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 


asabaliauskas on DSKBBXCHB2PROD with NOTICES
Federal Register / Vol. 82, No. 186 / Wednesday, September 27, 2017 / Notices 45075 

applicants to use when developing 

material control and accounting (MC&A) 

system capabilities. This RG pertains to 

the performance, evaluation, and 

reporting of physical inventories and 

material balances at fuel cycle facilities. 

DATES: Revision 0 to RG 5.88 is available 

on September 27, 2017. 

ADDRESSES: Please refer to Docket ID 

NRC–2017–0057 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–2017–0057. 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 publiclyavailable documents online in the 

ADAMS Public Document 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 

it is mentioned in this document. 

Regulatory Guide 5.88 is available in 

ADAMS under Accession No. 

ML17167A292. The regulatory analysis 

supporting Revision 1 is available in 

ADAMS under Accession No. 

ML15268A457. 

• 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. 

FOR FURTHER INFORMATION CONTACT: 

Glenn Tuttle, Office of Nuclear Material 

Safety and Safeguards, 301–415–7230, 

email: Glenn.Tuttle@nrc.gov; or 

Mekonen Bayssie, Office of Nuclear 

Regulatory Research, 301–415–1699, 

email: Mekonen.Bayssie@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. 

Revision 0 of RG 5.88 was issued with 

a temporary identification of draft 

Regulatory Guide, DG–5056. The new 

RG provides updated guidance for 

uranium enrichment facilities as well as 

other type of facilities by incorporating 

relevant guidance from three NUREGs 

without making substantive changes to 

that guidance. 

The RG is titled ‘‘Physical Inventories 

and Material Balances at Fuel Cycle 

Facilities,’’ provides guidance for 

meeting the nuclear material control 

and accounting (MC&A) requirements in 

part 74 of title 10 of the Code of Federal 

Regulations (10 CFR), ‘‘Material Control 

and Accounting of Special Nuclear 

Material,’’ that cover these topics. 

Regulatory Guide 5.88 updates and 

combines in one document guidance 

previously provided by RG 5.13, 

‘‘Conduct of Nuclear Material Physical 

Inventories,’’ published in November 

1973; and RG 5.33, ‘‘Statistical 

Evaluation of Material Unaccounted 

For,’’ published in June 1974. 

Due to several rulemakings that 

occurred from 1985 to 2002 which 

significantly amended the MC&A 

requirements, the above regulatory 

guides became outdated as they no 

longer cite the correct sections of the 

regulations. Accordingly, RG 5.13 and 

RG 5.33 are being withdrawn concurrent 

with the issuance of RG 5.88, which 

provides the correct citations to the 10 

CFR part 74 regulations. 

The NRC’s guidance on the MC&A 

requirements pertaining to the 

performance, evaluation, and reporting 

of physical inventories and material 

balances at fuel cycle facilities is also 

provided in the following NUREGs that 

were issued in conjunction with the 

1985–2002 MC&A rulemakings: 

• NUREG–1280, ‘‘Standard Format 

and Content Acceptance Criteria for the 

Material Control and Accounting 

(MC&A) Reform Amendment,’’ 

applicable to facilities using formula 

quantities of strategic special nuclear 

material (SNM). 

• NUREG–1065, ‘‘Acceptable 

Standard Format and Content for the 

Fundamental Nuclear Material Control 

(FNMC) Plan Required for LowEnriched Uranium Facilities,’’ 

applicable to fuel fabrication facilities 

using low-enriched uranium. 

• NUREG/CR–5734, 

‘‘Recommendations to the NRC on 

Acceptable Standard Format and 

Content for the Fundamental Nuclear 

Material Control (FNMC) Plan Required 

for Low-Enriched Uranium Enrichment 

Facilities,’’ applicable to uranium 

enrichment plants. 

The RG 5.88 incorporates guidance 

from these NUREGs that relates to 

physical inventories and material 

balances for strategic SNM. In addition 

to providing guidance on these topics, 

the NUREGs listed above cover other 

MC&A requirements as well. 

Accordingly, these NUREGs are not 

being withdrawn. 

II. Additional Information 

The NRC published a notice of the 

availability of DG–5056 in the Federal 

Register on February 24, 2017 (82 FR 

11661) for a 60-day public comment 

period. The public comment period 

closed on April 25, 2017. There were no 

public comments received on DG–5056. 

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 

Issuance of RG 5.88 in final form 

would not constitute backfitting as 

defined in 10 CFR 70.76. As discussed 

in the ‘‘Implementation’’ section of RG 

5.88, the NRC has no current intention 

to impose this guidance on holders of 

part 70 licenses. Additionally, RG 5.88 

incorporates relevant guidance from 

NUREG–1280, NUREG–1065, and 

NUREG/CR–5734 without making 

substantive changes to that guidance. 

Accordingly, the issuance of RG 5.88 

does not constitute a ‘‘new’’ or 

‘‘different’’ staff position within the 

definition of ‘‘backfitting’’ in 10 CFR 

70.76. 

Dated at Rockville, Maryland, this 20th 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. 2017–20694 Filed 9–26–17; 8:45 am] 

BILLING CODE 7590–01–P 


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