80 FR 47534 - Special Nuclear Material Doorway Monitors
NUCLEAR REGULATORY COMMISSION Federal Register Volume 80, Issue 152 (August 7, 2015)
Federal Register Volume 80, Issue 152 (August 7, 2015)
| Page Range | 47534-47535 | |
| FR Document | 2015-19445 |
[Federal Register Volume 80, Number 152 (Friday, August 7, 2015)] [Notices] [Pages 47534-47535] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-19445] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2014-0062] Special Nuclear Material Doorway Monitors AGENCY: Nuclear Regulatory Commission. ACTION: Regulatory guide; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a revised regulatory guide, (RG) 5.27, Revision 1, ``Special Nuclear Material Doorway Monitors.'' This guidance addresses NRC requirements that individuals must be searched as they leave a material access area (MAA) for facilities that contain special nuclear material (SNM) of a type and quantity that require an MAA. ADDRESSES: Please refer to Docket ID NRC-2014-0062 when contacting the NRC about the availability of information regarding this document. You may access information related to this document, which the NRC possesses and is publicly available, using the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0062. Address questions about NRC dockets to Carol Gallagher; telephone: 301-287- 3422; email: [email protected]. NRC's Agencywide Documents Access and Management System (ADAMS): You may access publicly available 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 [email protected]. 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 of Regulatory Guide 5.27 is available in ADAMS under Accession No. ML14290A268. The regulatory analysis may be found in ADAMS under Accession No. ML12237A124. 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: Al Tardiff, Office of Nuclear Security and Incident Response, telephone: 301-415-7015, email: [email protected] or, Richard Jervey, Office of Nuclear Regulatory Research, telephone: telephone: 301-251-7404, email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Introduction The NRC is issuing a new guide in the NRC's ``Regulatory Guide'' series. This series was developed to describe and make available to the public information such as methods that are acceptable to the NRC staff for implementing specific parts of the agency's regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. Regulatory Guide 5.27, Revision 1 was issued for comment as Draft Regulatory Guide (DG) 5038. The NRC developed this regulatory guide to describe a method that the NRC staff considers acceptable to implement the search requirement for concealed SNM applied to personnel exiting a material access area MAA. For holders of a reactor license under part 50 of title 10 of the Code of Federal Regulations (10 CFR) (Ref. 1), ``Domestic Licensing of Production and Utilization Facilities,'' a combined license under 10 CFR part 52, ``Licenses, Certifications, and Approvals for Nuclear Power Plants,'' or a fuel cycle facility license under 10 CFR part 76, ``Certification of Gaseous Diffusion Plants,'' having the need to possess or use SNM within their facility, the NRC typically has included in their license a condition granting a general license to use SNM under 10 CFR part 70, ``Domestic Licensing of Special Nuclear Material.'' The RG applies to facilities that contain SNM of a type and quantity to require an MAA. An MAA is any location which contains special nuclear material, within a vault or a building, the roof, walls, and floor of which each constitute a physical barrier. This RG is being revised because it was out-of-date with current, related [[Page 47535]] guidance and references in the CFR. Related specifications and standards for SNM monitors and metal detectors have been updated or developed since the previous revision was issued in 1974. This revision has been developed to provide detection practices and criteria that licensees may use to meet NRC regulations in 10 CFR part 73 and to augment programmatic information within the general reference, NUREG- 1964, ``Access Control Systems: Technical Information for NRC Licensees,'' issued in April of 2011. NUREG-1964 may be found in ADAMS under Accession No. ML1115A078. II. Additional Information DG-5038 was published in the Federal Register on March 26, 2014, (79 FR 16832) for a 30 day public comment period. The public comment period closed on April 25, 2014. Public comments on DG-5038 and the staff responses to the public comments are available at ADAMS Accession Number ML14288A653. 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 This RG applies to applicants for, and current and future holders of special nuclear material licenses under 10 CFR part 70, and operating licenses under part 50, combined licenses under part 52, and certificates of compliance or approvals of a compliance plan for gaseous diffusion plants under part 76 if they are also applicants for, or holders of, special nuclear material licenses under part 70. Issuance of this RG does not constitute backfitting under 10 CFR parts 50, 70, or 76, 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 part 50 operating licenses, part 52 combined licenses, part 70 licensees, or part 76 certificates of compliance. Moreover, the guidance in the RG addresses security issues, which are matters separate from the technical requirements to operate a facility covered by backfitting and issue finality provisions. The NRC has determined that the backfit provisions in Sec. 50.109 do not apply to non-power reactor licensees because the rulemaking record for Sec. 50.109 indicates that the Commission likely intended to apply this provision to only power reactors, and NRC practice has been consistent with this rulemaking record. The part 52 issue finality provisions do not apply to non-power reactors because part 52 does not apply to non-power reactors. This RG could be applied to applications for part 50 operating licenses, part 52 combined licenses, part 70 licenses, and part 76 certificates of compliance docketed by the NRC as of the date of issuance of the RG, as well as future such applications submitted after the issuance of the RG. Such action would not constitute backfitting as defined in 10 CFR 50.109, 70.76, or 76.76, or be otherwise inconsistent with the applicable issue finality provision in 10 CFR part 52, inasmuch as such applicants or potential applicants are not within the scope of entities protected by 10 CFR 50.109, 70.76, and 76.76, or the relevant issue finality provisions in part 52. Backfitting restrictions were not intended to apply to every NRC action that substantially changes settled expectations, and applicants have no reasonable expectation that future requirements may change, see 54 FR 15372 (April 18, 1989), at 15385-86. Although the issue finality provisions in part 52 are intended to provide regulatory stability and issue finality, the matters addressed in this RG (concerning certain security requirements in part 73) are not within the scope of issues that may be resolved for design certification, design approval or a manufacturing license, and therefore are not subject to issue finality protections in part 52. Dated at Rockville, Maryland, this 23rd day of July 2015. 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. 2015-19445 Filed 8-6-15; 8:45 am] BILLING CODE 7590-01-P
![47534 Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices
ML15209A575 (Volume 1) and Dated at Rockville, Maryland, this 30th day ML14290A268. The regulatory analysis
ML15209A270 (Volume 2). of July 2015. may be found in ADAMS under
• NRC’s PDR: You may examine and For the Nuclear Regulatory Commission. Accession No. ML12237A124.
purchase copies of public documents at James G. Danna, • NRC’s PDR: You may examine and
the NRC’s PDR, Room O1–F21, One Chief, Projects Branch 2, Division of License purchase copies of public documents at
White Flint North, 11555 Rockville Renewal, Office of Nuclear Reactor the NRC’s PDR, Room O1–F21, One
Pike, Rockville, Maryland 20852. Regulation. White Flint North, 11555 Rockville
FOR FURTHER INFORMATION CONTACT: Lois [FR Doc. 2015–19408 Filed 8–6–15; 8:45 am] Pike, Rockville, Maryland 20852.
James, Office of Nuclear Reactor BILLING CODE 7590–01–P
Regulatory guides are not
Regulation, U.S. Nuclear Regulatory copyrighted, and NRC approval is not
Commission, Washington, DC 20555– required to reproduce them.
0001; telephone: 301–415–3306; email: NUCLEAR REGULATORY FOR FURTHER INFORMATION CONTACT: Al
Lois.James@nrc.gov. COMMISSION Tardiff, Office of Nuclear Security and
Incident Response, telephone: 301–415–
SUPPLEMENTARY INFORMATION: [NRC–2014–0062] 7015, email: Al.Tardiff@nrc.gov or,
I. Background Special Nuclear Material Doorway Richard Jervey, Office of Nuclear
Monitors Regulatory Research, telephone:
In accordance with § 51.118 of Title
telephone: 301–251–7404, email:
10 of the Code of Federal Regulations,
AGENCY: Nuclear Regulatory Richard.Jervey@nrc.gov; U.S. Nuclear
the NRC is making available final
Commission. Regulatory Commission, Washington,
Supplement 46 to the GEIS regarding
ACTION: Regulatory guide; issuance. DC 20555–0001.
the renewal of NextEra operating license
SUPPLEMENTARY INFORMATION:
NPF–86 for an additional 20 years of
SUMMARY: The U.S. Nuclear Regulatory
operation for Seabrook. Draft I. Introduction
Commission (NRC) is issuing a revised
Supplement 46 to the GEIS was noticed The NRC is issuing a new guide in the
regulatory guide, (RG) 5.27, Revision 1,
by the NRC in the Federal Register on NRC’s ‘‘Regulatory Guide’’ series. This
‘‘Special Nuclear Material Doorway
August 5, 2011 (76 FR 47612), and series was developed to describe and
Monitors.’’ This guidance addresses
noticed by the Environmental Protection make available to the public information
NRC requirements that individuals must
Agency on August 12, 2011 (76 FR such as methods that are acceptable to
be searched as they leave a material
50214). The public comment period on the NRC staff for implementing specific
access area (MAA) for facilities that
draft Supplement 46 to the GEIS ended parts of the agency’s regulations,
contain special nuclear material (SNM)
on October 26, 2011. In April 2013, a techniques that the staff uses in
of a type and quantity that require an
supplement to draft Supplement 46 was evaluating specific problems or
MAA.
published. The supplement to draft postulated accidents, and data that the
Supplement 46 was noticed by the ADDRESSES: Please refer to Docket ID staff needs in its review of applications
Environmental Protection Agency on NRC–2014–0062 when contacting the for permits and licenses.
May 3, 2013 (78 FR 26027). The end of NRC about the availability of Regulatory Guide 5.27, Revision 1 was
the comment period for the supplement information regarding this document. issued for comment as Draft Regulatory
to draft Supplement 46 was on June 30, You may access information related to Guide (DG) 5038. The NRC developed
2013. The comments received on the this document, which the NRC this regulatory guide to describe a
draft Supplement 46 published in 2011 possesses and is publicly available, method that the NRC staff considers
and supplement to the draft Supplement using the following methods: acceptable to implement the search
in 2013 are addressed in final • Federal Rulemaking Web site: Go to requirement for concealed SNM applied
Supplement 46 to the GEIS. Final http://www.regulations.gov and search to personnel exiting a material access
Supplement 46 to the GEIS is available for Docket ID NRC–2014–0062. Address area MAA. For holders of a reactor
as indicated in the ADDRESSES section of questions about NRC dockets to Carol license under part 50 of title 10 of the
this document. Gallagher; telephone: 301–287–3422; Code of Federal Regulations (10 CFR)
email: Carol.Gallagher@nrc.gov. (Ref. 1), ‘‘Domestic Licensing of
II. Discussion • NRC’s Agencywide Documents Production and Utilization Facilities,’’ a
As discussed in Section 9.4 of the Access and Management System combined license under 10 CFR part 52,
final Supplement 46 to the GEIS, the (ADAMS): You may access publicly ‘‘Licenses, Certifications, and Approvals
NRC determined that the adverse available documents online in the for Nuclear Power Plants,’’ or a fuel
environmental impacts of license ADAMS Public Documents collection at cycle facility license under 10 CFR part
renewal for Seabrook are not so great http://www.nrc.gov/reading-rm/ 76, ‘‘Certification of Gaseous Diffusion
that preserving the option of license adams.html. To begin the search, select Plants,’’ having the need to possess or
renewal for energy-planning ‘‘ADAMS Public Documents’’ and then use SNM within their facility, the NRC
decisionmakers would be unreasonable. select ‘‘Begin Web-based ADAMS typically has included in their license a
This recommendation is based on: (1) Search.’’ For problems with ADAMS, condition granting a general license to
the analysis and findings in the GEIS; please contact the NRC’s Public use SNM under 10 CFR part 70,
(2) information provided in the Document Room (PDR) reference staff at ‘‘Domestic Licensing of Special Nuclear
environmental report and other 1–800–397–4209, 301–415–4737, or by Material.’’ The RG applies to facilities
documents submitted by NextEra; (3) email to pdr.resource@nrc.gov. The that contain SNM of a type and quantity
tkelley on DSK3SPTVN1PROD with NOTICES
consultation with Federal, State, local, ADAMS accession number for each to require an MAA. An MAA is any
and Tribal agencies; (4) the NRC staff’s document referenced in this notice (if location which contains special nuclear
independent environmental review; and that document is available in ADAMS) material, within a vault or a building,
(5) consideration of public comments is provided the first time that a the roof, walls, and floor of which each
received during the scoping process and document is referenced. Revision 1 of constitute a physical barrier.
on the draft Supplemental Regulatory Guide 5.27 is available in This RG is being revised because it
Environmental Impact Statement. ADAMS under Accession No. was out-of-date with current, related
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![Federal Register / Vol. 80, No. 152 / Friday, August 7, 2015 / Notices 47535
guidance and references in the CFR. § 50.109 indicates that the Commission Federal Employees’ Group Life
Related specifications and standards for likely intended to apply this provision Insurance (FEGLI) categories in
SNM monitors and metal detectors have to only power reactors, and NRC accordance with sections 870.401(a)(2)
been updated or developed since the practice has been consistent with this and 870.402(a)(3) of title 5 of the Code
previous revision was issued in 1974. rulemaking record. The part 52 issue of Federal Regulations. These include
This revision has been developed to finality provisions do not apply to non- changes to premium rates for Option A
provide detection practices and criteria power reactors because part 52 does not (most age bands), Option B (most age
that licensees may use to meet NRC apply to non-power reactors. bands), Option C (most age bands), and
regulations in 10 CFR part 73 and to This RG could be applied to Post-Retirement Basic Insurance. These
augment programmatic information applications for part 50 operating rates will be effective the first pay
within the general reference, NUREG– licenses, part 52 combined licenses, part period beginning on or after January 1,
1964, ‘‘Access Control Systems: 70 licenses, and part 76 certificates of 2016. The FEGLI Open Season will be
Technical Information for NRC compliance docketed by the NRC as of held from September 1, 2016 through
Licensees,’’ issued in April of 2011. the date of issuance of the RG, as well September 30, 2016.
NUREG–1964 may be found in ADAMS as future such applications submitted DATES: These rates will be effective the
under Accession No. ML1115A078. after the issuance of the RG. Such action first pay period beginning on or after
would not constitute backfitting as January 1, 2016.
II. Additional Information defined in 10 CFR 50.109, 70.76, or
FOR FURTHER INFORMATION CONTACT:
DG–5038 was published in the 76.76, or be otherwise inconsistent with
Federal Register on March 26, 2014, (79 Delon Pinto, Delon.Pinto@opm.gov,
the applicable issue finality provision in
FR 16832) for a 30 day public comment (202) 606–0004.
10 CFR part 52, inasmuch as such
period. The public comment period applicants or potential applicants are SUPPLEMENTARY INFORMATION: This
closed on April 25, 2014. Public not within the scope of entities notice announces an upcoming FEGLI
comments on DG–5038 and the staff protected by 10 CFR 50.109, 70.76, and Open Season between September 1,
responses to the public comments are 76.76, or the relevant issue finality 2016 and September 30, 2016 and also
available at ADAMS Accession Number provisions in part 52. Backfitting announces changes to FEGLI Option A
ML14288A653. restrictions were not intended to apply (most age bands), Option B (most age
to every NRC action that substantially bands), Option C (most age bands), and
III. Congressional Review Act Post-Retirement Basic Insurance.
changes settled expectations, and
This regulatory guide is a rule as applicants have no reasonable Open Seasons are one method by
defined in the Congressional Review expectation that future requirements which healthy individuals can be
Act (5 U.S.C. 801–808). However, the may change, see 54 FR 15372 (April 18, attracted to join and reduce the risk
Office of Management and Budget has 1989), at 15385–86. Although the issue profile of the program. Some less
not found it to be a major rule as finality provisions in part 52 are healthy individuals may elect coverage
defined in the Congressional Review intended to provide regulatory stability during Open Seasons. To mitigate this
Act. and issue finality, the matters addressed risk, the effective date for employees in
in this RG (concerning certain security active pay status who make an Open
IV. Backfitting and Issue Finality Season election would be delayed one
requirements in part 73) are not within
This RG applies to applicants for, and the scope of issues that may be resolved full year to October 1, 2017, subject to
current and future holders of special for design certification, design approval FEGLI law and regulation, including
nuclear material licenses under 10 CFR or a manufacturing license, and applicable pay and duty status
part 70, and operating licenses under therefore are not subject to issue finality requirements.
part 50, combined licenses under part protections in part 52. FEGLI premium rates are assessed
52, and certificates of compliance or based on Program experience in
approvals of a compliance plan for Dated at Rockville, Maryland, this 23rd day accordance with FEGLI statutes at
of July 2015. 8711(b), 8714a(e), 8714b(e), and
gaseous diffusion plants under part 76
if they are also applicants for, or holders For the Nuclear Regulatory Commission. 8714c(e), and OPM’s Annual FEGLI Rate
of, special nuclear material licenses Thomas H. Boyce, Review Process. The premium rates in
under part 70. Issuance of this RG does Chief, Regulatory Guidance and Generic the FEGLI program represent estimates
not constitute backfitting under 10 CFR Issues Branch, Division of Engineering, Office of premium income necessary to pay
parts 50, 70, or 76, and is not otherwise of Nuclear Regulatory Research. future expected benefits costs. The rates
inconsistent with the issue finality [FR Doc. 2015–19445 Filed 8–6–15; 8:45 am] for all coverage categories are specific to
provisions in 10 CFR part 52. As BILLING CODE 7590–01–P the experience of the FEGLI group and
discussed in the ‘‘Implementation’’ are not based on mortality rates within
section of the RG, the NRC has no the general population. Actuarial
current intention to impose this RG on OFFICE OF PERSONNEL analysis of changing mortality rates
holders of part 50 operating licenses, MANAGEMENT makes periodic premium adjustments
part 52 combined licenses, part 70 necessary.
licensees, or part 76 certificates of Federal Employees’ Group Life OPM has completed a study of
compliance. Moreover, the guidance in Insurance Program; Premium Changes funding and claims experience within
the RG addresses security issues, which and Open Season the FEGLI Program. Based on this
are matters separate from the technical AGENCY: U.S. Office of Personnel updated actuarial analysis of actual
tkelley on DSK3SPTVN1PROD with NOTICES
requirements to operate a facility Management. claims experience, OPM has determined
covered by backfitting and issue finality ACTION: Notice.
that changes are required to Option A,
provisions. Option B, Option C and Post-Retirement
The NRC has determined that the SUMMARY: The Office of Personnel Basic Insurance premiums. These
backfit provisions in § 50.109 do not Management (OPM) is announcing an changes reflect updated mortality and
apply to non-power reactor licensees upcoming FEGLI Open Season and claims rates from actual program
because the rulemaking record for changes in premium rates for certain experience within each FEGLI category.
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Document Created: 2015-12-15 10:57:21
Document Modified: 2015-12-15 10:57:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Regulatory guide; issuance. | |
| Contact | Al Tardiff, Office of Nuclear Security and Incident Response, telephone: 301-415-7015, email: [email protected] or, Richard Jervey, Office of Nuclear Regulatory Research, telephone: telephone: 301-251-7404, email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 80 FR 47534 |
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