Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules 27921 

In addition, the recommended late 

charge and interest rate were considered 

reasonable by industry members who 

participated in the discussion of this 

issue. Since the proposed late payment 

charge and interest rate are percentages 

of amounts due, the costs, when 

applicable, are proportionate and would 

not place an extra burden on small 

entities as compared to large entities. In 

addition, the industry overall would 

benefit if handler reports and 

assessments were collected on time and 

the Committee’s compliance costs were 

reduced regardless of entity size. 

The Committee discussed alternatives 

to this change, including not making a 

change to the delinquent assessment 

requirements. However, a number of 

members commented that if some 

handlers were not paying on time, a 

change was necessary. The Committee 

also considered increasing the interest 

rate accrual to daily rather than 

monthly, but this option could result in 

an interest charge that was 

disproportionately large and was 

considered to be beyond the scope of 

what is reasonable and customary under 

marketing order programs. Thus, these 

alternatives were rejected. 

The proposed action would not 

impose any additional reporting or 

recordkeeping requirements on either 

small or large Vidalia onion handlers. 

As with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E–Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this proposed rule. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Vidalia onion industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the 

February 17, 2011, meeting was a public 

meeting and all entities, both large and 

small, were able to express views on 

this issue. Finally, interested persons 

are invited to submit comments on this 

proposed rule, including the regulatory 

and informational impacts of this action 

on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

A 15-day comment period is provided 

to allow interested persons to respond 

to this proposal. Fifteen days is deemed 

appropriate because this rule would 

need to be in place as soon as possible 

as the Committee’s fiscal period began 

in January 2011 and handlers began 

shipping onions in April. Further, 

handlers are aware of the action, which 

was unanimously recommended by the 

Committee at a public meeting on 

February 17, 2011. All written 

comments timely received will be 

considered before a final determination 

is made on this matter. 

List of Subjects in 7 CFR Part 955 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 955 is proposed to 

be amended as follows: 

PART 955—VIDALIA ONIONS GROWN 

IN GEORGIA 

1. The authority citation for 7 CFR 

part 955 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Section 955.142 is amended by 

designating the first paragraph as (a) and 

the second, (b), and revising newly 

designated paragraph (b) to read as 

follows: 

§ 955.142 Delinquent assessments. 

* * * * * 

(b) Each handler shall pay interest of 

1.5 percent per month on any 

assessments levied pursuant to § 955.42 

and on any accrued unpaid interest 

beginning the day immediately after the 

date the monthly assessments were due, 

until the delinquent handler’s 

assessments, plus applicable interest, 

have been paid in full. In addition to the 

interest charge, the Committee shall 

impose a late payment charge on any 

handler whose assessment payment has 

not been received within 10 days of the 

due date. The late payment charge shall 

be 10 percent of the late assessments. 

Dated: May 9, 2011. 

Ellen King, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–11711 Filed 5–12–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 989 

[Docket No. AMS–FV–11–0013; FV11–989– 

1 PR] 

Raisins Produced From Grapes Grown 

in California; Increase in Desirable 

Carryout Used To Compute Trade 

Demand 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule would increase the 

desirable carryout used to compute the 

yearly trade demand for Natural (sundried) Seedless (NS) raisins covered 

under the Federal marketing order for 

California raisins (order). The order 

regulates the handling of raisins 

produced from grapes grown in 

California and is administered locally 

by the Raisin Administrative Committee 

(committee). This rule would increase 

the amount of tonnage available early in 

the season when volume regulation is 

implemented, and is expected to help 

the industry meet its market needs. 

DATES: Comments must be received by 

June 13, 2011. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: http:// 

www.regulations.gov. All comments 

submitted in response to this rule will 

be included in the record and will be 

made available to the public. Please be 

advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior Marketing 

Specialist, or Kurt J. Kimmel, Regional 

Manager, California Marketing Field 

Office, Fruit and Vegetable Programs, 

AMS, USDA, 2202 Monterey Street, 

Suite 102B, Fresno, California 93721; 

Telephone: (559) 487–5901, Fax: (559) 

487–5906; or E-mail: 

Terry.Vawter@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

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27922 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules 

DC 20250–0237; Telephone (202) 720– 

2491; Fax: (202) 720–8938; or E-mail: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 989 (7 CFR part 989), 

both as amended, regulating the 

handling of raisins produced from 

grapes grown in California, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. A handler 

is afforded the opportunity for a hearing 

on the petition. After the hearing, USDA 

would rule on the petition. The Act 

provides that the district court of the 

United States in any district in which 

the handler is an inhabitant, or has his 

or her principal place of business, has 

jurisdiction in equity to review USDA’s 

ruling on the petition, provided an 

action is filed not later than 20 days 

after the date of the entry of the ruling. 

This rule would increase the desirable 

carryout used to compute the yearly 

trade demand for NS raisins regulated 

under the order. ‘‘Trade demand’’ is 

computed based on a formula specified 

in the order, and is used to determine 

volume regulation percentages for each 

crop year, if necessary. ‘‘Desirable 

carryout,’’ one component of this 

formula, is the amount of tonnage 

carried in from the prior crop year 

which is considered necessary to meet 

market needs, before raisins from the 

new crop year are available. 

Currently, the desirable carryout for 

NS raisins is defined as: the total 

shipments of free tonnage during 

August and September of each of the 

past 5 crop years, converted to a natural 

condition basis, dropping the high and 

low figures, and dividing the remaining 

sum by three, or 60,000 natural 

condition tons, whichever is higher. 

This rule would increase the desirable 

carryout to 85,000 natural condition 

tons, with no further calculations 

required. This action was unanimously 

recommended by the committee at a 

meeting held on February 23, 2011. 

It should be noted that the desirable 

carryout for raisin varieties other than 

NS are not impacted by this proposal. 

The order provides authority for 

volume regulation designed to promote 

orderly marketing conditions, stabilize 

prices and supplies, and improve 

producer returns. When volume 

regulation is in effect, a certain 

percentage of the California raisin crop 

may be sold by handlers to any market 

(free tonnage) while the remaining 

percentage must be held by handlers in 

a reserve pool (reserve) for the account 

of the committee. 

Reserve raisins are disposed of 

through certain programs authorized 

under the order. For instance, reserve 

raisins may be sold by the committee to 

handlers for free use or to replace part 

of the free tonnage raisins they 

exported; used in diversion programs; 

carried over as a hedge against a short 

crop the following year; or disposed of 

in other outlets not competitive with 

those for free tonnage raisins, such as 

government purchase, distilleries, or 

animal feed. Funds generated from sales 

of reserve raisins are also used to 

support handler sales to export markets. 

Net proceeds from sales of reserve 

raisins are ultimately distributed to the 

reserve pool’s equity holders, primarily 

producers. 

Section 989.54 of the order prescribes 

procedures to be followed in 

establishing volume regulation and 

includes methodology used to calculate 

volume regulation percentages. Trade 

demand is based on a computed formula 

specified in this section, and is also part 

of the formula used to determine 

volume regulation percentages. Trade 

demand is equal to 90 percent of the 

prior year’s shipments, adjusted by the 

carryin and desirable carryout 

inventories. 

At one time, § 989.54(a) also specified 

actual tonnages for desirable carryout 

for each varietal type regulated. 

However, in 1989, these tonnages were 

suspended from the order, and 

flexibility was added so that the 

committee could adopt other methods 

for arriving at a desirable carryout in the 

order’s rules and regulations. The 

current formula has allowed the 

committee to periodically adjust the 

desirable carryout to better reflect 

changes in marketing conditions, as 

they have since 1989, most recently in 

2000 and 2002. 

The formula for desirable carryout has 

been specified since 1989 in § 989.154. 

Initially, the formula was established so 

that desirable carryout was based on 

shipments for the first 3 months of the 

prior crop year—August, September, 

and October (the crop year runs from 

August 1 through July 31). The formula 

has been changed over the years because 

the committee believed that an 

excessive supply of raisins was 

available early in a new crop year, 

which contributed to unstable market 

conditions. 

However, given recent worldwide 

shortages of NS raisins, a favorable 

monetary exchange rate, and the 

extremely low inventory carried in by 

the industry at the beginning of the 

2010–11 crop year, the committee 

determined that the current trade 

demand formula would not provide 

enough raisins to meet market demands 

when volume regulation is 

implemented, especially in the early 

part of the crop year when supplies can 

be tight. Thus, the committee 

recommended increasing the desirable 

carryout component of the formula. This 

change would also allow desirable 

carryout of NS raisins to more 

accurately reflect the amount of NS 

raisins that handlers actually hold in 

inventory at the end of a crop year, or 

about 100,000 tons. 

The Committee’s Recommendation 

At a meeting on February 23, 2011, 

the committee reviewed the desirable 

carryout level. Most committee 

members believe that the supply of free 

tonnage raisins on the market has 

become tight, and the carryout balance 

has resulted in market shortages and 

missed marketing opportunities in the 

early part of the season. The following 

table illustrates handler inventories for 

NS raisins have generally been 

declining in recent years, with the 

exception of 2009–10. 

CARRYOUT INVENTORY OVER PAST 6 

YEARS

Crop year 

NS carryout 

inventory 

(natural condition tons) 

2010–11 ................................ 83,143 

2009–10 ................................ 126,824 

2008–09 ................................ 106,249 

2007–08 ................................ 105,430 

2006–07 ................................ 111,444 

2005–06 ................................ 114,792 

Committee staff estimated that this 

change to the desirable carryout level 

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Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules 27923 

would increase the 2011–12 trade 

demand for NS raisins by 15,000 tons. 

Increasing the trade demand will 

increase the free tonnage percentage, 

making more free tonnage available to 

handlers for immediate use. The effect 

of increased free tonnage would be to 

decrease any reserve pool which might 

be established. 

NS raisins are the major commercial 

varietal type of raisin produced in 

California. With the exception of the 

1998–99, 2003–04, and 2010–11 crop 

years, volume regulation has been 

implemented for NS raisins every year 

since 1983. 

Initial Regulatory Flexibility Act 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

initial regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 28 handlers 

of California raisins who are subject to 

regulation under the order and 

approximately 3,000 raisin producers in 

the regulated area. The Small Business 

Administration (13 CFR 121.201) 

defines small agricultural service firms 

as those having annual receipts of less 

than $7,000,000, and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000. 

Based upon shipment data and other 

information provided by the committee, 

it may be concluded that a majority of 

producers and approximately 18 

handlers of California raisins may be 

classified as small entities. 

This rule would increase the desirable 

carryout used to compute the yearly 

trade demand for raisins regulated 

under the order. ‘‘Trade demand’’ is 

computed based on a formula specified 

under § 989.54(a) of the order. It is also 

part of another formula used to 

determine volume regulation 

percentages for each crop year, if 

necessary. ‘‘Desirable carryout,’’ one 

component of this formula, is the 

amount of tonnage from the prior crop 

year needed during the first part of the 

next crop year to meet market needs, 

before new crop raisins are available. 

Currently, the desirable carryout for 

Natural (sun-dried) Seedless (NS) 

raisins is defined as: the total shipments 

of free tonnage during August and 

September of each of the past 5 crop 

years, converted to a natural condition 

basis, dropping the high and low 

figures, and dividing the remaining sum 

by three, or 60,000 natural condition 

tons, whichever is higher. 

This rule would increase the desirable 

carryout to 85,000 natural condition 

tons, with no calculations required. This 

action was unanimously recommended 

by the committee at a meeting held on 

February 23, 2011. 

The desirable carryout level applies 

uniformly to all handlers in the 

industry, whether small or large, and 

there are no known additional costs 

incurred by small handlers. As 

previously mentioned, increasing the 

desirable carryout will increase the 

trade demand and free tonnage 

percentage, thus making more raisins 

available to handlers early in the season. 

This action is expected to provide more 

raisins at the beginning of each crop 

year to meet early demand, thereby 

improving market conditions at a time 

period when optimum shipments are 

advantageous—in time for the holidays. 

Holiday shipments begin in August, 

before new-crop raisins are available, 

and continue through October, and have 

traditionally been the highest shipment 

period, as buyers prepare for increased 

holiday sales of raisins and goods 

containing raisins. 

The committee has an appointed 

subcommittee, the Administrative 

Issues Subcommittee (subcommittee), 

which periodically holds public 

meetings to discuss changes to the order 

and other issues. The subcommittee met 

on February 1, 2011, and discussed 

desirable carryout, considering a 

number of alternative levels of desirable 

carryout. While there was no opposition 

to increasing the desirable carryout, 

some industry members supported 

making the NS desirable carryout 90,000 

natural condition tons, while some 

suggested that 80,000 natural condition 

tons was a good alternative. Still others 

suggested that the ideal number might 

be closer to 100,000 natural condition 

tons, in keeping with the average of the 

last several years’ actual inventory 

carried in at the beginning of the crop 

year, 106,000 natural condition tons. 

The 85,000 natural condition tons 

ultimately recommended was a 

compromise reached during 

subcommittee deliberations of the 

alternatives. 

On February 23, 2011, the 

subcommittee met again and further 

discussed desirable carryout before 

recommending to the full committee 

that the desirable carryout be increased 

for NS raisins from the current formula 

or 60,000 natural condition tons, 

whichever is greater, to simply 85,000 

natural condition tons. Ultimately, the 

full committee adopted the 

subcommittee’s recommendation, and 

unanimously recommended the change 

to USDA. 

This proposed rule would impose no 

additional reporting or recordkeeping 

requirements on either small or large 

raisin handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In addition, the subcommittee’s 

meetings on February 1, 2011, and 

February 23, 2011; and the committee’s 

meeting on February 23, 2011, were 

public meetings, widely publicized 

throughout the raisin industry. All 

interested persons were invited to 

attend the meetings and encouraged to 

participate in the industry’s 

deliberations. Finally, all interested 

persons are invited to submit 

information on the regulatory and 

informational impacts of this action on 

small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at the following web site: 

http://www.ams.usda.gov/fv/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

A 30-day comment period is provided 

to allow interested persons to comment 

on this rule. Thirty days is deemed 

appropriate because the committee must 

meet to compute trade demand on or 

before August 15, and desirable carryout 

is one component needed for the trade 

demand formula. 

This rule invites comments on 

increasing the desirable carryout level 

specified under the order’s regulations. 

All written comments timely received 

will be considered before a final 

determination is made on this matter. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

27924 Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Proposed Rules 

List of Subjects in 7 CFR Part 989 

Grapes, Marketing agreements, 

Raisins, Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 989 is proposed to 

be amended as follows: 

PART 989—RAISINS PRODUCED 

FROM GRAPES GROWN IN 

CALIFORNIA 

1. The authority citation for 7 CFR 

part 989 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. In § 989.154, the first sentence of 

paragraph (a) is revised to read as 

follows: 

§ 989.154 Marketing policy computations. 

(a) * * * The desirable carryout level 

to be used in computing and 

announcing a crop year’s marketing 

policy for Natural (sun-dried) Seedless 

raisins shall be 85,000 natural condition 

tons. * * * 

* * * * * 

Dated: May 9, 2011. 

Ellen King, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–11715 Filed 5–12–11; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Parts 2 and 52 

[NRC–2011–0102] 

RIN 3150–AI77 

Draft Regulatory Guide, Guidance for 

ITAAC Closure 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Draft regulatory guide; request 

for comment. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment Draft Regulatory Guide (DG)– 

1250, ‘‘Guidance for ITAAC Closure 

Under 10 CFR Part 52.’’ The DG–1250 

describes a method that the staff of the 

NRC considers acceptable for use in 

satisfying the requirements for 

documenting the completion of 

inspections, tests, analyses, and 

acceptance criteria (ITAAC). 

DATES: Submit comments on Draft 

Regulatory Guide, DG–1250 by July 25, 

2011. 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: Please include Docket ID 

NRC–2011–0102 in the subject line of 

your comments. Comments submitted in 

writing or in electronic form will be 

posted on the NRC Web site and on the 

Federal rulemaking Web site, http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. 

The NRC requests that any party 

soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. You may submit 

comments by any one of the following 

methods: 

• Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2011–0102. Address questions 

about NRC dockets to Carol Gallagher, 

telephone: 301–492–3668; e-mail: 

Carol.Gallagher@nrc.gov. 

• Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

• Fax comments to: RADB at 301– 

492–3446. 

You can access publicly available 

documents related to this notice using 

the following methods: 

• NRC’s Public Document Room 

(PDR): The public may examine and 

have copied, for a fee, publicly available 

documents at the NRC’s PDR, O1–F21, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): Publicly available documents 

created or received at the NRC are 

available online in the NRC Library at 

http://www.nrc.gov/reading-rm/ 

adams.html. From this page, the public 

can gain entry into ADAMS, which 

provides text and image files of the 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–800–397–4209, 

301–415–4737, or by e-mail to 

pdr.resource@nrc.gov. Electronic copies 

of DG–1250 are available through the 

NRC’s public Web site under Draft 

Regulatory Guides in the ‘‘Regulatory 

Guides’’ collection of the NRC Library at 

http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also 

available in ADAMS (http:// 

www.nrc.gov/reading-rm/adams.html), 

under Accession No. ML102530401. 

The regulatory analysis may be found in 

ADAMS under Accession No. 

ML102530440. 

• Federal Rulemaking Web Site: 

Public comments and supporting 

materials related to this notice can be 

found at http://www.regulations.gov by 

searching on Docket ID NRC–2011– 

0102. 

FOR FURTHER INFORMATION CONTACT: 

R.A. Jervey, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001, telephone: 301–251–7404; e-mail: 

Richard.Jervey@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

The NRC is issuing for public 

comment a draft guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public such information 

as 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 problems or 

postulated accidents, and data that the 

staff needs in its review of applications 

for permits and licenses. 

The draft regulatory guide is 

temporarily identified by its task 

number, DG–1250, which should be 

mentioned in all related 

correspondence. The DG–1250 is 

proposed Revision 1 of Regulatory 

Guide 1.215, dated October 2010. 

This guide describes a method that 

the staff of the NRC considers 

acceptable for use in satisfying the 

requirements for documenting the 

completion of ITAAC. Since the ITAAC 

process has yet to be used for a 

combined license review under Title 10 

of the Code of Federal Regulations (10 

CFR) Part 52, this revision includes 

refinements in the ITAAC process as the 

NRC develops experience with expected 

practices by licensees. Further changes 

may be recommended following 

additional experience with this process. 

In general, this revision provides 

clarifying information sufficient to 

endorse the methodologies described in 

the industry guidance document, 

Nuclear Energy Institute (NEI) 08–01, 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS