[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Notices]
[Pages 16832-16833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06649]
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NUCLEAR REGULATORY COMMISSION
[NRC-2014-0062]
Special Nuclear Material Doorway Monitors
AGENCY: Nuclear Regulatory Commission.
ACTION: Draft regulatory guide; request for comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for
public comment draft regulatory guide (DG), DG-5038, ``Special Nuclear
Material Doorway Monitors.'' This guidance addresses NRC requirements
that individuals must be searched as they leave a material access area
(MAA) for facilities that contain special nuclear material (SNM) of a
type and quantity that require an MAA.
DATES: Submit comments by April 25, 2014. Comments received after this
date will be considered if it is practical to do so, but the NRC is
able to ensure consideration only for comments received on or before
this date. Although a time limit is given, comments and suggestions in
connection with items for inclusion in guides currently being developed
or improvements in all published guides are encouraged at any time.
ADDRESSES: You may submit comments by the following methods (unless
this document describes a different method for submitting comments on a
specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0062. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: [email protected]. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: 3WFN 06A-A44M, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001.
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: Al Tardiff, Office of Nuclear Security
and Incident Response, telephone: 301-415-7015, email:
[email protected] or, Richard Jervey, Office of Nuclear Regulatory
Research, telephone: telephone: 301-251-7404, email:
[email protected]; U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC-2014-0062 when contacting the NRC
about the availability of information regarding this document. You may
access information related to this document by the following methods:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0062.
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 draft regulatory guide
is available electronically under ADAMS Accession Number ML12237A125.
The regulatory analysis may be found in ADAMS under Accession No.
ML12237A124.
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.
B. Submitting Comments.
Please include Docket ID NRC-2014-0062 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 in comment submissions that you do not want to be publicly
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into
ADAMS, and the NRC does not 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 in their comment submissions
that they do not want to be publicly disclosed. Your request should
state that the NRC will not edit comment submissions to remove such
information before making the comment submissions available to the
public or entering the comment submissions into ADAMS.
II. Additional Information
The NRC is issuing for public comment a draft guide in the NRC's
``Regulatory Guide'' series. This series was developed to describe and
make available to the public such information as methods that are
acceptable to the NRC staff for implementing specific parts of the
NRC's regulations, techniques that the staff uses in evaluating
specific problems or postulated accidents, and data that the staff
needs in its review of applications for permits and licenses.
The DG, entitled, ``Special Nuclear Material Doorway Monitors,'' is
temporarily identified by its task number, DG-5038. Draft Guide-5038 is
proposed Revision 1 of Regulatory Guide (RG) 5.27, dated June 1974.
The NRC proposes to update RG 5.27 because it is out of date and
not current with contemporary consensus standards and specifications.
The detection equipment has changed considerably since the RG was
issued in 1974. The proposed revision provides current industry
references that are well known and understood by the user community.
The RG applies to facilities that contain SNM of a type and
quantity to require an MAA. An MAA is any location which contains
special nuclear material, within a vault or a building, the roof,
walls, and floor of which each constitute a physical barrier.
III. Backfitting and Issue Finality
This DG, if finalized, would apply to applicants for, and current
and future holders of, special nuclear material licenses under part 70
of title 10 of the Code of Federal Regulations (10 CFR), and power
reactor licenses under parts 50 and 52 and certificates of compliance
or approvals of a compliance plan for gaseous diffusion plants under
part 76 if they are also applicants for or holders of special nuclear
material licenses under part 70. Issuance of this DG in final form
would not constitute backfitting under 10 CFR parts 50, 70, or 76 and
would not be otherwise
[[Page 16833]]
inconsistent with the issue finality provisions in 10 CFR part 52. As
discussed in the ``Implementation'' section of this DG, the NRC has no
current intention to impose this regulatory guide on current holders of
part 50 operating licenses, part 52 combined licenses, part 70
licensees, or part 76 certificates of compliance. The NRC has
determined that the backfit provisions in section 50.109 do not apply
to non-power reactor licensees because the rulemaking record for
section 50.109 indicates that the Commission likely intended to apply
this provision to only power reactors, and NRC practice has been
consistent with this rulemaking record. The part 52 issue finality
provisions do not apply to non-power reactors because part 52 does not
apply to non-power reactors.
This RG could be applied to applications for part 50 operating
licenses, part 52 combined licenses, part 70 licenses, and part 76
certificates of compliance docketed by the NRC as of the date of
issuance of the final regulatory guide, as well as future such
applications submitted after the issuance of the final RG. Such action
would not constitute backfitting as defined in 10 CFR 50.109, 70.76, or
76.76, or be otherwise inconsistent with the applicable issue finality
provision in 10 CFR part 52, inasmuch as such applicants or potential
applicants are not within the scope of entities protected by 10 CFR
50.109, 70.76, and 76.76, or the relevant issue finality provisions in
part 52.
Dated at Rockville, Maryland, this 21st day of March, 2014.
For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guide Development Branch, Division of Engineering,
Office of Nuclear Regulatory Research.
[FR Doc. 2014-06649 Filed 3-25-14; 8:45 am]
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