[Federal Register Volume 83, Number 192 (Wednesday, October 3, 2018)]
[Notices]
[Page 49956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-21534]


-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2017-0183]


Nuclear Criticality Safety Standards for Nuclear Materials 
Outside Reactor Cores

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

-----------------------------------------------------------------------

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing 
Revision 3 to Regulatory Guide (RG) 3.71, ``Nuclear Criticality Safety 
Standards for Nuclear Materials Outside Reactor Cores.'' Revision 3 
endorses guidance in multiple American National Standards Institute/
American Nuclear Society (ANSI/ANS)-8 standards, as well as a specific 
International Organization for Standardization (ISO) Standard. In 
addition, the scope of this guide is expanded to include packaging and 
transportation and certain storage facilities because many of the 
standards are based on broad principles that are not limited solely to 
fuel processing facilities.

DATES: Revision 3 to RG 3.71 is available on October 3, 2018.

ADDRESSES: Please refer to Docket ID NRC-2017-0183 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0183. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; 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 Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, 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. Revision 3 to RG 3.71 and 
the regulatory analysis may be found in ADAMS under Accession Nos. 
ML18169A258 and ML17055B588, 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: Christopher Tripp, Office of Nuclear 
Material Safety and Safeguards, telephone: 301-415-8741, email: 
[email protected], and Harriet Karagiannis, telephone: 301-415-
2493, email: [email protected], Office of Nuclear Regulatory 
Research. Both are staff members of the U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Discussion

    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 3 to 
RG 3.71 describes procedures for preventing nuclear criticality 
accidents in operations that involve handling, processing, storing, or 
transporting special nuclear materials (or a combination of these 
activities).
    Revision 3 was issued with a temporary identification of Draft 
Regulatory Guide, (DG)-3053, ``Nuclear Criticality Safety Standards for 
Nuclear Materials outside Reactor Cores,'' (ADAMS Accession No. 
ML17055B591).
    This revision endorses the most recent American National Standards 
Institute (ANSI)-approved versions of American Nuclear Society (ANS) 
Subcommittee-8 (ANSI/ANS-8) standards, as well as ISO Standard 
7753:1987, ``Nuclear Energy--Performance and Testing Requirements for 
Criticality Detection and Alarm Systems.'' In addition, the scope of 
this guide is expanded beyond 10 CFR part 70 fuel facilities to include 
packaging and transportation under 10 CFR part 71 and storage 
facilities under 10 CFR part 72, because many of the standards are 
based on broad principles that are not limited solely to fuel 
processing facilities.

II. Additional Information

    The NRC published a notice of the availability of DG-3053 in the 
Federal Register on August 24, 2017 (82 FR 40173), for a 60-day public 
comment period. The public comment period closed on October 23, 2017. 
Public comments on DG-3053 and the staff responses to the public 
comments are available under ADAMS under Accession No. ML18169A253.

III. Congressional Review Act

    This RG 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 and Issue Finality

    This RG provides updates based on changes to ANSI/ANS standards, as 
well as endorsing an ISO standard, and expands the scope of the RG 
beyond 10 CFR part 70 to include 10 CFR part 71 and 10 CFR part 72 
licensees. Issuance of RG 3.71 would not constitute backfitting under 
10 CFR part 70 or 10 CFR part 72. As discussed in the 
``Implementation'' section of this RG, the NRC has no current intention 
to impose the RG on current holders of 10 CFR part 70 or 10 CFR part 72 
licenses. The RG could be applied to applications for licenses issued 
under 10 CFR part 70 or 10 CFR part 72 or amendments thereto. Such 
action would not constitute backfitting as defined in 10 CFR 70.76 or 
10 CFR 72.62, inasmuch as such applicants are not within the scope of 
entities protected by 10 CFR 70.76 or 10 CFR 72.62. Backfit and issue 
finality considerations do not apply to licensees and applicants under 
10 CFR part 71.

    Dated at Rockville, Maryland, this 27th day of September 2018.

    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. 2018-21534 Filed 10-2-18; 8:45 am]
 BILLING CODE 7590-01-P