[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)]
[Notices]
[Pages 64955-64956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22634]
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NUCLEAR REGULATORY COMMISSION
[NRC-2016-0189]
Shipping, Receiving, and Internal Transfer of Special Nuclear
Material
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-5051, ``Shipping,
Receiving, and Internal Transfer of Special Nuclear Material.'' This DG
would consolidate in one document NRC guidance concerning the material
control and accounting requirements pertaining to shipments, receipts,
and internal transfers of special nuclear material. The DG is part of
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 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.
DATES: Submit comments by October 21, 2016. 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:
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0189. 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 obtaining information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Glenn Tuttle, Office of Nuclear
Material Safety and Safeguards, 301-415-7230, email:
[email protected], or Mekonen Bayssie, Office of Nuclear Regulatory
Research, 301-415-1699, 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-2016-0189 when contacting the NRC
about the availability of information for this action. You may obtain
publicly-available information related to this action by any of the
following methods:
Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0189.
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/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 it is available
in ADAMS) is provided the first time that it is mentioned in this
document.
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-2016-0189 in your comment submission.
[[Page 64956]]
The NRC cautions you not to include identifying or contact
information 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 into ADAMS.
II. Additional Information
The DG is entitled, ``Shipping, Receiving, and Internal Transfer of
Special Nuclear Material,'' and would provide guidance for meeting the
nuclear material control and accounting (MC&A) requirements in part 74
of title 10 of the Code of Federal Regulations (10 CFR), ``Material
Control and Accounting of Special Nuclear Material,'' that cover these
topics. The DG is electronically available in ADAMS under Accession No.
ML14181B213. The DG is temporarily identified by its task number, DG-
5051.
DG-5051 updates and combines in one document guidance previously
provided by:
RG 5.28, ``Evaluation of Shipper-Receiver Differences in
the Transfer of Special Nuclear Material,'' published in June 1974
(ADAMS Accession No. ML003740063);
RG 5.49, ``Internal Transfers of Special Nuclear
Material,'' published in March 1975 (ADAMS Accession No. ML003739222);
and
RG 5.57, ``Shipping and Receiving Control of Strategic
Special Nuclear Material,'' published in June 1980 (ADAMS Accession No.
ML003739260).
Due to several rulemakings that occurred from 1985 to 2002, which
significantly amended the MC&A requirements, the above regulatory
guides became outdated as they no longer cite the correct sections of
the regulations. Accordingly, RG 5.28, RG 5.49, and RG 5.57 would be
withdrawn concurrent with any later issuance of DG-5051 in final form
as DG-5051 would provide the correct citations to the 10 CFR part 74
regulations.
NRC guidance on the MC&A requirements pertaining to shipments,
receipts, and internal transfers of special nuclear material is also
provided in the following NUREGs that were issued in conjunction with
the 1985-2002 MC&A rulemakings:
NUREG-1280, ``Standard Format and Content Acceptance
Criteria for the Material Control and Accounting (MC&A) Reform
Amendment,'' applicable to facilities using formula quantities of
strategic SNM (ADAMS Accession No. ML031340295).
NUREG-1065, ``Acceptable Standard Format and Content for
the Fundamental Nuclear Material Control (FNMC) Plan Required for Low-
Enriched Uranium Facilities,'' applicable to fuel fabrication
facilities using low-enriched uranium (ADAMS Accession No.
ML031340288).
NUREG/CR-5734, ``Recommendations to the NRC on Acceptable
Standard Format and Content for the Fundamental Nuclear Material
Control (FNMC) Plan Required for Low-Enriched Uranium Enrichment
Facilities,'' applicable to uranium enrichment plants (ADAMS Accession
No. ML15120A354).
DG-5051 incorporates guidance from these NUREGs that relates to the
monitoring of shipments, receipts, and internal transfers of SNM. In
addition to providing guidance on these topics, the NUREGs listed above
cover other MC&A requirements as well. Accordingly, these NUREGs would
not be withdrawn when DG-5051 is issued in final form.
III. Backfitting
Issuance of DG-5051 in final form would not constitute backfitting
as defined in 10 CFR 70.76. As discussed in the ``Implementation''
section of DG-5051, the NRC has no current intention to impose this
guidance on holders of part 70 licenses. Additionally, DG-5051 would
incorporate relevant guidance from NUREG-1280, NUREG-1065, and NUREG/
CR-5734 without making substantive changes to that guidance and update
the outdated NRC guidance provided in RG 5.28, RG 5.49, and RG 5.57 by
providing the correct citations to the existing 10 CFR part 74
regulations. Accordingly, the issuance of this guidance in final form
would not constitute a ``new'' or ``different'' staff position within
the definition of ``backfitting'' in 10 CFR 70.76.
Dated at Rockville, Maryland, this 15th day of September 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. 2016-22634 Filed 9-20-16; 8:45 am]
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