81 FR 74484 - Independent Assessment of Nuclear Material Control and Accounting Systems

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 207 (October 26, 2016)

Page Range		74484-74485
FR Document		2016-25904

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to Regulatory Guide (RG) 5.51, ``Independent Assessment of Nuclear Material Control and Accounting Systems.'' Revision 1 is based on experience gained since RG 5.51 was initially published in June 1975, and reflects revisions to the NRC's material control & accounting (MC&A) regulations that have been made since 1975. Updates include use of the term ``independent assessment'' to replace ``management review,'' and use of the term ``inventory difference'' to replace ``material unaccounted for.''

Federal Register, Volume 81 Issue 207 (Wednesday, October 26, 2016)

[Federal Register Volume 81, Number 207 (Wednesday, October 26, 2016)]
[Notices]
[Pages 74484-74485]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25904]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0214]


Independent Assessment of Nuclear Material Control and Accounting 
Systems

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory Guide; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 1 to Regulatory Guide (RG) 5.51, ``Independent Assessment of 
Nuclear Material Control and Accounting Systems.'' Revision 1 is based 
on experience gained since RG 5.51 was initially published in June 
1975, and reflects revisions to the NRC's material control & accounting 
(MC&A) regulations that have been made since 1975. Updates include use 
of the term ``independent assessment'' to replace ``management 
review,'' and use of the term ``inventory difference'' to replace 
``material unaccounted for.''

DATES: Revision 1 to RG 5.51 is available on October 26, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0214 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-2015-0214. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public 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 [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 to RG 5.51 may be found in ADAMS 
under Accession No. ML16223A915. The regulatory analysis supporting 
Revision 1 may be found in ADAMS under Accession No. ML16223A917.
     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: Glenn Tuttle, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-7230, email: 
[email protected], or Mekonen Bayssie, Office of Nuclear Regulatory 
Research, telephone: 301-415-1699, email: [email protected]; 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.
    The proposed Revision 1 of RG 5.51 was published for comment in 
September 2015, and carried the temporary identification of Draft 
Regulatory Guide, DG-5049, ``Independent Assessment of Nuclear Material 
Control and Accounting Systems.'' This guidance reflects the post 1975 
revisions made to the NRC's MC&A regulations, that are now in title 10 
of the Code of Federal Regulations (10 CFR) part 74, ``Material Control 
and Accounting of Special Nuclear Material [SNM].'' The MC&A provisions 
requiring independent assessments that this guidance applies to are:
    (1) 10 CFR 74.31(c)(8) established in 1985 and applicable to 
licensees of facilities authorized to hold SNM of low strategic 
significance (such facilities are often referred to as ``Category III 
fuel cycle facilities'');
    (2) 10 CFR 74.33(c)(8), established in 1991 and applicable to 
licensees authorized to operate uranium enrichment facilities;
    (3) 10 CFR 74.43(b)(8), established in 2002 and applicable to 
licensees of facilities authorized to hold SNM of moderate strategic 
significance (such facilities are often referred to as ``Category II 
fuel cycle facilities''); and
    (4) 10 CFR 74.59(h)(4), established in 1987 and applicable to 
licensees of facilities authorized to possess five of more formula 
kilograms of strategic SNM (such facilities are often referred to as 
``Category I fuel cycle facilities'').
    The updated guidance also incorporates experience gained since RG 
5.51 was initially published in June 1975. For example, the guidance 
for performing independent assessments has been expanded to include 
process monitoring and item monitoring for Category I fuel cycle 
facilities, and to include guidance for uranium enrichment facilities. 
In addition, this revision addresses changes in MC&A terminology since 
the RG was published in 1975; for example, the term ``management 
review'' has been replaced by ``independent assessment,'' and 
``material unaccounted for'' by ``inventory difference.''

II. Additional Information

    The NRC published a notice of the availability of DG-5049 in the 
Federal Register on September 17, 2015 (80 FR 55880) for a 60-day 
public comment period. The public comment period closed on November 16, 
2015. Public comments on DG-5049 and the staff responses to the public 
comments are available under ADAMS under Accession No. ML16223A913.

III. Congressional Review Act

    This RG is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

IV. Backfitting and Issue Finality

    Issuance of this final regulatory guide does not constitute 
backfitting as defined in 10 CFR 70.76, 72.62, or 76.76. As discussed 
in the ``Implementation'' section of this regulatory guide, the NRC has 
no current intention to impose this regulatory guide on holders of 
current licenses. This regulatory guide may be applied to applications 
for special nuclear material subject to 10 CFR part 74 docketed by the 
NRC as of the date

[[Page 74485]]

of issuance of the final regulatory guide, as well as future 
applications after the issuance of the regulatory guide. Such action 
does not constitute backfitting as defined in 10 CFR 70.76, 72.62, or 
76.76, inasmuch as such applicants or potential applicants are not 
within the scope of entities protected by these backfit provisions. 
This RG provides guidance on recordkeeping and reporting requirements 
with respect to material control and accounting, as set forth in 10 CFR 
part 74. The regulatory position stated in this guidance demonstrates a 
method that the NRC staff finds acceptable for an applicant or licensee 
to meet the requirements of the underlying NRC regulations. This 
guidance imposes no new requirements on licensees, and information 
collection and reporting requirements with respect to material control 
and accounting are not included within the scope of the NRC's 
backfitting protections.



    Dated at Rockville, Maryland, this 21st day of October, 2016.

    For the Nuclear Regulatory Commission.
Stanley Gardocki,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2016-25904 Filed 10-25-16; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 81, No. 207 / Wednesday, October 26, 2016 / Notices 74485

of issuance of the final regulatory guide, FOR FURTHER INFORMATION CONTACT: The Notice also includes an
as well as future applications after the David A. Trissell, General Counsel, at application for non-public treatment of
issuance of the regulatory guide. Such 202–789–6820. the attributable costs, contribution, and
action does not constitute backfitting as SUPPLEMENTARY INFORMATION: cost coverage data in the unredacted
defined in 10 CFR 70.76, 72.62, or version of the annex to Governors’
76.76, inasmuch as such applicants or Table of Contents Decision No. 16–7, as well as the
potential applicants are not within the I. Introduction and Overview supporting materials for the data.
scope of entities protected by these II. Initial Administrative Actions Planned price adjustments.
backfit provisions. This RG provides III. Ordering Paragraphs Governors’ Decision No. 16–7 includes
guidance on recordkeeping and an overview of the Postal Service’s
I. Introduction and Overview
reporting requirements with respect to planned percentage changes, which is
material control and accounting, as set On October 19, 2016, the Postal summarized in the table below.
forth in 10 CFR part 74. The regulatory Service filed notice with the
position stated in this guidance Commission concerning changes in TABLE I–1
demonstrates a method that the NRC rates of general applicability for
staff finds acceptable for an applicant or competitive products.1 The Notice also Average
includes related classification changes. price
licensee to meet the requirements of the Product name increase
underlying NRC regulations. This The Postal Service represents that, as (percent)
guidance imposes no new requirements required by Commission rule 39 CFR
on licensees, and information collection 3015.2(b), the Notice includes an Domestic Competitive Products
and reporting requirements with respect explanation and justification for the
to material control and accounting are changes, the effective date, and a Priority Mail Express ..................... 3.4
schedule of the changed rates. Notice at Retail ......................................... 3.7
not included within the scope of the Commercial Base ...................... 2.4
NRC’s backfitting protections. 1. The changes are scheduled to become
Commercial Plus ....................... 2.3
effective on January 22, 2017. Id. Priority Mail ................................... 3.9
Attached to the Notice is Governors’ Retail ......................................... 3.3
Dated at Rockville, Maryland, this 21st day Decision No. 16–7, which states the new Commercial Base ...................... 4.1
of October, 2016.
prices and classification changes are in Commercial Plus ....................... 4.5
For the Nuclear Regulatory Commission. accordance with 39 U.S.C. 3632, 3633, Parcel Select ................................ ................
Stanley Gardocki, and 39 CFR 3015.2.2 Governors’ Destination-Entered .................. 4.9
Acting Chief, Regulatory Guidance and Decision No. 16–7 provides an analysis Lightweight ................................ 8.0
Generic Issues Branch, Division of Parcel Select Ground ................ 2.7
of the competitive products’ price and Parcel Return Service .................. 5.5
Engineering, Office of Nuclear Regulatory classification changes intended to
Research. Return Sectional Center Facility 5.8
demonstrate that the changes comply Return Delivery Unit .................. 5.2
[FR Doc. 2016–25904 Filed 10–25–16; 8:45 am]
with 39 U.S.C. 3633 and 39 CFR part First-Class Package Service ........ 4.1
BILLING CODE 7590–01–P 3015. Governors’ Decision No. 16–7 at 1. Retail Ground ............................... 3.8
The attachment to Governors’ Decision
No. 16–7 sets forth the price changes Domestic Extra Services
POSTAL REGULATORY COMMISSION and includes draft Mail Classification Premium Forwarding Service En-
Schedule (MCS) language for rollment Fee .............................. 3.8
[Docket No. CP2017–20; Order No. 3574] competitive products of general Adult Signature Service ................ ................
applicability. Basic ......................................... 3.5
Competitive Price Adjustment
Governors’ Decision No. 16–7 Person-Specific ......................... 3.4
AGENCY: Postal Regulatory Commission. includes two additional attachments: Address Enhancement Service .... 1.9–7.9
ACTION: Notice. • A partially redacted table showing Competitive Post Office Box ........ 6.5
FY 2017 projected volumes, revenues, Package Intercept Service ........... 3.2
Pickup On Demand ...................... 10
SUMMARY: The Commission is noticing a attributable costs, contribution, and cost
recently filed Postal Service notice of coverage for each product, assuming International Competitive Products
rate adjustments affecting competitive implementation of the new prices on
domestic and international products January 22, 2017. Global Express Guaranteed ......... 4.9
and services, along with numerous • A partially redacted table showing Priority Mail Express International 0.0
proposed classification changes. The FY 2017 projected volumes, revenues, Priority Mail International .............. 0.0
adjustments and other changes are attributable costs, contribution, and cost International Priority Airmail ......... 3.8
International Priority Airmail M-
scheduled to take effect January 22, coverage for each product, assuming a
Bags ...................................... 3.9
2017. This notice informs the public of hypothetical implementation of the new International Surface Air Lift ......... 3.8
the filing, invites public comment, and prices on October 1, 2016. International Surface Air Lift M-
takes other administrative steps. Bags ...................................... 3.9
1 Notice of the United States Postal Service of
DATES: Comments are due: November 2, Airmail M-Bags ............................. 4.9
Changes in Rates of General Applicability for First-Class Package International
2016. Competitive Products Established in Governors’ Service ...................................... 0.0
ADDRESSES: Submit comments Decision No. 16–7, October 19, 2016 (Notice).
asabaliauskas on DSK3SPTVN1PROD with NOTICES

electronically via the Commission’s Pursuant to 39 U.S.C. 3632(b)(2), the Postal Service
is obligated to publish the Governors’ Decision and
International Ancillary Services and Special
Filing Online system at http:// record of proceedings in the Federal Register at Services
www.prc.gov. Those who cannot submit least 30 days before the effective date of the new
comments electronically should contact rates or classes. International Ancillary Services .... 10.6
the person identified in the FOR FURTHER 2 Notice, Decision of the Governors of the United International Postal Money Or-
States Postal Service on Changes in Rates of General ders ........................................ 73.7
INFORMATION CONTACT section by
Applicability for Competitive Products (Governors’ Outbound International Registered
telephone for advice on filing Decision No. 16–7), October 11, 2016 (Governors’ Mail ............................................ 7.2
alternatives. Decision No. 16–7).

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Document Created: 2016-10-26 02:17:20
Document Modified: 2016-10-26 02:17:20

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.
Dates		Revision 1 to RG 5.51 is available on October 26, 2016.
Contact		Glenn Tuttle, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7230, email: [email protected], or Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 301-415-1699, email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		81 FR 74484