82 FR 24997 - Shipping, Receiving, and Internal Transfer of Special Nuclear Material
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 103 (May 31, 2017)
Federal Register Volume 82, Issue 103 (May 31, 2017)
| Page Range | 24997-24998 | |
| FR Document | 2017-11224 |
[Federal Register Volume 82, Number 103 (Wednesday, May 31, 2017)] [Notices] [Pages 24997-24998] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-11224] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION National Marine Fisheries Service [NRC-2016-0189] Shipping, Receiving, and Internal Transfer of Special Nuclear Material AGENCY: Nuclear Regulatory Commission. ACTION: Regulatory guide; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Regulatory Guide (RG) 5.41, ``Shipping, Receiving, and Internal Transfer of Special Nuclear Material.'' This new RG consolidates in one document NRC guidance concerning the material control and accounting requirements pertaining to shipments, receipts, and internal transfers of special nuclear material. In addition, this guide provides updated guidance for source material (SM) and depleted uranium (DU) at uranium enrichment facilities. DATES: Revision 0 to RG 5.41 is available on May 31, 2017. ADDRESSES: Please refer to Docket ID NRC-2016-0189 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0189. 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 document (if that document is available in ADAMS) is provided the first time that a document is referenced. RG 5.41 may be found in ADAMS under Accession No. ML16348A213. The regulatory analysis supporting this RG may be found in ADAMS under Accession No. ML14181B214. NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Glenn Tuttle, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7230, email: [email protected], or Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 301-415-1699, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. Discussion 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 NRC staff uses in evaluating specific issues or postulated events, and data that the NRC staff needs in its review of applications for permits and licenses. The RG 5.41 is entitled, ``Shipping, Receiving, and Internal Transfer of Special Nuclear Material,'' and provides 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 part 74), ``Material Control and Accounting of Special Nuclear Material,'' that cover these topics. RG 5.41 updates and combines in one document guidance previously provided by: RG 5.28, ``Evaluation of Shipper-Receiver Differences in the Transfer of Special Nuclear Material,'' published in June 1974 (ADAMS Accession No. ML003740063); RG 5.49, ``Internal Transfers of Special Nuclear Material,'' published in March 1975 (ADAMS Accession No. ML003739222); and RG 5.57, ``Shipping and Receiving Control of Strategic Special Nuclear Material,'' published in June 1980 (ADAMS Accession No. ML003739260). [[Page 24998]] Due to several rulemakings that occurred from 1985 to 2002, which significantly amended the MC&A requirements, the above regulatory guides became outdated as they no longer cite the correct sections of the regulations. Accordingly, RG 5.28, RG 5.49, and RG 5.57 are being withdrawn concurrent with the issuance of RG 5.41, which provides the correct citations to the 10 CFR part 74 regulations. NRC guidance on the MC&A requirements pertaining to shipments, receipts, and internal transfers of special nuclear material 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 special nuclear material (ADAMS Accession No. ML031340295). 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 (ADAMS Accession No. ML031340288). 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 (ADAMS Accession No. ML15120A354). RG 5.41 incorporates guidance from these NUREGs that relates to the monitoring of shipments, receipts, and internal transfers of SNM. In addition to providing guidance on these topics, the NUREGs listed above cover other MC&A requirements as well. Therefore, these NUREGs are not being withdrawn. II. Additional Information The draft of RG 5.41 was issued with a temporary identification of Draft Regulatory Guide, DG-5051, ``Shipping, Receiving, and Internal Transfer of Special Nuclear Material.'' The NRC published a notice of the availability of DG-5051 in the Federal Register on September 21, 2016 (81 FR 64955) for a 30-day public comment period. The public comment period closed on October 21, 2016. Public comments on DG-5051 and the staff responses to the public comments are available in ADAMS under Accession No. ML16348A218. III. Congressional Review Act This RG is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. IV. Backfitting and Issue Finality Issuance of RG 5.41 does not constitute backfitting as defined in 10 CFR 70.76. As discussed in the ``Implementation'' section of RG 5.41, the NRC has no current intention to impose this guidance on holders of 10 CFR part 70 licenses. Additionally, RG 5.41 incorporates relevant guidance from NUREG-1280, NUREG-1065, and NUREG/CR-5734 without making substantive changes to that guidance. RG 5.41 updates the outdated NRC guidance provided in RG 5.28, RG 5.49, and RG 5.57 by providing the correct citations to the existing 10 CFR part 74 regulations. Accordingly, the issuance of RG 5.41 does not constitute a ``new'' or ``different'' staff position within the definition of ``backfitting'' in 10 CFR 70.76. Dated at Rockville, Maryland, this 25th day of May 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. 2017-11224 Filed 5-30-17; 8:45 am] BILLING CODE 7590-01-P
![Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices 24997
Plants,’’ is proposed revision 1 to RG Dated at Rockville, Maryland, this 25th day 1–800–397–4209, 301–415–4737, or by
1.158. The proposed revised RG is of May 2017. email to pdr.resource@nrc.gov. The
temporarily identified by its task For the Nuclear Regulatory Commission. ADAMS accession number for each
number, DG–1338. The proposed Thomas H. Boyce, document referenced in this document
revised RG provides more current Chief, Regulatory Guidance and Generic (if that document is available in
guidance on the methods and type-test Issues Branch, Division of Engineering, Office ADAMS) is provided the first time that
procedures for two different battery of Nuclear Regulatory Research. a document is referenced. RG 5.41 may
applications. One application is for [FR Doc. 2017–11223 Filed 5–30–17; 8:45 am] be found in ADAMS under Accession
batteries with duty cycles equal to or BILLING CODE 7590–01–P No. ML16348A213. The regulatory
less than 8 hours and the other analysis supporting this RG may be
application is for batteries with duty found in ADAMS under Accession No.
cycles longer than 8 hours. The 2013 NUCLEAR REGULATORY ML14181B214.
revision of IEEE Std. 535 provides a COMMISSION • NRC’s PDR: You may examine and
qualification process for both purchase copies of public documents at
applications to ensure battery National Marine Fisheries Service the NRC’s PDR, Room O1–F21, One
performance and provides a normative [NRC–2016–0189] White Flint North, 11555 Rockville
annex with example testing regimens. Pike, Rockville, Maryland 20852.
The NRC staff determined that RG 1.158 Shipping, Receiving, and Internal FOR FURTHER INFORMATION CONTACT:
should be revised to endorse the 2013 Transfer of Special Nuclear Material Glenn Tuttle, Office of Nuclear Material
version of IEEE Std. 535 to support new Safety and Safeguards, telephone: 301–
reactor license applications, design AGENCY: Nuclear Regulatory
Commission. 415–7230, email: Glenn.Tuttle@nrc.gov,
certifications, and applications for or Mekonen Bayssie, Office of Nuclear
license amendments. ACTION: Regulatory guide; issuance.
Regulatory Research, telephone: 301–
Copies of IEEE documents may be SUMMARY: The U.S. Nuclear Regulatory 415–1699, email: Mekonen.Bayssie@
purchased from the Institute of Commission (NRC) is issuing Regulatory nrc.gov. Both are staff of the U.S.
Electrical and Electronics Engineers Guide (RG) 5.41, ‘‘Shipping, Receiving, Nuclear Regulatory Commission,
Service Center, 445 Hoes Lane, PO Box and Internal Transfer of Special Nuclear Washington, DC 20555–0001.
1331, Piscataway, NJ 08855 or through
Material.’’ This new RG consolidates in SUPPLEMENTARY INFORMATION:
the IEEE’s public Web site at http://
one document NRC guidance
www.ieee.org/publications_standards/ I. Discussion
concerning the material control and
index.html.
accounting requirements pertaining to The NRC is issuing a new guide in the
III. Backfitting and Issue Finality shipments, receipts, and internal NRC’s ‘‘Regulatory Guide’’ series. This
Draft regulatory guide DG–1338, if transfers of special nuclear material. In series was developed to describe and
finalized as revision 1 to RG 1.158, addition, this guide provides updated make available to the public information
would endorse, with certain guidance for source material (SM) and regarding methods that are acceptable to
clarifications, the 2013 revision of IEEE depleted uranium (DU) at uranium the NRC staff for implementing specific
Std. 535 which refines the methods and enrichment facilities. parts of the agency’s regulations,
type-test procedures for two different DATES: Revision 0 to RG 5.41 is available techniques that the NRC staff uses in
battery applications. One application is on May 31, 2017. evaluating specific issues or postulated
for batteries with duty cycles equal to or ADDRESSES: Please refer to Docket ID events, and data that the NRC staff
less than 8 hours and the other NRC–2016–0189 when contacting the needs in its review of applications for
application is for batteries with duty NRC about the availability of permits and licenses.
cycles longer than 8 hours. The 2013 information regarding this document. The RG 5.41 is entitled, ‘‘Shipping,
revision of IEEE Std. 535 demonstrates You may obtain publicly-available Receiving, and Internal Transfer of
and outlines the qualifying process for information related to this document Special Nuclear Material,’’ and provides
both applications to ensure battery using any of the following methods: guidance for meeting the nuclear
performance. It also provides a • Federal Rulemaking Web site: Go to material control and accounting (MC&A)
comprehensive document for qualifying http://www.regulations.gov and search requirements in part 74 of title 10 of the
batteries with additional normative for Docket ID NRC–2016–0189. Address Code of Federal Regulations (10 CFR
annexes. The draft regulatory guide, if questions about NRC dockets to Carol part 74), ‘‘Material Control and
finalized, would not constitute Gallagher; telephone: 301–415–3463; Accounting of Special Nuclear
backfitting as defined in 10 CFR 50.109 email: Carol.Gallagher@nrc.gov. For Material,’’ that cover these topics.
(the Backfit Rule) and is not otherwise technical questions, contact the RG 5.41 updates and combines in one
inconsistent with the issue finality individuals listed in the FOR FURTHER document guidance previously provided
provisions in 10 CFR part 52, ‘‘Licenses, INFORMATION CONTACT section of this by:
Certifications and Approvals for Nuclear document. • RG 5.28, ‘‘Evaluation of Shipper-
Power Plants.’’ The subject of this draft • NRC’s Agencywide Documents Receiver Differences in the Transfer of
regulatory guide, as described above, is Access and Management System Special Nuclear Material,’’ published in
an NRC-defined process which does not (ADAMS): You may obtain publicly- June 1974 (ADAMS Accession No.
fall within the purview of subjects available documents online in the ML003740063);
covered by either the Backfit Rule or the ADAMS Public Document collection at • RG 5.49, ‘‘Internal Transfers of
nlaroche on DSK30NT082PROD with NOTICES
issue finality provision in 10 CFR part http://www.nrc.gov/reading-rm/ Special Nuclear Material,’’ published in
52. Issuance of the draft regulatory adams.html. To begin the search, select March 1975 (ADAMS Accession No.
guide, in final form, would not ‘‘ADAMS Public Documents’’ and then ML003739222); and
constitute backfitting, and no further select ‘‘Begin Web-based ADAMS • RG 5.57, ‘‘Shipping and Receiving
consideration of backfitting is required Search.’’ For problems with ADAMS, Control of Strategic Special Nuclear
in order to issue the draft or final please contact the NRC’s Public Material,’’ published in June 1980
regulatory guide in final form. Document Room (PDR) reference staff at (ADAMS Accession No. ML003739260).
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![24998 Federal Register / Vol. 82, No. 103 / Wednesday, May 31, 2017 / Notices
Due to several rulemakings that III. Congressional Review Act power uprate (EPU), represents an
occurred from 1985 to 2002, which This RG is a rule as defined in the increase of approximately 14.3 percent
significantly amended the MC&A Congressional Review Act (5 U.S.C. above the current licensed thermal
requirements, the above regulatory 801–808). However, the Office of power limit. The NRC is issuing a final
guides became outdated as they no Management and Budget has not found environmental assessment (EA) and
longer cite the correct sections of the it to be a major rule as defined in the final finding of no significant impact
regulations. Accordingly, RG 5.28, RG Congressional Review Act. (FONSI) associated with the proposed
5.49, and RG 5.57 are being withdrawn EPU.
concurrent with the issuance of RG 5.41, IV. Backfitting and Issue Finality DATES: The final EA and final FONSI are
which provides the correct citations to Issuance of RG 5.41 does not available on May 31, 2017.
the 10 CFR part 74 regulations. constitute backfitting as defined in 10 ADDRESSES: Please refer to Docket ID
NRC guidance on the MC&A CFR 70.76. As discussed in the NRC–2016–0244 when contacting the
requirements pertaining to shipments, ‘‘Implementation’’ section of RG 5.41, NRC about the availability of
receipts, and internal transfers of special the NRC has no current intention to information regarding this document.
nuclear material is also provided in the impose this guidance on holders of 10 You may obtain publicly-available
following NUREGs that were issued in CFR part 70 licenses. Additionally, RG information related to this document
conjunction with the 1985–2002 MC&A 5.41 incorporates relevant guidance using any of the following methods:
rulemakings: from NUREG–1280, NUREG–1065, and • Federal Rulemaking Web Site: Go to
• NUREG–1280, ‘‘Standard Format NUREG/CR–5734 without making http://www.regulations.gov and search
and Content Acceptance Criteria for the substantive changes to that guidance. for Docket ID NRC–2016–0244. Address
Material Control and Accounting RG 5.41 updates the outdated NRC questions about NRC dockets to Carol
(MC&A) Reform Amendment,’’ guidance provided in RG 5.28, RG 5.49, Gallagher; telephone: 301–415–3463;
applicable to facilities using formula and RG 5.57 by providing the correct email: Carol.Gallagher@nrc.gov. For
quantities of strategic special nuclear citations to the existing 10 CFR part 74 technical questions, contact the
material (ADAMS Accession No. regulations. Accordingly, the issuance individual listed in the FOR FURTHER
ML031340295). of RG 5.41 does not constitute a ‘‘new’’ INFORMATION CONTACT section of this
• NUREG–1065, ‘‘Acceptable or ‘‘different’’ staff position within the document.
Standard Format and Content for the definition of ‘‘backfitting’’ in 10 CFR • NRC’s Agencywide Documents
Fundamental Nuclear Material Control 70.76. Access and Management System
(FNMC) Plan Required for Low- Dated at Rockville, Maryland, this 25th day (ADAMS): You may obtain publicly-
Enriched Uranium Facilities,’’ of May 2017. available documents online in the
applicable to fuel fabrication facilities For the Nuclear Regulatory Commission. ADAMS Public Documents collection at
using low-enriched uranium (ADAMS http://www.nrc.gov/reading-rm/
Accession No. ML031340288). Thomas H. Boyce,
adams.html. To begin the search, select
• NUREG/CR–5734, Chief, Regulatory Guidance and Generic ‘‘ADAMS Public Documents’’ and then
Issues Branch, Division of Engineering, Office
‘‘Recommendations to the NRC on select ‘‘Begin Web-based ADAMS
of Nuclear Regulatory Research.
Acceptable Standard Format and Search.’’ For problems with ADAMS,
[FR Doc. 2017–11224 Filed 5–30–17; 8:45 am]
Content for the Fundamental Nuclear please contact the NRC’s Public
BILLING CODE 7590–01–P
Material Control (FNMC) Plan Required Document Room (PDR) reference staff at
for Low-Enriched Uranium Enrichment 1–800–397–4209, 301–415–4737, or by
Facilities,’’ applicable to uranium email to pdr.resource@nrc.gov. For the
NUCLEAR REGULATORY
enrichment plants (ADAMS Accession convenience of the reader, the ADAMS
COMMISSION
No. ML15120A354). accession numbers are provided in a
RG 5.41 incorporates guidance from [Docket Nos. 50–259, 50–260, and 50–296; table in the ‘‘Availability of Documents’’
these NUREGs that relates to the NRC–2016–0244] section of this document.
monitoring of shipments, receipts, and • NRC’s PDR: You may examine and
internal transfers of SNM. In addition to Tennessee Valley Authority; Browns purchase copies of public documents at
providing guidance on these topics, the Ferry Nuclear Plant, Units 1, 2, and 3 the NRC’s PDR, Room O1–F21, One
NUREGs listed above cover other MC&A AGENCY: Nuclear Regulatory White Flint North, 11555 Rockville
requirements as well. Therefore, these Commission. Pike, Rockville, Maryland 20852.
NUREGs are not being withdrawn. ACTION: Environmental assessment and FOR FURTHER INFORMATION CONTACT: Siva
finding of no significant impact; P. Lingam, telephone: 301–415–1564;
II. Additional Information
issuance. email: Siva.Lingam@nrc.gov; or Briana
The draft of RG 5.41 was issued with Grange, telephone: 301–415–1042;
a temporary identification of Draft SUMMARY: The U.S. Nuclear Regulatory email: Briana.Grange@nrc.gov. Both are
Regulatory Guide, DG–5051, ‘‘Shipping, Commission (NRC) is considering staff members of the Office of Nuclear
Receiving, and Internal Transfer of issuance of amendments to Renewed Reactor Regulation, U.S. Nuclear
Special Nuclear Material.’’ The NRC Facility Operating License Nos. DPR–33, Regulatory Commission, Washington,
published a notice of the availability of DPR–52, and DPR–68 issued to DC 20555–0001.
DG–5051 in the Federal Register on Tennessee Valley Authority (TVA, the SUPPLEMENTARY INFORMATION:
September 21, 2016 (81 FR 64955) for a licensee) for operation of Browns Ferry
nlaroche on DSK30NT082PROD with NOTICES
30-day public comment period. The Nuclear Plant, Units 1, 2, and 3 (BFN) I. Introduction
public comment period closed on located in Limestone County, Alabama. The NRC is considering issuance of
October 21, 2016. Public comments on The proposed amendments would amendments to Renewed Facility
DG–5051 and the staff responses to the increase the maximum licensed thermal Operating License Nos. DPR–33, DPR–
public comments are available in power level for each reactor from 3,458 52, and DPR–68 issued to TVA for
ADAMS under Accession No. megawatts thermal (MWt) to 3,952 MWt. operation of BFN located in Limestone
ML16348A218. This change, referred to as an extended County, Alabama. TVA submitted its
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Document Created: 2017-05-31 05:59:36
Document Modified: 2017-05-31 05:59:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Regulatory guide; issuance. | |
| Dates | Revision 0 to RG 5.41 is available on May 31, 2017. | |
| Contact | Glenn Tuttle, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-7230, email: [email protected], or Mekonen Bayssie, Office of Nuclear Regulatory Research, telephone: 301-415-1699, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 82 FR 24997 |
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