[Federal Register Volume 80, Number 93 (Thursday, May 14, 2015)]
[Notices]
[Pages 27709-27710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11618]


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NUCLEAR REGULATORY COMMISSION

[NRC-2015-0120]
RIN-3150-AI61


Selection of Material Balance Areas and Item Control Areas

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-5057, ``Special Nuclear 
Material Control and Accounting System for Non-Fuel Cycle Facilities.'' 
This DG provides guidance to licensees and applicants on the NRC's 
regulations concerning the material control and accounting of special 
nuclear material. The need for this guidance arises from an ongoing NRC 
rulemaking to revise these regulations, as discussed further in Section 
II below. The scope of DG-5057 covers nuclear power plants and all non-
fuel cycle facilities.

DATES: Submit comments by June 15, 2015. 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 any of the following methods 
(unless this document describes a different method for submitting 
comments on a speficied subject):
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0120. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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, Office of Administration, 
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington, 
DC 20555-0001.
    For additional direction on accessing information and submitting 
comments, see ``Obtaining Information and Submitting Comments'' in the 
SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Tom Pham, Office of Nuclear Material 
Safety and Safeguards, 301-287-9132, email: [email protected], or, 
Mekonen Bayssie, Office of Nuclear Regulatory Research, 301-251-7489, 
email: [email protected]. U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2015-0120 when contacting the NRC 
about the availability of information regarding this document. You may 
obtain publically-available 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-2015-0120.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/

[[Page 27710]]

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 (if available in 
ADAMS) is provided the first time that a document is references. The 
draft regulatory guide is available electronically under ADAMS 
accession number ML15015A271. The regulatory analysis may be found in 
ADAMS under Accession No. ML15015A294.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.
     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-2015-0120 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 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. Additional Information

    The NRC is conducting a rulemaking to revise part 74 of Title 10 of 
the Code of Federal Regulations (10 CFR), ``Material Control and 
Accounting of Special Nuclear Material,'' and in this regard published 
on November 8, 2013 (78 FR 67225) a proposed rule for comment. The 
rulemaking to revise the material control and accounting (MC&A) 
regulations was initially authorized by a 2009 staff requirements 
memorandum (SRM) to SECY-08-0059, ``Rulemaking Plan: Part 74--Material 
Control and Accounting of Special Nuclear Material.'' The SRM and SECY-
08-0059 may be found in ADAMS under Accession Nos. ML090360473 and 
ML080580307, respectively. The SRM directed the NRC staff to revise 
existing MC&A guidance documents to reflect any new and revised 
requirements.
    The draft guidance that the NRC is issuing for public comment is a 
DG in the NRC's ``Regulatory Guide'' series. This series was developed 
to describe and make available to the public technical information, 
such 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 issues or postulated events, and data that the 
staff needs in its review of applications for permits and licenses.
    The DG, entitled ``Special Nuclear Material Control and Accounting 
System for Non-Fuel Cycle Facilities,'' is temporarily identified by 
its task number, DG-5057. This DG-5057 is proposed revision 3 of RG 
5.29. Revision 3 of RG 5.29 considers conformance with the provisions 
of American National Standards Institute (ANSI) N15.8 2009, ``Methods 
of Nuclear Material Control--Material Control Systems--Special Nuclear 
Material Control and Accounting Systems for Nuclear Power Plants,'' to 
be an acceptable approach to meet the MC&A requirements in subpart B of 
10 CFR part 74 at nuclear power plants. DG-5057 expands the scope of 
the guidance to cover the proposed new requirements in subpart A of 10 
CFR part 74 and to cover all non-fuel cycle facilities.

III. Backfitting and Issue Finality

    Draft Guide-5057 provides guidance on MC&A recordkeeping and 
reporting requirements, as set forth in 10 CFR part 74. The regulatory 
guidance held in this guidance provides methods that the NRC staff 
finds acceptable for an applicant or licensee to meet the requirements 
of the underlying NRC regulations. The issuance of the guidance in DG-
5057 is not backfitting, as that term is defined in 10 CFR 50.109, 
70.76, or 72.62, or inconsistent with the issue finality provisions in 
10 CFR part 52, because information collection and reporting 
requirements with respect to material control and accounting are not 
included within the scope of the NRC's backfitting protections or part 
52 issue finality provisions.
    Applicants and potential applicants are not, with certain 
exceptions, protected by any issue finality provisions under part 52. 
This is because the issue finality provisions under part 52, with 
certain exclusions discussed below, were not intended to apply to every 
NRC action which substantially changes the expectations of current and 
future applicants. The exceptions to the general principle are whenever 
an applicant references a part 52 license (e.g., an early site permit) 
and/or NRC regulatory approval (e.g., a design certification rule, a 
standard design approval) with specified issue finality provisions. 
However, the scope of issue finality provided extends only to the 
matters resolved in the license or regulatory approval. Early site 
permits, design certification rules, and standard design approvals do 
not address or resolve compliance with material control and accounting 
requirements in 10 CFR part 74. Therefore, no applicant referencing an 
early site permit, design certification rule, or standard design 
approval is protected by relevant issue finality provisions with 
respect to the material control and accounting matters addressed in DG-
5057.

    Dated at Rockville, Maryland, this 8th day of May, 2015.
    For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2015-11618 Filed 5-13-15; 8:45 am]
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