Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Notices 45073 

accordance with the declassification 

guides or guidelines provided by the 

originating agency. If referred, the 

originating agency will process the 

request in accordance with its agency’s 

procedures for mandatory review for 

declassification and communicate its 

determination to the NRC. The NRC will 

be responsible for collecting all agency 

review results and informing the 

requester of any final decision regarding 

the declassification of the requested 

information unless a prior arrangement 

has been made with the originating 

agency. Requests for an MDR made to an 

element of the Intelligence Community 

by anyone other than a citizen of the 

United States or an alien lawfully 

admitted for permanent residence may 

be denied by the receiving Intelligence 

Community element. 

5. If the matter is marked as, or 

potentially contains, Restricted Data, 

Formerly Restricted Data, or 

Transclassified Foreign Nuclear 

Information, then the MDR is processed 

in accordance with 10 CFR part 1045, 

‘‘Nuclear Classification and 

Declassification.’’ 

6. If the matter contains cryptologic 

information then the NRC shall process 

the MDR in accordance with special 

procedures issued by the Secretary of 

Defense and, when cryptologic 

information pertains to intelligence 

activities, the Director of National 

Intelligence. 

7. If the matter contains information 

pertaining to intelligence sources, 

methods, and activities then the NRC 

shall process the MDR in accordance 

with the special procedures issued by 

the Director of National Intelligence. 

8. If the matter contains foreign 

government information and the NRC 

initially received or classified the 

foreign government information, then 

the NRC shall be responsible for making 

a declassification determination after 

consultation with concerned 

governments/agencies. If the NRC did 

not initially receive or classify the 

foreign government information, the 

NRC shall refer the request to the agency 

that received or classified the foreign 

government information for appropriate 

action. In all instances, the NRC may 

consult with the foreign government(s) 

through appropriate channels prior to 

declassification. 

9. If the matter also contains 

unclassified information that is 

potentially exempt from release under 

the Freedom of Information Act, the 

matter is further processed to ensure 

unclassified information that is exempt 

from public release is identified and 

that the appropriate officials responsible 

for denying any classified portion of the 

matter are provided and listed with the 

notice of denial. 

10. When information cannot be 

declassified in its entirety, the NRC will 

make reasonable efforts to release, 

consistent with other applicable laws, 

those declassified portions of the 

requested information that constitute a 

coherent segment. 

11. A final determination shall be 

made on each request within 1 year 

from the date of receipt. 

12. Upon completion of the review, 

the NRC releases the information to the 

requester, unless that information is 

prohibited from release under the 

provisions of a statutory authority. 

13. Upon denial, in whole or in part, 

of an initial request, the NRC’s response 

shall also notify the requester of the 

right to an administrative appeal. 

H. When the Director, Division of 

Security Operations, Office of Nuclear 

Security and Incident Response, denies 

the release of classified matter requested 

under an MDR, the requester may 

appeal the determination to the NRC 

within 60 days of receipt of the denial. 

I. The appeal must be in writing and 

submitted to the Office of the Executive 

Director for Operations, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001. The appeal: 

1. Must include reference to the 

determination being appealed; and 

2. Should specify why the requester 

believes the information does not 

warrant classification. 

J. The NRC shall normally make a 

determination within 60 working days 

following the receipt of an appeal. If 

additional time is required in rendering 

a decision, the NRC will notify the 

requester of the additional time needed 

and the reason for the extension. 

K. The NRC will notify the requester 

in writing of the final decision and of 

the reason(s) for any denial. The NRC 

may refuse to confirm or deny the 

existence or nonexistence of the 

requested information whenever the fact 

of its existence or nonexistence is itself 

classified under E.O. 13526 or successor 

orders. 

L. If the appeal has been denied, the 

NRC shall notify the requester in writing 

of the right to appeal the final NRC 

decision to the Interagency Security 

Classification Appeals Panel (ISCAP). 

The rules and procedures for bringing 

mandatory declassification appeals 

before the ISCAP are published in ‘‘The 

Interagency Security Classification 

Appeals Panel (ISCAP) Bylaws, Rules, 

and Appeal Procedures,’’ dated July 9, 

2012 (77 FR 40261). The appeal to the 

ISCAP must be filed within 60 days of: 

1. The date of the final agency 

decision; 

2. The agency’s failure to provide an 

initial decision on the request for an 

MDR from the agency within 1 year of 

its filing; or 

3. The agency’s failure to provide a 

final decision on an agency-level appeal 

within 180 days of the filing of the 

appeal. 

M. Charges for services (e.g., locating 

and reproducing copies of records) will 

be made, when deemed applicable, in 

accordance with NRC regulations and 

will be consistent with charges for 

information requested under section 

9701 of title 31, United States Code and 

the NRC’s regulations implementing the 

Freedom of Information Act (10 CFR 

9.35—Duplication Fees), or the Privacy 

Act (10 CFR 9.85—Fees). 

II. Instructions for Submitting 

Suggestions or Questions Regarding the 

NRC’s Classified Information Security 

Program 

Requirements regarding the NRC’s 

Classified Information Security Program 

are contained in NRC Management 

Directive 12.2, ‘‘NRC Classified 

Information Security Program,’’ which 

is available for review and printing in 

ADAMS under Accession No. 

ML14142A085. Suggestions or questions 

regarding NRC’s Classified Information 

Security Program should be submitted 

in writing to the U.S. Nuclear 

Regulatory Commission, Director, 

Division of Security Operations, Office 

of Nuclear Security and Incident 

Response, U.S. Nuclear Regulatory 

Commission Washington, DC 20555– 

0001. 

Dated at Rockville, Maryland, this 18th day 

of September, 2017. 

For the U.S. Nuclear Regulatory 

Commission, 

Michael R. Johnson, 

Acting Executive Director for Operations. 

[FR Doc. 2017–20706 Filed 9–26–17; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2017–0056] 

Emergency Planning for Research and 

Test Reactors and Other Non-Power 

Production and Utilization Facilities 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory guide, issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing revision 2 

of Regulatory Guide (RG) 2.6, 

‘‘Emergency Planning for Research and 

Test Reactors and Other Non-Power 


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45074 Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Notices 

Production and Utilization Facilities.’’ 

This RG provides licensees and 

applicants with a method the NRC staff 

considers acceptable for use in 

complying with the regulations on the 

content of emergency plans for research 

and test reactors and other non-power 

production and utilization facilities. 

DATES: Revision 2 of RG 2.6 is available 

on September 27, 2017. 

ADDRESSES: Please refer to Docket ID 

NRC–2017–0056 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 Web site: Go to 

http://www.regulations.gov and search 

for Docket ID NRC–2017–0056. Address 

questions about NRC dockets to Carol 

Gallagher; telephone: 301–415–3463; 

email: Carol.Gallagher@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 

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 pdr.resource@nrc.gov. The 

ADAMS accession number for each 

document referenced (if it is available in 

ADAMS) is provided the first time that 

a document is referenced. Revision 2 of 

RG 2.6 and the regulatory analysis may 

be found in ADAMS under Accession 

numbers ML17263A472 and 

ML16035A477 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 the NRC’s approval is 

not required to reproduce them. 

FOR FURTHER INFORMATION CONTACT: 

Geoffrey Wertz, Office of Nuclear 

Reactor Regulation, telephone: 301– 

415–0893, email: Geoffery.Wertz@

nrc.gov; or Stanley Gardocki, Office of 

Nuclear Regulatory Research, telephone: 

301–415–1067, email: 

Stanley.Gardocki@nrc.gov. Both are staff 

of the U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

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 2 of RG 2.6 was issued with 

a temporary designation of Draft 

Regulatory Guide, DG–2004. The 

purpose of issuing this RG is to provide 

licensees and applicants with a method 

that the staff of the NRC considers 

acceptable for use in complying with 

the regulations on the content of 

emergency plans for research and test 

reactors and other non-power 

production and utilization facilities 

licensed under part 50 of title 10 of the 

Code of Federal Regulations (10 CFR), 

‘‘Domestic Licensing of Production and 

Utilization Facilities.’’ 

II. Additional Information 

The NRC published a notice of the 

availability of DG–2004 in the Federal 

Register on February 24, 2017, (82 FR 

11660) for a 60-day public comment 

period. The public comment period 

closed on April 25, 2017. The NRC 

received one public comment on DG– 

2004. That comment and the NRC’s 

response to it are available in ADAMS 

under Accession No. ML17137A099. 

Revision 2 of RG 2.6 addresses new 

issues identified since the guide was 

last revised in March 1983. This 

revision endorses the latest version of a 

consensus standard developed by the 

American National Standards Institute 

(ANSI) and American Nuclear Society 

(ANS), ANSI/ANS–15.16–2015, 

‘‘Emergency Planning for Research 

Reactors.’’ The NRC also expanded the 

scope of the guide to address non-power 

facilities under 10 CFR part 50, other 

than research and test reactors. Other 

changes to RG 2.6 include editorial 

changes and the current program 

guidance for RGs. 

Revising this regulatory guide to 

adopt, in whole or in part, a consensus 

standard is consistent with the NRC 

policy of evaluating the latest versions 

of national consensus standards to 

determine their suitability for 

endorsement by regulatory guides. This 

approach also complies with the NRC’s 

Management Directive 6.5, ‘‘NRC 

Participation in the Development and 

Use of Consensus Standards’’ (ADAMS 

Accession No. ML16193A497), and is in 

accordance with Public Law 104–113, 

‘‘National Technology Transfer and 

Advancement Act of 1995.’’ 

Copies of ANSI/ANS–15.16–2015 may 

be purchased from the ANS Web site 

(http://www.new.ans.org/store/); or by 

writing to: American Nuclear Society, 

555 North Kensington Avenue, La 

Grange Park, Illinois 60526, U.S.A., 

telephone: 1–800–323–3044. 

III. Congressional Review Act 

This regulatory guide 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 

The regulatory positions in this 

guidance document demonstrate the 

method that the NRC staff finds 

acceptable for an applicant or holder of 

a license under 10 CFR part 50 for a 

research and test reactor and other nonpower production or utilization facility 

to meet the requirements of the 

underlying NRC regulations. The 

issuance of this RG is not backfitting, as 

that term is defined in 10 CFR 50.109, 

‘‘Backfitting,’’ because non-power 

facilities licensed under 10 CFR part 50 

are not included within the scope of 

entities protected by 10 CFR 50.109. 

Dated at Rockville, Maryland, this 21st day 

of September 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. 2017–20693 Filed 9–26–17; 8:45 am] 

BILLING CODE 7590–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2017–0057] 

Regulatory Guide: ‘‘Physical 

Inventories and Material Balances at 

Fuel Cycle Facilities’’ 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Regulatory guide; issuance. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is issuing Revision 0 

of Regulatory Guide (RG) 5.88, 

‘‘Physical Inventories and Material 

Balances at Fuel Cycle Facilities.’’ This 

regulatory guide (RG) describes 

approaches and methods that the staff 

considers acceptable for licensees and 


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