[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60191-60192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23718]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0264]


Standard Format and Content for a License Application for an 
Independent Spent Fuel Storage Installation or a Monitored Retrievable 
Storage Facility

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
revision to Regulatory Guide (RG) 3.50, ``Standard Format and Content 
for a License Application for an Independent Spent Fuel Storage 
Installation or a Monitored Retrievable Storage Facility.'' This guide 
provides a format that the NRC staff considers acceptable for 
submitting the information for license applications to store spent 
nuclear fuel, high-level radioactive waste, and reactor-related Greater 
than Class C (GTCC) waste.

ADDRESSES: Please refer to Docket ID NRC-2013-0264 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0021. 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 notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. Revision 2 of Regulatory Guide 3.50 is available in ADAMS 
under Accession No. ML14043A080. The regulatory analysis may be found 
in ADAMS under Accession No. ML12087A039.
     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: Bernie White, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-287-0810; email 
[email protected] or Jazel Parks, Office of Nuclear Regulatory 
Research, telephone: 301-251-7690; email [email protected]. Both are 
staff of the U.S. Nuclear

[[Page 60192]]

Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Introduction

    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 such as methods that are 
acceptable to the NRC staff for implementing specific parts of the 
agency'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.
    Revision 2 of RG 3.50 provides a format that the NRC considers 
acceptable for submitting the information for license applications to 
store spent nuclear fuel, high-level radioactive waste, and/or reactor-
related GTCC waste. 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'' Subpart B, ``License 
Application, Form, and Contents,'' specifies the information that must 
be in an application for a license to store spent nuclear fuel, high-
level radioactive waste, and/or power-reactor-related GTCC waste in an 
independent spent fuel storage installation (ISFSI) or in a monitored 
retrievable storage (MRS) facility.

II. Additional Information

    The NRC issued the draft version of Revision 2 of RG 3.50 with a 
temporary identification as draft regulatory guide (DG), DG-3042, and 
published notice of its issuance in the Federal Register on December 6, 
2013 (78 FR 73566) for a 30-day public comment period. The public 
comment period closed on January 24, 2014. Public comments on DG-3042 
and the staff responses to the public comments are available under 
ADAMS Accession Number ML14043A068.

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 guidance on one possible means for meeting the 
NRC's regulatory requirements in 10 CFR part 72 regarding the format 
and content for license applications for an ISFSI or MRS. This 
regulatory guide may be applied to license applications for ISFSIs and 
MRSs docketed by the NRC as of the date of issuance of the final 
regulatory guide, as well as future applications for such licenses 
submitted after the issuance of the regulatory guide.
    This regulatory guide does not constitute backfitting as defined in 
10 CFR 72.62(a). The subject matter of this regulatory guide does not 
concern matters dealing with either the structures, systems, or 
components of an ISFSI or MRS, or the procedures or organization for 
operating an ISFSI or MRS. Therefore, the matters addressed in this 
draft regulatory guide are not within the scope of the backfitting 
provisions in Sec.  72.62(a)(1) or (2).
    This regulatory guide does not apply to entities protected by issue 
finality provisions in 10 CFR part 52 with respect to the matters 
addressed in this regulatory guide. Although part 52 combined license 
applicants and holders may apply for specific ISFSI licenses, the 
guidance in this regulatory guide is directed to ISFSI applicants and 
does not make a distinction between ISFSI applicants who are also 
combined license applicants or holders and ISFSI applicants who are not 
combined license applicants and holders, and presents no more onerous 
guidance for ISFSI applicants who are also combined license applicants 
or holders versus ISFSI applicants who are not combined license 
applicants and holders. Accordingly, the NRC concludes that this 
regulatory guide is not inconsistent with any part 52 issue finality 
provisions.

    Dated at Rockville, Maryland, this 30th day of September, 2014.

    For the Nuclear Regulatory Commission.
Harriett Karagiannis,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2014-23718 Filed 10-3-14; 8:45 am]
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