[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Page 60482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24282]




Regulatory Guide 5.67, Material Control and Accounting for 
Uranium Enrichment Facilities Authorized To Produce Special Nuclear 
Material of Low Strategic Significance

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; withdrawal.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing 
Regulatory Guide (RG) 5.67, ``Material Control and Accounting for 
Uranium Enrichment Facilities Authorized to Produce Special Nuclear 
Material of Low Strategic Significance.'' The guide is being withdrawn 
because it is no longer needed and more extensive guidance can be found 
in NUREG/CR-5734, ``Recommendations to the NRC on Acceptable Format and 
Content for the Fundamental Nuclear Material Control (FNMC) Plan 
Required for Low-Enriched Uranium Facilities'' which was issued in 
November 1991.

ADDRESSES: Please refer to Docket ID NRC-2012-0227 when contacting the 
NRC about the availability of information on this document. You may 
access information related to this document, which the NRC possesses 
and is publicly available, using the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0227. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library 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 review of the withdrawal 
of RG 5.67 is available in ADAMS under Accession No. ML12110A280.
     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, Division of Fuel Cycle Safety and 
Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-492-3129; or by email at [email protected].


I. Introduction

    The NRC is withdrawing RG 5.67 because its guidance is no longer 
needed. RG 5.67 was published in December 1993 to provide guidance to 
the Paducah and Portsmouth Gaseous Diffusion Plants (GDPs) to develop 
their material control and accounting (MC&A) programs under Title 10, 
Code of Federal Regulations (10 CFR) part 76. RG 5.67 was used in 
conjunction with the 10 CFR part 74 MC&A guidance in NUREG/CR-5734, 
``Recommendations to the NRC on Acceptable Format and Content for the 
Fundamental Nuclear Material Control (FNMC) Plan Required for Low-
Enriched Uranium Facilities'' to develop the FNMC plans for the two 
GDPs in the 1990s.
    The NRC is withdrawing this regulatory guide because NUREG/CR-5734 
is more comprehensive than RG 5.67 and is applicable to the Paducah GDP 
and other uranium enrichment facilities that have been licensed under 
10 CFR part 70. Topics that are covered only briefly in RG 5.67 are 
covered in detail in NUREG/CR-5734. Therefore, the guidance in RG 5.67 
is not needed.

II. Further Information

    As discussed above, the guidance provided in RG 5.67 is no longer 
necessary and is addressed in more detail by NUREG/CR-5734. Regulatory 
guides may be withdrawn when their guidance no longer provides useful 
    Withdrawal of a regulatory guide means that the NRC staff no longer 
approves, as a generic matter, the guidance in the withdrawn regulatory 
guide. Therefore, a certificate holder or licensee who wishes to follow 
the guidance bears the responsibility of demonstrating, in the 
appropriate circumstance, that the guidance in the withdrawn regulatory 
guide is applicable to the certificate holder or licensee's specific 
situation. Current certificate holders or licensees who have included 
RG 5.67 in their licensing basis may continue to use it, and withdrawal 
of the guide does not affect their existing licensing documents or 
agreements. Changes to existing licenses (or 10 CFR part 76 
certificates) must be accomplished in accordance with applicable NRC 

    Dated at Rockville, Maryland, this 24th day of September, 2012.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Branch Chief, Regulatory Guide Development Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2012-24282 Filed 10-2-12; 8:45 am]