[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Proposed Rules]
[Pages 19148-19149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-06387]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / 
Proposed Rules  

[[Page 19148]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 72

[NRC-2013-0051]


Shielding and Radiation Protection Review Effort and Licensing 
Conditions for Dry Storage Applications

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft interim staff guidance; request for public comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) requests public 
comment on Draft Spent Fuel Storage and Transportation Interim Staff 
Guidance No. 26A (SFST-ISG-26A), Revision 0, ``Shielding and Radiation 
Protection Review Effort and Licensing Conditions for 10 CFR Part 72 
Applications.''

DATES: Submit comments by May 13, 2013. Comments received after this 
date will be considered, if it is practical to do so; however, the NRC 
staff is only able to ensure consideration of comments received on or 
before this date.

ADDRESSES: You may access information and comment submissions related 
to this document, which the NRC possesses and is publicly available, by 
searching on http://www.regulations.gov under Docket ID NRC-2013-0051. 
You may submit comments by any the following methods:
     Federal Rulemaking Web Site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0051. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: [email protected].
     Mail Comments to: Cindy Bladey, Chief, Rules, 
Announcements, and Directives Branch (RADB), Office of Administration, 
Mail Stop: TWB-05-B01M, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
     Fax Comments to: RDB at 301-492-3446.
    For additional direction on accessing information and submitting 
comments, see ``Accessing Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Mr. Michel Call, Office of Nuclear 
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001; telephone: 301-492-3289; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0051 when contacting the NRC 
about the availability of information regarding this document. You may 
access information related to this document by any of the following 
methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0051.
     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 ADAMS accession number 
for each document referenced in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. The draft SFST-ISG-26A, Revision 0 is available 
electronically under ADAMS Accession No. ML13010A570.
     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.

B. Submitting Comments

    Please include Docket ID NRC-2013-0051 in the subject line of your 
comment submission, in order to ensure that the NRC is able to make 
your comment submission available to the public in this docket.
    The NRC cautions you not to include identifying or contact 
information that that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Further Information

    The draft SFST-ISG provides guidance to NRC staff when reviewing 
the shielding and radiation protection portions of applications for 
certificates of compliance (CoC), specific licenses, and amendments 
submitted in accordance with part 72 of Title 10 of the Code of Federal 
Regulations (10 CFR), ``Licensing Requirements for the Independent 
Storage of Spent Nuclear Fuel, High-Level Radioactive Waste, and 
Reactor-Related Greater Than Class C Waste,'' (10 CFR part 72) Subpart 
L, ``Approval of Spent Fuel Storage Casks,'' and Subpart B, ``License 
Application, Form, and Contents.'' The draft SFST-ISG-26A proposes to 
revise the shielding and radiation protection review procedures 
contained in NUREG-1536, Revision 1, ``Standard Review Plan for Spent 
Fuel Dry Storage Systems at a General License Facility,'' and NUREG-
1567, ``Standard Review Plan for Spent Fuel Dry Storage Facilities.'' 
The draft SFST-ISG revises these review procedures by enhancing their 
prioritization; providing guidance regarding conditions the staff 
should include in certificates of compliance, specific licenses, and 
associated technical specifications; and providing guidance regarding 
the analyses that the staff should verify are included by applicants in 
applications submitted under 10 CFR Part 72 and the staff's evaluation 
of those analyses.

[[Page 19149]]

III. Background

    The NRC issues SFST-ISGs to communicate insights and lessons 
learned and to address emergent issues not covered in SFST Standard 
Review Plans (SRPs). In this way, the NRC staff and stakeholders may 
use the guidance in an SFST-ISG document before it is incorporated into 
a formal SRP revision.
    The NRC has developed draft SFST-ISG-26A, Revision 0 to (1) enhance 
the prioritization of shielding and radiation protection review 
procedures to improve the effectiveness and efficiency of staff reviews 
of these areas; (2) provide guidance regarding the conditions that the 
staff should include in certificates of compliance, specific licenses, 
and associated technical specifications; and (3) provide guidance 
regarding the analyses that the staff should verify are included by 
applicants in applications submitted under 10 CFR Part 72 and the 
staff's evaluation of those analyses.

Proposed Action

    By this action, the NRC is requesting public comments on draft 
SFST-ISG-26A. This SFST-ISG proposes certain revisions to NRC guidance 
on implementation of the requirements in 10 CFR Part 72. Along with 
comments on this draft SFST-ISG, the NRC invites the public to include 
suggestions for alternatives to the guidance, or parts thereof, 
proposed to address the two issues described in this draft SFST-ISG and 
to describe how those suggested alternatives adequately address the 
issues. The NRC also invites comments that include information 
regarding facility operations and exposures that support the comments 
or that the commenter thinks NRC should consider. The NRC will make a 
final determination regarding issuance of SFST-ISG-26A after it 
considers any public comments received in response to this request.

Backfitting and Issue Finality

    This ISG provides guidance to the NRC staff reviewers on: (1) 
Establishing the priorities of NRC's shielding and radiation protection 
review procedures for applications for initial and amendments of spent 
nuclear fuel dry storage system CoCs and applications for specific-
license independent spent fuel storage installation licenses and 
license amendments; (2) verifying the inclusion and evaluating the 
scope of applicant's analyses of radiation protection and shielding for 
these systems and installations; and (3) stating conditions the staff 
should include in CoCs, licenses, and technical specifications. 
Prioritization of staff review procedures, verification and evaluation 
of an applicant's analyses, and the determination of appropriate 
conditions to be included in CoCs, licenses, and technical 
specifications are not matters to which backfitting or issue finality 
protections apply. Staff implementation of such guidance in the context 
of applications does not result in backfitting or non-compliance with 
issue finality protection provisions. For this reason, the NRC has not 
prepared a backfit analysis for this ISG.

    For the Nuclear Regulatory Commission.

    Dated at Rockville, Maryland, this 13th day of March 2013.
Mark D. Lombard,
Director, Division of Spent Fuel Storage and Transportation, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 2013-06387 Filed 3-28-13; 8:45 am]
BILLING CODE 7590-01-P