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.

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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 sradovich on DSK3GMQ082PROD with NOTICES 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 sradovich on DSK3GMQ082PROD with NOTICES 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, VerDate Sep<11>2014 17:01 Jul 26, 2016 Jkt 238001 PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 E:\FR\FM\27JYN1.SGM 27JYN1


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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