82_FR_48929 82 FR 48728 - Quality Assurance Program Criteria (Design and Construction)

82 FR 48728 - Quality Assurance Program Criteria (Design and Construction)

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 82, Issue 201 (October 19, 2017)

Page Range48728-48729
FR Document2017-22670

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 5 to Regulatory Guide (RG) 1.28, ``Quality Assurance Program Criteria (Design and Construction).'' This regulatory guide (RG 1.28) updates the guidance to endorse, with clarification or exceptions, multiple revisions of the American Society of Mechanical Engineers standard NQA-1 titled ``Quality Assurance Requirements for Nuclear Facility Applications.'' The proposed revision describes methods that the NRC considers acceptable for establishing and implementing a quality assurance (QA) program for the design and construction of nuclear power plants and fuel reprocessing plants.

Federal Register, Volume 82 Issue 201 (Thursday, October 19, 2017)
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Pages 48728-48729]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22670]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0079]


Quality Assurance Program Criteria (Design and Construction)

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 5 to Regulatory Guide (RG) 1.28, ``Quality Assurance Program 
Criteria (Design and Construction).'' This regulatory guide (RG 1.28) 
updates the guidance to endorse, with clarification or exceptions, 
multiple revisions of the American Society of Mechanical Engineers 
standard NQA-1 titled ``Quality Assurance Requirements for Nuclear 
Facility Applications.'' The proposed revision describes methods that 
the NRC considers acceptable for establishing and implementing a 
quality assurance (QA) program for the design and construction of 
nuclear power plants and fuel reprocessing plants.

DATES: Revision 5 to RG 1.28 is available on October 19, 2017.

ADDRESSES: Please refer to Docket ID NRC-2017-0079 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-2017-0079. 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

[[Page 48729]]

Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or 
by email to [email protected]. The ADAMS accession number for each 
document referenced (if it is available in ADAMS) is provided the first 
time that it is mentioned in this document. The RG is available in 
ADAMS under Accession No. ML17207A293.
     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 NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Ashley Ferguson, Office of New 
Reactors, telephone: 301-415-6638, email: [email protected], and 
Stephen Burton, Office of Nuclear Regulatory Research, telephone: 301-
415-7000, 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 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 5 of RG 1.28 was issued with a temporary identification of 
Draft Regulatory Guide, DG-1326. This revision of the guide (Revision 
5) updates the guidance to endorse, with clarification or exceptions, 
multiple revisions of the American Society of Mechanical Engineers 
standard NQA-1 titled ``Quality Assurance Requirements for Nuclear 
Facility Applications.''

II. Additional Information

    The NRC published a notice of the availability of DG-1326 in the 
Federal Register on March 27, 2017 (82 FR 15242), for a 60-day public 
comment period. The public comment period closed on May 26, 2017. 
Public comments on DG-1326 and the staff responses to the public 
comments are available in ADAMS under Accession No. ML17207A289.

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

    This RG 1.28 describes methods that the NRC considers acceptable 
for establishing and implementing a QA program for the design and 
construction of nuclear power plants and fuel reprocessing plants. 
Issuance of this RG does not constitute backfitting as defined in Sec.  
50.109 of title 10 of the Code of Federal Regulations (10 CFR), (the 
Backfit Rule) and is not otherwise inconsistent with the issue finality 
provisions in part 52. As discussed in the ``Implementation'' section 
of this RG, the NRC has no current intention to impose this guidance on 
holders of current operating licenses or combined licenses.
    This RG may be applied to applications for operating licenses, 
combined licenses, early site permits, and certified design rules 
docketed by the NRC as of the date of issuance of this RG, as well as 
future applications submitted after the issuance of the regulatory 
guide. Such action would not constitute backfitting as defined in the 
Backfit Rule or be otherwise inconsistent with the applicable issue 
finality provision in part 52, inasmuch as such applicants or potential 
applicants are not within the scope of entities protected by the 
Backfit Rule or the relevant issue finality provisions in part 52.

    Dated at Rockville, Maryland, this 13th day of October, 2017.

    For the Nuclear Regulatory Commission.
Edward O'Donnell,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2017-22670 Filed 10-18-17; 8:45 am]
 BILLING CODE 7590-01-P



                                               48728                       Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Notices

                                               while allowing flexibility in disposal                  disposal of VLLW by finalizing the draft                For the Nuclear Regulatory Commission.
                                               options.                                                guidance document. Per the                            Andrea Kock,
                                                 One high priority task (Task 2) in the                Programmatic Assessment, this final                   Deputy Director, Division of
                                               Strategic Assessment was to address the                 draft would be published for public                   Decommissioning, Uranium Recovery, and
                                               challenge of alternative disposal of Very               comment, then issued as a final                       Waste Programs, Office of Nuclear Material
                                               Low-Level Waste (VLLW), in                              document.                                             Safety and Safeguards.
                                               accordance with § 20.2002 of title 10 of                                                                      [FR Doc. 2017–22694 Filed 10–18–17; 8:45 am]
                                                                                                          Accordingly, the purpose of this draft
                                               the Code of Federal Regulations (10                                                                           BILLING CODE 7590–01–P
                                                                                                       revision to the guidance is to improve
                                               CFR), in non-traditional LLRW facilities
                                               such as Resource Conservation and                       the alternative disposal process by
                                               Recovery Act facilities, as well as the                 providing more clarity, consistency, and              NUCLEAR REGULATORY
                                               regulatory review and approval needed                   transparency to the process. In addition,             COMMISSION
                                               for such disposal. In response to                       this draft revision to the guidance also
                                                                                                       clarifies the meaning of disposal relative            [NRC–2017–0079]
                                               stakeholder input regarding the 2007
                                               assessment, the NRC determined that                     to 10 CFR 20.2002 authorizations to
                                                                                                                                                             Quality Assurance Program Criteria
                                               the process for authorizing these                       include recycling and reuse of materials.
                                                                                                                                                             (Design and Construction)
                                               disposals needed more consistency and                   The draft revision to the guidance is
                                               clarity. The NRC committed to                           available for public comment as                       AGENCY:  Nuclear Regulatory
                                               addressing these concerns through the                   ADAMS Accession No. ML16326A063.                      Commission.
                                               development of new regulatory                           The NRC is interested in receiving                    ACTION: Regulatory guide; issuance.
                                               guidance.                                               comments related to the draft revision to
                                                                                                       the guidance from stakeholders,                       SUMMARY:   The U.S. Nuclear Regulatory
                                                  On August 31, 2009, the NRC issued
                                                                                                       including professional organizations,                 Commission (NRC) is issuing Revision 5
                                               interim staff procedure, ‘‘Review,
                                                                                                       licensees, Agreement States, and                      to Regulatory Guide (RG) 1.28, ‘‘Quality
                                               Approval, and Documentation of Low-
                                                                                                       members of the public. Comments will                  Assurance Program Criteria (Design and
                                               Activity Waste Disposals in Accordance
                                                                                                       be considered to determine if additional              Construction).’’ This regulatory guide
                                               with 10 CFR 20.2002 and 10 CFR
                                                                                                       changes to the draft revision to the                  (RG 1.28) updates the guidance to
                                               40.13(a)’’ (ADAMS Accession No.
                                                                                                                                                             endorse, with clarification or
                                               ML092460058). Prior to its issuance,                    guidance and the alternative disposal
                                                                                                                                                             exceptions, multiple revisions of the
                                               there had been no single procedure                      request process are needed.
                                               covering safety and security reviews, the                                                                     American Society of Mechanical
                                                                                                          During the comment period, the NRC                 Engineers standard NQA–1 titled
                                               preparation of an environmental                         will conduct a public meeting at the
                                               assessment, and coordination with                                                                             ‘‘Quality Assurance Requirements for
                                                                                                       NRC’s Headquarters that will explain                  Nuclear Facility Applications.’’ The
                                               internal and external stakeholders for                  the draft revision to the guidance and
                                               alternative disposal requests.                                                                                proposed revision describes methods
                                                                                                       address questions. Information                        that the NRC considers acceptable for
                                               Accordingly, this document was                          regarding the public meeting will be
                                               developed and issued to provide                                                                               establishing and implementing a quality
                                                                                                       posted on the NRC’s public meeting                    assurance (QA) program for the design
                                               consistency and guidance for NRC
                                                                                                       Web site at least 10 calendar days before             and construction of nuclear power
                                               staff’s review of alternative disposal
                                                                                                       the meeting. The NRC’s public meeting                 plants and fuel reprocessing plants.
                                               requests received from licensees,
                                                                                                       Web site is located at https://                       DATES: Revision 5 to RG 1.28 is available
                                               applicants, and other entities for
                                                                                                       www.nrc.gov/public-involve.html.                      on October 19, 2017.
                                               alternative disposal of licensed material.
                                               In addition, the NRC determined that                       The NRC will also post the meeting                 ADDRESSES: Please refer to Docket ID
                                               this guidance would be finalized after it               notice on the Federal rulemaking Web                  NRC–2017–0079 when contacting the
                                               had been implemented and used for                       site at http://www.regulations.gov under              NRC about the availability of
                                               more alternative disposal requests.                     Docket ID NRC–2017–0198. The NRC                      information regarding this document.
                                                  In order to set the direction for the                may post additional materials related to              You may obtain publicly-available
                                               NRC’s LLRW regulatory program in the                    this document, including public                       information related to this document
                                               next several years, including the                       comments, on the Federal rulemaking                   using any of the following methods:
                                               alternative disposal request review                     Web site. The Federal rulemaking Web                     • Federal Rulemaking Web site: Go to
                                               process, the NRC decided to conduct a                   site allows you to receive alerts when                http://www.regulations.gov and search
                                               new evaluation of the NRC’s LLRW                        changes or additions occur in a docket                for Docket ID NRC–2017–0079. Address
                                               program (referred to as a Programmatic                  folder. To subscribe: (1) Navigate to the             questions about NRC dockets to Carol
                                               Assessment). The results of this                        docket folder (NRC–2017–0198); (2)                    Gallagher; telephone: 301–415–3463;
                                               assessment were published in October                    click the ‘‘Sign up for Email Alerts’’                email: Carol.Gallagher@nrc.gov. For
                                               2016, in SECY–16–0118, ‘‘Programmatic                   link; and (3) enter your email address                technical questions, contact the
                                               Assessment of Low-Level Radioactive                     and select how frequently you would                   individuals listed in the FOR FURTHER
                                               Waste Regulatory Program’’ (ADAMS                       like to receive emails (daily, weekly, or             INFORMATION CONTACT section of this
                                               Accession No. ML15243A192). The                         monthly).                                             document.
                                               objectives of the 2016 assessment were                                                                           • NRC’s Agencywide Documents
                                               similar to the objectives of the 2007                   III. Requested Information and                        Access and Management System
                                               Strategic Assessment. Both assessments                  Comments                                              (ADAMS): You may obtain publicly-
                                               also have considered future needs and                                                                         available documents online in the
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                                               changes that may occur in the nation’s                    The NRC staff will treat all public                 ADAMS Public Documents collection at
                                               commercial LLRW management system.                      feedback as public comments on the                    http://www.nrc.gov/reading-rm/
                                               One of the high priority tasks (Task 5)                 draft revision to the guidance and                    adams.html. To begin the search, select
                                               included within Enclosure 1 (ADAMS                      consider them as it finalizes the revision            ‘‘ADAMS Public Documents’’ and then
                                               Accession No. ML15243A205) of the                       to the guidance.                                      select ‘‘Begin Web-based ADAMS
                                               Programmatic Assessment was to                            Dated at Rockville, Maryland, this 16th day         Search.’’ For problems with ADAMS,
                                               address the challenge of alternative                    of October 2017.                                      please contact the NRC’s Public


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                                                                           Federal Register / Vol. 82, No. 201 / Thursday, October 19, 2017 / Notices                                         48729

                                               Document Room (PDR) reference staff at                  801–808). However, the Office of                      whether the information has practical
                                               1–800–397–4209, 301–415–4737, or by                     Management and Budget has not found                   utility; (b) the accuracy of the RRB’s
                                               email to pdr.resource@nrc.gov. The                      it to be a major rule as defined in the               estimate of the burden of the collection
                                               ADAMS accession number for each                         Congressional Review Act.                             of the information; (c) ways to enhance
                                               document referenced (if it is available in                                                                    the quality, utility, and clarity of the
                                                                                                       IV. Backfitting and Issue Finality
                                               ADAMS) is provided the first time that                                                                        information to be collected; and (d)
                                               it is mentioned in this document. The                      This RG 1.28 describes methods that                ways to minimize the burden related to
                                               RG is available in ADAMS under                          the NRC considers acceptable for                      the collection of information on
                                               Accession No. ML17207A293.                              establishing and implementing a QA                    respondents, including the use of
                                                  • NRC’s PDR: You may examine and                     program for the design and construction               automated collection techniques or
                                               purchase copies of public documents at                  of nuclear power plants and fuel                      other forms of information technology.
                                               the NRC’s PDR, Room O1–F21, One                         reprocessing plants. Issuance of this RG                1. Title and purpose of information
                                               White Flint North, 11555 Rockville                      does not constitute backfitting as                    collection: RUIA Claims Notification
                                               Pike, Rockville, Maryland 20852.                        defined in § 50.109 of title 10 of the                and Verification System; OMB 3220–
                                                  Regulatory guides are not                            Code of Federal Regulations (10 CFR),                 0171. Section 5(b) of the Railroad
                                               copyrighted, and NRC approval is not                    (the Backfit Rule) and is not otherwise               Unemployment Insurance Act (RUIA),
                                               required to reproduce them.                             inconsistent with the issue finality                  requires that effective January 1, 1990,
                                               FOR FURTHER INFORMATION CONTACT:                        provisions in part 52. As discussed in                when a claim for benefits is filed with
                                               Ashley Ferguson, Office of New                          the ‘‘Implementation’’ section of this                the Railroad Retirement Board (RRB),
                                               Reactors, telephone: 301–415–6638,                      RG, the NRC has no current intention to               the RRB shall provide notice of the
                                               email: Ashley.Ferguson@nrc.gov, and                     impose this guidance on holders of                    claim to the claimant’s base year
                                               Stephen Burton, Office of Nuclear                       current operating licenses or combined                employer(s) to provide them an
                                               Regulatory Research, telephone: 301–                    licenses.                                             opportunity to submit information
                                               415–7000, email: Stephen.Burton@                           This RG may be applied to                          relevant to the claim before making an
                                               nrc.gov. Both are staff of the U.S.                     applications for operating licenses,                  initial determination. If the RRB
                                               Nuclear Regulatory Commission,                          combined licenses, early site permits,                determines to pay benefits to the
                                               Washington, DC 20555–0001.                              and certified design rules docketed by                claimant under the RUIA, the RRB shall
                                               SUPPLEMENTARY INFORMATION:                              the NRC as of the date of issuance of                 notify the base-year employer(s).
                                                                                                       this RG, as well as future applications
                                               I. Discussion                                                                                                   The purpose of the RUIA Claims
                                                                                                       submitted after the issuance of the
                                                                                                                                                             Notification and Verification System is
                                                  The NRC is issuing a revision to an                  regulatory guide. Such action would not
                                                                                                                                                             to provide two notices, pre-payment
                                               existing guide in the NRC’s ‘‘Regulatory                constitute backfitting as defined in the
                                                                                                                                                             Form ID–4K, Prepayment Notice of
                                               Guide’’ series. This series was                         Backfit Rule or be otherwise
                                                                                                                                                             Employees’ Applications and Claims for
                                               developed to describe and make                          inconsistent with the applicable issue
                                                                                                                                                             Benefits Under the Railroad
                                               available to the public information                     finality provision in part 52, inasmuch
                                                                                                                                                             Unemployment Insurance Act, and post-
                                               regarding methods that are acceptable to                as such applicants or potential
                                                                                                                                                             payment Form ID–4E, Notice of RUIA
                                               the NRC staff for implementing specific                 applicants are not within the scope of
                                                                                                                                                             Claim Determination. Prepayment Form
                                               parts of the agency’s regulations,                      entities protected by the Backfit Rule or
                                                                                                                                                             ID–4K provides notice to a claimant’s
                                               techniques that the NRC staff uses in                   the relevant issue finality provisions in
                                                                                                                                                             base-year employer(s), of each
                                               evaluating specific issues or postulated                part 52.
                                                                                                                                                             unemployment application and
                                               events, and data that the NRC staff                       Dated at Rockville, Maryland, this 13th day         unemployment and sickness claim filed
                                               needs in its review of applications for                 of October, 2017.                                     for benefits under the RUIA and
                                               permits and licenses.                                     For the Nuclear Regulatory Commission.              provides the employer an opportunity to
                                                  Revision 5 of RG 1.28 was issued with                Edward O’Donnell,                                     convey information relevant to the
                                               a temporary identification of Draft                     Acting Chief, Regulatory Guidance and                 proper adjudication of the claim.
                                               Regulatory Guide, DG–1326. This                         Generic Issues Branch, Division of                      The railroad employer can elect to
                                               revision of the guide (Revision 5)                      Engineering, Office of Nuclear Regulatory             receive Form ID–4K by one of three
                                               updates the guidance to endorse, with                   Research.
                                                                                                                                                             options: A computer-generated paper
                                               clarification or exceptions, multiple                   [FR Doc. 2017–22670 Filed 10–18–17; 8:45 am]          notice, by Electronic Data Interchange
                                               revisions of the American Society of                    BILLING CODE 7590–01–P                                (EDI), or online via the RRB’s Employer
                                               Mechanical Engineers standard NQA–1
                                                                                                                                                             Reporting System (ERS). The railroad
                                               titled ‘‘Quality Assurance Requirements
                                                                                                                                                             employer can respond to the ID–4K
                                               for Nuclear Facility Applications.’’                    RAILROAD RETIREMENT BOARD                             notice by telephone, manually by
                                               II. Additional Information                                                                                    mailing a completed ID–4K back to the
                                                                                                       Proposed Collection; Comment                          RRB, or electronically via EDI or ERS.
                                                  The NRC published a notice of the                    Request
                                               availability of DG–1326 in the Federal                                                                        Completion is voluntary. The RRB
                                               Register on March 27, 2017 (82 FR                         Summary: In accordance with the                     proposes to replace using EDI with the
                                               15242), for a 60-day public comment                     requirement of Section 3506 (c)(2)(A) of              use of secure File Transfer Protocol
                                               period. The public comment period                       the Paperwork Reduction Act of 1995                   (FTP), which is the standard network
                                               closed on May 26, 2017. Public                          which provides opportunity for public                 protocol used for transferring files
                                               comments on DG–1326 and the staff                       comment on new or revised data                        between a railroad employer and the
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                                               responses to the public comments are                    collections, the Railroad Retirement                  RRB. The RRB proposes no changes to
                                               available in ADAMS under Accession                      Board (RRB) will publish periodic                     the other versions of the ID–4K.
                                               No. ML17207A289.                                        summaries of proposed data collections.                 Once the RRB determines to pay a
                                                                                                         Comments are invited on: (a) Whether                claim post-payment Form Letter ID–4E,
                                               III. Congressional Review Act                           the proposed information collection is                Notice of RUIA Claim Determination, is
                                                  This RG is a rule as defined in the                  necessary for the proper performance of               used to notify the base-year employer(s).
                                               Congressional Review Act (5 U.S.C.                      the functions of the agency, including                This gives the employer a second


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Document Created: 2017-10-19 02:56:57
Document Modified: 2017-10-19 02:56:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionRegulatory guide; issuance.
DatesRevision 5 to RG 1.28 is available on October 19, 2017.
ContactAshley Ferguson, Office of New Reactors, telephone: 301-415-6638, email: [email protected], and Stephen Burton, Office of Nuclear Regulatory Research, telephone: 301- 415-7000, email: [email protected] Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation82 FR 48728 

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