81 FR 95655 - Aquatic Environmental Studies for Nuclear Power Stations
NUCLEAR REGULATORY COMMISSION Federal Register Volume 81, Issue 249 (December 28, 2016)
Federal Register Volume 81, Issue 249 (December 28, 2016)
| Page Range | 95655-95656 | |
| FR Document | 2016-31375 |
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)] [Notices] [Pages 95655-95656] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31375] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2014-0256] Aquatic Environmental Studies for Nuclear Power Stations AGENCY: Nuclear Regulatory Commission. ACTION: Regulatory guide; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Regulatory Guide (RG) 4.24, ``Aquatic Environmental Studies for Nuclear Power Stations.'' This RG provides technical guidance to applicants for the development of aquatic studies involving environmental reviews that are part of NRC licensing actions related to new nuclear power stations. ADDRESSES: Please refer to Docket ID NRC-2014-0256 when contacting the NRC about the availability of information regarding this document. You may obtain publically-available information related to this document, using the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0256. 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 0 of Regulatory Guide 4.24, is available in ADAMS under Accession No. ML15309A219. The regulatory analysis may be found in ADAMS under Accession No. ML13186A086. 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: Peyton Doub, Office of New Reactors, telephone: 301-415-6703, email: [email protected] and Edward O'Donnell, Office of Nuclear Regulatory Research, telephone 301-415- 3317, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Introduction The NRC is issuing a new 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 staff uses in evaluating specific issues or postulated events, and data that the staff needs in its review of applications for permits and licenses. Revision 0 of RG 4.24 was issued with a temporary identification as Draft Regulatory Guide, DG-4023. This is the initial issuance of RG 4.24. The purpose of this RG is to offer technical guidance to applicants for aquatic environmental studies and analyses supporting decisions related to new nuclear power stations by the NRC. The results of aquatic studies provided by applicants are analyzed by the staff as a basis for the staff's decisions related to nuclear power station siting, conducting baseline investigations, identifying important species and habitats, analyzing impacts and monitoring. II. Additional Information Draft regulatory guide, DG-4023 was published in the Federal Register (79 FR 73646) on December 11, 2014 for a 60-day public comment period. The public comment period was subsequently extended to March 11, 2015, to allow more time for comments. Public comments on DG-4023 and the staff responses to the public comments are available under ADAMS Accession Number ML15309A217. 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. [[Page 95656]] IV. Backfitting and Issue Finality Issuance of this regulatory guide not constitute backfitting as defined in section 50.109 of title 10 of the Code of Federal Regulations (10 CFR) (the Backfit Rule) and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52. This regulatory guide does not apply to any construction permits, operating licenses, early site permits, limited work authorizations issued under 10 CFR 50.10 for which the NRC issued a final environmental impact statement (EIS) preceded by a draft EIS under 10 CFR 51.76 or 51.75, or combined licenses, any of which were issued by the NRC prior to issuance of the final regulatory guide. The NRC has already completed its siting determination for those construction permits, operating licenses, early site permits, limited work authorizations, and combined licenses. Therefore, no further NRC regulatory action on siting will occur for those licenses, permits, and authorizations, for which the guidance in this regulatory guide would be relevant. The guidance in this regulatory guide may be applied to applications for early site permits, combined licenses, and limited work authorizations issued under 10 CFR 50.10 (including information under 10 CFR 51.49(b) or (f)), any of which are docketed and under review by the NRC. The guidance in this regulatory guide may also be applied to applications for construction permits, early site permits, combined licenses, and limited work authorizations (including information under 10 CFR 51.49(b) or (f). Such action does not constitute backfitting as defined in 10 CFR 50.109(a)(1) and is not otherwise inconsistent with the applicable issue finality provisions in 10 CFR part 52. Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under part 52. Neither the Backfit Rule nor the issue finality provisions under Part 52--with certain exclusions discussed below--were intended to every NRC action which substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a Part 52 license (e.g., an early site permit) and/or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The staff does not, at this time, intend to impose the positions represented in this RG in a manner that is inconsistent with any of the issue finality provisions applicable to early site permits (10 CFR 52.39) or combined license applications referencing an early site permit (10 CFR 52.83). If, in the future, the staff seeks to impose a position in this RG in a manner which does not provide issue finality as described in the applicable issue finality provision, then the staff must make address the criteria for avoiding issue finality as described applicable issue finality provision. Dated at Rockville, Maryland, this 20th day of December 2016. For the Nuclear Regulatory Commission. Edward O'Donnell, Acting Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2016-31375 Filed 12-27-16; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices 95655
radiological environmental impacts are NUCLEAR REGULATORY Regulatory guides are not
expected as a result of the proposed COMMISSION copyrighted, and NRC approval is not
action. required to reproduce them.
Accordingly, the NRC concludes that [NRC–2014–0256] FOR FURTHER INFORMATION CONTACT:
there are no significant environmental Peyton Doub, Office of New Reactors,
impacts associated with the proposed Aquatic Environmental Studies for telephone: 301–415–6703, email:
action. Nuclear Power Stations Peyton.doub@nrc.gov and Edward
AGENCY: Nuclear Regulatory O’Donnell, Office of Nuclear Regulatory
Environmental Impacts of the
Commission. Research, telephone 301–415–3317,
Alternatives to the Proposed Action
email: Edward.Odonnell@nrc.gov. Both
ACTION: Regulatory guide; issuance.
As an alternative to the proposed are staff of the U.S. Nuclear Regulatory
action, the staff considered denial of the SUMMARY: The U.S. Nuclear Regulatory Commission, Washington, DC 20555–
proposed action (i.e., the ‘‘no-action’’ Commission (NRC) is issuing Regulatory 0001.
alternative). Denial of the application Guide (RG) 4.24, ‘‘Aquatic SUPPLEMENTARY INFORMATION:
would result in no change in current Environmental Studies for Nuclear
environmental impacts. The Power Stations.’’ This RG provides I. Introduction
environmental impacts of the proposed technical guidance to applicants for the
action and the alternative action are development of aquatic studies The NRC is issuing a new guide in the
similar. involving environmental reviews that NRC’s ‘‘Regulatory Guide’’ series. This
are part of NRC licensing actions related series was developed to describe and
Alternative Use of Resources to new nuclear power stations. make available to the public information
regarding methods that are acceptable to
The action does not involve the use of ADDRESSES: Please refer to Docket ID
the NRC staff for implementing specific
any different resources than those NRC–2014–0256 when contacting the parts of the agency’s regulations,
previously considered in the ‘‘Final NRC about the availability of techniques that the staff uses in
Environmental Impact Statement related information regarding this document. evaluating specific issues or postulated
to the proposed Zion Nuclear Power You may obtain publically-available events, and data that the staff needs in
Station, Units 1 and 2,’’ dated December information related to this document, its review of applications for permits
8, 1972 (ADAMS Accession No. using the following methods: and licenses.
ML15344A360). • Federal Rulemaking Web site: Go to
http://www.regulations.gov and search Revision 0 of RG 4.24 was issued with
Agencies and Persons Consulted for Docket ID NRC–2014–0256. Address a temporary identification as Draft
questions about NRC dockets to Carol Regulatory Guide, DG–4023. This is the
On October 6, 2016, the staff initial issuance of RG 4.24. The purpose
Gallagher; telephone: 301–415–3463;
consulted with the Illinois State official, of this RG is to offer technical guidance
email: Carol.Gallagher@nrc.gov. For
Ms. Kay Foster, regarding the proposed technical questions, contact the to applicants for aquatic environmental
action. The state official had no individuals listed in the FOR FURTHER studies and analyses supporting
comments on the conclusions in the EA INFORMATION CONTACT section of this decisions related to new nuclear power
and the FONSI. document. stations by the NRC. The results of
• NRC’s Agencywide Documents aquatic studies provided by applicants
III. Finding of No Significant Impact
Access and Management System are analyzed by the staff as a basis for
The NRC has determined not to (ADAMS): You may obtain publicly- the staff’s decisions related to nuclear
prepare an EIS for the proposed action. available documents online in the power station siting, conducting
Amending the licenses to revise the ADAMS Public Document collection at baseline investigations, identifying
current ZNPS DSEP to the proposed http://www.nrc.gov/reading-rm/ important species and habitats,
Revision 0 to the ZS ISFSI EP to reflect adams.html. To begin the search, select analyzing impacts and monitoring.
the transfer of all the spent nuclear fuel ‘‘ADAMS Public Documents’’ and then II. Additional Information
to a dry cask ISFSI will not result in any select ‘‘Begin Web-based ADAMS
significant radiological or non- Search.’’ For problems with ADAMS, Draft regulatory guide, DG–4023 was
radiological environmental impacts. please contact the NRC’s Public published in the Federal Register (79
Therefore the proposed action will not Document Room (PDR) reference staff at FR 73646) on December 11, 2014 for a
have a significant effect on the quality 1–800–397–4209, 301–415–4737, or by 60-day public comment period. The
of the human environment. email to pdr.resource@nrc.gov. The public comment period was
Accordingly, on the basis of the EA in ADAMS accession number for each subsequently extended to March 11,
Section II above, which is incorporated document referenced in this notice (if 2015, to allow more time for comments.
by reference herein, the NRC has that document is available in ADAMS) Public comments on DG–4023 and the
determined that a FONSI is appropriate. is provided the first time that a staff responses to the public comments
document is referenced. Revision 0 of are available under ADAMS Accession
Dated at Rockville, Maryland, this 15th day Number ML15309A217.
Regulatory Guide 4.24, is available in
of December 2016.
ADAMS under Accession No. III. Congressional Review Act
For the Nuclear Regulatory Commission. ML15309A219. The regulatory analysis
sradovich on DSK3GMQ082PROD with NOTICES
John R. Tappert, may be found in ADAMS under This regulatory guide is a rule as
Director, Division of Decommissioning, Accession No. ML13186A086. defined in the Congressional Review
Uranium Recovery, and Waste Programs, • NRC’s PDR: You may examine and Act (5 U.S.C. 801–808). However, the
Office of Nuclear Material Safety and purchase copies of public documents at Office of Management and Budget has
Safeguards. the NRC’s PDR, Room O1–F21, One not found it to be a major rule as
[FR Doc. 2016–31377 Filed 12–27–16; 8:45 am] White Flint North, 11555 Rockville defined in the Congressional Review
BILLING CODE 7590–01–P Pike, Rockville, Maryland 20852. Act.
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![95656 Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Notices
IV. Backfitting and Issue Finality site permits (10 CFR 52.39) or combined U.S. Nuclear Regulatory Commission,
Issuance of this regulatory guide not license applications referencing an early Washington, DC 20555–0001; telephone:
constitute backfitting as defined in site permit (10 CFR 52.83). If, in the 301–415–2084; email:
section 50.109 of title 10 of the Code of future, the staff seeks to impose a INFOCOLLECTS.Resource@nrc.gov.
Federal Regulations (10 CFR) (the position in this RG in a manner which SUPPLEMENTARY INFORMATION:
Backfit Rule) and is not otherwise does not provide issue finality as
described in the applicable issue finality I. Obtaining Information and
inconsistent with the issue finality Submitting Comments
provisions in 10 CFR part 52. This provision, then the staff must make
regulatory guide does not apply to any address the criteria for avoiding issue A. Obtaining Information
construction permits, operating licenses, finality as described applicable issue
Please refer to Docket ID: NRC–2016–
early site permits, limited work finality provision.
0064 when contacting the NRC about
authorizations issued under 10 CFR Dated at Rockville, Maryland, this 20th day the availability of information for this
50.10 for which the NRC issued a final of December 2016. action. You may obtain publicly-
environmental impact statement (EIS) For the Nuclear Regulatory Commission. available information related to this
preceded by a draft EIS under 10 CFR Edward O’Donnell, action by any of the following methods:
51.76 or 51.75, or combined licenses, Acting Chief, Regulatory Guidance and • Federal rulemaking Web site: Go to
any of which were issued by the NRC Generic Issues Branch, Division of http://www.regulations.gov and search
prior to issuance of the final regulatory Engineering, Office of Nuclear Regulatory for Docket ID: NRC–2016–0064.
guide. The NRC has already completed Research. • NRC’s Agencywide Documents
its siting determination for those [FR Doc. 2016–31375 Filed 12–27–16; 8:45 am] Access and Management System
construction permits, operating licenses, BILLING CODE 7590–01–P (ADAMS): You may obtain publicly-
early site permits, limited work available documents online in the
authorizations, and combined licenses. ADAMS Public Documents collection at
Therefore, no further NRC regulatory NUCLEAR REGULATORY http://www.nrc.gov/reading-rm/
action on siting will occur for those COMMISSION adams.html. To begin the search, select
licenses, permits, and authorizations, [NRC–2016–0064] ‘‘ADAMS Public Documents’’ and then
for which the guidance in this select ‘‘Begin Web-based ADAMS
regulatory guide would be relevant. Information Collection: NRC Form Search.’’ For problems with ADAMS,
The guidance in this regulatory guide 850A, ‘‘Request for NRC Contractor please contact the NRC’s Public
may be applied to applications for early Building Access Authorization’’ NRC Document Room (PDR) reference staff at
site permits, combined licenses, and Form 850B, ‘‘Request for NRC 1–800–397–4209, 301–415–4737, or by
limited work authorizations issued Contractor Information Technology email to pdr.resource@nrc.gov. The
under 10 CFR 50.10 (including Access Authorization’’ NRC Form supporting statement is available in
information under 10 CFR 51.49(b) or 850C, ‘‘Request for NRC Contractor ADAMS under Accession No.
(f)), any of which are docketed and Security Clearance’’ ML16355A312.
under review by the NRC. The guidance • NRC’s PDR: You may examine and
in this regulatory guide may also be AGENCY: Nuclear Regulatory
purchase copies of public documents at
applied to applications for construction Commission.
the NRC’s PDR, Room O1–F21, One
permits, early site permits, combined ACTION: Notice of submission to the
White Flint North, 11555 Rockville
licenses, and limited work Office of Management and Budget; Pike, Rockville, Maryland 20852.
authorizations (including information request for comment. • NRC’s Clearance Officer: A copy of
under 10 CFR 51.49(b) or (f). Such SUMMARY: The U.S. Nuclear Regulatory the collection of information and related
action does not constitute backfitting as Commission (NRC) has recently instructions may be obtained without
defined in 10 CFR 50.109(a)(1) and is submitted a request for renewal of an charge by contacting the NRC’s
not otherwise inconsistent with the existing collection of information to the Clearance Officer, David Cullison,
applicable issue finality provisions in Office of Management and Budget Office of the Chief Information Officer,
10 CFR part 52. Applicants and (OMB) for review. The information U.S. Nuclear Regulatory Commission,
potential applicants are not, with collection is entitled, ‘‘NRC Form 850A, Washington, DC 20555–0001; telephone:
certain exceptions, protected by either ‘‘Request for NRC Contractor Building 301–415–2084; email:
the Backfit Rule or any issue finality Access Authorization’’ NRC Form 850B, INFOCOLLECTS.Resource@NRC.GOV.
provisions under part 52. Neither the ‘‘Request for NRC Contractor
Backfit Rule nor the issue finality B. Submitting Comments
Information Technology Access
provisions under Part 52—with certain Authorization’’ NRC Form 850C, The NRC cautions you not to include
exclusions discussed below—were ‘‘Request for NRC Contractor Security identifying or contact information in
intended to every NRC action which Clearance.’’ comment submissions that you do not
substantially changes the expectations want to be publicly disclosed in your
of current and future applicants. DATES: Submit comments by January 27, comment submission. All comment
The exceptions to the general 2017. submissions are posted at http://
principle are applicable whenever an ADDRESSES: Submit comments directly www.regulations.gov and entered into
applicant references a Part 52 license to the OMB reviewer at: Vlad Dorjets, ADAMS. Comment submissions are not
(e.g., an early site permit) and/or NRC Desk Officer, Office of Information and routinely edited to remove identifying
sradovich on DSK3GMQ082PROD with NOTICES
regulatory approval (e.g., a design Regulatory Affairs (3150–0218), NEOB– or contact information.
certification rule) with specified issue 10202, Office of Management and If you are requesting or aggregating
finality provisions. The staff does not, at Budget, Washington, DC 20503; comments from other persons for
this time, intend to impose the positions telephone: 202–395–7315, email: oira_ submission to the OMB, then you
represented in this RG in a manner that submission@omb.eop.gov. should inform those persons not to
is inconsistent with any of the issue FOR FURTHER INFORMATION CONTACT: include identifying or contact
finality provisions applicable to early David Cullison, NRC Clearance Officer, information that they do not want to be
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Document Created: 2016-12-28 02:17:07
Document Modified: 2016-12-28 02:17:07
| 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. | |
| Contact | Peyton Doub, Office of New Reactors, telephone: 301-415-6703, email: [email protected] and Edward O'Donnell, Office of Nuclear Regulatory Research, telephone 301-415- 3317, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 81 FR 95655 |
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