82 FR 11661 - Physical Inventories and Material Balances at Fuel Cycle Facilities

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 36 (February 24, 2017)

Page Range		11661-11662
FR Document		2017-03600

The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG- 5056, ``Physical Inventories and Material Balances at Fuel Cycle Facilities.'' This new regulatory guide (RG) would provide implementing guidance for material control and accounting (MC&A) requirements in NRC regulations related to the performance, evaluation, and reporting of physical inventories of special nuclear material, and material balances at fuel cycle facilities. Guidance on these requirements was previously provided in RG 5.13, ``Conduct of Nuclear Material Physical Inventories,'' and RG 5.33, ``Statistical Evaluation of Material Unaccounted For,'' that were issued in 1973 and 1974, respectively. Both RG 5.13 and RG 5.33 would be withdrawn concurrent with issuance of DG-5056 in final form.

Federal Register, Volume 82 Issue 36 (Friday, February 24, 2017)

[Federal Register Volume 82, Number 36 (Friday, February 24, 2017)]
[Notices]
[Pages 11661-11662]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03600]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0057]


Physical Inventories and Material Balances at Fuel Cycle 
Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft regulatory guide (DG), DG- 5056, ``Physical 
Inventories and Material Balances at Fuel Cycle Facilities.'' This new 
regulatory guide (RG) would provide implementing guidance for material 
control and accounting (MC&A) requirements in NRC regulations related 
to the performance, evaluation, and reporting of physical inventories 
of special nuclear material, and material balances at fuel cycle 
facilities. Guidance on these requirements was previously provided in 
RG 5.13, ``Conduct of Nuclear Material Physical Inventories,'' and RG 
5.33, ``Statistical Evaluation of Material Unaccounted For,'' that were 
issued in 1973 and 1974, respectively. Both RG 5.13 and RG 5.33 would 
be withdrawn concurrent with issuance of DG-5056 in final form.

DATES: Submit comments by April 25, 2017. Comments received after this 
date will be considered if it is practical to do so, but the NRC is 
able to ensure consideration only for comments received on or before 
this date. Although a time limit is given, comments and suggestions in 
connection with items for inclusion in guides currently being developed 
or improvements in all published guides are encouraged at any time.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different method for submitting 
comments on a specified subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0057. 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.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: OWFN-12H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Glenn Tuttle, Office of Nuclear 
Material Safety and Safeguards, 301-415-7230, email: 
[email protected], or Mekonen Bayssie, Office of Nuclear Regulatory 
Research, 301-415-1699, email: [email protected]. Both are staff 
members of the U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2017-0057 when contacting the NRC 
about the availability of information regarding this action. You may 
obtain publically-available information related to this action, by any 
of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0057.
     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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in this 
document. The DG-5056 is available in ADAMS under Accession No. 
ML15268A458.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2017-0057 in your comment submission, 
in order to ensure that the NRC is able to make your comment submission 
available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as enters the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment

[[Page 11662]]

submissions to remove such information before making the comment 
submissions available to the public or entering the comment submissions 
into ADAMS.

II. Additional Information

    The NRC is issuing for public comment a DG 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 
NRC's regulations, techniques that the staff uses in evaluating 
specific problems or postulated events, and data that the staff needs 
in its review of applications for permits and licenses. The DG, 
entitled ``Physical Inventories and Material Balances at Fuel Cycle 
Facilities,'' is a proposed new guide, temporarily identified by its 
task number, DG-5056. This new RG would provide guidance for meeting 
the nuclear material control and accounting (MC&A) requirements in part 
74 of title 10 of the Code of Federal Regulations (10 CFR), ``Material 
Control and Accounting of Special Nuclear Material,'' that cover these 
topics. The DG-5056 updates guidance previously provided by:
     RG 5.13, ``Conduct of Nuclear Material Physical 
Inventories,'' published in November 1973; and
     RG 5.33, ``Statistical Evaluation of Material Unaccounted 
For'' published in June 1974.
    Due to several rulemakings that occurred from 1985 to 2002, which 
significantly amended the MC&A requirements, the above regulatory 
guides are now outdated as they no longer cite the correct sections of 
the regulations. Accordingly, RG 5.13 and RG 5.33 will be withdrawn 
concurrent with any later issuance of DG-5056 in final form, as DG-5056 
would provide the correct citations to the 10 CFR part 74 regulations.
    The NRC's guidance on the MC&A requirements pertaining to the 
performance, evaluation, and reporting of physical inventories and 
material balances at fuel cycle facilities is also provided in the 
following NUREGs that were issued in conjunction with the 1985-2002, 
MC&A rulemakings:
     NUREG-1280, ``Standard Format and Content Acceptance 
Criteria for the Material Control and Accounting (MC&A) Reform 
Amendment,'' applicable to facilities using formula quantities of 
strategic SNM.
     NUREG-1065, ``Acceptable Standard Format and Content for 
the Fundamental Nuclear Material Control (FNMC) Plan Required for Low-
Enriched Uranium Facilities,'' applicable to fuel fabrication 
facilities using low-enriched uranium.
     NUREG/CR-5734, ``Recommendations to the NRC on Acceptable 
Standard Format and Content for the Fundamental Nuclear Material 
Control (FNMC) Plan Required for Low-Enriched Uranium Enrichment 
Facilities,'' applicable to uranium enrichment plants.
    This DG-5056 incorporates guidance from these NUREGs that relates 
to physical inventories and material balances for SNM. In addition to 
providing guidance on these topics, the NUREGs listed above cover other 
MC&A requirements as well. Accordingly, these NUREGs would not be 
withdrawn when DG-5056 is issued in final form.

III. Backfitting and Issue Finality

    Issuance of DG-5056 in final form would not constitute backfitting 
as defined in 10 CFR 70.76 or violate the issue finality provisions of 
part 52 for several reasons. First, many of the provisions in the 
guidance are only updated to reflect the codification of several MC&A 
provisions in part 74 from part 70, and do not represent substantive 
changes. Second, DG-5056 would incorporate relevant guidance from 
NUREG-1280, NUREG-1065, and NUREG/CR-5734 and associated rulemakings 
without making substantive changes to those positions; these 
rulemakings and guidance considered the backfitting implications of any 
new positions, as appropriate, upon their issuance. Finally, as 
discussed in the ``Implementation'' section of DG-5056, applicants and 
licensees may voluntarily use its guidance to demonstrate compliance 
with the part 74 MC&A regulations pertaining to the performance, 
evaluation, and reporting of physical inventories and material 
balances. Alternate methods of demonstrating such compliance may be 
deemed acceptable if they provide sufficient basis and information for 
the NRC staff to verify that the proposed alternative demonstrates 
compliance with the relevant NRC regulations.
    Accordingly, the issuance of this guidance in final form would not 
constitute a ``new'' or ``different'' staff position within the 
definition of ``backfitting'' in 10 CFR 70.76 or the issue finality 
provisions in part 52.

    Dated at Rockville, Maryland, this 17th day of February, 2017.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2017-03600 Filed 2-23-17; 8:45 am]
 BILLING CODE 7590-01-P

11662 Federal Register / Vol. 82, No. 36 / Friday, February 24, 2017 / Notices

submissions to remove such information Enriched Uranium Facilities,’’ For the Nuclear Regulatory Commission.
before making the comment applicable to fuel fabrication facilities Thomas H. Boyce,
submissions available to the public or using low-enriched uranium. Chief, Regulatory Guidance and Generic
entering the comment submissions into • NUREG/CR–5734, Issues Branch, Division of Engineering, Office
ADAMS. of Nuclear Regulatory Research.
‘‘Recommendations to the NRC on
[FR Doc. 2017–03600 Filed 2–23–17; 8:45 am]
II. Additional Information Acceptable Standard Format and
BILLING CODE 7590–01–P
The NRC is issuing for public Content for the Fundamental Nuclear
comment a DG in the NRC’s ‘‘Regulatory Material Control (FNMC) Plan Required
Guide Series. This series was developed for Low-Enriched Uranium Enrichment
Facilities,’’ applicable to uranium PEACE CORPS
to describe and make available to the
public information regarding methods enrichment plants. Information Collection Request:
that are acceptable to the NRC staff for This DG–5056 incorporates guidance Submission for OMB Review
implementing specific parts of the from these NUREGs that relates to
NRC’s regulations, techniques that the AGENCY:Peace Corps.
physical inventories and material
staff uses in evaluating specific balances for SNM. In addition to 60-day notice and request for
ACTION:
problems or postulated events, and data comments.
providing guidance on these topics, the
that the staff needs in its review of
NUREGs listed above cover other MC&A SUMMARY: The Peace Corps will be
applications for permits and licenses.
The DG, entitled ‘‘Physical Inventories requirements as well. Accordingly, submitting the following information
and Material Balances at Fuel Cycle these NUREGs would not be withdrawn collection request to the Office of
Facilities,’’ is a proposed new guide, when DG–5056 is issued in final form. Management and Budget (OMB) for
temporarily identified by its task III. Backfitting and Issue Finality review and approval. The purpose of
number, DG–5056. This new RG would this notice is to allow 60 days for public
provide guidance for meeting the Issuance of DG–5056 in final form comment in the Federal Register
nuclear material control and accounting would not constitute backfitting as preceding submission to OMB. We are
(MC&A) requirements in part 74 of title defined in 10 CFR 70.76 or violate the conducting this process in accordance
10 of the Code of Federal Regulations issue finality provisions of part 52 for with the Paperwork Reduction Act of
(10 CFR), ‘‘Material Control and several reasons. First, many of the 1995 (44 U.S.C. Chapter 35).
Accounting of Special Nuclear provisions in the guidance are only DATES: Submit comments on or before
Material,’’ that cover these topics. The updated to reflect the codification of April 25, 2017.
DG–5056 updates guidance previously several MC&A provisions in part 74 ADDRESSES: Comments should be
provided by: from part 70, and do not represent addressed to Denora Miller, FOIA/
• RG 5.13, ‘‘Conduct of Nuclear substantive changes. Second, DG–5056 Privacy Act Officer. Denora Miller can
Material Physical Inventories,’’ would incorporate relevant guidance be contacted by telephone at 202–692–
published in November 1973; and 1236 or email at pcfr@peacecorps.gov.
from NUREG–1280, NUREG–1065, and
• RG 5.33, ‘‘Statistical Evaluation of Email comments must be made in text
Material Unaccounted For’’ published NUREG/CR–5734 and associated
rulemakings without making and not in attachments.
in June 1974.
Due to several rulemakings that substantive changes to those positions; FOR FURTHER INFORMATION CONTACT:
occurred from 1985 to 2002, which these rulemakings and guidance Denora Miller at Peace Corps address
significantly amended the MC&A considered the backfitting implications above.
requirements, the above regulatory of any new positions, as appropriate, SUPPLEMENTARY INFORMATION: Title:
guides are now outdated as they no upon their issuance. Finally, as Onboarding.
longer cite the correct sections of the discussed in the ‘‘Implementation’’ OMB Control Number: 0420–xxxx.
regulations. Accordingly, RG 5.13 and section of DG–5056, applicants and Type of Request: New.
RG 5.33 will be withdrawn concurrent licensees may voluntarily use its Affected Public: Individuals.
with any later issuance of DG–5056 in guidance to demonstrate compliance Respondents Obligation to Reply:
final form, as DG–5056 would provide with the part 74 MC&A regulations Voluntary.
the correct citations to the 10 CFR part pertaining to the performance, Respondents: Peace Corps Volunteers.
74 regulations. evaluation, and reporting of physical Burden to the Public:
The NRC’s guidance on the MC&A inventories and material balances. Estimated burden (hours) of the
requirements pertaining to the Alternate methods of demonstrating collection of information:
performance, evaluation, and reporting such compliance may be deemed
of physical inventories and material acceptable if they provide sufficient a. Number of respondents 5000.
balances at fuel cycle facilities is also b. Frequency of response .. one time.
basis and information for the NRC staff
provided in the following NUREGs that c. Completion time ............. 60 minutes.
to verify that the proposed alternative d. Annual burden hours ..... 5000 hours.
were issued in conjunction with the
1985–2002, MC&A rulemakings: demonstrates compliance with the
• NUREG–1280, ‘‘Standard Format relevant NRC regulations. General Description of Collection: The
and Content Acceptance Criteria for the Accordingly, the issuance of this Peace Corps uses the Onboarding Portal
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Material Control and Accounting guidance in final form would not to collect essential administrative
(MC&A) Reform Amendment,’’ constitute a ‘‘new’’ or ‘‘different’’ staff information from invitees for use during
applicable to facilities using formula position within the definition of volunteer service, including information
quantities of strategic SNM. ‘‘backfitting’’ in 10 CFR 70.76 or the such as emergency contacts, legal
• NUREG–1065, ‘‘Acceptable issue finality provisions in part 52. history updates, direct deposit
Standard Format and Content for the instructions, and life insurance
Fundamental Nuclear Material Control Dated at Rockville, Maryland, this 17th day designations. The information is used
(FNMC) Plan Required for Low- of February, 2017. by the Peace Corps to establish specific

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Document Created: 2017-02-24 01:17:31
Document Modified: 2017-02-24 01:17:31

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		Draft regulatory guide; request for comment.
Dates		Submit comments by April 25, 2017. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time.
Contact		Glenn Tuttle, Office of Nuclear Material Safety and Safeguards, 301-415-7230, email: [email protected], or Mekonen Bayssie, Office of Nuclear Regulatory Research, 301-415-1699, email: [email protected] Both are staff members of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		82 FR 11661