81_FR_49423 81 FR 49279 - Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors

81 FR 49279 - Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 144 (July 27, 2016)

Page Range49279-49280
FR Document2016-17696

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revison 1 to Regulatory Guide (RG) 1.219, ``Guidance on Making Changes to Emergency Plans for Nuclear Power Reactors.'' This guidance has been updated to clarify how the guidance applies to emergency plan changes at facilities that have certified permanent cessation of operations.

Federal Register, Volume 81 Issue 144 (Wednesday, July 27, 2016)
[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49279-49280]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17696]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0278]


Guidance on Making Changes to Emergency Plans for Nuclear Power 
Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Revision to regulatory guide; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revison 1 to Regulatory Guide (RG) 1.219, ``Guidance on Making Changes 
to Emergency Plans for Nuclear Power Reactors.'' This guidance has been 
updated to clarify how the guidance applies to emergency plan changes 
at facilities that have certified permanent cessation of operations.

DATES: Revision 1 to RG 1.219 is available on July 27, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0278 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0278 . Address 
questions about NRC dockets to Carol Gallagher; telephone: (301) 415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) 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 Document 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 pdr.resource@nrc.gov. 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 to Regulatory Guide 1.219, and the 
regulatory analysis may be found in ADAMS under Accession No. 
ML16061A104 and ML15054A368 respectively.
     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: Stephen F. LaVie, Office of Nuclear 
Security and Incident Response, telephone: 301-287-3741, email: 
Steve.LaVie@nrc.gov; and Mark Orr, Office of Nuclear Regulatory 
Research, telephone: 301-415-6003, email: Mark.Orr@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 and 
make available to the public information regarding methods that are 
acceptable to the NRC staff for implementing specific parts of the 
agency's regulations, techniques that the NRC staff uses in evaluating 
specific issues or postulated events, and data that the NRC staff needs 
in its review of applications for permits and licenses.
    Revision 1 of RG 1.219 was issued with a temporary identification 
of Draft Regulatory Guide, DG-1324. This revision of the guide 
(Revision 1) addresses how the staff regulatory guidance applies to 
emergency plan changes at facilities that have certified permanent 
cessation of operation under Sec.  50.82 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Termination of License,'' or Sec.  
52.110, ``Termination of License,'' as applicable. The NRC identified 
the need for this clarification because of the inappropriate 
application of the Sec.  50.54(q) change process at sites that had 
permanently ceased operations in 2013. In addition, the NRC made some 
clarifications and format changes that did not change the intent of the 
guidance.

II. Additional Information

    The NRC published a notice of the availability of DG-1324 in the 
Federal Register on December 24, 2015 (80 FR 80396) for a 60-day public 
comment period. The public comment period closed on February 22, 2016. 
Public comments on DG-1324 and the NRC staff responses to the public 
comments are available in ADAMS under Accession No. ML16061A119.

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

    Revision 1 of RG 1.219 describes methods that the staff of the NRC 
considers acceptable for nuclear power reactor licensees to change 
their emergency preparedness plans. Issuance of this RG does not 
constitute backfitting as defined in Sec.  50.109 (the Backfit Rule) 
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 
current operating licenses or combined licenses. Moreover, explanations 
of the process by which a licensee makes changes to its emergency plan, 
provided in response to misinterpretations of the NRC's regulations by 
licensees, do not constitute modifications of or additions to systems, 
structures, components, or design of a facility; or the procedures or 
organization required to design, construct or operate a facility within 
the meaning of Sec.  50.109(a)(1). Accordingly, the issuance of this 
regulatory guide does not constitute ``backfitting'' as defined in 
Sec.  50.109(a)(1) and is not otherwise inconsistent with the 
applicable issue finality provisions in 10 CFR part 52.
    Regulatory Guide 1.219 may be applied to applications for operating 
licenses and combined licenses docketed by the NRC as of the date of 
issuance of the final RG, as well as future applications for operating 
licenses and combined licenses submitted after the issuance of the RG. 
Such action would not constitute backfitting as defined in Sec.  
50.109(a)(1) or be otherwise inconsistent with the applicable issue 
finality provision in 10 CFR part 52 because such applicants or 
potential applicants are not within the scope of entities protected by 
the Backfit Rule or the relevant issue finality provisions in 10 CFR 
part 52.

    Dated at Rockville, Maryland, this 21 day of July 2016.


[[Page 49280]]


    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. 2016-17696 Filed 7-26-16; 8:45 am]
 BILLING CODE 7590-01-P



                                                                             Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices                                              49279

                                                  Dated at Rockville, Maryland, this 18th day            document referenced in this notice (if                80396) for a 60-day public comment
                                                of July 2016.                                            that document is available in ADAMS)                  period. The public comment period
                                                  For the Nuclear Regulatory Commission.                 is provided the first time that a                     closed on February 22, 2016. Public
                                                John R. Tappert,                                         document is referenced. Revision 1 to                 comments on DG–1324 and the NRC
                                                Director, Division of Decommissioning,                   Regulatory Guide 1.219, and the                       staff responses to the public comments
                                                Uranium Recovery and Waste Programs,                     regulatory analysis may be found in                   are available in ADAMS under
                                                Office of Nuclear Material Safety and                    ADAMS under Accession No.                             Accession No. ML16061A119.
                                                Safeguards.                                              ML16061A104 and ML15054A368
                                                [FR Doc. 2016–17773 Filed 7–26–16; 8:45 am]
                                                                                                                                                               III. Congressional Review Act
                                                                                                         respectively.
                                                BILLING CODE 7590–01–P                                      • NRC’s PDR: You may examine and                      This regulatory guide is a rule as
                                                                                                         purchase copies of public documents at                defined in the Congressional Review
                                                                                                         the NRC’s PDR, Room O1–F21, One                       Act (5 U.S.C. 801–808). However, the
                                                NUCLEAR REGULATORY                                       White Flint North, 11555 Rockville                    Office of Management and Budget has
                                                COMMISSION                                               Pike, Rockville, Maryland 20852.                      not found it to be a major rule as
                                                [NRC–2015–0278]                                             Regulatory guides are not                          defined in the Congressional Review
                                                                                                         copyrighted, and NRC approval is not                  Act.
                                                Guidance on Making Changes to                            required to reproduce them.                           IV. Backfitting and Issue Finality
                                                Emergency Plans for Nuclear Power                        FOR FURTHER INFORMATION CONTACT:
                                                Reactors                                                                                                          Revision 1 of RG 1.219 describes
                                                                                                         Stephen F. LaVie, Office of Nuclear                   methods that the staff of the NRC
                                                AGENCY:  Nuclear Regulatory                              Security and Incident Response,                       considers acceptable for nuclear power
                                                Commission.                                              telephone: 301–287–3741, email:                       reactor licensees to change their
                                                ACTION: Revision to regulatory guide;                    Steve.LaVie@nrc.gov; and Mark Orr,                    emergency preparedness plans. Issuance
                                                issuance.                                                Office of Nuclear Regulatory Research,                of this RG does not constitute
                                                                                                         telephone: 301–415–6003, email:                       backfitting as defined in § 50.109 (the
                                                SUMMARY:    The U.S. Nuclear Regulatory                  Mark.Orr@nrc.gov. Both are staff of the               Backfit Rule) and is not otherwise
                                                Commission (NRC) is issuing Revison 1                    U.S. Nuclear Regulatory Commission,                   inconsistent with the issue finality
                                                to Regulatory Guide (RG) 1.219,                          Washington, DC 20555–0001.                            provisions in 10 CFR part 52. As
                                                ‘‘Guidance on Making Changes to                          SUPPLEMENTARY INFORMATION:                            discussed in the ‘‘Implementation’’
                                                Emergency Plans for Nuclear Power                                                                              section of the RG, the NRC has no
                                                Reactors.’’ This guidance has been                       I. Discussion
                                                                                                                                                               current intention to impose this RG on
                                                updated to clarify how the guidance                        The NRC is issuing a revision to an                 holders of current operating licenses or
                                                applies to emergency plan changes at                     existing guide in the NRC’s ‘‘Regulatory              combined licenses. Moreover,
                                                facilities that have certified permanent                 Guide’’ series. This series was                       explanations of the process by which a
                                                cessation of operations.                                 developed to describe and make                        licensee makes changes to its emergency
                                                DATES: Revision 1 to RG 1.219 is                         available to the public information                   plan, provided in response to
                                                available on July 27, 2016.                              regarding methods that are acceptable to              misinterpretations of the NRC’s
                                                ADDRESSES: Please refer to Docket ID                     the NRC staff for implementing specific               regulations by licensees, do not
                                                NRC–2015–0278 when contacting the                        parts of the agency’s regulations,                    constitute modifications of or additions
                                                NRC about the availability of                            techniques that the NRC staff uses in                 to systems, structures, components, or
                                                information regarding this document.                     evaluating specific issues or postulated              design of a facility; or the procedures or
                                                You may obtain publicly-available                        events, and data that the NRC staff                   organization required to design,
                                                information related to this document                     needs in its review of applications for               construct or operate a facility within the
                                                using any of the following methods:                      permits and licenses.                                 meaning of § 50.109(a)(1). Accordingly,
                                                   • Federal Rulemaking Web site: Go to                    Revision 1 of RG 1.219 was issued                   the issuance of this regulatory guide
                                                http://www.regulations.gov and search                    with a temporary identification of Draft              does not constitute ‘‘backfitting’’ as
                                                for Docket ID NRC–2015–0278 . Address                    Regulatory Guide, DG–1324. This                       defined in § 50.109(a)(1) and is not
                                                questions about NRC dockets to Carol                     revision of the guide (Revision 1)                    otherwise inconsistent with the
                                                Gallagher; telephone: (301) 415–3463;                    addresses how the staff regulatory                    applicable issue finality provisions in
                                                email: Carol.Gallagher@nrc.gov. For                      guidance applies to emergency plan                    10 CFR part 52.
                                                technical questions, contact the                         changes at facilities that have certified                Regulatory Guide 1.219 may be
                                                individual(s) listed in the FOR FURTHER                  permanent cessation of operation under                applied to applications for operating
                                                INFORMATION CONTACT section of this                      § 50.82 of title 10 of the Code of Federal            licenses and combined licenses
                                                document.                                                Regulations (10 CFR), ‘‘Termination of                docketed by the NRC as of the date of
                                                   • NRC’s Agencywide Documents                          License,’’ or § 52.110, ‘‘Termination of              issuance of the final RG, as well as
                                                Access and Management System                             License,’’ as applicable. The NRC                     future applications for operating
                                                (ADAMS): You may obtain publicly                         identified the need for this clarification            licenses and combined licenses
                                                available documents online in the                        because of the inappropriate application              submitted after the issuance of the RG.
                                                ADAMS Public Document collection at                      of the § 50.54(q) change process at sites             Such action would not constitute
                                                http://www.nrc.gov/reading-rm/                           that had permanently ceased operations                backfitting as defined in § 50.109(a)(1)
                                                adams.html. To begin the search, select                  in 2013. In addition, the NRC made                    or be otherwise inconsistent with the
                                                ‘‘ADAMS Public Documents’’ and then                                                                            applicable issue finality provision in 10
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                                                                                                         some clarifications and format changes
                                                select ‘‘Begin Web-based ADAMS                           that did not change the intent of the                 CFR part 52 because such applicants or
                                                Search.’’ For problems with ADAMS,                       guidance.                                             potential applicants are not within the
                                                please contact the NRC’s Public                                                                                scope of entities protected by the Backfit
                                                Document Room (PDR) reference staff at                   II. Additional Information                            Rule or the relevant issue finality
                                                1–800–397–4209, 301–415–4737, or by                        The NRC published a notice of the                   provisions in 10 CFR part 52.
                                                email to pdr.resource@nrc.gov. The                       availability of DG–1324 in the Federal                  Dated at Rockville, Maryland, this 21 day
                                                ADAMS accession number for each                          Register on December 24, 2015 (80 FR                  of July 2016.



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                                                49280                        Federal Register / Vol. 81, No. 144 / Wednesday, July 27, 2016 / Notices

                                                   For the Nuclear Regulatory Commission.                I. Obtaining Information and                          comment submissions into ADAMS,
                                                Thomas H. Boyce,                                         Submitting Comments                                   and the NRC does not routinely edit
                                                Chief, Regulatory Guidance and Generic                                                                         comment submissions to remove
                                                                                                         A. Obtaining Information
                                                Issues Branch, Division of Engineering, Office                                                                 identifying or contact information.
                                                of Nuclear Regulatory Research.                             Please refer to Docket ID NRC–2016–                  If you are requesting or aggregating
                                                [FR Doc. 2016–17696 Filed 7–26–16; 8:45 am]              0016 when contacting the NRC about                    comments from other persons for
                                                BILLING CODE 7590–01–P
                                                                                                         the availability of information for this              submission to the NRC, then you should
                                                                                                         action. You may obtain publicly-                      inform those persons not to include
                                                                                                         available information related to this                 identifying or contact information that
                                                NUCLEAR REGULATORY                                       action by any of the following methods:               they do not want to be publicly
                                                COMMISSION                                                  • Federal rulemaking Web site: Go to               disclosed in their comment submission.
                                                                                                         http://www.regulations.gov and search                 Your request should state that the NRC
                                                [NRC–2016–0016]                                          for Docket ID NRC–2016–0016. A copy                   does not routinely edit comment
                                                                                                         of the collection of information and                  submissions to remove such information
                                                Information Collection: NRC Forms                        related instructions may be obtained                  before making the comment
                                                366, 366A, and 366B, ‘‘Licensee Event                    without charge by accessing Docket ID                 submissions available to the public or
                                                Report’’                                                 NRC–2016–0016 on this Web site.                       entering the comment into ADAMS.
                                                                                                            • NRC’s Agencywide Documents
                                                AGENCY:  Nuclear Regulatory                              Access and Management System                          II. Background
                                                Commission.                                              (ADAMS): You may obtain publicly-                        In accordance with the Paperwork
                                                ACTION: Renewal of existing information                  available documents online in the                     Reduction Act of 1995 (44 U.S.C.
                                                collection; request for comment.                         ADAMS Public Documents collection at                  Chapter 35), the NRC is requesting
                                                                                                         http://www.nrc.gov/reading-rm/                        public comment on its intention to
                                                SUMMARY:   The U.S. Nuclear Regulatory                   adams.html. To begin the search, select               request the OMB’s approval for the
                                                Commission (NRC) invites public                          ‘‘ADAMS Public Documents’’ and then                   information collection summarized
                                                comment on the renewal of Office of                      select ‘‘Begin Web-based ADAMS                        below.
                                                Management and Budget (OMB)                              Search.’’ For problems with ADAMS,                       1. The title of the information
                                                approval for an existing collection of                   please contact the NRC’s Public                       collection: NRC Forms 366, 366A, and
                                                information. The information collection                  Document Room (PDR) reference staff at                366B, ‘‘Licensee Event Report’’.
                                                is entitled, NRC Forms 366, 366A, and                    1–800–397–4209, 301–415–4737, or by                      2. OMB approval number: 3150–0104.
                                                366B, ‘‘Licensee Event Report.’’                         email to pdr.resource@nrc.gov. A copy                    3. Type of submission: Extension.
                                                DATES: Submit comments by September                      of the collection of information and                     4. The form number, if applicable:
                                                26, 2016. Comments received after this                   related instructions may be obtained                  NRC Forms 366, 366A, and 366B.
                                                date will be considered if it is practical               without charge by accessing ADAMS                        5. How often the collection is required
                                                to do so, but the Commission is able to                  Accession No. ML16077A065. The                        or requested: As needed per § 50.73 of
                                                ensure consideration only for comments                   supporting statement and NRC Forms                    title 10 of the Code of Federal
                                                received on or before this date.                         366, 366A, and 366B, ‘‘Licensee Event                 Regulations (10 CFR), ‘‘Licensee event
                                                ADDRESSES: You may submit comments                       Report,’’ are available in ADAMS under                report system.’’ The total number of
                                                by any of the following methods:                         Accession No. ML16077A140.                            reports is estimated to be 350 per year.
                                                   • Federal Rulemaking Web site: Go to                     • NRC’s PDR: You may examine and                      6. Who will be required or asked to
                                                http://www.regulations.gov and search                    purchase copies of public documents at                respond: The holder of an operating
                                                for Docket ID NRC–2016–0016. Address                     the NRC’s PDR, Room O1–F21, One                       license under 10 CFR part 50 or a
                                                questions about NRC dockets to Carol                     White Flint North, 11555 Rockville                    combined license under 10 CFR part 52
                                                Gallagher; telephone: 301–415–3463;                      Pike, Rockville, Maryland 20852.                      (after the Commission has made the
                                                email: Carol.Gallagher@nrc.gov. For                         • NRC’s Clearance Officer: A copy of               finding under § 52.103(g)).
                                                                                                         the collection of information and related                7. The estimated number of annual
                                                technical questions, contact the
                                                                                                         instructions may be obtained without                  responses: The total number of reports
                                                individual listed in the FOR FURTHER
                                                                                                         charge by contacting NRC’s Clearance                  is estimated to be 350 per year.
                                                INFORMATION CONTACT section of this
                                                                                                         Officer, David Cullison, Office of the                   8. The estimated number of annual
                                                document.
                                                                                                         Chief Information Officer, U.S. Nuclear               respondents: 100.
                                                   • Mail comments to: David Cullison,                                                                            9. The estimated number of hours
                                                Office of the Chief Information Officer,                 Regulatory Commission, Washington,
                                                                                                         DC 20555–0001; telephone: 301–415–                    needed annually to comply with the
                                                Mail Stop: T–5 F53, U.S. Nuclear                                                                               information collection requirement or
                                                Regulatory Commission, Washington,                       2084; email: INFOCOLLECTS.Resource@
                                                                                                         NRC.GOV.                                              request: The total estimated burden for
                                                DC 20555–0001.                                                                                                 completing Licensee Event Reports is
                                                   For additional direction on obtaining                 B. Submitting Comments                                28,000 hours (based on 80 hours for
                                                information and submitting comments,                                                                           each of 350 reports).
                                                                                                           Please include Docket ID NRC–2016–
                                                see ‘‘Obtaining Information and                                                                                   10. Abstract: Part of the NRC’s
                                                                                                         0016 in the subject line of your
                                                Submitting Comments’’ in the                                                                                   function is to license and regulate the
                                                                                                         comment submission, in order to ensure
                                                SUPPLEMENTARY INFORMATION section of
                                                                                                         that the NRC is able to make your                     operation of commercial nuclear power
                                                this document.                                                                                                 plants to ensure protection of public
                                                                                                         comment submission available to the
                                                FOR FURTHER INFORMATION CONTACT:                                                                               health and safety and the environment
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                                                                                                         public in this docket.
                                                David Cullison, Office of the Chief                        The NRC cautions you not to include                 in accordance with the Atomic Energy
                                                Information Officer U.S. Nuclear                         identifying or contact information in                 Act of 1954 (the Act) as amended. In
                                                Regulatory Commission, Washington,                       comment submissions that you do not                   order for the NRC to carry out these
                                                DC 20555–0001; Telephone: 301–415–                       want to be publicly disclosed in your                 responsibilities, licensees must report
                                                2084; email: INFOCOLLECTS.Resource@                      comment submission. The NRC will                      significant events in accordance with
                                                NRC.GOV.                                                 post all comment submissions at http://               § 50.73, so that the NRC can evaluate the
                                                SUPPLEMENTARY INFORMATION:                               www.regulations.gov as well as enter the              events to determine what actions, if any,


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Document Created: 2018-02-08 08:02:24
Document Modified: 2018-02-08 08:02:24
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRevision to regulatory guide; issuance.
DatesRevision 1 to RG 1.219 is available on July 27, 2016.
ContactStephen F. LaVie, Office of Nuclear Security and Incident Response, telephone: 301-287-3741, email: [email protected]; and Mark Orr, Office of Nuclear Regulatory Research, telephone: 301-415-6003, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555- 0001.
FR Citation81 FR 49279 

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