83_FR_50148 83 FR 49956 - Nuclear Criticality Safety Standards for Nuclear Materials Outside Reactor Cores

83 FR 49956 - Nuclear Criticality Safety Standards for Nuclear Materials Outside Reactor Cores

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 192 (October 3, 2018)

Page Range49956-49956
FR Document2018-21534

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 3 to Regulatory Guide (RG) 3.71, ``Nuclear Criticality Safety Standards for Nuclear Materials Outside Reactor Cores.'' Revision 3 endorses guidance in multiple American National Standards Institute/ American Nuclear Society (ANSI/ANS)-8 standards, as well as a specific International Organization for Standardization (ISO) Standard. In addition, the scope of this guide is expanded to include packaging and transportation and certain storage facilities because many of the standards are based on broad principles that are not limited solely to fuel processing facilities.

Federal Register, Volume 83 Issue 192 (Wednesday, October 3, 2018)
[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Page 49956]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21534]


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NUCLEAR REGULATORY COMMISSION

[NRC-2017-0183]


Nuclear Criticality Safety Standards for Nuclear Materials 
Outside Reactor Cores

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 3 to Regulatory Guide (RG) 3.71, ``Nuclear Criticality Safety 
Standards for Nuclear Materials Outside Reactor Cores.'' Revision 3 
endorses guidance in multiple American National Standards Institute/
American Nuclear Society (ANSI/ANS)-8 standards, as well as a specific 
International Organization for Standardization (ISO) Standard. In 
addition, the scope of this guide is expanded to include packaging and 
transportation and certain storage facilities because many of the 
standards are based on broad principles that are not limited solely to 
fuel processing facilities.

DATES: Revision 3 to RG 3.71 is available on October 3, 2018.

ADDRESSES: Please refer to Docket ID NRC-2017-0183 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0183. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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 ``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. Revision 3 to RG 3.71 and 
the regulatory analysis may be found in ADAMS under Accession Nos. 
ML18169A258 and ML17055B588, 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 NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Christopher Tripp, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-8741, email: 
[email protected], and Harriet Karagiannis, telephone: 301-415-
2493, email: [email protected], Office of Nuclear Regulatory 
Research. Both are staff members 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 3 to 
RG 3.71 describes procedures for preventing nuclear criticality 
accidents in operations that involve handling, processing, storing, or 
transporting special nuclear materials (or a combination of these 
activities).
    Revision 3 was issued with a temporary identification of Draft 
Regulatory Guide, (DG)-3053, ``Nuclear Criticality Safety Standards for 
Nuclear Materials outside Reactor Cores,'' (ADAMS Accession No. 
ML17055B591).
    This revision endorses the most recent American National Standards 
Institute (ANSI)-approved versions of American Nuclear Society (ANS) 
Subcommittee-8 (ANSI/ANS-8) standards, as well as ISO Standard 
7753:1987, ``Nuclear Energy--Performance and Testing Requirements for 
Criticality Detection and Alarm Systems.'' In addition, the scope of 
this guide is expanded beyond 10 CFR part 70 fuel facilities to include 
packaging and transportation under 10 CFR part 71 and storage 
facilities under 10 CFR part 72, because many of the standards are 
based on broad principles that are not limited solely to fuel 
processing facilities.

II. Additional Information

    The NRC published a notice of the availability of DG-3053 in the 
Federal Register on August 24, 2017 (82 FR 40173), for a 60-day public 
comment period. The public comment period closed on October 23, 2017. 
Public comments on DG-3053 and the staff responses to the public 
comments are available under ADAMS under Accession No. ML18169A253.

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 provides updates based on changes to ANSI/ANS standards, as 
well as endorsing an ISO standard, and expands the scope of the RG 
beyond 10 CFR part 70 to include 10 CFR part 71 and 10 CFR part 72 
licensees. Issuance of RG 3.71 would not constitute backfitting under 
10 CFR part 70 or 10 CFR part 72. As discussed in the 
``Implementation'' section of this RG, the NRC has no current intention 
to impose the RG on current holders of 10 CFR part 70 or 10 CFR part 72 
licenses. The RG could be applied to applications for licenses issued 
under 10 CFR part 70 or 10 CFR part 72 or amendments thereto. Such 
action would not constitute backfitting as defined in 10 CFR 70.76 or 
10 CFR 72.62, inasmuch as such applicants are not within the scope of 
entities protected by 10 CFR 70.76 or 10 CFR 72.62. Backfit and issue 
finality considerations do not apply to licensees and applicants under 
10 CFR part 71.

    Dated at Rockville, Maryland, this 27th day of September 2018.

    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. 2018-21534 Filed 10-2-18; 8:45 am]
 BILLING CODE 7590-01-P



                                               49956                      Federal Register / Vol. 83, No. 192 / Wednesday, October 3, 2018 / Notices

                                                 Dated: September 28, 2018.                            415–4737, or by email to pdr.resource@                70 fuel facilities to include packaging
                                               Mark L. Banks,                                          nrc.gov. The ADAMS accession number                   and transportation under 10 CFR part 71
                                               Chief, Technical Support Branch, Advisory               for each document referenced (if it is                and storage facilities under 10 CFR part
                                               Committee on Reactor Safeguards.                        available in ADAMS) is provided the                   72, because many of the standards are
                                               [FR Doc. 2018–21530 Filed 10–2–18; 8:45 am]             first time that it is mentioned in this               based on broad principles that are not
                                               BILLING CODE 7590–01–P                                  document. Revision 3 to RG 3.71 and                   limited solely to fuel processing
                                                                                                       the regulatory analysis may be found in               facilities.
                                                                                                       ADAMS under Accession Nos.
                                               NUCLEAR REGULATORY                                      ML18169A258 and ML17055B588,                          II. Additional Information
                                               COMMISSION                                              respectively.
                                                                                                          • NRC’s PDR: You may examine and                     The NRC published a notice of the
                                               [NRC–2017–0183]                                                                                               availability of DG–3053 in the Federal
                                                                                                       purchase copies of public documents at
                                                                                                       the NRC’s PDR, Room O1–F21, One                       Register on August 24, 2017 (82 FR
                                               Nuclear Criticality Safety Standards for                                                                      40173), for a 60-day public comment
                                               Nuclear Materials Outside Reactor                       White Flint North, 11555 Rockville
                                                                                                       Pike, Rockville, Maryland 20852.                      period. The public comment period
                                               Cores
                                                                                                          Regulatory guides are not                          closed on October 23, 2017. Public
                                               AGENCY:  Nuclear Regulatory                             copyrighted, and NRC approval is not                  comments on DG–3053 and the staff
                                               Commission.                                             required to reproduce them.                           responses to the public comments are
                                               ACTION: Regulatory guide; issuance.                     FOR FURTHER INFORMATION CONTACT:                      available under ADAMS under
                                                                                                       Christopher Tripp, Office of Nuclear                  Accession No. ML18169A253.
                                               SUMMARY:    The U.S. Nuclear Regulatory                 Material Safety and Safeguards,
                                               Commission (NRC) is issuing Revision 3                                                                        III. Congressional Review Act
                                                                                                       telephone: 301–415–8741, email:
                                               to Regulatory Guide (RG) 3.71, ‘‘Nuclear                Christopher.Tripp@nrc.gov, and Harriet                   This RG is a rule as defined in the
                                               Criticality Safety Standards for Nuclear                Karagiannis, telephone: 301–415–2493,                 Congressional Review Act (5 U.S.C.
                                               Materials Outside Reactor Cores.’’                      email: Harriet.Karagiannis@nrc.gov,
                                               Revision 3 endorses guidance in                                                                               801–808). However, the Office of
                                                                                                       Office of Nuclear Regulatory Research.                Management and Budget has not found
                                               multiple American National Standards                    Both are staff members of the U.S.
                                               Institute/American Nuclear Society                                                                            it to be a major rule as defined in the
                                                                                                       Nuclear Regulatory Commission,                        Congressional Review Act.
                                               (ANSI/ANS)–8 standards, as well as a                    Washington, DC 20555–0001.
                                               specific International Organization for                                                                       IV. Backfitting and Issue Finality
                                                                                                       SUPPLEMENTARY INFORMATION:
                                               Standardization (ISO) Standard. In
                                               addition, the scope of this guide is                    I. Discussion                                            This RG provides updates based on
                                               expanded to include packaging and                                                                             changes to ANSI/ANS standards, as well
                                                                                                         The NRC is issuing a revision to an
                                               transportation and certain storage                                                                            as endorsing an ISO standard, and
                                                                                                       existing guide in the NRC’s ‘‘Regulatory
                                               facilities because many of the standards                                                                      expands the scope of the RG beyond 10
                                                                                                       Guide’’ series. This series was
                                               are based on broad principles that are                                                                        CFR part 70 to include 10 CFR part 71
                                                                                                       developed to describe and make
                                               not limited solely to fuel processing                                                                         and 10 CFR part 72 licensees. Issuance
                                                                                                       available to the public information
                                               facilities.                                                                                                   of RG 3.71 would not constitute
                                                                                                       regarding methods that are acceptable to
                                               DATES:  Revision 3 to RG 3.71 is available              the NRC staff for implementing specific               backfitting under 10 CFR part 70 or 10
                                               on October 3, 2018.                                     parts of the agency’s regulations,                    CFR part 72. As discussed in the
                                               ADDRESSES: Please refer to Docket ID                    techniques that the NRC staff uses in                 ‘‘Implementation’’ section of this RG,
                                               NRC–2017–0183 when contacting the                       evaluating specific issues or postulated              the NRC has no current intention to
                                               NRC about the availability of                           events, and data that the NRC staff                   impose the RG on current holders of 10
                                               information regarding this document.                    needs in its review of applications for               CFR part 70 or 10 CFR part 72 licenses.
                                               You may obtain publicly-available                       permits and licenses. Revision 3 to RG                The RG could be applied to applications
                                               information related to this document                    3.71 describes procedures for preventing              for licenses issued under 10 CFR part 70
                                               using any of the following methods:                     nuclear criticality accidents in                      or 10 CFR part 72 or amendments
                                                  • Federal Rulemaking Website: Go to                  operations that involve handling,                     thereto. Such action would not
                                               http://www.regulations.gov and search                   processing, storing, or transporting                  constitute backfitting as defined in 10
                                               for Docket ID NRC–2017–0183. Address                    special nuclear materials (or a                       CFR 70.76 or 10 CFR 72.62, inasmuch
                                               questions about NRC dockets to Jennifer                 combination of these activities).                     as such applicants are not within the
                                               Borges; telephone: 301–287–9127;                          Revision 3 was issued with a                        scope of entities protected by 10 CFR
                                               email: Jennifer.Borges@nrc.gov. For                     temporary identification of Draft                     70.76 or 10 CFR 72.62. Backfit and issue
                                               technical questions, contact the                        Regulatory Guide, (DG)-3053, ‘‘Nuclear                finality considerations do not apply to
                                               individuals listed in the FOR FURTHER                   Criticality Safety Standards for Nuclear              licensees and applicants under 10 CFR
                                               INFORMATION CONTACT section of this                     Materials outside Reactor Cores,’’
                                                                                                                                                             part 71.
                                               document.                                               (ADAMS Accession No. ML17055B591).
                                                  • NRC’s Agencywide Documents                           This revision endorses the most                        Dated at Rockville, Maryland, this 27th day
                                               Access and Management System                            recent American National Standards                    of September 2018.
                                               (ADAMS): You may obtain publicly-                       Institute (ANSI)-approved versions of                    For the Nuclear Regulatory Commission.
                                               available documents online in the                       American Nuclear Society (ANS)                        Thomas H. Boyce,
daltland on DSKBBV9HB2PROD with NOTICES




                                               ADAMS Public Documents collection at                    Subcommittee-8 (ANSI/ANS–8)                           Chief, Regulatory Guidance and Generic
                                               http://www.nrc.gov/reading-rm/                          standards, as well as ISO Standard                    Issues Branch, Division of Engineering, Office
                                               adams.html. To begin the search, select                 7753:1987, ‘‘Nuclear Energy—                          of Nuclear Regulatory Research.
                                               ‘‘Begin Web-based ADAMS Search.’’ For                   Performance and Testing Requirements                  [FR Doc. 2018–21534 Filed 10–2–18; 8:45 am]
                                               problems with ADAMS, please contact                     for Criticality Detection and Alarm
                                                                                                                                                             BILLING CODE 7590–01–P
                                               the NRC’s Public Document Room (PDR)                    Systems.’’ In addition, the scope of this
                                               reference staff at 1–800–397–4209, 301–                 guide is expanded beyond 10 CFR part


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Document Created: 2018-10-03 02:30:23
Document Modified: 2018-10-03 02:30:23
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 3 to RG 3.71 is available on October 3, 2018.
ContactChristopher Tripp, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-8741, email: [email protected], and Harriet Karagiannis, telephone: 301-415- 2493, email: [email protected], Office of Nuclear Regulatory Research. Both are staff members of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.
FR Citation83 FR 49956 

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