[Federal Register Volume 81, Number 155 (Thursday, August 11, 2016)]
[Rules and Regulations]
[Pages 52974-52975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18767]



10 CFR Part 20


Operating Philosophy for Maintaining Occupational and Public 
Radiation Exposures as Low as Is Reasonably Achievable

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.


SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 2 to Regulatory Guide (RG) 8.10, ``Operating Philosophy for 
Maintaining Occupational Radiation Exposures as Low as is Reasonably 
Achievable.'' This revision describes methods and procedures that the 
NRC staff considers acceptable for maintaining radiation exposures to 
employees and the public as low as is reasonably achievable (ALARA).

DATES: Revision 2 to RG 8.10 is available on August 11, 2016.

ADDRESSES: Please refer to Docket ID NRC-2015-0286 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publically-available information related to this document 
using the following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2015-0286. 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.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Document collection 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 to RG 8.10 and the regulatory 
analysis may be found in ADAMS under Accession Nos. ML16105A136 and 
ML15203B408, respectively.
     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: Casper Sun, telephone: 301-415-1646, 
email: [email protected]; and Harriet Karagiannis, telephone: 301-415-
2493; email: [email protected]. Both are staff of the Office 
of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555-0001.


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 regarding methods that are 
acceptable to the NRC staff for implementing specific parts of the 
agency's regulations, techniques that the NRC staff uses in evaluating 
specific issues or postulated events, and data that the NRC staff needs 
in its review of applications for permits and licenses.
    Revision 2 of RG 8.10 was issued with a temporary identification of 
Draft Regulatory Guide, DG-8033. Revision 2 addresses changes 
identified since Revision 1 was issued in September 1975 (the NRC 
issued Revision 1-R in May 1977). In 1991, the NRC promulgated 
amendments to part 20 of title 10 of the Code of Federal Regulations 
(CFR) (56 FR 23360; May 21, 1991). The 1991 rulemaking included 
substantive amendments to 10

[[Page 52975]]

CFR part 20 as well as a renumbering of those regulations. As such, 
this revision to the regulatory guide aligns with the regulatory 
structure of current 10 CFR part 20 by updating the regulatory guide's 
10 CFR part 20 cross-references.
    In addition, this revision includes additional guidance from 
operating ALARA experience since 1975. It provides more details 
describing management responsibilities to ensure commitment to ALARA.

II. Additional Information

    The NRC published a notice of availability of DG-8033 in the 
Federal Register on December 24, 2015 (80 FR 80395), for a 60-day 
public comment period. The public comment period closed on February 22, 
2016. The public comments on DG-8033 and the NRC staff responses to the 
public comments are available in ADAMS under Accession Number 

III. Congressional Review Act

    This regulatory guide 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

    This regulatory guide provides updated guidance on the methods 
acceptable to the NRC staff for complying with the NRC's regulations 
associated with ALARA. The regulatory guide applies to current and 
future applicants for, and holders of:

     Operating licenses for nuclear power reactors under 10 
CFR part 50.
     approvals issued under subpart B, C, E, and F of 10 CFR 
part 52 (``protected applicants and licensees'').
     licenses issued under 10 CFR part 70 to possess or use, 
at any site or contiguous sites subject to licensee control, a 
formula quantity of strategic special nuclear material, as defined 
in 10 CFR 70.4.
     operating licenses for nuclear non-power reactors under 
10 CFR part 50.
     specific domestic licenses to manufacture or transfer 
certain items containing byproduct material under 10 CFR part 32.
     specific domestic licenses of broad scope for byproduct 
material under 10 CFR part 33.
     licenses for industrial radiography under 10 CFR part 
     licenses for medical use of byproduct material under 10 
CFR part 35.
     licenses for irradiators under 10 CFR part 36.
     licenses for well logging under 10 CFR part 39.
     licenses for source material under 10 CFR part 40.
     certificates of compliance for packaging of radioactive 
material under 10 CFR part 71.
     licenses for independent spent fuel storage 
installations under 10 CFR part 72.

    The backfitting provisions in 10 CFR 50.109, 70.76, and 72.62, and 
the issue finality provisions in 10 CFR part 52 do not apply to holders 
of licenses under 10 CFR parts 31, 32, 33, 34, 35, 36, 39, 40, or 71, 
or to holders of licenses for non-power reactors under 10 CFR part 50, 
unless those licensees also have an NRC regulatory approval under 10 
CFR parts 50 or 52 (for a nuclear power reactor), 70, or 72. In 
addition, the issuance of this regulatory guide would not constitute 
backfitting under 10 CFR 50.109, 70.76, or 72.62, and would not 
otherwise be inconsistent with the issue finality provisions in 10 CFR 
part 52. As discussed in the ``Implementation'' section of this 
regulatory guide, the NRC has no intention of initiating any regulatory 
action that would require the use of this regulatory guide by current 
holders of 10 CFR part 50 operating licenses, 10 CFR part 52, subpart 
B, C, E, or F approvals, 10 CFR part 70 licenses, or 10 CFR part 72 
    If a licensee protected by a backfitting or issue finality 
provision (a ``protected licensee'') voluntarily seeks a license 
amendment or change, and (1) the NRC staff's consideration of the 
request involves a regulatory issue directly relevant to this revised 
regulatory guide and (2) the specific subject matter of this regulatory 
guide is an essential consideration in the NRC staff's determination of 
the acceptability of the licensee's request, then the NRC staff may 
request that the licensee either follow the guidance in this regulatory 
guide or provide an equivalent alternative process that demonstrates 
compliance with the underlying NRC regulatory requirements. Such a 
request by NRC staff is not considered backfitting as defined in 10 CFR 
50.109(a)(1), 70.76(a)(1), or 72.62(a), or a violation of any 
applicable finality provisions in 10 CFR part 52.
    If a protected licensee believes that the NRC is either using this 
regulatory guide or requesting or requiring the protected licensee to 
implement the methods or processes in this regulatory guide in a manner 
inconsistent with the discussion in the Implementation section of this 
regulatory guide, then the protected licensee may file a backfit appeal 
with the NRC in accordance with the guidance in NRC Management 
Directive 8.4, ``Management of Facility-Specific Backfitting and 
Information Collection'' (ADAMS Accession No. ML12059A460); and NUREG-
1409, ``Backfitting Guidelines'' (ADAMS Accession No. ML032230247).

    Dated at Rockville, Maryland, this 3rd day of August, 2016.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2016-18767 Filed 8-10-16; 8:45 am]