[Federal Register Volume 82, Number 70 (Thursday, April 13, 2017)]
[Proposed Rules]
[Pages 17768-17770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-07502]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 82, No. 70 / Thursday, April 13, 2017 / 
Proposed Rules  

[[Page 17768]]



NUCLEAR REGULATORY COMMISSION

10 CFR Parts 50 and 52

[Docket No. NRC-2015-0225]
RIN 3150-AJ68


Emergency Preparedness for Small Modular Reactors and Other New 
Technologies

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory basis; public meeting, and request for 
comment.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
comment on a draft regulatory basis to support a rulemaking that would 
develop new emergency preparedness (EP) requirements for small modular 
reactors (SMRs) and other new technologies (ONTs), such as non-light-
water reactors (non-LWRs) and medical isotope production facilities. 
The new EP regulations would be consequence-oriented, performance-
based, and technology inclusive to the extent possible, and continue to 
provide reasonable assurance of adequate protection of public health 
and safety. The new EP regulations would be applicable to SMR and ONT 
facilities only. Large light-water reactors (LWRs), fuel cycle 
facilities, research and test reactors and other non-power, non-
commercial, facilities are not in the scope of this rulemaking. The NRC 
plans to hold a public meeting to promote full understanding of the 
rulemaking and facilitate public participation.

DATES: Submit comments by June 27, 2017. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received on or before 
this date.

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-2015-0225. 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.
     Email comments to: [email protected]. If you do 
not receive an automatic email reply confirming receipt, then contact 
us at 301-415-1677.
     Fax comments to: Secretary, U.S. Nuclear Regulatory 
Commission at 301-415-1101.
     Mail comments to: Secretary, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-001, ATTN: Rulemakings and 
Adjudications Staff.
     Hand deliver comments to: 11555 Rockville Pike, Rockville, 
MD 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal 
workdays; telephone: 301-415-1677.
    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: Andrew Carrera, Office of New 
Reactors, telephone: 301-415-1078, email: [email protected]; and 
Arlon Costa, Office of New Reactors, telephone: 301-415-6402, email: 
[email protected]. Both are staff of the 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-2015-0225 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-2015-0225.
     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 
draft regulatory basis document is available in ADAMS under Accession 
No. ML16309A332.
     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-2015-0225 in your comment submission.
    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. Discussion

    The NRC is requesting comments on a draft regulatory basis to 
support a rulemaking that would amend part 50 of title 10 of the Code 
of Federal Regulations (10 CFR), ``Domestic Licensing of Production and 
Utilization Facilities,'' and part 52, ``Licenses, Certifications, and 
Approvals for Nuclear Power Plants,'' by adopting new EP regulations 
for SMR and ONT licensees. The specific objectives of this rulemaking 
effort are to establish new EP requirements for SMR and ONT licensees 
that will recognize: (1) Distance to which planning for initiation of 
predetermined protective actions is warranted, (2) time-dependent

[[Page 17769]]

characteristics of potential releases and exposures, and (3) isotopic 
characteristics of radioactive materials that can potentially be 
released to the environment.
    The scope of the draft regulatory basis includes EP for new SMR and 
ONT facilities licensed under 10 CFR parts 50 and 52. Under current 
regulations for large LWR designs, the plume exposure pathway emergency 
planning zone (EPZ) size is about 10 miles (16 kilometers). However, 
SMRs and ONTs may have comparatively smaller reactor core size and also 
include passive design safety features, which result in potential 
accident releases and offsite radiation dose consequences that are 
smaller and may be delayed when compared to large LWRs. To account for 
this difference as compared to large LWRs, the NRC plans to develop a 
consequence-oriented, performance-based, and technology inclusive 
approach to EP for these SMR and ONT designs. With the proposed 
adoption of an approach for these designs where the plume exposure 
pathway EPZ size is scalable in proportion with potential accident 
consequences, the potential exists for this EPZ to be contained within 
the site boundary. The draft regulatory basis, in part, explains why 
the NRC believes the existing regulations should be updated, revised, 
and enhanced; presents alternatives to rulemaking; and discusses costs 
and other impacts of the potential changes.

III. Specific Requests for Comments

    The NRC is seeking comments and supporting rationale from the 
public on the following questions:

Scope of Draft Regulatory Basis

     Is the NRC considering an appropriate approach for each 
objective described in the draft regulatory basis?
     Section 3 of the draft regulatory basis discusses the 
regulatory concerns the NRC expects to address through rulemaking. 
Section 4 presents the intended regulatory changes to address those 
regulatory concerns, and also discusses alternatives to rulemaking 
considered by the NRC. Are there other regulatory concerns within or 
related to the scope of the rulemaking efforts (see Section 4) that the 
NRC should consider? Are there other approaches or alternatives the NRC 
should consider to resolve those regulatory concerns?
     Are there any other alternatives for EP for SMRs and ONTs 
to address beyond those discussed in the draft regulatory basis that 
the NRC should consider?
     Are there other EP related issues that the NRC staff 
should consider in further developing this regulatory basis?
     Is the scope of facilities to be included under the ONT 
umbrella (see Section 1.1) appropriate or can you suggest additions or 
deletions?

Performance-Based Approach

     What are the benefits of a performance-based EP approach, 
other than those described in the draft regulatory basis?
     Should the NRC continue research to establish performance-
based criteria specific for SMRs and ONTs in the EP area? Examples of 
such research that has been performed are discussed in SECY-14-0038, 
``Performance-Based Framework for Nuclear Power Plant Emergency 
Preparedness Oversight,'' (ADAMS Accession No. ML14259A589).
     Is it appropriate to establish combined risk-informed and 
performance-based criteria, and can you suggest EP areas or methods 
where they could successfully be implemented?

Regulatory Impacts

     Section 5 of the draft regulatory basis presents the NRC's 
initial consideration of costs and other impacts for a number of key 
aspects of the potential regulatory changes. This initial assessment is 
based on limited available data. The NRC is seeking additional data and 
input relative to expected and/or unintentional impacts from the 
desired regulatory changes. What would be the potential impacts to 
stakeholders, such as applicants, licensees, and the public, from 
implementing any of the desired regulatory changes described in this 
draft regulatory basis? We are also seeking comments on reasonable cost 
estimates for implementation of the EP for SMRs and ONTs regulations, 
including one-time startup cost and annual cost?
     What would the cost be for 10 CFR part 52 licensees to be 
licensed under the proposed performance-based EP approach? What would 
be the cost difference between this new EP approach and the current EP 
approach in 10 CFR part 50?
     What impacts, other than cost, would result from the 
rulemaking action under consideration?

IV. Cumulative Effects of Regulation

    The cumulative effects of regulation (CER) describes the challenges 
that licensees or other impacted entities (such as State agency 
partners, Tribal and local governments) may face while implementing new 
regulatory positions, programs, and requirements (e.g., rules, generic 
letters, backfits, inspections). The CER is an organizational challenge 
that results from a licensee or impacted entity implementing a number 
of complex positions, programs, or requirements within a limited 
implementation period and with available resources (which may include 
limited available expertise to address a specific issue). The NRC has 
implemented CER enhancements to the rulemaking process to facilitate 
public involvement throughout the rulemaking process. Therefore, the 
NRC is specifically requesting comments on the cumulative effects that 
may result from this proposed rulemaking. In developing comments on the 
draft regulatory basis, consider and provide comments on the following 
questions:
    1. In light of any current or projected CER challenges, what should 
be a reasonable effective date, compliance date, or submittal date(s) 
from the time the final rule is published to the actual implementation 
of any proposed requirements, including changes to programs, 
procedures, and the facility?
    2. If CER challenges currently exist or are expected, what should 
be done to address them? For example, if more time is required for 
subsequent implementation of the new requirements, what period of time 
is sufficient?
    3. Do other (NRC or other agency) regulatory actions (e.g., orders, 
generic communications, license amendment requests, and inspection 
findings of a generic nature) influence the subsequent implementation 
of the proposed rule's requirements?
    4. Are there unintended consequences? Does the draft regulatory 
basis create conditions that would be contrary to the draft regulatory 
basis' purpose and objectives? If so, what are the unintended 
consequences, and how should they be addressed?

V. Availability of Documents

    The NRC may post documents related to this rulemaking activity to 
the Federal rulemaking Web site at http://www.regulations.gov under 
Docket ID: NRC-2015-0225.
    The Federal rulemaking Web site allows you to receive alerts when 
changes or additions occur in a docket folder. To subscribe: (1) 
Navigate to the docket folder (NRC-2015-0225); (2) click the ``Sign up 
for Email Alerts'' link; and (3) enter your email address and select 
how frequently you would like to receive emails (daily, weekly, or 
monthly).

VI. Plain Writing

    The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal

[[Page 17770]]

agencies to write documents in a clear, concise, and well-organized 
manner. The NRC has written this document to be consistent with the 
Plain Writing Act as well as the Presidential Memorandum, ``Plain 
Language in Government Writing,'' published June 10, 1998 (63 FR 
31883). The NRC requests comment on this document with respect to the 
clarity and effectiveness of the language used.

VII. Public Meeting

    The NRC plans to hold a public meeting during the public comment 
period for this notice. The public meeting will provide a forum for the 
NRC staff to discuss the issues and questions with external 
stakeholders regarding the draft regulatory basis to add new EP 
requirements for SMRs and ONTs. The NRC does not intend to provide 
detailed responses to comments or other information submitted during 
the public meeting.
    The public meeting will be noticed on the NRC's public meeting Web 
site at least 10 calendar days before the meeting. Stakeholders should 
monitor the NRC's Public Meeting Schedule Web page for additional 
information about the public meeting at http://meetings.nrc.gov/pmns/mtg.
    The NRC will post a notice for the public meeting and may post 
additional material related to this action to the Federal rulemaking 
Web site at www.regulations.gov under Docket ID NRC-2015-0225.

    Dated at Rockville, Maryland, this 29th day of March 2017.

    For the Nuclear Regulatory Commission.
Robert K. Caldwell,
Acting Director, Division of Engineering and Infrastructure, Office of 
New Reactors.
[FR Doc. 2017-07502 Filed 4-12-17; 8:45 am]
 BILLING CODE 7590-01-P