81_FR_95659 81 FR 95410 - Rulemaking Activities Being Discontinued by the NRC

81 FR 95410 - Rulemaking Activities Being Discontinued by the NRC

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 81, Issue 249 (December 28, 2016)

Page Range95410-95412
FR Document2016-31372

The U.S. Nuclear Regulatory Commission (NRC) is discontinuing the rulemaking activities associated with potential changes to its radiation protection and reactor effluents regulations. The purpose of this action is to inform members of the public that these rulemaking activities are being discontinued and to provide a brief discussion of the NRC's decision to discontinue them. These rulemaking activities will no longer be reported in the NRC's portion of the Unified Agenda of Regulatory and Deregulatory Actions (the Unified Agenda).

Federal Register, Volume 81 Issue 249 (Wednesday, December 28, 2016)
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95410-95412]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31372]


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NUCLEAR REGULATORY COMMISSION

10 CFR Parts 20 and 50

[NRC-2009-0279 and NRC-2014-0044]
RIN 3150-AJ29 and RIN 3150-AJ38


Rulemaking Activities Being Discontinued by the NRC

AGENCY: Nuclear Regulatory Commission.

ACTION: Rulemaking activities; discontinuation.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is discontinuing 
the rulemaking activities associated with potential changes to its 
radiation protection and reactor effluents regulations. The purpose of 
this action is to inform members of the public that these rulemaking 
activities are being discontinued and to provide a brief discussion of 
the NRC's decision to discontinue them. These rulemaking activities 
will no longer be reported in the NRC's portion of the Unified Agenda 
of Regulatory and Deregulatory Actions (the Unified Agenda).

DATES: Effective December 28, 2016, the rulemaking activities discussed 
in this document are discontinued.

ADDRESSES: Please refer to Docket IDs NRC-2009-0279 and NRC-2014-0044 
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 IDs NRC-2009-0279 and NRC-
2014-0044. 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 Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced.
     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: Carolyn Lauron, Office of New 
Reactors, telephone: 301-415-2736, email: [email protected]; or 
Cindy Flannery, Office of Nuclear Material Safety and Safeguards, 
telephone: 301-415-0223, email: [email protected]. Both are staff 
of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
II. Process for Discontinuing Rulemaking Activities
III. Radiation Protection (RIN 3150-AJ29; NRC-2009-0279)
IV. Reactor Effluents (RIN 3150-AJ38; NRC-2014-0044)
V. Conclusion

I. Background

    In SECY-16-0009, ``Recommendations Resulting from the Integrated 
Prioritization and Re-Baselining of Agency Activities,'' dated January 
31, 2016 (ADAMS Accession No. ML16028A208), the NRC staff requested 
Commission approval to implement recommendations on work to be shed, 
de-prioritized, or performed with fewer resources. Two of the items 
listed to be shed (i.e., discontinued) were the rulemakings that would 
have amended the radiation protection regulations in part 20 of title 
10 of the Code of Federal Regulations (10 CFR), and the reactor 
effluents regulations in 10 CFR part 50, appendix I. In the Staff 
Requirements Memorandum (SRM) for SECY-16-0009, dated April 13, 2016 
(ADAMS Accession No. ML16104A158), the Commission approved 
discontinuing the two rulemaking activities and directed the NRC staff 
to publish a Federal Register notice to inform the public that the 
rulemakings are being discontinued.
    A discussion of the NRC's decision to discontinue these two 
rulemaking activities is provided in Sections III and IV of this 
document.

II. Process for Discontinuing Rulemaking Activities

    When the NRC staff identifies a rulemaking activity that can be 
discontinued, the NRC staff requests approval from the Commission to 
discontinue it. The Commission provides its decision in an SRM. If the 
Commission approves discontinuing the rulemaking activity, the NRC 
staff will inform the public of the Commission's decision.
    A rulemaking activity may be discontinued at any stage in the 
rulemaking process. For a rulemaking activity that has received public 
comments, the NRC staff will consider those comments before 
discontinuing the rulemaking activity; however, the NRC staff will not 
provide individual comment responses.

[[Page 95411]]

    After Commission approval to discontinue a rulemaking activity, the 
NRC staff will update the next edition of the Unified Agenda to 
indicate that the rulemaking is discontinued. The rulemaking activity 
will appear in the completed actions section of that edition of the 
Unified Agenda but will not appear in future editions.

III. Radiation Protection (RIN 3150-AJ29; NRC-2009-0279)

    The NRC staff provided an analysis of the potential need to update 
the radiation protection regulation in SECY-08-0197, ``Options to 
Revise Radiation Protection Regulations and Guidance with Respect to 
the 2007 Recommendations of the International Commission on 
Radiological Protection,'' dated December 18, 2008 (ADAMS Accession No. 
ML091310193), to the Commission. SECY-08-0197 presented the regulatory 
options of more closely aligning the NRC's radiation protection 
regulatory framework (primarily set forth in 10 CFR part 20) with the 
2007 recommendations of the International Commission on Radiological 
Protection (ICRP) contained in ICRP Publication 103. In the SRM for 
SECY-08-0197, dated April 2, 2009 (ADAMS Accession No. ML090920103), 
the Commission approved the NRC staff's recommendation to begin 
engagement with stakeholders and interested parties to initiate 
development of the technical basis \1\ for a possible revision of the 
NRC's radiation protection regulations, as appropriate and where 
scientifically justified, to achieve greater alignment with the 
recommendations in ICRP Publication 103.
---------------------------------------------------------------------------

    \1\ The terms ``technical basis'' and ``regulatory basis,'' as 
used in this document, are synonymous. The NRC's Management 
Directive (MD) 6.3, ``The Rulemaking Process'' (http://www.nrc.gov/docs/ML1320/ML13205A400.pdf), explains that a regulatory basis is a 
detailed analysis, prepared by the NRC staff, describing why a 
regulation should be promulgated, amended, or repealed, and the 
scientific, technical, policy, and legal rationale for that 
potential regulatory action. If approved by the Commission, the 
regulatory basis will be used by the NRC staff in its development of 
a proposed rule.
---------------------------------------------------------------------------

    After extensive stakeholder engagement, the NRC staff determined 
that an additional evaluation of the substantive policy issues was 
needed. This additional policy evaluation was provided as SECY-12-0064, 
``Recommendations for Policy and Technical Direction to Revise 
Radiation Protection Regulations and Guidance,'' dated April 25, 2012 
(ADAMS Accession No. ML121020108). The paper summarized the NRC staff's 
interactions with stakeholders as directed by the SRM for SECY-08-0197, 
and provided recommendations for potential revisions to the NRC's 
radiation protection regulations.
    In the SRM for SECY-12-0064, dated December 17, 2012 (ADAMS 
Accession No. ML12352A133), the Commission approved in part and 
disapproved in part the NRC staff's recommendations. Specifically, the 
Commission approved the NRC staff's development of a draft regulatory 
basis for a revision to 10 CFR part 20 to align with the most recent 
methodology and terminology for dose assessment in ICRP Publication 
103, including consideration of any conforming changes to all NRC 
regulations. The Commission directed the NRC staff to develop 
improvements in the NRC's guidance for those segments of the regulated 
community that would benefit from more effective implementation of the 
As Low As is Reasonably Achievable (ALARA) strategies and programs to 
comply with regulatory requirements. The Commission also directed the 
NRC staff to continue discussions with stakeholders regarding dose 
limits for the lens of the eye and the embryo/fetus.
    In addition, the Commission directed the NRC staff to continue 
discussions with stakeholders on alternative approaches to deal with 
individual protection at or near the current dose limit. Finally, the 
Commission directed the NRC staff to improve reporting of occupational 
exposure by the NRC and Agreement State licensees to the NRC's 
Radiation Exposure Information Reporting System database. In the SRM 
for SECY-12-0064, the Commission disapproved the NRC staff's 
recommendations to develop a draft regulatory basis to reduce the 
occupational total effective dose equivalent from 5 rem (50 mSv) per 
year to 2 rem (20 mSv) per year. The Commission also disapproved the 
elimination of traditional or ``English'' dose units to measure 
radiation exposure from the NRC's regulations. Rather, the Commission 
directed the continuation of the use of both traditional and 
International System (SI) units in the NRC's regulations.
    In response to the Commission's direction in the SRM for SECY-12-
0064, the NRC staff published an advance notice of proposed rulemaking 
(ANPR) in the Federal Register (79 FR 43284; July 25, 2014), to obtain 
input from members of the public and other stakeholders on the 
development of a regulatory basis that would support potential changes 
to the NRC's current radiation protection regulations. The ANPR stated 
that the NRC's goal was to achieve greater alignment between the NRC's 
radiation protection regulations and the recommendations contained in 
ICRP Publication 103, primarily with respect to the recommendations 
concerning dose assessment methodology and terminology.
    The NRC received over 90 individual comment letters and almost 
3,000 form letters on the 10 CFR part 20 ANPR. Although some comments 
supported a potential revision of the NRC's regulations to align more 
closely with ICRP Publication 103 methodology and terminology for dose 
assessment, the majority of comments did not support revising the 10 
CFR part 20 regulations. The major reasons given for not revising the 
NRC's regulations were the following: (1) The NRC's current regulations 
remain protective of both occupational workers and members of the 
public; (2) the ICRP Publication 103 recommendations propose measures 
that go beyond what is needed to provide adequate protection and are 
unlikely to yield a substantial increase in safety that is justified in 
light of its cost; (3) the industry's current operating procedures and 
practices protect both occupational workers and members of the public 
and go beyond the applicable regulatory requirements; (4) amending the 
applicable regulations would place significant resource burdens on 
licensees resulting in costly modifications to existing facilities that 
would result in little, if any, improvement in occupational or public 
radiological safety; (5) the cumulative effect of regulation (CER) 
resulting from the changes described in the ANPR for 10 CFR part 20, in 
conjunction with the prospective U.S. Department of Environmental 
Protection Agency's (EPA) changes to 40 CFR part 190 and to 10 CFR part 
50, appendix I, will place substantial resource burdens on licensees, 
while yielding little or no additional protection of occupational 
workers or the public; and (6) the NRC actions are premature without 
the publication of the peer approved implementation documents for the 
ICRP Publication 103 recommendations.
    While some commenters supported the changes described in the ANPR 
to more closely align with the ICRP Publication 103 methodology and 
terminology, these commenters also acknowledged that consideration 
should be given to the resource burden associated with implementation. 
Some commenters supported the incorporation of the ICRP Publication 103 
dose methodology in the form of revisions to include the weighting 
factors for eight organs, which are the colon, stomach, bladder, liver, 
esophagus, skin, brain, and salivary glands, but did not support 
changes to

[[Page 95412]]

the current NRC dose terminology. On the other hand, one commenter 
indicated that terminology should be adopted in order to be consistent 
with the terminology used by the U.S. Department of Energy, as revised 
in 2007, but use of the updated methodology should be delayed until the 
updated dose coefficients are published by ICRP. Finally, one commenter 
supported revision of 10 CFR part 20 to align more closely with ICRP 
Publication 103 methodology and terminology, but acknowledged that the 
realignment may result in little, if any, improvement in occupational 
or public safety.
    As explained in SECY-16-0009, the additional resource expenditure 
in this area did not result in a recommendation for a revised rule. The 
current NRC regulatory framework continues to provide adequate 
protection of the health and safety of workers, the public, and the 
environment. In addition, a majority of the comments submitted and 
meeting feedback from stakeholders did not support the proposed 
changes. Therefore, the NRC staff believes that there is minimal 
adverse impact on the NRC's mission, principles, or values by 
discontinuing this rulemaking. In the SRM for SECY-16-0009, the 
Commission approved the NRC staff's recommendation to discontinue this 
rulemaking.

IV. Reactor Effluents (RIN 3150-AJ38; NRC-2014-0044)

    The NRC published an ANPR in the Federal Register (80 FR 25237; May 
4, 2015), to obtain input from members of the public and other 
stakeholders on the development of a regulatory basis for a potential 
revision to 10 CFR part 50, appendix I, the NRC's regulations for 
licensees of light water cooled reactors to meet the ALARA standard 
with respect to radioactive effluents from such reactor sites. The 
publication of the 10 CFR part 50, appendix I, ANPR was also in 
response to the Commission's direction in the SRM for SECY-12-0064, 
which stated that the NRC staff should, along with the development of 
the draft regulatory basis for the 10 CFR part 20 regulations, engage 
in a parallel effort to develop a draft regulatory basis for aligning 
the 10 CFR part 50, appendix I, design objectives with the most recent 
terminology and dose-related methodology published in ICRP Publication 
103. In the ANPR, the NRC staff identified specific questions and 
issues with respect to a possible revision of 10 CFR part 50, appendix 
I, and related guidance. The NRC staff planned to consider public and 
other stakeholder input on these questions and issues to develop the 
regulatory basis.
    The NRC received 20 comment letters on the 10 CFR part 50, appendix 
I, ANPR. The comments, in addition to feedback from the August 24, 
2015, NRC public meeting held in Rockville, MD, included the following: 
(1) The potential revisions will result in intangible benefits such as 
transparency in the regulatory process, consistent terminology and 
methodology, and comparison of technologies and operations across 
international borders and environmental media; (2) implementation of 
the potential revisions will result in a resource burden; (3) the 
potential revisions are unlikely to be cost-beneficial with little to 
no incremental improvement in the health and safety of occupational 
workers, the public, or the environment; (4) in lieu of the potential 
revisions, limited changes in the NRC guidance to address changes in 
methodology and terminology would require fewer licensee resources; and 
(5) should the NRC proceed with rulemaking, consideration of on-going 
work on the accuracy of the effluent doses to members of the public 
could further inform the proposed rulemaking.
    Overall, the commenters recognized a need to update the NRC's 
regulations based on the advances in science and technology; however, 
the implementation costs would be a significant burden to the industry 
that would not be justified by improvements in public and occupational 
protection. In addition, some commenters provided additional options 
for the NRC to consider, should it continue with rulemaking, including 
limited scope updates to existing NRC guidance.
    As explained in SECY-16-0009, the staff recommended that this 
rulemaking activity be discontinued because during the development of 
the regulatory basis for the proposed rule change, the staff determined 
that the regulations do not require changes at this time. Therefore, 
based on this determination and consideration of the comments received, 
the NRC staff believes that there is minimal adverse impact on the 
NRC's mission, principles, or values by discontinuing this rulemaking. 
In the SRM for SECY-16-0009, the Commission approved the NRC staff's 
recommendation to discontinue this rulemaking.

V. Conclusion

    The NRC is no longer pursuing the revisions to regulations in 10 
CFR part 20 and 10 CFR part 50, appendix I, for the reasons discussed 
in this document. In the next edition of the Unified Agenda, the NRC 
will update the entry for these rulemaking activities and reference 
this document to indicate that they are no longer being pursued. These 
rulemaking activities will appear in the completed actions section of 
that edition of the Unified Agenda but will not appear in future 
editions. If the NRC decides to pursue similar or related rulemaking 
activities in the future, it will inform the public through new 
rulemaking entries in the Unified Agenda.

    Dated at Rockville, Maryland, this 14th day of December 2016.

    For the Nuclear Regulatory Commission.
Michael R. Johnson,
Acting Executive Director for Operations.
[FR Doc. 2016-31372 Filed 12-27-16; 8:45 am]
BILLING CODE 7590-01-P



                                              95410        Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations

                                              to final OPM authority to correct errors,               ACTION: Rulemaking activities;                        Safety and Safeguards, telephone: 301–
                                              as set forth in § 890.1406.                             discontinuation.                                      415–0223, email: Cindy.Flannery@
                                                                                                                                                            nrc.gov. Both are staff of the U.S.
                                              § 890.1416 Filing claims for payment or                 SUMMARY:   The U.S. Nuclear Regulatory                Nuclear Regulatory Commission,
                                              service and court review.                               Commission (NRC) is discontinuing the                 Washington, DC 20555–0001.
                                                (a) Tribal employees may file claims                  rulemaking activities associated with                 SUPPLEMENTARY INFORMATION:
                                              for payment or service as described at                  potential changes to its radiation
                                              § 890.105.                                              protection and reactor effluents                      Table of Contents
                                                (b) Tribal employees may invoke the                   regulations. The purpose of this action               I. Background
                                              provisions for court review described at                is to inform members of the public that               II. Process for Discontinuing Rulemaking
                                              § 890.107(b) through (d).                               these rulemaking activities are being                       Activities
                                                                                                      discontinued and to provide a brief                   III. Radiation Protection (RIN 3150–AJ29;
                                              § 890.1417 No continuation of FEHB                                                                                  NRC–2009–0279)
                                                                                                      discussion of the NRC’s decision to
                                              enrollment into retirement from                                                                               IV. Reactor Effluents (RIN 3150–AJ38; NRC–
                                              employment with a tribal employer.                      discontinue them. These rulemaking
                                                                                                                                                                  2014–0044)
                                                                                                      activities will no longer be reported in              V. Conclusion
                                                 (a) An FEHB enrollment cannot be                     the NRC’s portion of the Unified Agenda
                                              continued into retirement from                          of Regulatory and Deregulatory Actions                I. Background
                                              employment with a tribal employer.                      (the Unified Agenda).
                                                 (b) A Federal annuitant may continue                                                                          In SECY–16–0009,
                                                                                                      DATES: Effective December 28, 2016, the               ‘‘Recommendations Resulting from the
                                              FEHB enrollment into retirement from
                                              Federal service if the requirements of 5                rulemaking activities discussed in this               Integrated Prioritization and Re-
                                              U.S.C. 8905(b) for carrying FEHB                        document are discontinued.                            Baselining of Agency Activities,’’ dated
                                              coverage into retirement are satisfied                  ADDRESSES: Please refer to Docket IDs                 January 31, 2016 (ADAMS Accession
                                              through enrollment, or coverage as a                    NRC–2009–0279 and NRC–2014–0044                       No. ML16028A208), the NRC staff
                                                                                                      when contacting the NRC about the                     requested Commission approval to
                                              family member, either through a Federal
                                                                                                      availability of information regarding this            implement recommendations on work
                                              employing office or a tribal employer, or
                                                                                                      document. You may obtain publicly-                    to be shed, de-prioritized, or performed
                                              any combination thereof.
                                                                                                      available information related to this                 with fewer resources. Two of the items
                                                 (c) A Federal annuitant who is
                                                                                                      document using any of the following                   listed to be shed (i.e., discontinued)
                                              employed after retirement by a tribal
                                                                                                      methods:                                              were the rulemakings that would have
                                              employer in an FEHB eligible position
                                                                                                         • Federal Rulemaking Web site: Go to               amended the radiation protection
                                              may participate in FEHB through the
                                                                                                      http://www.regulations.gov and search                 regulations in part 20 of title 10 of the
                                              tribal employer. In such a case, the
                                                                                                      for Docket IDs NRC–2009–0279 and                      Code of Federal Regulations (10 CFR),
                                              Federal annuitant’s retirement system
                                                                                                      NRC–2014–0044. Address questions                      and the reactor effluents regulations in
                                              will transfer the FEHB enrollment to the                                                                      10 CFR part 50, appendix I. In the Staff
                                              tribal employer, in a similar manner as                 about NRC dockets to Carol Gallagher;
                                                                                                      telephone: 301–415–3463; email:                       Requirements Memorandum (SRM) for
                                              for a Federal annuitant who is employed                                                                       SECY–16–0009, dated April 13, 2016
                                              by a Federal agency after retirement.                   Carol.Gallagher@nrc.gov. For technical
                                                                                                      questions, contact the individuals listed             (ADAMS Accession No. ML16104A158),
                                                 (d) A tribal employee who becomes a                                                                        the Commission approved
                                              survivor annuitant as described in                      in the FOR FURTHER INFORMATION
                                                                                                      CONTACT section of this document.                     discontinuing the two rulemaking
                                              § 890.303(d)(2) is entitled to                                                                                activities and directed the NRC staff to
                                              reinstatement of health benefits                           • NRC’s Agencywide Documents
                                                                                                      Access and Management System                          publish a Federal Register notice to
                                              coverage as a Federal employee would                                                                          inform the public that the rulemakings
                                              under the same circumstances.                           (ADAMS): You may obtain publicly-
                                                                                                      available documents online in the                     are being discontinued.
                                              § 890.1418 No continuation of FEHB                                                                               A discussion of the NRC’s decision to
                                                                                                      ADAMS Public Documents collection at
                                              enrollment in compensationer status past                                                                      discontinue these two rulemaking
                                                                                                      http://www.nrc.gov/reading-rm/
                                              365 days.                                                                                                     activities is provided in Sections III and
                                                                                                      adams.html. To begin the search, select
                                                A tribal employee who is not also a                                                                         IV of this document.
                                                                                                      ‘‘ADAMS Public Documents’’ and then
                                              Federal employee who becomes eligible                   select ‘‘Begin Web-based ADAMS                        II. Process for Discontinuing
                                              for one of the Department of Labor’s                    Search.’’ For problems with ADAMS,                    Rulemaking Activities
                                              disability compensation programs may                    please contact the NRC’s Public                          When the NRC staff identifies a
                                              not continue FEHB coverage in leave                     Document Room (PDR) reference staff at                rulemaking activity that can be
                                              without pay status past 365 days.                       1–800–397–4209, 301–415–4737, or by                   discontinued, the NRC staff requests
                                              [FR Doc. 2016–31195 Filed 12–27–16; 8:45 am]            email to pdr.resource@nrc.gov. The                    approval from the Commission to
                                              BILLING CODE 6325–63–P                                  ADAMS accession number for each                       discontinue it. The Commission
                                                                                                      document referenced in this document                  provides its decision in an SRM. If the
                                                                                                      (if that document is available in                     Commission approves discontinuing the
                                              NUCLEAR REGULATORY                                      ADAMS) is provided the first time that                rulemaking activity, the NRC staff will
                                              COMMISSION                                              a document is referenced.                             inform the public of the Commission’s
                                                                                                         • NRC’s PDR: You may examine and                   decision.
                                              10 CFR Parts 20 and 50                                  purchase copies of public documents at                   A rulemaking activity may be
                                              [NRC–2009–0279 and NRC–2014–0044]                       the NRC’s PDR, Room O1–F21, One                       discontinued at any stage in the
sradovich on DSK3GMQ082PROD with RULES




                                                                                                      White Flint North, 11555 Rockville                    rulemaking process. For a rulemaking
                                              RIN 3150–AJ29 and RIN 3150–AJ38                         Pike, Rockville, Maryland 20852.                      activity that has received public
                                              Rulemaking Activities Being                             FOR FURTHER INFORMATION CONTACT:                      comments, the NRC staff will consider
                                              Discontinued by the NRC                                 Carolyn Lauron, Office of New Reactors,               those comments before discontinuing
                                                                                                      telephone: 301–415–2736, email:                       the rulemaking activity; however, the
                                              AGENCY:Nuclear Regulatory                               Carolyn.Lauron@nrc.gov; or Cindy                      NRC staff will not provide individual
                                              Commission.                                             Flannery, Office of Nuclear Material                  comment responses.


                                         VerDate Sep<11>2014   16:15 Dec 27, 2016   Jkt 241001   PO 00000   Frm 00014   Fmt 4700   Sfmt 4700   E:\FR\FM\28DER1.SGM   28DER1


                                                            Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations                                         95411

                                                After Commission approval to                           and provided recommendations for                     and the recommendations contained in
                                              discontinue a rulemaking activity, the                   potential revisions to the NRC’s                     ICRP Publication 103, primarily with
                                              NRC staff will update the next edition                   radiation protection regulations.                    respect to the recommendations
                                              of the Unified Agenda to indicate that                      In the SRM for SECY–12–0064, dated                concerning dose assessment
                                              the rulemaking is discontinued. The                      December 17, 2012 (ADAMS Accession                   methodology and terminology.
                                              rulemaking activity will appear in the                   No. ML12352A133), the Commission                        The NRC received over 90 individual
                                              completed actions section of that                        approved in part and disapproved in                  comment letters and almost 3,000 form
                                              edition of the Unified Agenda but will                   part the NRC staff’s recommendations.                letters on the 10 CFR part 20 ANPR.
                                              not appear in future editions.                           Specifically, the Commission approved                Although some comments supported a
                                                                                                       the NRC staff’s development of a draft               potential revision of the NRC’s
                                              III. Radiation Protection (RIN 3150–                     regulatory basis for a revision to 10 CFR            regulations to align more closely with
                                              AJ29; NRC–2009–0279)                                     part 20 to align with the most recent                ICRP Publication 103 methodology and
                                                 The NRC staff provided an analysis of                 methodology and terminology for dose                 terminology for dose assessment, the
                                              the potential need to update the                         assessment in ICRP Publication 103,                  majority of comments did not support
                                              radiation protection regulation in                       including consideration of any                       revising the 10 CFR part 20 regulations.
                                              SECY–08–0197, ‘‘Options to Revise                        conforming changes to all NRC                        The major reasons given for not revising
                                              Radiation Protection Regulations and                     regulations. The Commission directed                 the NRC’s regulations were the
                                              Guidance with Respect to the 2007                        the NRC staff to develop improvements                following: (1) The NRC’s current
                                              Recommendations of the International                     in the NRC’s guidance for those                      regulations remain protective of both
                                              Commission on Radiological                               segments of the regulated community                  occupational workers and members of
                                              Protection,’’ dated December 18, 2008                    that would benefit from more effective               the public; (2) the ICRP Publication 103
                                              (ADAMS Accession No. ML091310193),                       implementation of the As Low As is                   recommendations propose measures
                                              to the Commission. SECY–08–0197                          Reasonably Achievable (ALARA)                        that go beyond what is needed to
                                              presented the regulatory options of more                 strategies and programs to comply with               provide adequate protection and are
                                              closely aligning the NRC’s radiation                     regulatory requirements. The                         unlikely to yield a substantial increase
                                              protection regulatory framework                          Commission also directed the NRC staff               in safety that is justified in light of its
                                              (primarily set forth in 10 CFR part 20)                  to continue discussions with                         cost; (3) the industry’s current operating
                                              with the 2007 recommendations of the                     stakeholders regarding dose limits for               procedures and practices protect both
                                              International Commission on                              the lens of the eye and the embryo/fetus.            occupational workers and members of
                                              Radiological Protection (ICRP)                              In addition, the Commission directed              the public and go beyond the applicable
                                              contained in ICRP Publication 103. In                    the NRC staff to continue discussions                regulatory requirements; (4) amending
                                              the SRM for SECY–08–0197, dated April                    with stakeholders on alternative                     the applicable regulations would place
                                              2, 2009 (ADAMS Accession No.                             approaches to deal with individual                   significant resource burdens on
                                              ML090920103), the Commission                             protection at or near the current dose               licensees resulting in costly
                                              approved the NRC staff’s                                 limit. Finally, the Commission directed              modifications to existing facilities that
                                              recommendation to begin engagement                       the NRC staff to improve reporting of                would result in little, if any,
                                              with stakeholders and interested parties                 occupational exposure by the NRC and                 improvement in occupational or public
                                              to initiate development of the technical                 Agreement State licensees to the NRC’s               radiological safety; (5) the cumulative
                                              basis 1 for a possible revision of the                   Radiation Exposure Information                       effect of regulation (CER) resulting from
                                              NRC’s radiation protection regulations,                  Reporting System database. In the SRM                the changes described in the ANPR for
                                              as appropriate and where scientifically                  for SECY–12–0064, the Commission                     10 CFR part 20, in conjunction with the
                                              justified, to achieve greater alignment                  disapproved the NRC staff’s                          prospective U.S. Department of
                                              with the recommendations in ICRP                         recommendations to develop a draft                   Environmental Protection Agency’s
                                              Publication 103.                                         regulatory basis to reduce the                       (EPA) changes to 40 CFR part 190 and
                                                 After extensive stakeholder                           occupational total effective dose                    to 10 CFR part 50, appendix I, will place
                                              engagement, the NRC staff determined                     equivalent from 5 rem (50 mSv) per year              substantial resource burdens on
                                              that an additional evaluation of the                     to 2 rem (20 mSv) per year. The                      licensees, while yielding little or no
                                              substantive policy issues was needed.                    Commission also disapproved the                      additional protection of occupational
                                              This additional policy evaluation was                    elimination of traditional or ‘‘English’’            workers or the public; and (6) the NRC
                                              provided as SECY–12–0064,                                dose units to measure radiation                      actions are premature without the
                                              ‘‘Recommendations for Policy and                         exposure from the NRC’s regulations.                 publication of the peer approved
                                              Technical Direction to Revise Radiation                  Rather, the Commission directed the                  implementation documents for the ICRP
                                              Protection Regulations and Guidance,’’                   continuation of the use of both                      Publication 103 recommendations.
                                              dated April 25, 2012 (ADAMS                              traditional and International System (SI)               While some commenters supported
                                              Accession No. ML121020108). The                          units in the NRC’s regulations.                      the changes described in the ANPR to
                                              paper summarized the NRC staff’s                            In response to the Commission’s                   more closely align with the ICRP
                                              interactions with stakeholders as                        direction in the SRM for SECY–12–                    Publication 103 methodology and
                                              directed by the SRM for SECY–08–0197,                    0064, the NRC staff published an                     terminology, these commenters also
                                                                                                       advance notice of proposed rulemaking                acknowledged that consideration should
                                                1 The terms ‘‘technical basis’’ and ‘‘regulatory       (ANPR) in the Federal Register (79 FR                be given to the resource burden
                                              basis,’’ as used in this document, are synonymous.       43284; July 25, 2014), to obtain input               associated with implementation. Some
                                              The NRC’s Management Directive (MD) 6.3, ‘‘The           from members of the public and other                 commenters supported the
sradovich on DSK3GMQ082PROD with RULES




                                              Rulemaking Process’’ (http://www.nrc.gov/docs/
                                              ML1320/ML13205A400.pdf), explains that a
                                                                                                       stakeholders on the development of a                 incorporation of the ICRP Publication
                                              regulatory basis is a detailed analysis, prepared by     regulatory basis that would support                  103 dose methodology in the form of
                                              the NRC staff, describing why a regulation should        potential changes to the NRC’s current               revisions to include the weighting
                                              be promulgated, amended, or repealed, and the            radiation protection regulations. The                factors for eight organs, which are the
                                              scientific, technical, policy, and legal rationale for
                                              that potential regulatory action. If approved by the
                                                                                                       ANPR stated that the NRC’s goal was to               colon, stomach, bladder, liver,
                                              Commission, the regulatory basis will be used by         achieve greater alignment between the                esophagus, skin, brain, and salivary
                                              the NRC staff in its development of a proposed rule.     NRC’s radiation protection regulations               glands, but did not support changes to


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                                              95412        Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations

                                              the current NRC dose terminology. On                    stakeholder input on these questions                  In the next edition of the Unified
                                              the other hand, one commenter                           and issues to develop the regulatory                  Agenda, the NRC will update the entry
                                              indicated that terminology should be                    basis.                                                for these rulemaking activities and
                                              adopted in order to be consistent with                     The NRC received 20 comment letters                reference this document to indicate that
                                              the terminology used by the U.S.                        on the 10 CFR part 50, appendix I,                    they are no longer being pursued. These
                                              Department of Energy, as revised in                     ANPR. The comments, in addition to                    rulemaking activities will appear in the
                                              2007, but use of the updated                            feedback from the August 24, 2015, NRC                completed actions section of that
                                              methodology should be delayed until                     public meeting held in Rockville, MD,                 edition of the Unified Agenda but will
                                              the updated dose coefficients are                       included the following: (1) The                       not appear in future editions. If the NRC
                                              published by ICRP. Finally, one                         potential revisions will result in                    decides to pursue similar or related
                                              commenter supported revision of 10                      intangible benefits such as transparency              rulemaking activities in the future, it
                                              CFR part 20 to align more closely with                  in the regulatory process, consistent                 will inform the public through new
                                              ICRP Publication 103 methodology and                    terminology and methodology, and                      rulemaking entries in the Unified
                                              terminology, but acknowledged that the                  comparison of technologies and                        Agenda.
                                              realignment may result in little, if any,               operations across international borders
                                                                                                                                                              Dated at Rockville, Maryland, this 14th day
                                              improvement in occupational or public                   and environmental media; (2)                          of December 2016.
                                              safety.                                                 implementation of the potential
                                                                                                                                                              For the Nuclear Regulatory Commission.
                                                As explained in SECY–16–0009, the                     revisions will result in a resource
                                              additional resource expenditure in this                 burden; (3) the potential revisions are               Michael R. Johnson,
                                              area did not result in a recommendation                 unlikely to be cost-beneficial with little            Acting Executive Director for Operations.
                                              for a revised rule. The current NRC                     to no incremental improvement in the                  [FR Doc. 2016–31372 Filed 12–27–16; 8:45 am]
                                              regulatory framework continues to                       health and safety of occupational                     BILLING CODE 7590–01–P
                                              provide adequate protection of the                      workers, the public, or the environment;
                                              health and safety of workers, the public,               (4) in lieu of the potential revisions,
                                              and the environment. In addition, a                     limited changes in the NRC guidance to                FEDERAL DEPOSIT INSURANCE
                                              majority of the comments submitted and                  address changes in methodology and                    CORPORATION
                                              meeting feedback from stakeholders did                  terminology would require fewer
                                              not support the proposed changes.                       licensee resources; and (5) should the                12 CFR Part 308
                                              Therefore, the NRC staff believes that                  NRC proceed with rulemaking,
                                                                                                                                                            RIN 3064–AE52
                                              there is minimal adverse impact on the                  consideration of on-going work on the
                                              NRC’s mission, principles, or values by                 accuracy of the effluent doses to                     Rules of Practice and Procedure
                                              discontinuing this rulemaking. In the                   members of the public could further
                                              SRM for SECY–16–0009, the                               inform the proposed rulemaking.                       AGENCY:  Federal Deposit Insurance
                                              Commission approved the NRC staff’s                        Overall, the commenters recognized a               Corporation.
                                              recommendation to discontinue this                      need to update the NRC’s regulations                  ACTION: Final rule.
                                              rulemaking.                                             based on the advances in science and
                                                                                                      technology; however, the                              SUMMARY:   The Federal Deposit
                                              IV. Reactor Effluents (RIN 3150–AJ38;                   implementation costs would be a                       Insurance Corporation (FDIC) is
                                              NRC–2014–0044)                                          significant burden to the industry that               adjusting the maximum amount of each
                                                 The NRC published an ANPR in the                     would not be justified by improvements                civil money penalty (CMP) within its
                                              Federal Register (80 FR 25237; May 4,                   in public and occupational protection.                jurisdiction to account for inflation.
                                              2015), to obtain input from members of                  In addition, some commenters provided                 This action is required by the Federal
                                              the public and other stakeholders on the                additional options for the NRC to                     Civil Penalties Inflation Adjustment Act
                                              development of a regulatory basis for a                 consider, should it continue with                     Improvements Act of 2015 (2015
                                              potential revision to 10 CFR part 50,                   rulemaking, including limited scope                   Adjustment Act). The FDIC is also
                                              appendix I, the NRC’s regulations for                   updates to existing NRC guidance.                     amending its rules of practice and
                                              licensees of light water cooled reactors                   As explained in SECY–16–0009, the                  procedure to correct a technical error
                                              to meet the ALARA standard with                         staff recommended that this rulemaking                from the previous inflation-adjustment
                                              respect to radioactive effluents from                   activity be discontinued because during               rulemaking.
                                              such reactor sites. The publication of                  the development of the regulatory basis
                                              the 10 CFR part 50, appendix I, ANPR                    for the proposed rule change, the staff               DATES: This rule is effective on January
                                              was also in response to the                             determined that the regulations do not                15, 2017.
                                              Commission’s direction in the SRM for                   require changes at this time. Therefore,              FOR FURTHER INFORMATION CONTACT: Seth
                                              SECY–12–0064, which stated that the                     based on this determination and                       P. Rosebrock, Supervisory Counsel,
                                              NRC staff should, along with the                        consideration of the comments received,               Legal Division (202) 898–6609, or
                                              development of the draft regulatory                     the NRC staff believes that there is                  Graham N. Rehrig, Senior Attorney,
                                              basis for the 10 CFR part 20 regulations,               minimal adverse impact on the NRC’s                   Legal Division (202) 898–3829.
                                              engage in a parallel effort to develop a                mission, principles, or values by                     SUPPLEMENTARY INFORMATION:
                                              draft regulatory basis for aligning the 10              discontinuing this rulemaking. In the
                                              CFR part 50, appendix I, design                                                                               I. Policy Objectives
                                                                                                      SRM for SECY–16–0009, the
                                              objectives with the most recent                         Commission approved the NRC staff’s                     The Final Rule changes the maximum
                                              terminology and dose-related                            recommendation to discontinue this                    limit for CMPs according to inflation as
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                                              methodology published in ICRP                           rulemaking.                                           mandated by Congress in the 2015
                                              Publication 103. In the ANPR, the NRC                                                                         Adjustment Act.1 The intended effect of
                                              staff identified specific questions and                 V. Conclusion                                         annually adjusting maximum civil
                                              issues with respect to a possible                         The NRC is no longer pursuing the                   money penalties in accordance with
                                              revision of 10 CFR part 50, appendix I,                 revisions to regulations in 10 CFR part               changes in the Consumer Price Index is
                                              and related guidance. The NRC staff                     20 and 10 CFR part 50, appendix I, for
                                              planned to consider public and other                    the reasons discussed in this document.                 1 Public   Law 114–74, sec. 701, 129 Stat. 584.



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Document Created: 2016-12-28 02:17:09
Document Modified: 2016-12-28 02:17:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionRulemaking activities; discontinuation.
DatesEffective December 28, 2016, the rulemaking activities discussed in this document are discontinued.
ContactCarolyn Lauron, Office of New Reactors, telephone: 301-415-2736, email: [email protected]; or Cindy Flannery, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-0223, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation81 FR 95410 
RIN Number3150-AJ29 and 3150-AJ38
CFR Citation10 CFR 20
10 CFR 50

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