82_FR_17838 82 FR 17768 - Emergency Preparedness for Small Modular Reactors and Other New Technologies

82 FR 17768 - Emergency Preparedness for Small Modular Reactors and Other New Technologies

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 70 (April 13, 2017)

Page Range17768-17770
FR Document2017-07502

The U.S. Nuclear Regulatory Commission (NRC) is requesting comment on a draft regulatory basis to support a rulemaking that would develop new emergency preparedness (EP) requirements for small modular reactors (SMRs) and other new technologies (ONTs), such as non-light- water reactors (non-LWRs) and medical isotope production facilities. The new EP regulations would be consequence-oriented, performance- based, and technology inclusive to the extent possible, and continue to provide reasonable assurance of adequate protection of public health and safety. The new EP regulations would be applicable to SMR and ONT facilities only. Large light-water reactors (LWRs), fuel cycle facilities, research and test reactors and other non-power, non- commercial, facilities are not in the scope of this rulemaking. The NRC plans to hold a public meeting to promote full understanding of the rulemaking and facilitate public participation.

Federal Register, Volume 82 Issue 70 (Thursday, April 13, 2017)
[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Proposed Rules]
[Pages 17768-17770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07502]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / 
Proposed Rules

[[Page 17768]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 52

[Docket No. NRC-2015-0225]
RIN 3150-AJ68


Emergency Preparedness for Small Modular Reactors and Other New 
Technologies

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory basis; public meeting, and request for 
comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
comment on a draft regulatory basis to support a rulemaking that would 
develop new emergency preparedness (EP) requirements for small modular 
reactors (SMRs) and other new technologies (ONTs), such as non-light-
water reactors (non-LWRs) and medical isotope production facilities. 
The new EP regulations would be consequence-oriented, performance-
based, and technology inclusive to the extent possible, and continue to 
provide reasonable assurance of adequate protection of public health 
and safety. The new EP regulations would be applicable to SMR and ONT 
facilities only. Large light-water reactors (LWRs), fuel cycle 
facilities, research and test reactors and other non-power, non-
commercial, facilities are not in the scope of this rulemaking. The NRC 
plans to hold a public meeting to promote full understanding of the 
rulemaking and facilitate public participation.

DATES: Submit comments by June 27, 2017. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0225. 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.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
MD 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    For additional direction on obtaining information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Andrew Carrera, Office of New 
Reactors, telephone: 301-415-1078, email: [email protected]; and 
Arlon Costa, Office of New Reactors, telephone: 301-415-6402, email: 
[email protected]. Both are staff 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-2015-0225 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-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-2015-0225.
     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 
draft regulatory basis document is available in ADAMS under Accession 
No. ML16309A332.
     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-2015-0225 in your comment submission.
    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 will post all comment submissions at http://www.regulations.gov as well as enter 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 submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Discussion

    The NRC is requesting comments on a draft regulatory basis to 
support a rulemaking that would amend part 50 of title 10 of the Code 
of Federal Regulations (10 CFR), ``Domestic Licensing of Production and 
Utilization Facilities,'' and part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants,'' by adopting new EP regulations 
for SMR and ONT licensees. The specific objectives of this rulemaking 
effort are to establish new EP requirements for SMR and ONT licensees 
that will recognize: (1) Distance to which planning for initiation of 
predetermined protective actions is warranted, (2) time-dependent

[[Page 17769]]

characteristics of potential releases and exposures, and (3) isotopic 
characteristics of radioactive materials that can potentially be 
released to the environment.
    The scope of the draft regulatory basis includes EP for new SMR and 
ONT facilities licensed under 10 CFR parts 50 and 52. Under current 
regulations for large LWR designs, the plume exposure pathway emergency 
planning zone (EPZ) size is about 10 miles (16 kilometers). However, 
SMRs and ONTs may have comparatively smaller reactor core size and also 
include passive design safety features, which result in potential 
accident releases and offsite radiation dose consequences that are 
smaller and may be delayed when compared to large LWRs. To account for 
this difference as compared to large LWRs, the NRC plans to develop a 
consequence-oriented, performance-based, and technology inclusive 
approach to EP for these SMR and ONT designs. With the proposed 
adoption of an approach for these designs where the plume exposure 
pathway EPZ size is scalable in proportion with potential accident 
consequences, the potential exists for this EPZ to be contained within 
the site boundary. The draft regulatory basis, in part, explains why 
the NRC believes the existing regulations should be updated, revised, 
and enhanced; presents alternatives to rulemaking; and discusses costs 
and other impacts of the potential changes.

III. Specific Requests for Comments

    The NRC is seeking comments and supporting rationale from the 
public on the following questions:

Scope of Draft Regulatory Basis

     Is the NRC considering an appropriate approach for each 
objective described in the draft regulatory basis?
     Section 3 of the draft regulatory basis discusses the 
regulatory concerns the NRC expects to address through rulemaking. 
Section 4 presents the intended regulatory changes to address those 
regulatory concerns, and also discusses alternatives to rulemaking 
considered by the NRC. Are there other regulatory concerns within or 
related to the scope of the rulemaking efforts (see Section 4) that the 
NRC should consider? Are there other approaches or alternatives the NRC 
should consider to resolve those regulatory concerns?
     Are there any other alternatives for EP for SMRs and ONTs 
to address beyond those discussed in the draft regulatory basis that 
the NRC should consider?
     Are there other EP related issues that the NRC staff 
should consider in further developing this regulatory basis?
     Is the scope of facilities to be included under the ONT 
umbrella (see Section 1.1) appropriate or can you suggest additions or 
deletions?

Performance-Based Approach

     What are the benefits of a performance-based EP approach, 
other than those described in the draft regulatory basis?
     Should the NRC continue research to establish performance-
based criteria specific for SMRs and ONTs in the EP area? Examples of 
such research that has been performed are discussed in SECY-14-0038, 
``Performance-Based Framework for Nuclear Power Plant Emergency 
Preparedness Oversight,'' (ADAMS Accession No. ML14259A589).
     Is it appropriate to establish combined risk-informed and 
performance-based criteria, and can you suggest EP areas or methods 
where they could successfully be implemented?

Regulatory Impacts

     Section 5 of the draft regulatory basis presents the NRC's 
initial consideration of costs and other impacts for a number of key 
aspects of the potential regulatory changes. This initial assessment is 
based on limited available data. The NRC is seeking additional data and 
input relative to expected and/or unintentional impacts from the 
desired regulatory changes. What would be the potential impacts to 
stakeholders, such as applicants, licensees, and the public, from 
implementing any of the desired regulatory changes described in this 
draft regulatory basis? We are also seeking comments on reasonable cost 
estimates for implementation of the EP for SMRs and ONTs regulations, 
including one-time startup cost and annual cost?
     What would the cost be for 10 CFR part 52 licensees to be 
licensed under the proposed performance-based EP approach? What would 
be the cost difference between this new EP approach and the current EP 
approach in 10 CFR part 50?
     What impacts, other than cost, would result from the 
rulemaking action under consideration?

IV. Cumulative Effects of Regulation

    The cumulative effects of regulation (CER) describes the challenges 
that licensees or other impacted entities (such as State agency 
partners, Tribal and local governments) may face while implementing new 
regulatory positions, programs, and requirements (e.g., rules, generic 
letters, backfits, inspections). The CER is an organizational challenge 
that results from a licensee or impacted entity implementing a number 
of complex positions, programs, or requirements within a limited 
implementation period and with available resources (which may include 
limited available expertise to address a specific issue). The NRC has 
implemented CER enhancements to the rulemaking process to facilitate 
public involvement throughout the rulemaking process. Therefore, the 
NRC is specifically requesting comments on the cumulative effects that 
may result from this proposed rulemaking. In developing comments on the 
draft regulatory basis, consider and provide comments on the following 
questions:
    1. In light of any current or projected CER challenges, what should 
be a reasonable effective date, compliance date, or submittal date(s) 
from the time the final rule is published to the actual implementation 
of any proposed requirements, including changes to programs, 
procedures, and the facility?
    2. If CER challenges currently exist or are expected, what should 
be done to address them? For example, if more time is required for 
subsequent implementation of the new requirements, what period of time 
is sufficient?
    3. Do other (NRC or other agency) regulatory actions (e.g., orders, 
generic communications, license amendment requests, and inspection 
findings of a generic nature) influence the subsequent implementation 
of the proposed rule's requirements?
    4. Are there unintended consequences? Does the draft regulatory 
basis create conditions that would be contrary to the draft regulatory 
basis' purpose and objectives? If so, what are the unintended 
consequences, and how should they be addressed?

V. Availability of Documents

    The NRC may post documents related to this rulemaking activity to 
the Federal rulemaking Web site at http://www.regulations.gov under 
Docket ID: NRC-2015-0225.
    The Federal rulemaking Web site allows you to receive alerts when 
changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder (NRC-2015-0225); (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

VI. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal

[[Page 17770]]

agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

VII. Public Meeting

    The NRC plans to hold a public meeting during the public comment 
period for this notice. The public meeting will provide a forum for the 
NRC staff to discuss the issues and questions with external 
stakeholders regarding the draft regulatory basis to add new EP 
requirements for SMRs and ONTs. The NRC does not intend to provide 
detailed responses to comments or other information submitted during 
the public meeting.
    The public meeting will be noticed on the NRC's public meeting Web 
site at least 10 calendar days before the meeting. Stakeholders should 
monitor the NRC's Public Meeting Schedule Web page for additional 
information about the public meeting at http://meetings.nrc.gov/pmns/mtg.
    The NRC will post a notice for the public meeting and may post 
additional material related to this action to the Federal rulemaking 
Web site at www.regulations.gov under Docket ID NRC-2015-0225.

    Dated at Rockville, Maryland, this 29th day of March 2017.

    For the Nuclear Regulatory Commission.
Robert K. Caldwell,
Acting Director, Division of Engineering and Infrastructure, Office of 
New Reactors.
[FR Doc. 2017-07502 Filed 4-12-17; 8:45 am]
 BILLING CODE 7590-01-P



                                                 17768

                                                 Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                Vol. 82, No. 70

                                                                                                                                                                Thursday, April 13, 2017



                                                 This section of the FEDERAL REGISTER                    for Docket ID NRC–2015–0225. Address                   adams.html. To begin the search, select
                                                 contains notices to the public of the proposed          questions about NRC dockets to Carol                   ‘‘ADAMS Public Documents’’ and then
                                                 issuance of rules and regulations. The                  Gallagher; telephone: 301–415–3463;                    select ‘‘Begin Web-based ADAMS
                                                 purpose of these notices is to give interested          email: Carol.Gallagher@nrc.gov. For                    Search.’’ For problems with ADAMS,
                                                 persons an opportunity to participate in the            technical questions, contact the                       please contact the NRC’s Public
                                                 rule making prior to the adoption of the final
                                                                                                         individuals listed in the FOR FURTHER                  Document Room (PDR) reference staff at
                                                 rules.
                                                                                                         INFORMATION CONTACT section of this                    1–800–397–4209, 301–415–4737, or by
                                                                                                         document.                                              email to pdr.resource@nrc.gov. The draft
                                                 NUCLEAR REGULATORY                                         • Email comments to:                                regulatory basis document is available
                                                 COMMISSION                                              Rulemaking.Comments@nrc.gov. If you                    in ADAMS under Accession No.
                                                                                                         do not receive an automatic email reply                ML16309A332.
                                                 10 CFR Parts 50 and 52                                  confirming receipt, then contact us at                    • NRC’s PDR: You may examine and
                                                                                                         301–415–1677.                                          purchase copies of public documents at
                                                 [Docket No. NRC–2015–0225]
                                                                                                            • Fax comments to: Secretary, U.S.                  the NRC’s PDR, Room O1–F21, One
                                                 RIN 3150–AJ68                                           Nuclear Regulatory Commission at 301–                  White Flint North, 11555 Rockville
                                                                                                         415–1101.                                              Pike, Rockville, Maryland 20852.
                                                 Emergency Preparedness for Small                           • Mail comments to: Secretary, U.S.                 B. Submitting Comments
                                                 Modular Reactors and Other New                          Nuclear Regulatory Commission,
                                                 Technologies                                            Washington, DC 20555–001, ATTN:                          Please include Docket ID NRC–2015–
                                                                                                         Rulemakings and Adjudications Staff.                   0225 in your comment submission.
                                                 AGENCY: Nuclear Regulatory                                                                                       The NRC cautions you not to include
                                                                                                            • Hand deliver comments to: 11555
                                                 Commission.                                                                                                    identifying or contact information that
                                                                                                         Rockville Pike, Rockville, MD 20852,
                                                 ACTION: Draft regulatory basis; public                                                                         you do not want to be publicly
                                                                                                         between 7:30 a.m. and 4:15 p.m.
                                                 meeting, and request for comment.                                                                              disclosed in your comment submission.
                                                                                                         (Eastern Time) Federal workdays;
                                                                                                                                                                The NRC will post all comment
                                                 SUMMARY:   The U.S. Nuclear Regulatory                  telephone: 301–415–1677.                               submissions at http://
                                                 Commission (NRC) is requesting                             For additional direction on obtaining               www.regulations.gov as well as enter the
                                                 comment on a draft regulatory basis to                  information and submitting comments,                   comment submissions into ADAMS.
                                                 support a rulemaking that would                         see ‘‘Obtaining Information and                        The NRC does not routinely edit
                                                 develop new emergency preparedness                      Submitting Comments’’ in the                           comment submissions to remove
                                                                                                         SUPPLEMENTARY INFORMATION section of
                                                 (EP) requirements for small modular                                                                            identifying or contact information.
                                                 reactors (SMRs) and other new                           this document.                                           If you are requesting or aggregating
                                                 technologies (ONTs), such as non-light-                 FOR FURTHER INFORMATION CONTACT:                       comments from other persons for
                                                 water reactors (non-LWRs) and medical                   Andrew Carrera, Office of New Reactors,                submission to the NRC, then you should
                                                 isotope production facilities. The new                  telephone: 301–415–1078, email:                        inform those persons not to include
                                                 EP regulations would be consequence-                    Andrew.Carrera@nrc.gov; and Arlon                      identifying or contact information that
                                                 oriented, performance-based, and                        Costa, Office of New Reactors,                         they do not want to be publicly
                                                 technology inclusive to the extent                      telephone: 301–415–6402, email:                        disclosed in their comment submission.
                                                 possible, and continue to provide                       Arlon.Costa@nrc.gov. Both are staff of                 Your request should state that the NRC
                                                 reasonable assurance of adequate                        the U.S. Nuclear Regulatory                            does not routinely edit comment
                                                 protection of public health and safety.                 Commission, Washington, DC 20555–                      submissions to remove such information
                                                 The new EP regulations would be                         0001.                                                  before making the comment
                                                 applicable to SMR and ONT facilities                    SUPPLEMENTARY INFORMATION:
                                                                                                                                                                submissions available to the public or
                                                 only. Large light-water reactors (LWRs),                                                                       entering the comment into ADAMS.
                                                 fuel cycle facilities, research and test                I. Obtaining Information and
                                                                                                         Submitting Comments                                    II. Discussion
                                                 reactors and other non-power, non-
                                                 commercial, facilities are not in the                                                                             The NRC is requesting comments on
                                                                                                         A. Obtaining Information                               a draft regulatory basis to support a
                                                 scope of this rulemaking. The NRC
                                                 plans to hold a public meeting to                         Please refer to Docket ID NRC–2015–                  rulemaking that would amend part 50 of
                                                 promote full understanding of the                       0225 when contacting the NRC about                     title 10 of the Code of Federal
                                                 rulemaking and facilitate public                        the availability of information for this               Regulations (10 CFR), ‘‘Domestic
                                                 participation.                                          action. You may obtain publicly-                       Licensing of Production and Utilization
                                                                                                         available information related to this                  Facilities,’’ and part 52, ‘‘Licenses,
                                                 DATES:  Submit comments by June 27,                     action by any of the following methods:                Certifications, and Approvals for
                                                 2017. Comments received after this date                   • Federal rulemaking Web site: Go to                 Nuclear Power Plants,’’ by adopting new
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                                                 will be considered if it is practical to do             http://www.regulations.gov and search                  EP regulations for SMR and ONT
                                                 so, but the Commission is able to ensure                for Docket ID NRC–2015–0225.                           licensees. The specific objectives of this
                                                 consideration only for comments                           • NRC’s Agencywide Documents                         rulemaking effort are to establish new
                                                 received on or before this date.                        Access and Management System                           EP requirements for SMR and ONT
                                                 ADDRESSES: You may submit comments                      (ADAMS): You may obtain publicly-                      licensees that will recognize: (1)
                                                 by any of the following methods:                        available documents online in the                      Distance to which planning for
                                                   • Federal Rulemaking Web site: Go to                  ADAMS Public Documents collection at                   initiation of predetermined protective
                                                 http://www.regulations.gov and search                   http://www.nrc.gov/reading-rm/                         actions is warranted, (2) time-dependent


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                                                                         Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Proposed Rules                                           17769

                                                 characteristics of potential releases and                 • Are there other EP related issues                  The CER is an organizational challenge
                                                 exposures, and (3) isotopic                             that the NRC staff should consider in                  that results from a licensee or impacted
                                                 characteristics of radioactive materials                further developing this regulatory basis?              entity implementing a number of
                                                 that can potentially be released to the                   • Is the scope of facilities to be                   complex positions, programs, or
                                                 environment.                                            included under the ONT umbrella (see                   requirements within a limited
                                                   The scope of the draft regulatory basis               Section 1.1) appropriate or can you                    implementation period and with
                                                 includes EP for new SMR and ONT                         suggest additions or deletions?                        available resources (which may include
                                                 facilities licensed under 10 CFR parts 50               Performance-Based Approach                             limited available expertise to address a
                                                 and 52. Under current regulations for                                                                          specific issue). The NRC has
                                                                                                           • What are the benefits of a                         implemented CER enhancements to the
                                                 large LWR designs, the plume exposure
                                                                                                         performance-based EP approach, other                   rulemaking process to facilitate public
                                                 pathway emergency planning zone
                                                                                                         than those described in the draft                      involvement throughout the rulemaking
                                                 (EPZ) size is about 10 miles (16
                                                                                                         regulatory basis?                                      process. Therefore, the NRC is
                                                 kilometers). However, SMRs and ONTs                       • Should the NRC continue research
                                                 may have comparatively smaller reactor                                                                         specifically requesting comments on the
                                                                                                         to establish performance-based criteria                cumulative effects that may result from
                                                 core size and also include passive                      specific for SMRs and ONTs in the EP
                                                 design safety features, which result in                                                                        this proposed rulemaking. In developing
                                                                                                         area? Examples of such research that has               comments on the draft regulatory basis,
                                                 potential accident releases and offsite                 been performed are discussed in SECY–
                                                 radiation dose consequences that are                                                                           consider and provide comments on the
                                                                                                         14–0038, ‘‘Performance-Based                           following questions:
                                                 smaller and may be delayed when                         Framework for Nuclear Power Plant
                                                 compared to large LWRs. To account for                                                                           1. In light of any current or projected
                                                                                                         Emergency Preparedness Oversight,’’                    CER challenges, what should be a
                                                 this difference as compared to large                    (ADAMS Accession No. ML14259A589).
                                                 LWRs, the NRC plans to develop a                                                                               reasonable effective date, compliance
                                                                                                           • Is it appropriate to establish                     date, or submittal date(s) from the time
                                                 consequence-oriented, performance-                      combined risk-informed and
                                                 based, and technology inclusive                                                                                the final rule is published to the actual
                                                                                                         performance-based criteria, and can you                implementation of any proposed
                                                 approach to EP for these SMR and ONT                    suggest EP areas or methods where they
                                                 designs. With the proposed adoption of                                                                         requirements, including changes to
                                                                                                         could successfully be implemented?                     programs, procedures, and the facility?
                                                 an approach for these designs where the
                                                                                                         Regulatory Impacts                                       2. If CER challenges currently exist or
                                                 plume exposure pathway EPZ size is
                                                                                                                                                                are expected, what should be done to
                                                 scalable in proportion with potential                     • Section 5 of the draft regulatory                  address them? For example, if more
                                                 accident consequences, the potential                    basis presents the NRC’s initial                       time is required for subsequent
                                                 exists for this EPZ to be contained                     consideration of costs and other impacts               implementation of the new
                                                 within the site boundary. The draft                     for a number of key aspects of the                     requirements, what period of time is
                                                 regulatory basis, in part, explains why                 potential regulatory changes. This initial             sufficient?
                                                 the NRC believes the existing                           assessment is based on limited available                 3. Do other (NRC or other agency)
                                                 regulations should be updated, revised,                 data. The NRC is seeking additional data               regulatory actions (e.g., orders, generic
                                                 and enhanced; presents alternatives to                  and input relative to expected and/or                  communications, license amendment
                                                 rulemaking; and discusses costs and                     unintentional impacts from the desired                 requests, and inspection findings of a
                                                 other impacts of the potential changes.                 regulatory changes. What would be the                  generic nature) influence the subsequent
                                                 III. Specific Requests for Comments                     potential impacts to stakeholders, such                implementation of the proposed rule’s
                                                                                                         as applicants, licensees, and the public,              requirements?
                                                   The NRC is seeking comments and                       from implementing any of the desired                     4. Are there unintended
                                                 supporting rationale from the public on                 regulatory changes described in this                   consequences? Does the draft regulatory
                                                 the following questions:                                draft regulatory basis? We are also                    basis create conditions that would be
                                                                                                         seeking comments on reasonable cost                    contrary to the draft regulatory basis’
                                                 Scope of Draft Regulatory Basis
                                                                                                         estimates for implementation of the EP                 purpose and objectives? If so, what are
                                                    • Is the NRC considering an                          for SMRs and ONTs regulations,                         the unintended consequences, and how
                                                 appropriate approach for each objective                 including one-time startup cost and                    should they be addressed?
                                                 described in the draft regulatory basis?                annual cost?
                                                                                                           • What would the cost be for 10 CFR                  V. Availability of Documents
                                                    • Section 3 of the draft regulatory
                                                                                                         part 52 licensees to be licensed under                    The NRC may post documents related
                                                 basis discusses the regulatory concerns
                                                                                                         the proposed performance-based EP                      to this rulemaking activity to the
                                                 the NRC expects to address through
                                                                                                         approach? What would be the cost                       Federal rulemaking Web site at http://
                                                 rulemaking. Section 4 presents the
                                                                                                         difference between this new EP                         www.regulations.gov under Docket ID:
                                                 intended regulatory changes to address
                                                                                                         approach and the current EP approach                   NRC–2015–0225.
                                                 those regulatory concerns, and also
                                                                                                         in 10 CFR part 50?                                        The Federal rulemaking Web site
                                                 discusses alternatives to rulemaking                      • What impacts, other than cost,                     allows you to receive alerts when
                                                 considered by the NRC. Are there other                  would result from the rulemaking action                changes or additions occur in a docket
                                                 regulatory concerns within or related to                under consideration?                                   folder. To subscribe: (1) Navigate to the
                                                 the scope of the rulemaking efforts (see
                                                                                                                                                                docket folder (NRC–2015–0225); (2)
                                                 Section 4) that the NRC should                          IV. Cumulative Effects of Regulation
                                                                                                                                                                click the ‘‘Sign up for Email Alerts’’
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                                                 consider? Are there other approaches or                    The cumulative effects of regulation                link; and (3) enter your email address
                                                 alternatives the NRC should consider to                 (CER) describes the challenges that                    and select how frequently you would
                                                 resolve those regulatory concerns?                      licensees or other impacted entities                   like to receive emails (daily, weekly, or
                                                    • Are there any other alternatives for               (such as State agency partners, Tribal                 monthly).
                                                 EP for SMRs and ONTs to address                         and local governments) may face while
                                                 beyond those discussed in the draft                     implementing new regulatory positions,                 VI. Plain Writing
                                                 regulatory basis that the NRC should                    programs, and requirements (e.g., rules,                 The Plain Writing Act of 2010
                                                 consider?                                               generic letters, backfits, inspections).               (Pub. L. 111–274) requires Federal


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                                                 17770                    Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / Proposed Rules

                                                 agencies to write documents in a clear,                 10, for all Airbus Model A318, A319,                   be available in the AD docket shortly
                                                 concise, and well-organized manner.                     A320, and A321 series airplanes. AD                    after receipt.
                                                 The NRC has written this document to                    2014–26–10 currently requires revising                 FOR FURTHER INFORMATION CONTACT:
                                                 be consistent with the Plain Writing Act                the maintenance or inspection program                  Sanjay Ralhan, Aerospace Engineer,
                                                 as well as the Presidential                             to incorporate maintenance                             International Branch, ANM–116,
                                                 Memorandum, ‘‘Plain Language in                         requirements and airworthiness                         Transport Airplane Directorate, FAA,
                                                 Government Writing,’’ published June                    limitations. Since we issued AD 2014–                  1601 Lind Avenue SW., Renton, WA
                                                 10, 1998 (63 FR 31883). The NRC                         26–10, we have determined that more                    98057–3356; telephone: 425–227–1405;
                                                 requests comment on this document                       restrictive maintenance instructions and               fax: 425–227–1149.
                                                 with respect to the clarity and                         airworthiness limitations are necessary.               SUPPLEMENTARY INFORMATION:
                                                 effectiveness of the language used.                     This proposed AD would require
                                                                                                         revising the maintenance or inspection                 Comments Invited
                                                 VII. Public Meeting
                                                                                                         program, as applicable, to incorporate                   We invite you to send any written
                                                   The NRC plans to hold a public                        new or revised airworthiness limitation                relevant data, views, or arguments about
                                                 meeting during the public comment                       requirements. This proposed AD also                    this proposed AD. Send your comments
                                                 period for this notice. The public                      removes airplanes from the                             to an address listed under the
                                                 meeting will provide a forum for the                    applicability. We are proposing this AD                ADDRESSES section. Include ‘‘Docket No.
                                                 NRC staff to discuss the issues and                     to address the unsafe condition on these               FAA–2017–0248; Directorate Identifier
                                                 questions with external stakeholders                    products.                                              2016–NM–088–AD’’ at the beginning of
                                                 regarding the draft regulatory basis to                 DATES: We must receive comments on                     your comments. We specifically invite
                                                 add new EP requirements for SMRs and                    this proposed AD by May 30, 2017.                      comments on the overall regulatory,
                                                 ONTs. The NRC does not intend to
                                                                                                         ADDRESSES: You may send comments,                      economic, environmental, and energy
                                                 provide detailed responses to comments
                                                                                                         using the procedures found in 14 CFR                   aspects of this proposed AD. We will
                                                 or other information submitted during
                                                                                                         11.43 and 11.45, by any of the following               consider all comments received by the
                                                 the public meeting.
                                                                                                         methods:                                               closing date and may amend this
                                                   The public meeting will be noticed on
                                                 the NRC’s public meeting Web site at                      • Federal eRulemaking Portal: Go to                  proposed AD based on those comments.
                                                                                                         http://www.regulations.gov. Follow the                   We will post all comments we
                                                 least 10 calendar days before the
                                                                                                         instructions for submitting comments.                  receive, without change, to http://
                                                 meeting. Stakeholders should monitor
                                                                                                           • Fax: 202–493–2251.                                 www.regulations.gov, including any
                                                 the NRC’s Public Meeting Schedule Web
                                                                                                           • Mail: U.S. Department of                           personal information you provide. We
                                                 page for additional information about
                                                                                                         Transportation, Docket Operations, M–                  will also post a report summarizing each
                                                 the public meeting at http://
                                                                                                         30, West Building Ground Floor, Room                   substantive verbal contact we receive
                                                 meetings.nrc.gov/pmns/mtg.
                                                   The NRC will post a notice for the                    W12–140, 1200 New Jersey Avenue SE.,                   about this proposed AD.
                                                 public meeting and may post additional                  Washington, DC 20590.
                                                                                                                                                                Discussion
                                                 material related to this action to the                    • Hand Delivery: Deliver to Mail
                                                                                                         address above between 9 a.m. and 5                        On December 19, 2014, we issued AD
                                                 Federal rulemaking Web site at
                                                                                                         p.m., Monday through Friday, except                    2014–26–10, Amendment 39–18061 (80
                                                 www.regulations.gov under Docket ID
                                                                                                         Federal holidays.                                      FR 2813, January 21, 2015) (‘‘AD 2014–
                                                 NRC–2015–0225.
                                                                                                           For service information identified in                26–10’’), for all Airbus Model A318,
                                                   Dated at Rockville, Maryland, this 29th day           this NPRM, contact Airbus,                             A319, A320, and A321 series airplanes.
                                                 of March 2017.                                          Airworthiness Office—EIAS, 1 Rond                      AD 2014–26–10 was prompted by a
                                                   For the Nuclear Regulatory Commission.                Point Maurice Bellonte, 31707 Blagnac                  determination that the maintenance
                                                 Robert K. Caldwell,                                     Cedex, France; telephone: +33 5 61 93                  actions for airplane systems susceptible
                                                 Acting Director, Division of Engineering and            36 96; fax: +33 5 61 93 44 51; email:                  to aging must be mandated. AD 2014–
                                                 Infrastructure, Office of New Reactors.                 account.airworth-eas@airbus.com;                       26–10 requires revising the maintenance
                                                 [FR Doc. 2017–07502 Filed 4–12–17; 8:45 am]             Internet: http://www.airbus.com. You                   or inspection program to incorporate
                                                 BILLING CODE 7590–01–P                                  may view this referenced service                       maintenance requirements and
                                                                                                         information at the FAA, Transport                      airworthiness limitations. We issued AD
                                                                                                         Airplane Directorate, 1601 Lind Avenue                 2014–26–10 to mitigate the risks
                                                 DEPARTMENT OF TRANSPORTATION                            SW., Renton, WA. For information on                    associated with aging effects of airplane
                                                                                                         the availability of this material at the               systems. Such aging effects could
                                                 Federal Aviation Administration                         FAA, call 425–227–1221.                                change the characteristics of the systems
                                                                                                                                                                leading to an increased potential for
                                                 14 CFR Part 39                                          Examining the AD Docket                                failure, which could result in failure of
                                                                                                            You may examine the AD docket on                    certain life-limited parts, and reduced
                                                 [Docket No. FAA–2017–0248; Directorate
                                                 Identifier 2016–NM–088–AD]                              the Internet at http://                                structural integrity or reduced
                                                                                                         www.regulations.gov by searching for                   controllability of the airplane.
                                                 RIN 2120–AA64                                           and locating Docket No. FAA–2017–                         Since we issued AD 2014–26–10, we
                                                                                                         0248; or in person at the Docket                       have determined that more restrictive
                                                 Airworthiness Directives; Airbus                        Management Facility between 9 a.m.                     maintenance instructions and
nlaroche on DSK30NT082PROD with PROPOSALS




                                                 Airplanes                                               and 5 p.m., Monday through Friday,                     airworthiness limitations are necessary.
                                                 AGENCY: Federal Aviation                                except Federal holidays. The AD docket                    The European Aviation Safety Agency
                                                 Administration (FAA), DOT.                              contains this proposed AD, the                         (EASA), which is the Technical Agent
                                                 ACTION: Notice of proposed rulemaking                   regulatory evaluation, any comments                    for the Member States of the European
                                                 (NPRM).                                                 received, and other information. The                   Union, has issued EASA AD 2016–0093,
                                                                                                         street address for the Docket Operations               dated May 13, 2016 (referred to after
                                                 SUMMARY: We propose to supersede                        office (telephone: 800–647–5527) is in                 this as the Mandatory Continuing
                                                 Airworthiness Directive (AD) 2014–26–                   the ADDRESSES section. Comments will                   Airworthiness Information, or ‘‘the


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Document Created: 2017-04-13 01:09:22
Document Modified: 2017-04-13 01:09:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionDraft regulatory basis; public meeting, and request for comment.
DatesSubmit comments by June 27, 2017. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.
ContactAndrew Carrera, Office of New Reactors, telephone: 301-415-1078, email: [email protected]; and Arlon Costa, Office of New Reactors, telephone: 301-415-6402, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation82 FR 17768 
RIN Number3150-AJ68
CFR Citation10 CFR 50
10 CFR 52

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