[Federal Register Volume 82, Number 149 (Friday, August 4, 2017)]
[Notices]
[Pages 36457-36458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16429]
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NUCLEAR REGULATORY COMMISSION
[NRC-2017-0171]
Evaluating Deviations and Reporting Defects and Noncompliance
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-1291, ``Evaluating
Deviations and Reporting Defects and Noncompliance Under 10 CFR part
21.'' This DG describes methods that the NRC staff considers acceptable
for complying with the provisions of the regulations.
DATES: Submit comments by October 3, 2017. 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 specified subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0171. 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: TWFN-8-D36M, 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: Paul Prescott, Office of New Reactors,
telephone: 301-415-6263; email: [email protected], and Stephen
Burton, Office of Nuclear Regulatory Research, telephone: 301-415-7000;
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-2017-0171 when contacting the NRC
about the availability of information regarding 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-2017-0171.
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
DG is available in ADAMS under Accession No. ML16165A298.
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-2017-0171 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 posts all comment submissions at http://www.regulations.gov as well as enters 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 issuing for public comment a draft regulatory 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 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 draft regulatory guide, entitled, ``Evaluating Deviations and
Reporting Defects and Noncompliance Under 10 CFR part 21,'' is a
proposed new guide temporarily identified by its task number, DG-1291.
The DG-1291 describes methods that the NRC staff considers acceptable
for complying with the provisions of part 21 of title 10 of the Code of
Federal Regulations (10 CFR), ``Reporting of Defects and
Noncompliance.''
The DG-1291 provides licensees and applicants with formal guidance
for an acceptable method of evaluating and reporting defects under 10
CFR part 21. This new guidance will aid in minimizing compliance
challenges to licensees and vendors that have been identified through
inspection activities. Specifically, this DG approves NRC licensees'
use of a method of evaluating and reporting defects described in NEI
14-09, ``Guidelines for Implementations of 10 CFR part 21 Reporting of
Defects
[[Page 36458]]
and Noncompliance,'' Revision 1 (ADAMS Accession No. ML16054A825).
III. Specific Request for Comments
The NRC seeks comments on DG-1291, ``Evaluating Deviations and
Reporting Defects and Noncompliance Under 10 CFR part 21,'' and
requests feedback from commenters about potential regulatory positions
that would: (1) Not approve alternative methods for addressing types
and locations of postings required under Sec. 21.6 of the regulations
in this part, Section 206 of the Energy Reorganization Act of 1974, and
the procedures adopted pursuant to the regulations in part 21; and (2)
describe training that should be provided for the implementation of
procedures adopted pursuant to the regulations.
1. The Nuclear Energy Institute (NEI) developed guidance on
implementing the regulatory requirements in 10 CFR part 21. The
guidance is contained in NEI 14-09, ``Guidelines for Implementation of
10 CFR part 21 Reporting of Defects and Noncompliance,'' Revision 1
dated August 2014. The guidance in NEI 14-09 interprets NRC's
regulations to allow postings to be hard copies, digital copies, or a
combination of both. In addition, links to electronic postings may be
identified on ``sites'' commonly frequented by workers during the
performance of work subject to 10 CFR part 21.
The staff position regarding electronic versions of the documents
required by 10 CFR part 21 was provided in ``NRC Responses to 10 CFR
part 21 and Fuel Cycle Facility Questions Received during the Vendor
Workshop on New Reactor Construction,'' in December 2008 (ADAMS
Accession No. ML092660129). Question 27 asked, ``What are the posting
requirements for work at home?'' The NRC staff's response stated,
``Section 21.6 requires that every premise in the U.S. where activities
subject to part 21 are conducted, posts current copies of (1) the
regulations in part 21; (2) Section 206 of the Energy Reorganization
Act of 1974; and (3) company procedures adopted pursuant to the
regulations in part 21 must be posted in a conspicuous location. If
work subject to part 21 is being done at a residence, then that
location constitutes a premise for which the relevant notifications
must be posted under Sec. 21.6. If posting of the regulations is not
practicable at the residence, then the staff considers access to part
21, Section 206, and the company's applicable part 21 reporting
procedure, via the internet by `work at home' personnel to be
adequate.''
The NRC is seeking input regarding the adequacy of alternative
posting methods and what additional clarity could be provided in the
regulatory guide for addressing alternative types and locations of
postings required under Sec. 21.6 for the regulations in this part,
Section 206 of the Energy Reorganization Act of 1974, and the
procedures adopted pursuant to the regulations in this part regardless
of the work location.
2. The guidance in NEI 14-09 states, ``10 CFR part 21 does not
establish requirements for training of personnel involved in 10 CFR
part 21 activities. However, as a good practice, appropriate
familiarization and training in the requirements of 10 CFR part 21
should be provided initially, and as appropriate on an ongoing basis,
as necessary. As another good practice, an organization should
designate individuals capable of assisting the staff in part 21
evaluation, reporting requirements and training requirements.''
The staff position regarding training of personnel involved in 10
CFR part 21 activities was provided in NUREG-0302, ``Remarks Presented
(Questions/Answers Discussed) at Public Regional Meetings to Discuss
Regulations (10 CFR part 21) for Reporting of Defects and
Noncompliance,'' Revision 1, dated July 1977 (ADAMS Accession No.
ML062080399). Question 10 on page 21.61-4 asked, ``Can an organization
be cited under part 21 for not conducting training on procedures
required by part 21?'' The NRC staff's response stated, ``part 21 does
not include a requirement for training.'' However, the NRC's current
position is that training of personnel involved in 10 CFR part 21
activities would be covered under 10 CFR 50.120, ``Training and
qualification of nuclear power plant personnel.''
The NRC is seeking input regarding the position proposed in DG-1291
which approves NEI 14-09 for use because 10 CFR part 21 has no specific
requirements for training and the regulation does not provide guidance
requiring training of personnel.
3. Are there topics that are not addressed in the RG that should be
addressed? Conversely, are there topics addressed in the RG that need
not be addressed?
IV. Backfitting and Issue Finality
This DG approves a method for evaluating and reporting defects
under 10 CFR part 21. Issuance of this DG, if finalized, would not
constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule)
and would not otherwise be inconsistent with the issue finality
provisions in 10 CFR part 52. As discussed in the ``Implementation''
section of this DG, the NRC has no current intention to impose this
guide, if finalized, on holders of current operating licenses or
combined licenses.
Dated at Rockville, Maryland, this 26th day of July, 2017.
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. 2017-16429 Filed 8-3-17; 8:45 am]
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