81 FR 44054 - Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 129 (July 6, 2016)

Page Range		44054-44055
FR Document		2016-15951

The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG- 1927, Revision 1, ``Standard Review Plan for Renewal of Specific Licenses and Certificates of Compliance for Dry Storage of Spent Nuclear Fuel.'' The NUREG provides guidance to the NRC staff for the safety review of renewal applications for specific licenses of independent spent fuel storage installations (ISFSIs) and certificates of compliance of spent fuel dry storage systems.

Federal Register, Volume 81 Issue 129 (Wednesday, July 6, 2016)

[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Notices]
[Pages 44054-44055]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15951]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0106]


Standard Review Plan for Renewal of Specific Licenses and 
Certificates of Compliance for Dry Storage of Spent Nuclear Fuel

AGENCY: Nuclear Regulatory Commission.

ACTION: NUREG; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing NUREG-
1927, Revision 1, ``Standard Review Plan for Renewal of Specific 
Licenses and Certificates of Compliance for Dry Storage of Spent 
Nuclear Fuel.'' The NUREG provides guidance to the NRC staff for the 
safety review of renewal applications for specific licenses of 
independent spent fuel storage installations (ISFSIs) and certificates 
of compliance of spent fuel dry storage systems.

ADDRESSES: Please refer to Docket ID NRC-2015-0106 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0106. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. 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 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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document.
     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: Kristina Banovac, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-415-7116, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Discussion

    The NRC staff is issuing NUREG-1927, Revision 1 (ADAMS Accession 
No. ML16179A148), to provide greater detail and clarity for the various 
elements of the staff's safety review of renewal applications for 
specific ISFSI licenses and certificates of compliance of spent fuel 
dry storage systems.
    Through the development of NUREG-1927, Revision 1, the staff 
engaged with stakeholders in public meetings to obtain input on 
potential changes to the guidance. The staff developed the draft NUREG-
1927, Revision 1, which addressed the staff's recent review experience 
with spent fuel storage renewal reviews and the valuable input received 
from stakeholders. The draft NUREG-1927, Revision 1, was published for 
public comment on July 7, 2015 (80 FR 38780). The staff considered 
public comments received on the draft guidance in preparing the final 
NUREG-1927, Revision 1. The public comments are located in ADAMS under 
Accession No. ML15356A560. The staff also prepared responses to the 
public comments (ADAMS Accession No. ML16125A534).

II. Backfitting and Issue Finality Provisions

    NUREG-1927, Revision 1, provides guidance to the NRC staff for the 
safety review of renewal applications for specific ISFSI licenses and 
certificates of compliance of spent fuel dry storage systems. This 
revision to NUREG-1927 does not present a new staff position, but only 
clarifies and expands upon information previously provided. Issuance of 
this NUREG would not constitute backfitting as defined in the 
backfitting provisions in section 72.62 of title 10 of the Code of 
Federal Regulations (10 CFR), which are applicable to specific ISFSI 
licensees. Issuance of the NUREG would also not constitute backfitting 
under 10 CFR 50.109, or otherwise be inconsistent with the issue 
finality provisions in 10 CFR part 52, which are applicable to general 
ISFSI licensees using the certificates of compliance. The NRC's 
position is based upon the following considerations.
    1. The NUREG positions do not constitute backfitting, inasmuch as 
the NUREG is internal guidance directed at the NRC staff with respect 
to their regulatory responsibilities.
    The NUREG provides guidance to the staff on how to review an 
application for the NRC's regulatory approval in the form of licensing. 
Changes in internal staff guidance are not matters for which ISFSI 
applicants or general ISFSI licensees using certificates of compliance 
are protected under the backfitting provisions in 10 CFR 72.62 and 10 
CFR 50.109, or the issue finality provisions of 10 CFR part 52.
    2. The NRC staff has no intention to impose the NUREG positions on 
existing licensees and regulatory approvals, either now or in the 
future.
    The staff does not intend to impose or apply the positions 
described in the NUREG to existing (already issued) licenses and 
regulatory approvals. Therefore, the issuance of this NUREG--even if 
considered guidance which is within the purview of the issue finality 
provisions in part 52--need not be

[[Page 44055]]

evaluated as if it were a backfit or as being inconsistent with issue 
finality provisions. If, in the future, the staff seeks to impose a 
position in the NUREG on holders of already issued licenses in a manner 
which does not provide issue finality as described in the applicable 
issue finality provision, then the staff must make the showing as set 
forth in the backfitting provisions in 10 CFR 72.62 and 10 CFR 50.109, 
or address the criteria for avoiding issue finality as described in the 
applicable issue finality provision in 10 CFR part 52.
    3. Backfitting and issue finality do not--with limited exceptions 
not applicable here--protect current or future applicants.
    Applicants and potential applicants are not, with certain 
exceptions, protected by the backfitting provisions in 10 CFR 72.62 or 
10 CFR 50.109, or any issue finality provisions under part 52. This is 
because neither of the backfitting provisions in parts 72 and 50, nor 
the issue finality provisions under part 52--with certain exclusions 
discussed below--were intended to apply to every NRC action which 
substantially changes the expectations of current and future 
applicants. The exceptions to the general principle are applicable 
whenever an applicant references a part 52 license (e.g., an early site 
permit) and/or NRC regulatory approval (e.g., a design certification 
rule) with specified issue finality provisions. However, the matters 
address in this NUREG are not subject matters or issues for which issue 
finality protection is provided.

III. Congressional Review Act

    This NUREG 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.

    Dated at Rockville, Maryland, this 28 day of June 2016.

    For the Nuclear Regulatory Commission.
Anthony H. Hsia,
Deputy Director, Division of Spent Fuel Management, Office of Nuclear 
Material Safety and Safeguards.
[FR Doc. 2016-15951 Filed 7-5-16; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Notices 44055

evaluated as if it were a backfit or as OFFICE OF PERSONNEL DATES: Comments are encouraged and
being inconsistent with issue finality MANAGEMENT will be accepted until September 6,
provisions. If, in the future, the staff 2016. This process is conducted in
seeks to impose a position in the Submission for Review: Presidential accordance with 5 CFR 1320.1.
NUREG on holders of already issued Management Fellows (PMF) ADDRESSES: Interested persons are
licenses in a manner which does not Application, 3206–0082 invited to submit written comments on
provide issue finality as described in the AGENCY: U.S. Office of Personnel the proposed information collection to
applicable issue finality provision, then Management. the U.S. Office of Personnel
the staff must make the showing as set ACTION: 60-Day notice and request for Management, PMF Program Office,
forth in the backfitting provisions in 10 comments. Attention: Rob Timmins, 1900 E Street
CFR 72.62 and 10 CFR 50.109, or NW., Room 6500, Washington, DC
address the criteria for avoiding issue SUMMARY: The Office of Personnel 20415, or sent via electronic mail to
finality as described in the applicable Management (OPM) offers the general pmf@opm.gov.
issue finality provision in 10 CFR part public and other Federal agencies the
FOR FURTHER INFORMATION CONTACT: A
opportunity to comment on a
52. copy of this ICR, with applicable
reinstatement, with change, of a
3. Backfitting and issue finality do supporting documentation, may be
previously approved collection for
not—with limited exceptions not obtained by contacting the U.S. Office of
which approval has expired, for
applicable here—protect current or Personnel Management, PMF Program
information collection request (ICR)
future applicants. 3206–0082, Presidential Management Office, Attention: Rob Timmins, 1900 E
Fellows (PMF) Application. As required Street NW., Room 6500, Washington,
Applicants and potential applicants DC 20415, or sent via electronic mail to
are not, with certain exceptions, by the Paperwork Reduction Act of 1995
(Pub. L. 104–13, 44 U.S.C. chapter 35), pmf@opm.gov.
protected by the backfitting provisions
as amended by the Clinger-Cohen Act SUPPLEMENTARY INFORMATION: Executive
in 10 CFR 72.62 or 10 CFR 50.109, or Order 13562, Recruiting and Hiring
(Pub. L. 104–106), OPM is soliciting
any issue finality provisions under part Students and Recent Graduates, and
comments for this collection on behalf
52. This is because neither of the of the Office of Management and implementing regulations increased the
backfitting provisions in parts 72 and Budget. Changes to this collection applicant window of eligibility.
50, nor the issue finality provisions include: (1) Reduction in estimated Students about to complete an advanced
under part 52—with certain exclusions responses, (2) adjustments to the list of degree and individuals who completed
discussed below—were intended to degrees\disciplines based on Federal an advanced degree, from an accredited
apply to every NRC action which agency estimates (including adjustments academic institution, within the two
substantially changes the expectations for needed STEM (Science, Technology, years prior to the opening date will use
of current and future applicants. The Engineering, and Mathematics) the application to apply for the
exceptions to the general principle are degrees\disciplines), (3) adjustments to Presidential Management Fellows (PMF)
applicable whenever an applicant the list of additional skills and attributes Program. Advanced degree is defined as
references a part 52 license (e.g., an based on Federal agency estimates, (4) a master’s, professional, or doctorate
early site permit) and/or NRC regulatory adjustments to the list of languages degree.
approval (e.g., a design certification based on Federal agency estimates, and The annual application is available as
rule) with specified issue finality (5) the potential to ask applicants an embedded link with an
provisions. However, the matters preferred geographic location if selected announcement posted on USAJOBS
address in this NUREG are not subject as a Semi-Finalist in choosing an in- (www.USAJOBS.gov). Applicants are
matters or issues for which issue finality person assessment center location. asked to submit a resume and transcript;
The Office of Management and Budget submit supporting documentation for
protection is provided.
is particularly interested in comments claiming veterans’ preference or Indian
III. Congressional Review Act that: preference, or requesting reasonable
1. Evaluate whether the proposed accommodations; complete an on-line
This NUREG is a rule as defined in collection of information is necessary assessment; and, submit three essays as
the Congressional Review Act (5 U.S.C. for the proper performance of the part of the assessment process.
801–808). However, the Office of functions of the agency, including Information on the PMF Program and
Management and Budget has not found whether the information will have the application process can be found at
it to be a major rule as defined in the practical utility; www.pmf.gov.
Congressional Review Act. 2. Evaluate the accuracy of the
agency’s estimate of the burden of the Analysis
Dated at Rockville, Maryland, this 28 day proposed collection of information,
of June 2016. Agency: U.S. Office of Personnel
including the validity of the
For the Nuclear Regulatory Commission. Management.
methodology and assumptions used;
Anthony H. Hsia, 3. Enhance the quality, utility, and Title: Presidential Management
clarity of the information to be Fellows (PMF) Application.
Deputy Director, Division of Spent Fuel
Management, Office of Nuclear Material collected; and OMB Number: 3206–0082.
Safety and Safeguards. 4. Minimize the burden of the Affected Public: Current graduate
[FR Doc. 2016–15951 Filed 7–5–16; 8:45 am] collection of information on those who students who are expected to complete
ehiers on DSK5VPTVN1PROD with NOTICES

are to respond, including through the their advanced degree requirements by
BILLING CODE 7590–01–P
use of appropriate automated, August 31st of the following year upon
electronic, mechanical, or other applying and individuals who obtained
technological collection techniques or an advanced degree within the previous
other forms of information technology, two years from the annual application
e.g., permitting electronic submissions launching, from an accredited academic
of responses. institution.

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Document Created: 2016-07-06 07:55:55
Document Modified: 2016-07-06 07:55:55

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		NUREG; issuance.
Contact		Kristina Banovac, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-7116, email: [email protected]
FR Citation		81 FR 44054