Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 10831 

IV. Congressional Review Act 

This NUREG 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. 

Dated: February 22, 2022. 

For the Nuclear Regulatory Commission. 

John R. Tappert, 

Director, Division of Rulemaking, 

Environmental, and Financial Support, Office 

of Nuclear Material Safety and Safeguards. 

[FR Doc. 2022–04058 Filed 2–24–22; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2021–0194] 

Guidance for Implementation of 10 

CFR 50.59, ‘‘Changes, Tests and 

Experiments,’’ at Non-Power 

Production or Utilization Facilities 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing a new 

Regulatory Guide (RG) 2.8 (Revision 0), 

Guidance for Implementation of 10 CFR 

50.59, ‘‘Changes, Tests and 

Experiments,’’ at Non-Power Production 

or Utilization Facilities. This RG 

describes an approach that is acceptable 

to the NRC staff to meet the regulatory 

requirements, ‘‘Changes, tests and 

experiments,’’ at a non-power 

production and utilization facility, as 

defined in RG 2.8. 

DATES: Revision 0 to RG 2.8 is available 

on February 25, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2021–0194 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 

https://www.regulations.gov and search 

for Docket ID NRC–2021–0194. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. 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 

https://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 

PDR.Resource@nrc.gov. 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, 

by appointment, at the NRC’s Public 

Document Room (PDR), Room P1 B35, 

One White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. To 

make an appointment to visit the PDR, 

please send an email to PDR.Resource@

nrc.gov or call 1–800–397–4209 or 301– 

415–4737, between 8:00 a.m. and 4:00 

p.m. (ET), Monday through Friday, 

except Federal holidays. 

Revision 0 to RG 2.8 and the 

regulatory analysis may be found in 

ADAMS under Accession Nos. 

ML22020A292 and ML21243A104, 

respectively. 

Regulatory guides are not 

copyrighted, and NRC approval is not 

required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: 

Michael Eudy, Office of Nuclear 

Regulatory Research, telephone: 301– 

415–3104, email: Michael.Eudy@nrc.gov 

and Duane Hardesty, Office of Nuclear 

Reactor Regulation, telephone: 301– 

415–3724, email: Duane.Hardesty@

nrc.gov. Both are staff members of the 

U.S. Nuclear Regulatory Commission, 

Washington, DC 20555–0001. 

SUPPLEMENTARY INFORMATION: 

I. Discussion 

The NRC is issuing a new 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. 

RG 2.8 was issued with a temporary 

identification of Draft Regulatory Guide, 

DG–DG–2007 (ADAMS Accession No. 

ML21243A103). 

II. Additional Information 

The NRC published a notice of the 

availability of DG–2007 in the Federal 

Register on November 23, 2021 (86 FR 

66464) for a 30-day public comment 

period. The public comment period 

closed on December 23, 2021. Public 

comments on DG–2007 and the staff 

responses to the public comments are 

available under ADAMS under 

Accession No. ML22020A296. 

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, Forward Fitting, and 

Issue Finality 

The NRC staff may use this RG as a 

reference in its regulatory processes, 

such as licensing, inspection, or 

enforcement. However, the NRC staff 

does not intend to use the guidance in 

this RG to support NRC staff actions in 

a manner that would constitute 

backfitting as that term is defined in 

Section 50.109 of title 10 of the Code of 

Federal Regulations (10 CFR), 

‘‘Backfitting,’’ and as described in NRC 

Management Directive (MD) 8.4, 

‘‘Management of Backfitting, Forward 

Fitting, Issue Finality, and Information 

Requests.’’ However, the backfitting 

provisions in 10 CFR 50.109, do not 

apply to Part 50 licensees other than 

power reactors. The regulatory basis for 

10 CFR 50.109 was expressed solely in 

terms of nuclear power reactors. The 

NRC’s Advanced Notice of Proposed 

Rulemaking, Policy Statement, Proposed 

Rules, and Final Rules for amendments 

to 10 CFR 50.109 in the 1980s involved 

only nuclear power reactors. As a result, 

the NRC has not applied 10 CFR 50.109 

to research reactors, testing facilities, 

and other non-power facilities licensed 

under 10 CFR part 50 (e.g., ‘‘Final Rule; 

Clarification of Physical Protection 

Requirements at Fixed Sites’’). In a 2012 

final rule concerning non-power 

reactors, the NRC stated, ‘‘The NRC has 

determined that the backfit provisions 

in 10 CFR 50.109 do not apply to test, 

research, or training reactors because 

the rulemaking record for 10 CFR 50.109 

indicates that the Commission intended 

to apply this provision to only power 

reactors, and NRC practice has been 

consistent with this rulemaking record’’ 

(‘‘Final Rule; Requirements for 

Fingerprint-Based Criminal History 

Records Checks for Individuals Seeking 

Unescorted Access to Non-Power 

Reactors’’). 

V. Submitting Suggestions for 

Improvement of Regulatory Guides 

A member of the public may, at any 

time, submit suggestions to the NRC for 

improvement of existing RGs or for the 

development of new RGs. Suggestions 

can be submitted on the NRC’s public 


lotter on DSK11XQN23PROD with NOTICES1
10832 Federal Register / Vol. 87, No. 38 / Friday, February 25, 2022 / Notices 

website at https://www.nrc.gov/readingrm/doc-collections/reg-guides/ 

contactus.html. Suggestions will be 

considered in future updates and 

enhancements to the ‘‘Regulatory 

Guide’’ series. 

Dated: February 22, 2022. 

For the Nuclear Regulatory Commission. 

Meraj Rahimi, 

Chief, Regulatory Guide and Programs 

Management Branch, Division of Engineering, 

Office of Nuclear Regulatory Research. 

[FR Doc. 2022–03993 Filed 2–24–22; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–003, 50–247, 50–286, and 

72–051; NRC–2022–0021] 

Holtec Decommissioning International, 

LLC; Indian Point Nuclear Generating 

Station; Units 1, 2, and 3; Exemption 

From Certain Low-Level Waste 

Shipment Tracking Requirements 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Exemption; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing an 

exemption in response to a request 

dated November 19, 2021, from Holtec 

Decommissioning International, LLC 

(HDI), for Indian Point Nuclear 

Generating Station Units 1, 2, and 3 or 

Indian Point Energy Center (IPEC), from 

the requirement to investigate, trace, 

and report to the NRC any low-level 

radioactive waste shipment or part of a 

shipment for which acknowledgement 

of receipt is not received by HDI within 

20 days after transfer from IPEC. HDI 

requested that this time period be 

extended from 20 to 45 days. HDI 

requested this change to avoid the 

administrative burden of investigating, 

tracing, and reporting on shipments that 

continue to be under requisite controls. 

DATES: The exemption was issued on 

February 14, 2022. 

ADDRESSES: Please refer to Docket ID 

NRC–2022–0021 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 

https://www.regulations.gov and search 

for Docket ID NRC–2022–0021. Address 

questions about Docket IDs in 

Regulations.gov to Stacy Schumann; 

telephone: 301–415–0624; email: 

Stacy.Schumann@nrc.gov. For technical 

questions, contact the individual 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 

https://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 

PDR.Resource@nrc.gov. 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, 

by appointment, at the NRC’s PDR, 

Room P1 B35, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland 20852. To make an 

appointment to visit the PDR, please 

send an email to PDR.Resource@nrc.gov 

or call 1–800–397–4209 or 301–415– 

4737, between 8:00 a.m. and 4:00 p.m. 

(ET), Monday through Friday, except 

Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Zahira Cruz Perez, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555–0001; telephone: 

301–415–3808, email: 

Zahira.CruzPerez@nrc.gov. 

SUPPLEMENTARY INFORMATION: The text of 

the exemption is attached. 

Dated: February 22, 2022. 

For the Nuclear Regulatory Commission. 

Bruce A. Watson, 

Chief, Reactor Decommissioning Branch, 

Division of Decommissioning, Uranium 

Recovery and Waste Programs, Office of 

Nuclear Material Safety and Safeguards. 

NUCLEAR REGULATORY 

COMMISSION 

Docket Nos. 50–003, 50–247, 50–286, 

72–051 

Holtec Decommissioning International, 

LLC 

Indian Point Nuclear Generating 

Station Units Nos. 1, 2, and 3 

Exemption From Certain Low-Level 

Waste Shipment Tracking 

Requirements 

I. Background 

Indian Point Nuclear Generating 

Station Units 1, 2, and 3 or Indian Point 

Energy Center (IPEC), is licensed to 

Holtec Decommissioning International, 

LLC (HDI) under Title 10 of the Code of 

Federal Regulations (10 CFR) Part 50 

(provisional license DPR–5, renewed 

license DPR–26 and DPR–64, Docket 

Nos. 50–003, 50–247, 50–286, 

respectively). The facilities consist of 

three pressurized-water reactors located 

in Buchanan, New York, in Westchester 

County, all of which are permanently 

shut down. IPEC Unit No. 1 was 

permanently shut down in 1974 and is 

in defueled status, IPEC Unit Nos. 2 and 

3 permanently ceased operations on 

April 30, 2020, and April 30, 2021, 

respectively. Fuel was permanently 

removed from IPEC Unit Nos. 2 and 3 

and placed in spent fuel pools on May 

12, 2020, and May 11, 2021, 

respectively. 

HDI is currently decommissioning the 

IPEC facility. Inherent to the 

decommissioning process, large 

volumes of low-level radioactive waste 

are generated. This low-level radioactive 

waste requires processing and disposal 

or disposal without processing, as 

appropriate. To this end, HDI will 

transport, by truck or by mixed mode 

shipments like a combination of truck 

and rail, low-level radioactive waste 

from IPEC to locations such as the waste 

disposal facility operated by Waste 

Control Specialists (WCS) in Andrews, 

Texas. The estimated license 

termination date for IPEC is 2062, and 

the estimated date for partial site 

release, for the entire site except for the 

Independent Spent Fuel Storage 

Installation (ISFSI), is 2033. The site 

restoration activities will be completed 

by 2062. HDI projects that all 

decommissioning activities, except for 

decommissioning the ISFSI, will be 

completed by early 2032, and expects to 

complete transfer of spent fuel to the 

ISFSI by 2024. 

II. Request/Action 

By letter dated November 19, 2021 

(Agencywide Documents Access and 

Management System [ADAMS] 

Accession No. ML21323A070), as 

supplemented on February 3, 2022 

(ADAMS Accession No. ML22034A603), 

HDI requested an exemption from 

certain requirements 10 CFR part 20, 

‘‘Standards for Protection Against 

Radiation,’’ Appendix G, ‘‘Requirements 

for Transfers of Low-Level Radioactive 

Waste Intended for Disposal at Licensed 

Land Disposal Facilities and Manifests,’’ 

Section III.E for shipments of low-level 

radioactive waste from IPEC. As 

indicated by HDI in its request, this 

regulation requires HDI to investigate, 

trace, and report to the NRC any lowlevel radioactive waste shipment or part 

of a shipment for which 

acknowledgement of receipt is not 

received by HDI within 20 days after 

transfer. HDI requested that this time 


lotter on DSK11XQN23PROD with NOTICES1