Regulatory Guide: Use of ARCON Methodology for Calculation of Accident-Related Offsite Atmospheric Dispersion Factors, 56750-56752 [2023-17908]
Download as PDF
56750
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations
advance or may borrow money from a
commercial lending institution for such
purposes.
(f) Termination. Any money collected
from assessments hereunder and
remaining unexpended in the
possession of the Board upon
termination of this part shall be
distributed in such manner as the
Secretary may direct.
■ 19. Revise § 984.72 to read as follows:
§ 984.72
Reports of walnuts handled.
For the purpose of verifying and
checking reports filed by handlers or the
operations of handlers, the Secretary
and the Board through its duly
authorized representatives shall have
access to any premises where walnuts
and walnut records are held. Such
access shall be available at any time
during reasonable business hours.
Authorized representatives shall be
permitted to inspect any walnuts held
and any and all records of the handler
with respect to matters within the
purview of this part. Each handler shall
maintain complete records on the
receiving, holding, and disposition of
both inshell and shelled walnuts. Each
handler shall furnish all labor necessary
to facilitate such inspections at no
expense to the Board or the Secretary.
Each handler shall store all walnuts
held by him or her in such manner as
to facilitate inspection and shall
maintain adequate storage records,
which will permit accurate
identification of respective lots and of
all such walnuts held or disposed of
theretofore. The Board, with the
approval of the Secretary, may establish
any methods and procedures needed to
verify reports.
§ 984.89
[Amended]
21. Amend § 984.89 in paragraph
(b)(4) by removing the term ‘‘fiscal
period’’ and adding in its place the term
‘‘marketing year’’.
■ 22. Revise § 984.347 to read as
follows:
lotter on DSK11XQN23PROD with RULES1
■
§ 984.347
Assessment rate.
On and after September 1, 2023, an
assessment rate shall be fixed at $0.0125
per inshell pound of California walnuts.
VerDate Sep<11>2014
16:10 Aug 18, 2023
Jkt 259001
23. Amend § 984.450 by lifting the
stay of May 7, 2020, on paragraphs (a)
and (b) and removing and reserving the
section.
§ 984.451
[Removed and Reserved]
24. Amend § 984.451 by lifting the
stay of May 7, 2020, on paragraph (c)
and removing and reserving the section.
■
§ 984.452
[Removed and Reserved]
25. Remove and reserve § 984.452.
§ 984.456
[Removed and Reserved]
26. Amend § 984.456 by lifting the
stay of May 7, 2020, and removing and
reserving the section.
■
§ 984.459
[Amended]
27. Amend § 984.459 by removing and
reserving paragraph (a)(3).
■
§ 984.464
Verification of reports.
[Removed and Reserved]
■
■
Each handler who handles walnuts,
inshell or shelled, at any time during a
marketing year shall submit to the Board
in such form and at such intervals as the
Board may prescribe, reports showing
the quantity so handled and such other
information pertinent thereto as the
Board may specify.
■ 20. Revise § 984.77 to read as follows:
§ 984.77
§ 984.450
[Removed and Reserved]
28. Amend § 984.464 by lifting the
stay of May 7, 2020, on paragraph (a)
and removing and reserving the section.
■ 29. Revise § 984.472 to read as
follows:
■
§ 984.472 Reports of walnuts, received,
shipped, and committed.
(a) Reports of walnuts shipped during
a month shall be submitted to the Board
on California Walnut Board (CWB) Form
No. 6 not later than the 5th day of the
following month. Such reports shall
include all shipments during the
preceding month and shall show for
inshell and shelled walnuts: the
quantity shipped; whether they were
shipped into domestic or export
channels; and for exports, the quantity
by country of destination. If a handler
makes no shipments during any month,
he/she shall submit a report marked
‘‘None.’’ If a handler has completed his/
her shipments for the season, he/she
shall mark the report ‘‘Completed,’’ and
he/she shall not be required to submit
any additional CWB Form No. 6 reports
during the remainder of that marketing
year.
(b) Reports of walnuts purchased
directly from growers by handlers who
are manufacturers or retailers shall be
submitted to the Board on CWB Form
No. 6, not later than the 5th day of the
month following the month in which
the walnuts were purchased. Such
reports shall show the quantity of
walnuts purchased.
(c) Reports of walnuts on which
handlers have made purchase
commitments with buyers during the
month, but which have not yet been
shipped, shall be submitted to the Board
on CWB Form No. 6, not later than the
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
5th day of the month following the
month in which the walnuts were
committed. Such reports shall show the
quantity of walnuts committed in either
inshell or shelled pounds. If the handler
made no commitments during any
month, he/she shall mark ‘‘None’’ in the
‘‘Purchase Commitments’’ section of
CWB Form No. 6.
■ 30. Revise § 984.476 to read as
follows:
§ 984.476 Report of walnut receipts
produced outside California or the United
States.
Each handler who receives walnuts
from outside California or the United
States shall file with the Board, on CWB
Form No. 7, a report of the receipt of
such walnuts. The report shall be filed
as follows: On or before December 5 for
such walnuts received during the period
September 1 to November 30; on or
before March 5 for such walnuts
received during the period December 1
to February 28 (February 29 in a leap
year); on or before June 5 for such
walnuts received during the period
March 1 to May 31; and on or before
September 5 for such walnuts received
during the period June 1 to August 31.
The report shall include the quantity of
such walnuts received, the country of
origin for such walnuts, and whether
such walnuts are inshell or shelled.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2023–17753 Filed 8–18–23; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 50, 52 and 100
[NRC–2021–0133]
Regulatory Guide: Use of ARCON
Methodology for Calculation of
Accident-Related Offsite Atmospheric
Dispersion Factors
Nuclear Regulatory
Commission.
ACTION: Final guide; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a new
Regulatory Guide (RG) 1.249 (Revision
0), ‘‘Use of ARCON Methodology for
Calculation of Accident-Related Offsite
Atmospheric Dispersion Factors.’’ This
new RG describes an approach for
reactor applicants and licensees for
determining atmospheric relative
concentration (c/Q) values in support of
modeling onsite releases to offsite
SUMMARY:
E:\FR\FM\21AUR1.SGM
21AUR1
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations
boundaries from a design-basis accident.
Also, this RG implements the
methodology in RG 1.194,
‘‘Atmospheric Relative Concentrations
for Control Room Radiological
Habitability Assessments at Nuclear
Power Plants,’’ for offsite dose locations
at boundaries.
DATES: Revision 0 to RG 1.249 is
available on August 21, 2023.
ADDRESSES: Please refer to Docket ID
NRC–2021–0133 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2021–0133. Address
questions about Dockets IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individuals 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
‘‘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, at
301–415–4737, or by email to
PDR.Resource@nrc.gov.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
Revision 0 to RG 1.249 and the
regulatory analysis may be found in
ADAMS under Accession Nos.
ML22024A241 and ML21165A007,
respectively.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT:
Kevin Quinlan, Office of Nuclear
Reactor Regulation, telephone: 301–
415–6809, email: Kevin.Quinlan@
nrc.gov, or Jason White, Office of
Nuclear Reactor Regulation, telephone:
301–415–3212, email: Jason.White@
nrc.gov, or Harriet Karagiannis, Office of
Nuclear Regulatory Research, telephone:
301–415–2493, email:
VerDate Sep<11>2014
16:10 Aug 18, 2023
Jkt 259001
Harriet.Karagiannis@nrc.gov. All are
staff of the U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is issuing a new guide in the
NRC’s ‘‘Regulatory Guide’’ series. This
series was developed to describe
methods that are acceptable to the NRC
staff for implementing specific parts of
the agency’s regulations, to explain
techniques that the staff uses in
evaluating specific issues or postulated
events, and to describe information that
the staff needs in its review of
applications for permits and licenses.
For clarification, Revision 0 of RG
1.249 was issued for public comment
with a temporary identification of draft
Regulatory Guide (DG), DG–4030, to RG
4.28, titled, ‘‘Use of ARCON
Methodology for Calculation of
Accident-Related Offsite Atmospheric
Dispersion Factors.’’ After further
consideration of the applicability of this
RG, the staff decided that it is more
suitable to be listed under the RGs of
Division 1, titled, ‘‘Power Reactors.’’ As
a result, the RG number was changed to
RG 1.249 using the same RG title,
instead of being listed under Division 4,
titled, ‘‘Environmental and Siting,’’ as
RG 4.28. The content of the RG did not
change due to it being issued under
Division 1 instead of Division 4.
II. Additional Information
The NRC published a notice of the
availability of DG–4030 (ADAMS
Accession No. ML21165A005), in the
Federal Register on August 17, 2021 (86
FR 46024), for a 30-day public comment
period. The public comment period
closed on September 16, 2021. The staff
received 5 comment submissions and a
total of 30 public comments. Public
comments on DG–4030 and the staff
responses to the public comments are
available in ADAMS under Accession
No. ML22024A245.
This new RG provides guidance to
industry for complying with and
implementing the NRC requirements by
endorsing the use of the ARCON
computer code to calculate offsite
dispersion values out to distances of
1,200 m (3937 ft) that could include the
exclusion area boundary and/or lowpopulation zone.
RG 1.194 (ADAMS Accession No.
ML031530505) endorses the use of the
ARCON96 computer code for
calculating accident-related onsite
(control room and technical support
center) atmospheric dispersion values
which are direct inputs to habitability
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
56751
dose assessments. In addition, RG 1.145
(ADAMS Accession No. ML12216A014)
provides the present methodology
incorporated into the PAVAN computer
code, as reviewed by the staff using
NUREG–0800 at https://www.nrc.gov/
reading-rm/doc-collections/nuregs/staff/
sr0800/ (ADAMS Accession
No. ML070810350), Standard Review
Plan (SRP) Section 2.3.4 for calculating
accident-related related, offsite
atmospheric dispersion values.
RG 1.249 will provide new guidance
for applicants and licensees subject to
part 50 of title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Domestic
Licensing of Production and Utilization
Facilities’’; 10 CFR part 52, ‘‘Licenses,
Certifications, and Approvals for
Nuclear Power Plants’’; and 10 CFR part
100, ‘‘Reactor site criteria.’’
As noted in the Federal Register on
December 9, 2022 (87 FR 75671), this
document is being published in the
‘‘Rules’’ section of the Federal Register
to comply with publication
requirements under 1 CFR chapter I.
III. Congressional Review Act
This RG 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, Forward Fitting, and
Issue Finality
Issuance of RG 1.249, Revision 0, does
not constitute backfitting as that term is
defined in 10 CFR 50.109, ‘‘Backfitting’’
and as described in NRC Management
Directive (MD) 8.4, ‘‘Management of
Backfitting, Forward Fitting, Issue
Finality, and Information Requests’’
(ADAMS Accession No. ML18093B087);
constitute forward fitting as that term is
defined and described in MD 8.4; or
affect issue finality of any approval
issued under 10 CFR part 52. As
explained in RG 1.249, applicants and
licensees are not required to comply
with the positions set forth in this
regulatory guide.
V. Submitting Suggestions for
Improvement of Regulatory Guides
A member of the public may, at any
time, submit suggestions to the NRC for
improvement of existing RGs or for the
development of new RGs. Suggestions
can be submitted on the NRC’s public
website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/
contactus.html. Suggestions will be
considered in future updates and
enhancements to the ‘‘Regulatory
Guide’’ series.
Dated: August 16, 2023.
E:\FR\FM\21AUR1.SGM
21AUR1
56752
Federal Register / Vol. 88, No. 160 / Monday, August 21, 2023 / Rules and Regulations
For the Nuclear Regulatory Commission.
Michael A. Eudy,
Acting Chief, Regulatory Guide and Programs
Management Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. 2023–17908 Filed 8–18–23; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 50, 52 and 100
[NRC–2020–0076]
Regulatory Guide: Volcanic Hazards
Assessment for Proposed Nuclear
Power Reactor Sites
Nuclear Regulatory
Commission.
ACTION: Final guide; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing Revision 1
to Regulatory Guide (RG) 4.26 ‘‘Volcanic
Hazards Assessment for Proposed
Nuclear Power Reactor Sites,’’ to restore
text and a Section heading inadvertently
omitted from Section C, ‘‘Staff
Regulatory Guidance,’’ of Revision 0.
The restored text appeared in the draft
guide released for public comment. In
addition, there is a minor update of the
Paperwork Reduction Act text in the
RG. The changes do not represent
substantive changes in the NRC staff’s
regulatory positions.
DATES: Revision 1 to RG 4.26 is available
on August 21, 2023.
ADDRESSES: Please refer to Docket ID
NRC–2020–0076 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 website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0076. Address
questions about Docket IDs in
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@nrc.gov. For technical
questions, contact the individuals 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
‘‘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, at
301–415–4737, or by email to
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:10 Aug 18, 2023
Jkt 259001
PDR.Resource@nrc.gov. Revision 1 to
RG 4.26 ‘‘Volcanic Hazards Assessment
for Proposed Nuclear Power Reactor
Sites,’’ is available in ADAMS under
Accession No. ML23167A078.
• NRC’s PDR: The PDR, where you
may examine and order copies of
publicly available documents, is open
by appointment. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8 a.m. and 4 p.m. eastern
time (ET), Monday through Friday,
except Federal holidays.
Regulatory guides are not
copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT:
Jenise Thompson, Office of Nuclear
Reactor Regulation, telephone: 301–
415–0381, email: Jenise.Thompson@
nrc.gov and Edward O’Donnell, Office of
Nuclear Regulatory Research, telephone:
301–415–3317, email:
Edward.ODonnell@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 methods that are
acceptable to the NRC staff for
implementing specific parts of the
agency’s regulations, to explain
techniques that the staff uses in
evaluating specific issues or postulated
events, and to describe information that
the staff needs in its review of
applications for permits and licenses.
The NRC typically seeks public
comment on a draft version of a RG by
announcing its availability for comment
in the Federal Register. However, as
explained in NRC’s Management
Directive 6.6 ‘‘Regulatory Guides,’’
(ADAMS Accession No. ML22010A233)
the NRC may directly issue a final RG
without a draft version or public
comment period if the changes to the
RG are non-substantive.
The NRC is issuing Revision 1 of RG
4.26 directly as a final RG because the
changes between Revision 1 and
Revision 0 are non-substantive. The
NRC issued Revision 0 of RG 4.26 in
June 2021 (86 FR 34057) to provide
guidance for facilitating the NRC staff’s
review of volcanic hazards assessments
performed by applicants to support the
siting of new nuclear power reactors.
Recently it was noted that there was an
administrative error in omission of text
and a subheading of the guidance in
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Section C ‘‘Staff Regulatory Guidance.’’
Also, in the discussion of Step 4:
‘‘Evaluate Eruption Potential and/or
Hazard Potential,’’ two paragraphs and
two bullet points discussing model
support are missing as well as the
subheading for the following section,
Step 5: ‘‘Develop Risk Insights,’’ despite
their inclusion in the draft guide
released for public comment (ADAMS
Accession No. ML20007D621) and a
subsequent draft revised in light of
public comments that was presented to
NRC’s Advisory Committee on Reactor
Safeguards for review in spring 2021
(ADAMS Accession No. ML20022A214).
In addition, there is an update of the
contact information in Paperwork
Reduction Act text in the RG.
As noted in the Federal Register on
December 9, 2022 (87 FR 75671), this
document is being published in the
‘‘Rules’’ section of the Federal Register
to comply with publication
requirements under 1 CFR chapter I.
II. Backfitting, Forwarding, and Issue
Finality
Issuance of RG 4.26, Revision 1, does
not constitute backfitting as defined in
section 50.109 of title 10 of the Code of
Federal Regulations (10 CFR), (the
Backfit Rule), and is not otherwise
inconsistent with the issue finality
provisions in 10 CFR part 52. The
changes in Revision 1 of RG 4.26 are
limited to editorial changes to improve
clarity and the correction of a title.
These changes do not fall within the
kinds of agency actions that constitute
backfitting or are subject to limitations
in the issue finality provisions of part
52. Accordingly, the NRC did not
address the Backfit Rule or issue finality
provisions of part 52.
III. Congressional Review Act
This RG 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. Submitting Suggestions for
Improvement of Regulatory Guides
A member of the public may, at any
time, submit suggestions to the NRC for
improvement of existing RGs or for the
development of new RGs. Suggestions
can be submitted on the NRC’s public
website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/
contactus.html. Suggestions will be
considered in future updates and
enhancements to the ‘‘Regulatory
Guide’’ series.
Dated: August 15, 2023.
E:\FR\FM\21AUR1.SGM
21AUR1
Agencies
[Federal Register Volume 88, Number 160 (Monday, August 21, 2023)]
[Rules and Regulations]
[Pages 56750-56752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17908]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
10 CFR Parts 50, 52 and 100
[NRC-2021-0133]
Regulatory Guide: Use of ARCON Methodology for Calculation of
Accident-Related Offsite Atmospheric Dispersion Factors
AGENCY: Nuclear Regulatory Commission.
ACTION: Final guide; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new
Regulatory Guide (RG) 1.249 (Revision 0), ``Use of ARCON Methodology
for Calculation of Accident-Related Offsite Atmospheric Dispersion
Factors.'' This new RG describes an approach for reactor applicants and
licensees for determining atmospheric relative concentration ([chi]/Q)
values in support of modeling onsite releases to offsite
[[Page 56751]]
boundaries from a design-basis accident. Also, this RG implements the
methodology in RG 1.194, ``Atmospheric Relative Concentrations for
Control Room Radiological Habitability Assessments at Nuclear Power
Plants,'' for offsite dose locations at boundaries.
DATES: Revision 0 to RG 1.249 is available on August 21, 2023.
ADDRESSES: Please refer to Docket ID NRC-2021-0133 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 website: Go to https://www.regulations.gov and search for Docket ID NRC-2021-0133. Address
questions about Dockets IDs in Regulations.gov to Stacy Schumann;
telephone: 301-415-0624; email: [email protected]. For technical
questions, contact the individuals 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 ``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, at 301-415-4737,
or by email to [email protected].
NRC's PDR: The PDR, where you may examine and order copies
of publicly available documents, is open by appointment. To make an
appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except
Federal holidays.
Revision 0 to RG 1.249 and the regulatory analysis may be found in
ADAMS under Accession Nos. ML22024A241 and ML21165A007, respectively.
Regulatory guides are not copyrighted, and NRC approval is not
required to reproduce them.
FOR FURTHER INFORMATION CONTACT: Kevin Quinlan, Office of Nuclear
Reactor Regulation, telephone: 301-415-6809, email:
[email protected], or Jason White, Office of Nuclear Reactor
Regulation, telephone: 301-415-3212, email: [email protected], or
Harriet Karagiannis, Office of Nuclear Regulatory Research, telephone:
301-415-2493, email: [email protected]. All are staff of the
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Discussion
The NRC is issuing a new guide in the NRC's ``Regulatory Guide''
series. This series was developed to describe methods that are
acceptable to the NRC staff for implementing specific parts of the
agency's regulations, to explain techniques that the staff uses in
evaluating specific issues or postulated events, and to describe
information that the staff needs in its review of applications for
permits and licenses.
For clarification, Revision 0 of RG 1.249 was issued for public
comment with a temporary identification of draft Regulatory Guide (DG),
DG-4030, to RG 4.28, titled, ``Use of ARCON Methodology for Calculation
of Accident-Related Offsite Atmospheric Dispersion Factors.'' After
further consideration of the applicability of this RG, the staff
decided that it is more suitable to be listed under the RGs of Division
1, titled, ``Power Reactors.'' As a result, the RG number was changed
to RG 1.249 using the same RG title, instead of being listed under
Division 4, titled, ``Environmental and Siting,'' as RG 4.28. The
content of the RG did not change due to it being issued under Division
1 instead of Division 4.
II. Additional Information
The NRC published a notice of the availability of DG-4030 (ADAMS
Accession No. ML21165A005), in the Federal Register on August 17, 2021
(86 FR 46024), for a 30-day public comment period. The public comment
period closed on September 16, 2021. The staff received 5 comment
submissions and a total of 30 public comments. Public comments on DG-
4030 and the staff responses to the public comments are available in
ADAMS under Accession No. ML22024A245.
This new RG provides guidance to industry for complying with and
implementing the NRC requirements by endorsing the use of the ARCON
computer code to calculate offsite dispersion values out to distances
of 1,200 m (3937 ft) that could include the exclusion area boundary
and/or low-population zone.
RG 1.194 (ADAMS Accession No. ML031530505) endorses the use of the
ARCON96 computer code for calculating accident-related onsite (control
room and technical support center) atmospheric dispersion values which
are direct inputs to habitability dose assessments. In addition, RG
1.145 (ADAMS Accession No. ML12216A014) provides the present
methodology incorporated into the PAVAN computer code, as reviewed by
the staff using NUREG-0800 at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/ (ADAMS Accession No.
ML070810350), Standard Review Plan (SRP) Section 2.3.4 for calculating
accident-related related, offsite atmospheric dispersion values.
RG 1.249 will provide new guidance for applicants and licensees
subject to part 50 of title 10 of the Code of Federal Regulations (10
CFR), ``Domestic Licensing of Production and Utilization Facilities'';
10 CFR part 52, ``Licenses, Certifications, and Approvals for Nuclear
Power Plants''; and 10 CFR part 100, ``Reactor site criteria.''
As noted in the Federal Register on December 9, 2022 (87 FR 75671),
this document is being published in the ``Rules'' section of the
Federal Register to comply with publication requirements under 1 CFR
chapter I.
III. Congressional Review Act
This RG 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, Forward Fitting, and Issue Finality
Issuance of RG 1.249, Revision 0, does not constitute backfitting
as that term is defined in 10 CFR 50.109, ``Backfitting'' and as
described in NRC Management Directive (MD) 8.4, ``Management of
Backfitting, Forward Fitting, Issue Finality, and Information
Requests'' (ADAMS Accession No. ML18093B087); constitute forward
fitting as that term is defined and described in MD 8.4; or affect
issue finality of any approval issued under 10 CFR part 52. As
explained in RG 1.249, applicants and licensees are not required to
comply with the positions set forth in this regulatory guide.
V. Submitting Suggestions for Improvement of Regulatory Guides
A member of the public may, at any time, submit suggestions to the
NRC for improvement of existing RGs or for the development of new RGs.
Suggestions can be submitted on the NRC's public website at https://www.nrc.gov/reading-rm/doc-collections/reg-guides/contactus.html.
Suggestions will be considered in future updates and enhancements to
the ``Regulatory Guide'' series.
Dated: August 16, 2023.
[[Page 56752]]
For the Nuclear Regulatory Commission.
Michael A. Eudy,
Acting Chief, Regulatory Guide and Programs Management Branch, Division
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2023-17908 Filed 8-18-23; 8:45 am]
BILLING CODE 7590-01-P