82 FR 45073 - Emergency Planning for Research and Test Reactors and Other Non-Power Production and Utilization Facilities

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 186 (September 27, 2017)

Page Range		45073-45074
FR Document		2017-20693

The U.S. Nuclear Regulatory Commission (NRC) is issuing revision 2 of Regulatory Guide (RG) 2.6, ``Emergency Planning for Research and Test Reactors and Other Non-Power Production and Utilization Facilities.'' This RG provides licensees and applicants with a method the NRC staff considers acceptable for use in complying with the regulations on the content of emergency plans for research and test reactors and other non-power production and utilization facilities.

Federal Register, Volume 82 Issue 186 (Wednesday, September 27, 2017)

[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)]
[Notices]
[Pages 45073-45074]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20693]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0056]


Emergency Planning for Research and Test Reactors and Other Non-
Power Production and Utilization Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide, issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
revision 2 of Regulatory Guide (RG) 2.6, ``Emergency Planning for 
Research and Test Reactors and Other Non-Power

[[Page 45074]]

Production and Utilization Facilities.'' This RG provides licensees and 
applicants with a method the NRC staff considers acceptable for use in 
complying with the regulations on the content of emergency plans for 
research and test reactors and other non-power production and 
utilization facilities.

DATES: Revision 2 of RG 2.6 is available on September 27, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0056 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-2017-0056. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individuals listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected]. The 
ADAMS accession number for each document referenced (if it is available 
in ADAMS) is provided the first time that a document is referenced. 
Revision 2 of RG 2.6 and the regulatory analysis may be found in ADAMS 
under Accession numbers ML17263A472 and ML16035A477 respectively.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.
    Regulatory guides are not copyrighted, and the NRC's approval is 
not required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Geoffrey Wertz, Office of Nuclear 
Reactor Regulation, telephone: 301-415-0893, email: 
[email protected]; or Stanley Gardocki, Office of Nuclear 
Regulatory Research, telephone: 301-415-1067, email: 
[email protected]. Both are staff of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Introduction

    The NRC is issuing a revision to an existing 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.
    Revision 2 of RG 2.6 was issued with a temporary designation of 
Draft Regulatory Guide, DG-2004. The purpose of issuing this RG is to 
provide licensees and applicants with a method that the staff of the 
NRC considers acceptable for use in complying with the regulations on 
the content of emergency plans for research and test reactors and other 
non-power production and utilization facilities licensed under part 50 
of title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
Licensing of Production and Utilization Facilities.''

II. Additional Information

    The NRC published a notice of the availability of DG-2004 in the 
Federal Register on February 24, 2017, (82 FR 11660) for a 60-day 
public comment period. The public comment period closed on April 25, 
2017. The NRC received one public comment on DG-2004. That comment and 
the NRC's response to it are available in ADAMS under Accession No. 
ML17137A099.
    Revision 2 of RG 2.6 addresses new issues identified since the 
guide was last revised in March 1983. This revision endorses the latest 
version of a consensus standard developed by the American National 
Standards Institute (ANSI) and American Nuclear Society (ANS), ANSI/
ANS-15.16-2015, ``Emergency Planning for Research Reactors.'' The NRC 
also expanded the scope of the guide to address non-power facilities 
under 10 CFR part 50, other than research and test reactors. Other 
changes to RG 2.6 include editorial changes and the current program 
guidance for RGs.
    Revising this regulatory guide to adopt, in whole or in part, a 
consensus standard is consistent with the NRC policy of evaluating the 
latest versions of national consensus standards to determine their 
suitability for endorsement by regulatory guides. This approach also 
complies with the NRC's Management Directive 6.5, ``NRC Participation 
in the Development and Use of Consensus Standards'' (ADAMS Accession 
No. ML16193A497), and is in accordance with Public Law 104-113, 
``National Technology Transfer and Advancement Act of 1995.''
    Copies of ANSI/ANS-15.16-2015 may be purchased from the ANS Web 
site (http://www.new.ans.org/store/); or by writing to: American 
Nuclear Society, 555 North Kensington Avenue, La Grange Park, Illinois 
60526, U.S.A., telephone: 1-800-323-3044.

III. Congressional Review Act

    This regulatory guide is a rule as defined in the Congressional 
Review Act (5 U.S.C. 801-808). However, the Office of Management and 
Budget has not found it to be a major rule as defined in the 
Congressional Review Act.

IV. Backfitting

    The regulatory positions in this guidance document demonstrate the 
method that the NRC staff finds acceptable for an applicant or holder 
of a license under 10 CFR part 50 for a research and test reactor and 
other non-power production or utilization facility to meet the 
requirements of the underlying NRC regulations. The issuance of this RG 
is not backfitting, as that term is defined in 10 CFR 50.109, 
``Backfitting,'' because non-power facilities licensed under 10 CFR 
part 50 are not included within the scope of entities protected by 10 
CFR 50.109.

    Dated at Rockville, Maryland, this 21st day of September 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. 2017-20693 Filed 9-26-17; 8:45 am]
 BILLING CODE 7590-01-P

Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Notices 45073

accordance with the declassification matter are provided and listed with the 2. The agency’s failure to provide an
guides or guidelines provided by the notice of denial. initial decision on the request for an
originating agency. If referred, the 10. When information cannot be MDR from the agency within 1 year of
originating agency will process the declassified in its entirety, the NRC will its filing; or
request in accordance with its agency’s make reasonable efforts to release, 3. The agency’s failure to provide a
procedures for mandatory review for consistent with other applicable laws, final decision on an agency-level appeal
declassification and communicate its those declassified portions of the within 180 days of the filing of the
determination to the NRC. The NRC will requested information that constitute a appeal.
be responsible for collecting all agency coherent segment. M. Charges for services (e.g., locating
review results and informing the 11. A final determination shall be and reproducing copies of records) will
requester of any final decision regarding made on each request within 1 year be made, when deemed applicable, in
the declassification of the requested from the date of receipt. accordance with NRC regulations and
information unless a prior arrangement 12. Upon completion of the review, will be consistent with charges for
has been made with the originating the NRC releases the information to the information requested under section
agency. Requests for an MDR made to an requester, unless that information is 9701 of title 31, United States Code and
element of the Intelligence Community prohibited from release under the the NRC’s regulations implementing the
by anyone other than a citizen of the provisions of a statutory authority. Freedom of Information Act (10 CFR
United States or an alien lawfully 13. Upon denial, in whole or in part, 9.35—Duplication Fees), or the Privacy
admitted for permanent residence may of an initial request, the NRC’s response Act (10 CFR 9.85—Fees).
be denied by the receiving Intelligence shall also notify the requester of the
Community element. right to an administrative appeal. II. Instructions for Submitting
5. If the matter is marked as, or H. When the Director, Division of Suggestions or Questions Regarding the
potentially contains, Restricted Data, Security Operations, Office of Nuclear NRC’s Classified Information Security
Formerly Restricted Data, or Security and Incident Response, denies Program
Transclassified Foreign Nuclear the release of classified matter requested Requirements regarding the NRC’s
Information, then the MDR is processed under an MDR, the requester may Classified Information Security Program
in accordance with 10 CFR part 1045, appeal the determination to the NRC are contained in NRC Management
‘‘Nuclear Classification and within 60 days of receipt of the denial. Directive 12.2, ‘‘NRC Classified
Declassification.’’ I. The appeal must be in writing and Information Security Program,’’ which
6. If the matter contains cryptologic submitted to the Office of the Executive is available for review and printing in
information then the NRC shall process Director for Operations, U.S. Nuclear ADAMS under Accession No.
the MDR in accordance with special Regulatory Commission, Washington, ML14142A085. Suggestions or questions
procedures issued by the Secretary of DC 20555–0001. The appeal: regarding NRC’s Classified Information
Defense and, when cryptologic 1. Must include reference to the Security Program should be submitted
information pertains to intelligence determination being appealed; and in writing to the U.S. Nuclear
activities, the Director of National 2. Should specify why the requester
Regulatory Commission, Director,
Intelligence. believes the information does not
Division of Security Operations, Office
7. If the matter contains information warrant classification.
of Nuclear Security and Incident
pertaining to intelligence sources, J. The NRC shall normally make a
Response, U.S. Nuclear Regulatory
methods, and activities then the NRC determination within 60 working days
Commission Washington, DC 20555–
shall process the MDR in accordance following the receipt of an appeal. If
0001.
with the special procedures issued by additional time is required in rendering
the Director of National Intelligence. a decision, the NRC will notify the Dated at Rockville, Maryland, this 18th day
8. If the matter contains foreign requester of the additional time needed of September, 2017.
government information and the NRC and the reason for the extension. For the U.S. Nuclear Regulatory
initially received or classified the K. The NRC will notify the requester Commission,
foreign government information, then in writing of the final decision and of Michael R. Johnson,
the NRC shall be responsible for making the reason(s) for any denial. The NRC Acting Executive Director for Operations.
a declassification determination after may refuse to confirm or deny the [FR Doc. 2017–20706 Filed 9–26–17; 8:45 am]
consultation with concerned existence or nonexistence of the BILLING CODE 7590–01–P
governments/agencies. If the NRC did requested information whenever the fact
not initially receive or classify the of its existence or nonexistence is itself
foreign government information, the classified under E.O. 13526 or successor NUCLEAR REGULATORY
NRC shall refer the request to the agency orders. COMMISSION
that received or classified the foreign L. If the appeal has been denied, the
NRC shall notify the requester in writing [NRC–2017–0056]
government information for appropriate
action. In all instances, the NRC may of the right to appeal the final NRC Emergency Planning for Research and
consult with the foreign government(s) decision to the Interagency Security Test Reactors and Other Non-Power
through appropriate channels prior to Classification Appeals Panel (ISCAP). Production and Utilization Facilities
declassification. The rules and procedures for bringing
asabaliauskas on DSKBBXCHB2PROD with NOTICES

9. If the matter also contains mandatory declassification appeals AGENCY: Nuclear Regulatory
unclassified information that is before the ISCAP are published in ‘‘The Commission.
potentially exempt from release under Interagency Security Classification ACTION: Regulatory guide, issuance.
the Freedom of Information Act, the Appeals Panel (ISCAP) Bylaws, Rules,
matter is further processed to ensure and Appeal Procedures,’’ dated July 9, SUMMARY: The U.S. Nuclear Regulatory
unclassified information that is exempt 2012 (77 FR 40261). The appeal to the Commission (NRC) is issuing revision 2
from public release is identified and ISCAP must be filed within 60 days of: of Regulatory Guide (RG) 2.6,
that the appropriate officials responsible 1. The date of the final agency ‘‘Emergency Planning for Research and
for denying any classified portion of the decision; Test Reactors and Other Non-Power

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Document Created: 2018-10-24 14:46:29
Document Modified: 2018-10-24 14:46:29

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 2 of RG 2.6 is available on September 27, 2017.
Contact		Geoffrey Wertz, Office of Nuclear Reactor Regulation, telephone: 301-415-0893, email: [email protected]; or Stanley Gardocki, Office of Nuclear Regulatory Research, telephone: 301-415-1067, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation		82 FR 45073