division of Rulemaking, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2017–25552 Filed 11–24–17; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2017–1093; Product
Identifier 2017–NM–018–AD]
RIN 2120–AA64
Airworthiness Directives; Airbus
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Airbus Model A318 series airplanes;
Model A319 series airplanes; Model
A320–211, –212, –214, –216, –231,
–232, and –233 airplanes; and Model
A321–111, –112, –131, –211, –212,
–213, –231, and –232 airplanes. This
proposed AD was prompted by reports
of early cracking on certain holes of the
crossbeam splicing at certain fuselage
frames. This proposed AD would
require repetitive inspections for
cracking of the fastener holes in certain
fuselage frames, and depending on
airplane configuration, would provide
an optional terminating action to the
repetitive inspections. We are proposing
this AD to address the unsafe condition
on these products.
DATES: We must receive comments on
this proposed AD by January 11, 2018.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Airbus,
Airworthiness Office–EIAS, 1 Rond
Point Maurice Bellonte, 31707 Blagnac
Cedex, France; telephone: +33 5 61 93
36 96; fax: +33 5 61 93 44 51; email:
account.airworth–eas@airbus.com;
Internet: https://www.airbus.com. You
may view this referenced service
information at the FAA, Transport
Standards Branch, 1601 Lind Avenue
SW., Renton, WA. For information on
SUMMARY:
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55955
the availability of this material at the
FAA, call 425–227–1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2017–
1093; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Operations
office (telephone 800–647–5527) is in
the ADDRESSES section. Comments will
be available in the AD docket shortly
after receipt.
FOR FURTHER INFORMATION CONTACT:
Sanjay Ralhan, Aerospace Engineer,
International Section, Transport
Standards Branch, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1405; fax 425–227–
1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposal. Send your comments to
an address listed under the ADDRESSES
section. Include ‘‘Docket No. FAA–
2017–1093; Product Identifier 2017–
NM–018–AD’’ at the beginning of your
comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD based on those comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Union, has issued EASA AD 2016–0139,
dated July 14, 2016 (referred to after this
as the Mandatory Continuing
Airworthiness Information, or ‘‘the
MCAI’’), to correct an unsafe condition
for certain Model A318 series airplanes;
A319 series airplanes; A320–211, –212,
–214, –216, –231, –232, and –233
airplanes; and A321–111, –112, –131,
–211, –212, –213, –231, and –232
airplanes. The MCAI states:
Following addition of a new airworthiness
limitation item (ALI) task 531110 in the
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Agencies
[Federal Register Volume 82, Number 226 (Monday, November 27, 2017)]
[Proposed Rules]
[Pages 55954-55955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25552]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 82, No. 226 / Monday, November 27, 2017 /
Proposed Rules
[[Page 55954]]
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 26, 50, 52, 73, and 140
[NRC-2015-0070]
RIN 3150-AJ59
Regulatory Improvements for Power Reactors Transitioning to
Decommissioning
AGENCY: Nuclear Regulatory Commission.
ACTION: Regulatory basis.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is publishing a
regulatory basis to support a rulemaking that would amend the NRC's
regulations for the decommissioning of nuclear power reactors. The
NRC's goals in amending these regulations would be to provide for an
efficient decommissioning process; reduce the need for exemptions from
existing regulations; address other decommissioning issues deemed
relevant by the NRC staff; and support the principles of good
regulation, including openness, clarity, and reliability.
DATES: The regulatory basis is available on November 27, 2017.
ADDRESSES: Please refer to Docket ID NRC-2015-0070 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-2015-0070. 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.
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 the
SUPPLEMENTARY INFORMATION section. The regulatory basis can be accessed
in ADAMS at accession number ML17215A010.
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.
FOR FURTHER INFORMATION CONTACT: Alysia G. Bone, Office of Nuclear
Material Safety and Safeguards, telephone: 301-415-1034, email:
Alysia.Bone@nrc.gov; U.S. Nuclear Regulatory Commission, Washington, DC
20555-0001.
SUPPLEMENTARY INFORMATION: On December 30, 2014, the Commission
directed the NRC staff to proceed with a rulemaking on power reactor
decommissioning in the staff requirements memorandum (SRM) for SECY-14-
0118, ``Request by Duke Energy Florida, Inc., for Exemptions from
Certain Emergency Planning Requirements'' (ADAMS Accession No.
ML14364A111). The Commission also stated that the rulemaking should
address: Issues discussed in SECY-00-0145, ``Integrated Rulemaking Plan
for Nuclear Power Plant Decommissioning'' (ADAMS Accession No.
ML003721626), such as the graded approach to emergency preparedness
(EP); lessons learned from the plants that have already gone or are
currently going through the decommissioning process; the advisability
of requiring a licensee's post-shutdown decommissioning activities
report (PSDAR) to be approved by the NRC; the appropriateness of
maintaining the three existing options for decommissioning and the
timeframes associated with those options; the appropriate role of state
and local governments and non-governmental stakeholders in the
decommissioning process; and any other issues deemed relevant by the
NRC staff.
The NRC issued an advance notice of proposed rulemaking (ANPR) in
the Federal Register (80 FR 72358; November 19, 2015) to obtain
stakeholder feedback on the regulatory issues included in the SRM for
SECY-14-0118. The NRC received public comments related to each of the
regulatory issues outlined in the ANPR. Most public feedback pertained
to the level of public involvement in the decommissioning process, the
60-year limit for power reactor decommissioning, the NRC's approval of
the PSDAR, the use of decommissioning trust funds (DTFs), and EP
considerations. The NRC reviewed the comments and used input received
from the comments to develop the options presented in the draft
regulatory basis, which was issued for a 90-day public comment period
on March 15, 2017 (82 FR 13778). The NRC received input from
stakeholders in every area addressed in the draft regulatory basis. The
NRC also received the most stakeholder input on the current regulatory
approach to decommissioning, EP, and DTFs. The comments received on the
draft regulatory basis were considered in the development of the
regulatory basis.
In the regulatory basis, the NRC staff concludes that it has
sufficient justification to proceed with rulemaking in the areas of EP,
physical security, cyber security, drug and alcohol testing, training
requirements for certified fuel handlers (CFHs), DTFs, offsite and
onsite financial protection requirements and indemnity agreements, and
application of the backfit rule. Further, the NRC staff is recommending
rulemaking: (1) to require that decommissioning documents in Sec.
50.54(bb) of title 10 of the Code of Federal Regulations (10 CFR);
Sec. 50.82, ``Termination of license''; and Sec. 52.110,
``Termination of license,'' or a combination thereof, contain
information on spent fuel management planning, in accordance with the
regulatory requirements in Sec. 72.218, ``Termination of Licenses'';
(2) to amend Sec. 51.53, ``Postconstruction environmental reports,''
and Sec. 51.95, ``Postconstruction environmental impact statements,''
to clarify the environmental reporting requirements and add a reference
to Sec. 52.110; (3) to
[[Page 55955]]
amend Sec. Sec. 50.82(a) and 52.110 to clarify that licensees must
evaluate the environmental impacts of decommissioning, and whether they
are bounded, in the PSDAR; (4) to amend Sec. 50.59(d)(3); Sec.
50.71(c); 10 CFR part 50, appendix A, Criterion 1, ``Quality standards
and records''; 10 CFR part 50, appendix B, Criterion XVII, ``Quality
Assurance Records''; and Sec. 72.72(d) to remove certain record-
retention requirements for structures, systems, and components (SSCs)
that no longer remain in service during decommissioning, as well as
duplication requirements for spent fuel storage records; and (5) to
amend 10 CFR part 20, appendix G, Section III.E, for investigating
shipments of low-level radioactive waste (LLW) if the shipper has not
received notification of receipt within 20 days after transfer, to
allow a 45-day notification window based on operating experience that
shows this is a reasonable delay for LLW shipments.
Additionally in this regulatory basis, the NRC staff recommends
guidance development and inspection procedure updates for minimum
staffing of non-licensed operators and aging management of certain
SSCs. The NRC staff also determined that fatigue management would not
be addressed in this decommissioning rule.
In the regulatory basis, the NRC staff reiterated conclusions from
the draft regulatory basis that regulatory activities other than
rulemaking--such as guidance development--can be pursued to address the
appropriate role of State and local governments in the decommissioning
process, the level of NRC review of the PSDAR, and the 60-year limit
for power reactor decommissioning.
In addition to the regulatory basis, staff plans to publish a
revised preliminary draft of the regulatory analysis, which will update
and refine the analysis of costs and benefits.
The NRC staff plans to publish a proposed rule for public comment
in 2018.
Dated at Rockville, Maryland, this 21st day of November 2017.
For the Nuclear Regulatory Commission.
Patricia K. Holahan,
Director, Division of Rulemaking, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2017-25552 Filed 11-24-17; 8:45 am]
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