82 FR 45074 - Regulatory Guide: “Physical Inventories and Material Balances at Fuel Cycle Facilities”
NUCLEAR REGULATORY COMMISSION Federal Register Volume 82, Issue 186 (September 27, 2017)
Federal Register Volume 82, Issue 186 (September 27, 2017)
| Page Range | 45074-45075 | |
| FR Document | 2017-20694 |
[Federal Register Volume 82, Number 186 (Wednesday, September 27, 2017)] [Notices] [Pages 45074-45075] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20694] ----------------------------------------------------------------------- NUCLEAR REGULATORY COMMISSION [NRC-2017-0057] Regulatory Guide: ``Physical Inventories and Material Balances at Fuel Cycle Facilities'' AGENCY: Nuclear Regulatory Commission. ACTION: Regulatory guide; issuance. ----------------------------------------------------------------------- SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 0 of Regulatory Guide (RG) 5.88, ``Physical Inventories and Material Balances at Fuel Cycle Facilities.'' This regulatory guide (RG) describes approaches and methods that the staff considers acceptable for licensees and [[Page 45075]] applicants to use when developing material control and accounting (MC&A) system capabilities. This RG pertains to the performance, evaluation, and reporting of physical inventories and material balances at fuel cycle facilities. DATES: Revision 0 to RG 5.88 is available on September 27, 2017. ADDRESSES: Please refer to Docket ID NRC-2017-0057 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-2017-0057. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415- 3463; email: [email protected]. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. 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 (if it is available in ADAMS) is provided the first time that it is mentioned in this document. Regulatory Guide 5.88 is available in ADAMS under Accession No. ML17167A292. The regulatory analysis supporting Revision 1 is available in ADAMS under Accession No. ML15268A457. 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, 301-415-7230, email: [email protected]; or Mekonen Bayssie, Office of Nuclear Regulatory Research, 301-415-1699, email: [email protected]. Both are staff members of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. 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. Revision 0 of RG 5.88 was issued with a temporary identification of draft Regulatory Guide, DG-5056. The new RG provides updated guidance for uranium enrichment facilities as well as other type of facilities by incorporating relevant guidance from three NUREGs without making substantive changes to that guidance. The RG is titled ``Physical Inventories and Material Balances at Fuel Cycle Facilities,'' 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), ``Material Control and Accounting of Special Nuclear Material,'' that cover these topics. Regulatory Guide 5.88 updates and combines in one document guidance previously provided by RG 5.13, ``Conduct of Nuclear Material Physical Inventories,'' published in November 1973; and RG 5.33, ``Statistical Evaluation of Material Unaccounted For,'' published in June 1974. Due to several rulemakings that occurred from 1985 to 2002 which significantly amended the MC&A requirements, the above regulatory guides became outdated as they no longer cite the correct sections of the regulations. Accordingly, RG 5.13 and RG 5.33 are being withdrawn concurrent with the issuance of RG 5.88, which provides the correct citations to the 10 CFR part 74 regulations. The NRC's guidance on the MC&A requirements pertaining to the performance, evaluation, and reporting of physical inventories and material balances at fuel cycle facilities is also provided in the following NUREGs that were issued in conjunction with the 1985-2002 MC&A rulemakings: NUREG-1280, ``Standard Format and Content Acceptance Criteria for the Material Control and Accounting (MC&A) Reform Amendment,'' applicable to facilities using formula quantities of strategic special nuclear material (SNM). NUREG-1065, ``Acceptable Standard Format and Content for the Fundamental Nuclear Material Control (FNMC) Plan Required for Low- Enriched Uranium Facilities,'' applicable to fuel fabrication facilities using low-enriched uranium. NUREG/CR-5734, ``Recommendations to the NRC on Acceptable Standard Format and Content for the Fundamental Nuclear Material Control (FNMC) Plan Required for Low-Enriched Uranium Enrichment Facilities,'' applicable to uranium enrichment plants. The RG 5.88 incorporates guidance from these NUREGs that relates to physical inventories and material balances for strategic SNM. In addition to providing guidance on these topics, the NUREGs listed above cover other MC&A requirements as well. Accordingly, these NUREGs are not being withdrawn. II. Additional Information The NRC published a notice of the availability of DG-5056 in the Federal Register on February 24, 2017 (82 FR 11661) for a 60-day public comment period. The public comment period closed on April 25, 2017. There were no public comments received on DG-5056. 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 5.88 in final form would not constitute backfitting as defined in 10 CFR 70.76. As discussed in the ``Implementation'' section of RG 5.88, the NRC has no current intention to impose this guidance on holders of part 70 licenses. Additionally, RG 5.88 incorporates relevant guidance from NUREG-1280, NUREG-1065, and NUREG/ CR-5734 without making substantive changes to that guidance. Accordingly, the issuance of RG 5.88 does not constitute a ``new'' or ``different'' staff position within the definition of ``backfitting'' in 10 CFR 70.76. Dated at Rockville, Maryland, this 20th 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. 2017-20694 Filed 9-26-17; 8:45 am] BILLING CODE 7590-01-P
![45074 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Notices
Production and Utilization Facilities.’’ SUPPLEMENTARY INFORMATION: Use of Consensus Standards’’ (ADAMS
This RG provides licensees and Accession No. ML16193A497), and is in
I. Introduction
applicants with a method the NRC staff accordance with Public Law 104–113,
considers acceptable for use in The NRC is issuing a revision to an ‘‘National Technology Transfer and
complying with the regulations on the existing guide in the NRC’s ‘‘Regulatory Advancement Act of 1995.’’
content of emergency plans for research Guide’’ series. This series was Copies of ANSI/ANS–15.16–2015 may
and test reactors and other non-power developed to describe and make be purchased from the ANS Web site
production and utilization facilities. available to the public information (http://www.new.ans.org/store/); or by
DATES: Revision 2 of RG 2.6 is available
regarding methods that are acceptable to writing to: American Nuclear Society,
on September 27, 2017. the NRC staff for implementing specific 555 North Kensington Avenue, La
parts of the agency’s regulations, Grange Park, Illinois 60526, U.S.A.,
ADDRESSES: Please refer to Docket ID
techniques that the NRC staff uses in telephone: 1–800–323–3044.
NRC–2017–0056 when contacting the evaluating specific issues or postulated
NRC about the availability of events, and data that the NRC staff III. Congressional Review Act
information regarding this document. needs in its review of applications for This regulatory guide is a rule as
You may obtain publicly-available permits and licenses. defined in the Congressional Review
information related to this document Revision 2 of RG 2.6 was issued with Act (5 U.S.C. 801–808). However, the
using any of the following methods: a temporary designation of Draft Office of Management and Budget has
• Federal Rulemaking Web site: Go to Regulatory Guide, DG–2004. The not found it to be a major rule as
http://www.regulations.gov and search purpose of issuing this RG is to provide defined in the Congressional Review
for Docket ID NRC–2017–0056. Address licensees and applicants with a method Act.
questions about NRC dockets to Carol that the staff of the NRC considers
Gallagher; telephone: 301–415–3463; acceptable for use in complying with IV. Backfitting
email: Carol.Gallagher@nrc.gov. For the regulations on the content of The regulatory positions in this
technical questions, contact the emergency plans for research and test guidance document demonstrate the
individuals listed in the FOR FURTHER reactors and other non-power method that the NRC staff finds
INFORMATION CONTACT section of this production and utilization facilities acceptable for an applicant or holder of
document. licensed under part 50 of title 10 of the a license under 10 CFR part 50 for a
• NRC’s Agencywide Documents Code of Federal Regulations (10 CFR), research and test reactor and other non-
Access and Management System ‘‘Domestic Licensing of Production and power production or utilization facility
(ADAMS): You may obtain publicly Utilization Facilities.’’ to meet the requirements of the
available documents online in the underlying NRC regulations. The
ADAMS Public Documents collection at II. Additional Information
issuance of this RG is not backfitting, as
http://www.nrc.gov/reading-rm/ The NRC published a notice of the that term is defined in 10 CFR 50.109,
adams.html. To begin the search, select availability of DG–2004 in the Federal ‘‘Backfitting,’’ because non-power
‘‘ADAMS Public Documents’’ and then Register on February 24, 2017, (82 FR facilities licensed under 10 CFR part 50
select ‘‘Begin Web-based ADAMS 11660) for a 60-day public comment are not included within the scope of
Search.’’ For problems with ADAMS, period. The public comment period entities protected by 10 CFR 50.109.
please contact the NRC’s Public closed on April 25, 2017. The NRC
Document Room (PDR) reference staff at Dated at Rockville, Maryland, this 21st day
received one public comment on DG– of September 2017.
1–800–397–4209, 301–415–4737, or by 2004. That comment and the NRC’s
email to pdr.resource@nrc.gov. The For the Nuclear Regulatory Commission.
response to it are available in ADAMS
ADAMS accession number for each Thomas H. Boyce,
under Accession No. ML17137A099.
document referenced (if it is available in Revision 2 of RG 2.6 addresses new Chief, Regulatory Guidance and Generic
ADAMS) is provided the first time that Issues Branch, Division of Engineering, Office
issues identified since the guide was of Nuclear Regulatory Research.
a document is referenced. Revision 2 of last revised in March 1983. This
RG 2.6 and the regulatory analysis may [FR Doc. 2017–20693 Filed 9–26–17; 8:45 am]
revision endorses the latest version of a
be found in ADAMS under Accession BILLING CODE 7590–01–P
consensus standard developed by the
numbers ML17263A472 and American National Standards Institute
ML16035A477 respectively. (ANSI) and American Nuclear Society
• NRC’s PDR: You may examine and NUCLEAR REGULATORY
(ANS), ANSI/ANS–15.16–2015, COMMISSION
purchase copies of public documents at ‘‘Emergency Planning for Research
the NRC’s PDR, Room O1–F21, One Reactors.’’ The NRC also expanded the [NRC–2017–0057]
White Flint North, 11555 Rockville scope of the guide to address non-power
Pike, Rockville, Maryland 20852. facilities under 10 CFR part 50, other Regulatory Guide: ‘‘Physical
Regulatory guides are not than research and test reactors. Other Inventories and Material Balances at
copyrighted, and the NRC’s approval is changes to RG 2.6 include editorial Fuel Cycle Facilities’’
not required to reproduce them. changes and the current program AGENCY: Nuclear Regulatory
FOR FURTHER INFORMATION CONTACT: guidance for RGs. Commission.
Geoffrey Wertz, Office of Nuclear Revising this regulatory guide to ACTION: Regulatory guide; issuance.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Reactor Regulation, telephone: 301– adopt, in whole or in part, a consensus
415–0893, email: Geoffery.Wertz@ standard is consistent with the NRC SUMMARY: The U.S. Nuclear Regulatory
nrc.gov; or Stanley Gardocki, Office of policy of evaluating the latest versions Commission (NRC) is issuing Revision 0
Nuclear Regulatory Research, telephone: of national consensus standards to of Regulatory Guide (RG) 5.88,
301–415–1067, email: determine their suitability for ‘‘Physical Inventories and Material
Stanley.Gardocki@nrc.gov. Both are staff endorsement by regulatory guides. This Balances at Fuel Cycle Facilities.’’ This
of the U.S. Nuclear Regulatory approach also complies with the NRC’s regulatory guide (RG) describes
Commission, Washington, DC 20555– Management Directive 6.5, ‘‘NRC approaches and methods that the staff
0001. Participation in the Development and considers acceptable for licensees and
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![Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Notices 45075
applicants to use when developing I. Discussion (FNMC) Plan Required for Low-
material control and accounting (MC&A) The NRC is issuing a new guide in the Enriched Uranium Facilities,’’
system capabilities. This RG pertains to NRC’s ‘‘Regulatory Guide’’ series. This applicable to fuel fabrication facilities
the performance, evaluation, and series was developed to describe and using low-enriched uranium.
reporting of physical inventories and make available to the public information • NUREG/CR–5734,
material balances at fuel cycle facilities. regarding methods that are acceptable to ‘‘Recommendations to the NRC on
DATES:Revision 0 to RG 5.88 is available the NRC staff for implementing specific Acceptable Standard Format and
on September 27, 2017. parts of the agency’s regulations, Content for the Fundamental Nuclear
techniques that the NRC staff uses in Material Control (FNMC) Plan Required
ADDRESSES: Please refer to Docket ID evaluating specific issues or postulated for Low-Enriched Uranium Enrichment
NRC–2017–0057 when contacting the events, and data that the NRC staff Facilities,’’ applicable to uranium
NRC about the availability of needs in its review of applications for enrichment plants.
information regarding this document. permits and licenses.
You may obtain publicly-available The RG 5.88 incorporates guidance
Revision 0 of RG 5.88 was issued with
information related to this document from these NUREGs that relates to
a temporary identification of draft
using any of the following methods: physical inventories and material
Regulatory Guide, DG–5056. The new
balances for strategic SNM. In addition
• Federal Rulemaking Web site: Go to RG provides updated guidance for
to providing guidance on these topics,
http://www.regulations.gov and search uranium enrichment facilities as well as
other type of facilities by incorporating the NUREGs listed above cover other
for Docket ID NRC–2017–0057. Address
relevant guidance from three NUREGs MC&A requirements as well.
questions about NRC dockets to Carol
without making substantive changes to Accordingly, these NUREGs are not
Gallagher; telephone: 301–415–3463;
that guidance. being withdrawn.
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the The RG is titled ‘‘Physical Inventories II. Additional Information
individuals listed in the FOR FURTHER and Material Balances at Fuel Cycle
INFORMATION CONTACT section of this Facilities,’’ provides guidance for The NRC published a notice of the
document. meeting the nuclear material control availability of DG–5056 in the Federal
and accounting (MC&A) requirements in Register on February 24, 2017 (82 FR
• NRC’s Agencywide Documents
part 74 of title 10 of the Code of Federal 11661) for a 60-day public comment
Access and Management System
Regulations (10 CFR), ‘‘Material Control period. The public comment period
(ADAMS): You may obtain publicly-
and Accounting of Special Nuclear closed on April 25, 2017. There were no
available documents online in the
Material,’’ that cover these topics. public comments received on DG–5056.
ADAMS Public Document collection at Regulatory Guide 5.88 updates and
http://www.nrc.gov/reading-rm/ combines in one document guidance III. Congressional Review Act
adams.html. To begin the search, select previously provided by RG 5.13,
‘‘ADAMS Public Documents’’ and then This RG is a rule as defined in the
‘‘Conduct of Nuclear Material Physical Congressional Review Act (5 U.S.C.
select ‘‘Begin Web-based ADAMS Inventories,’’ published in November
Search.’’ For problems with ADAMS, 801–808). However, the Office of
1973; and RG 5.33, ‘‘Statistical Management and Budget has not found
please contact the NRC’s Public Evaluation of Material Unaccounted
Document Room (PDR) reference staff at it to be a major rule as defined in the
For,’’ published in June 1974.
1–800–397–4209, 301–415–4737, or by Congressional Review Act.
Due to several rulemakings that
email to pdr.resource@nrc.gov. The occurred from 1985 to 2002 which IV. Backfitting and Issue Finality
ADAMS accession number for each significantly amended the MC&A
document referenced (if it is available in requirements, the above regulatory Issuance of RG 5.88 in final form
ADAMS) is provided the first time that guides became outdated as they no would not constitute backfitting as
it is mentioned in this document. longer cite the correct sections of the defined in 10 CFR 70.76. As discussed
Regulatory Guide 5.88 is available in regulations. Accordingly, RG 5.13 and in the ‘‘Implementation’’ section of RG
ADAMS under Accession No. RG 5.33 are being withdrawn concurrent 5.88, the NRC has no current intention
ML17167A292. The regulatory analysis with the issuance of RG 5.88, which to impose this guidance on holders of
supporting Revision 1 is available in provides the correct citations to the 10 part 70 licenses. Additionally, RG 5.88
ADAMS under Accession No. CFR part 74 regulations. incorporates relevant guidance from
ML15268A457. The NRC’s guidance on the MC&A NUREG–1280, NUREG–1065, and
• NRC’s PDR: You may examine and requirements pertaining to the NUREG/CR–5734 without making
purchase copies of public documents at performance, evaluation, and reporting substantive changes to that guidance.
the NRC’s PDR, Room O1–F21, One of physical inventories and material Accordingly, the issuance of RG 5.88
White Flint North, 11555 Rockville balances at fuel cycle facilities is also does not constitute a ‘‘new’’ or
Pike, Rockville, Maryland 20852. provided in the following NUREGs that ‘‘different’’ staff position within the
were issued in conjunction with the definition of ‘‘backfitting’’ in 10 CFR
FOR FURTHER INFORMATION CONTACT:
1985–2002 MC&A rulemakings: 70.76.
Glenn Tuttle, Office of Nuclear Material
• NUREG–1280, ‘‘Standard Format Dated at Rockville, Maryland, this 20th day
Safety and Safeguards, 301–415–7230,
asabaliauskas on DSKBBXCHB2PROD with NOTICES
and Content Acceptance Criteria for the of September, 2017.
email: Glenn.Tuttle@nrc.gov; or
Material Control and Accounting
Mekonen Bayssie, Office of Nuclear For the Nuclear Regulatory Commission.
(MC&A) Reform Amendment,’’
Regulatory Research, 301–415–1699, Thomas H. Boyce,
applicable to facilities using formula
email: Mekonen.Bayssie@nrc.gov. Both Chief, Regulatory Guidance and Generic
quantities of strategic special nuclear
are staff members of the U.S. Nuclear Issues Branch, Division of Engineering, Office
material (SNM).
Regulatory Commission, Washington,
• NUREG–1065, ‘‘Acceptable of Nuclear Regulatory Research.
DC 20555–0001. [FR Doc. 2017–20694 Filed 9–26–17; 8:45 am]
Standard Format and Content for the
SUPPLEMENTARY INFORMATION: Fundamental Nuclear Material Control BILLING CODE 7590–01–P
VerDate Sep<11>2014 18:59 Sep 26, 2017 Jkt 241001 PO 00000 Frm 00090 Fmt 4703 Sfmt 4703 E:\FR\FM\27SEN1.SGM 27SEN1](https://thefederalregister.org/doc/82_FR_45260/page/2.svg)
Document Created: 2018-10-24 14:47:21
Document Modified: 2018-10-24 14:47:21
| 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 5.88 is available on September 27, 2017. | |
| Contact | Glenn Tuttle, Office of Nuclear Material Safety and Safeguards, 301-415-7230, email: [email protected]; or Mekonen Bayssie, Office of Nuclear Regulatory Research, 301-415-1699, email: [email protected] Both are staff members of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. | |
| FR Citation | 82 FR 45074 |
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