[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Notices]
[Pages 45983-45984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18251]
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NUCLEAR REGULATORY COMMISSION
[Docket No. NRC-2013-0033]
Acceptability of Corrective Action Programs for Fuel Cycle
Facilities
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft NUREG; withdrawal and resolution of public comments.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is withdrawing
draft NUREG-2154, ``Acceptability of Corrective Action Programs for
Fuel Cycle Facilities,'' based on receipt and review of public
comments. The draft NUREG provided guidance to NRC staff on how to
determine whether a submittal for a Corrective Action Program (CAP),
voluntarily submitted by fuel cycle facility licensees, was acceptable.
The NRC staff has reviewed public comments received on draft NUREG-2154
and has decided to withdraw the draft NUREG and to proceed with the
development and issuance of a draft Regulatory Guide (RG) to describe
elements of an acceptable CAP for fuel cycle facilities.
DATES: Draft NUREG-2154 is withdrawn on July 30, 2013.
ADDRESSES: Please refer to Docket ID NRC-2013-0033 when contacting the
NRC about the availability of
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information regarding this document. You may access information related
to this document, which the NRC possesses and is publicly available,
using any of the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0033. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
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 document (if that document is
available in ADAMS) is provided the first time that a document is
referenced.
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: Sabrina Atack, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 301-287-9075; email
[email protected].
SUPPLEMENTARY INFORMATION: In response to the Commission's direction in
the staff requirements memorandum (SRM) for SECY-10-0031 (ADAMS
Accession No. ML102170054), the NRC staff revised Section 2.3.2. of the
NRC Enforcement Policy to disposition Severity Level IV violations for
fuel cycle facilities as non-cited violations if the NRC determines
that the licensee's CAP is effective, the licensee enters the violation
in its CAP, and other criteria are met, as delineated in Section 2.3.2
of the NRC Enforcement Policy. As part of its response to the SRM, the
NRC staff also developed draft NUREG-2154, ``Acceptability of
Corrective Action Programs for Fuel Cycle Facilities'' (ADAMS Accession
No. ML13036A029). The intent of the draft NUREG was to provide guidance
to NRC staff on how to determine, based on a licensee's CAP licensing
submittal, that a CAP is acceptable. The NRC staff issued draft NUREG-
2154 for public comment on February 20, 2013 (78 FR 11903).
By letter dated April 22, 2013 (ADAMS Accession No. ML13133A219),
the Nuclear Energy Institute (NEI) provided comments on draft NUREG-
2154. In the letter and its attachment, NEI suggested that the NRC
consider converting the draft NUREG to a RG since RGs are typically the
primary source of information for licensees and applicants filing for a
license or requesting a licensing action. Further, during an April 11,
2013, public meeting held in Atlanta, GA (ADAMS Accession No.
ML13113A251), members of industry identified that the burden of
implementing a CAP could be eased if applicants and licensees were able
to commit to a set of CAP requirements rather than undertake the
process of submitting a written CAP for NRC review and approval. The
comment resolution table that describes the NRC staff's resolution of
the comments and recommendations related to draft NUREG-2154 is
available for public review in ADAMS under Accession No. ML13158A143.
Based on the review of public comment submissions and feedback at
public meetings, the NRC has decided to withdraw draft NUREG-2154 and
to identify the elements of an acceptable fuel cycle facility CAP in a
draft RG. The NRC staff has determined that a RG can effectively
describe measures for establishing a CAP that is adequate to support
the application of the provisions of Section 2.3.2 of the NRC
Enforcement Policy (ADAMS Accession No. ML12340A295) by fuel cycle
facilities. This approach will minimize the burden to licensees who
wish to implement a CAP by streamlining the licensing actions
associated with incorporating CAP commitments into the license.
Licensees will be able to submit a simple license amendment request
committing to comply with the RG and implementing documents established
thereto rather than submitting a detailed CAP description for NRC
review and approval. The draft RG, DG-3044, ``Corrective Action
Programs for Fuel Cycle Facilities,'' will be issued for public comment
in a forthcoming Federal Register Notice.
Proposed Action
By this action, the NRC is withdrawing draft NUREG-2154. The
guidance contained in the draft NUREG will be reissued in the form of a
draft regulatory guide (DG-3044, ``Corrective Action Programs for Fuel
Cycle Facilities'').
Dated at Rockville, Maryland, this 22nd day of July 2013.
For the Nuclear Regulatory Commission.
Michael X. Franovich,
Chief, Programmatic Oversight and Regional Support Branch, Division of
Fuel Cycle Safety and Safeguards, Office of Nuclear Material Safety and
Safeguards.
[FR Doc. 2013-18251 Filed 7-29-13; 8:45 am]
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