10 CFR Parts 40, 70, 72, Proposed Guidance for Fuel Cycle Facility; Material Contrrol and Accounting Plans and Completing NRC Form 327 and Amendments to Material Control and Accounting Regulations; PR

Vol. 78

Friday,

No. 217

November 8, 2013

Part II

Nuclear Regulatory Commission

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10 CFR Parts 40, 70, 72, et al.
Proposed Guidance for Fuel Cycle Facility; Material Control and Accounting
Plans and Completing NRC Form 327 and Amendments to Material
Control and Accounting Regulations; Proposed Rules

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Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Proposed Rules

Nuclear Regulatory Commission
10 CFR Parts 40, 70, 72, 74, and 150
[NRC–2013–0195]
RIN 3150–AI61

Proposed Guidance for Fuel Cycle
Facility; Material Control and
Accounting Plans and Completing
NRC Form 327
Nuclear Regulatory
Commission.
ACTION: Draft NUREGs; request for
comment.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) is making available
for public comment the following draft
NUREGs: NUREG–1280, Revision 2,
‘‘Acceptable Standard Format and
Content for the Material Control and
Accounting (MC&A) Plan Required for
Strategic Special Nuclear Material;’’
NUREG–2159, ‘‘Acceptable Standard
Format and Content for the Material
Control and Accounting (MC&A) Plan
Required for Special Nuclear Material of
Moderate Strategic Significance;’’
NUREG–1065, Revision 3, ‘‘Acceptable
Standard Format and Content for the
Material Control and Accounting
(MC&A) Plan Required for Special
Nuclear Material of Low Strategic
Significance;’’ NUREG–2158 (formerly
NUREG/CR–5734), ‘‘Acceptable
Standard Format and Content for the
Material Control and Accounting
(MC&A) Plan Required for Low
Enriched Uranium Enrichment
Facilities;’’ and NUREG/BR–0096,
Revision 2, ‘‘Instructions and Guidance
for Completing Physical Inventory
Summary Reports.’’ The NUREGs
support a proposed rule (RIN 3150–
AI61; NRC–2009–0096) amending the
NRC’s MC&A regulations applicable to
various types of special nuclear material
(SNM). The proposed rule is being
published in the Proposed Rule section
of this issue of the Federal Register.
DATES: Submit comments by February
18, 2014. Comments received after this
date will be considered if it is practical
to do so, but the NRC staff is able to
ensure consideration only for comments
received on or before this date.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2013–0195. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For

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SUMMARY:

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technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Mail comments to: Cindy Bladey,
Chief, Rules, Announcements, and
Directives Branch (RADB), Office of
Administration, Mail Stop: 3WFN–06A–
44MP, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Thomas Pham, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–287–9132, email: Tom.Pham@
nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and
Submitting Comments
A. Accessing Information
Please refer to Docket ID NRC–2013–
0195 when contacting the NRC about
the availability of information regarding
this notice. You may access publicly
available information by any of the
following methods:
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2013–0195.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at http://www.nrc.gov/readingrm/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. For the
convenience of the reader, the ADAMS
accession numbers are provided in a
table in Section III, ‘‘Availability of
Documents,’’ of this document.
• 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.
B. Submitting Comments
Please include Docket ID NRC–2013–
0195 in the subject line of your
comment submission, in order to ensure
that the NRC is able to make your
comment submission available to the
public in this docket.

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The NRC cautions you not to include
identifying or contact information that
you do not want to be publicly
disclosed in you comment submission.
The NRC will post all comment
submissions at http://
www.regulations.gov as well as enter the
comment submissions into ADAMS.
The NRC does not routinely edit
comment submissions to remove
identifying or contact information.
If you are requesting or aggregating
comments from other persons for
submission to the NRC, then you should
inform those persons not to include
identifying or contact information that
they do not want to be publicly
disclosed in their comment submission.
Your request should state that the NRC
does not routinely edit comment
submissions to remove such information
before making the comment
submissions available to the public or
entering the comment submissions into
ADAMS.
II. Discussion
Draft NUREGs 1280, 2159, and 1065
provide fuel cycle licensees (i.e., those
authorized to hold strategic SNM, SNM
of moderate strategic significance, and
SNM of low strategic significance,
respectively) guidance to facilitate
compliance with applicable provisions
in part 74 of Title 10 of the Code of
Federal Regulations (10 CFR), ‘‘Material
Control and Accounting of Special
Nuclear Material.’’ Draft NUREG–2158
provides similar guidance to the subset
of licensees authorized to hold SNM of
low strategic significance who engage in
uranium enrichment operations. Except
for NUREG–2159—which is a new
NUREG for any future licensees and
applicants who may request
authorization to hold SNM of moderate
strategic significance—the NUREGs
would revise existing guidance. The
NUREGs are being revised to
incorporate the proposed changes and
enhancements to 10 CFR part 74.
Generally, the four draft guidance
documents discuss acceptable methods
licensees and applicants may use to
prepare and implement their MC&A
plans, and how the NRC will review and
inspect these plans. Additionally, these
four draft NUREGs address: (1) The
proposed general performance
objectives; (2) the proposed MC&A
program capabilities to meet those
objectives; and (3) the incorporation of
checks and balances to detect
falsification of data and reports that
could conceal the theft or diversion of
SNM. The SNM licensees can find
instructions on the following in
NUREG/BR–0096: (1) Using NRC Form
327 to report inventory differences (IDs)

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Federal Register / Vol. 78, No. 217 / Friday, November 8, 2013 / Proposed Rules
and (2) associated information needed
to evaluate IDs. Such IDs may result
from the physical inventories required

NUREG/BR–0096 to update and clarify
its terms.
III. Availability of Documents

Document

ADAMS
Accession No.

NUREG–1280, Revision 2, ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan
Required for Strategic Special Nuclear Material’’.
NUREG–2159, ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan Required for
Special Nuclear Material of Moderate Strategic Significance’’.
NUREG–1065, Revision 3, ‘‘Acceptable Standard Format and Content for the Material Control and Accounting (MC&A) Plan
Required for Special Nuclear Material of Low Strategic Significance’’.
NUREG–2158, (formerly NUREG/CR–5734) ‘‘Acceptable Standard Format and Content for the Material Control and Accounting
(MC&A) Plan Required for Low Enriched Uranium Enrichment Facilities’’.
NUREG/BR–0096, Revision 2, ‘‘Instructions and Guidance for Completing Physical Inventory Summary Reports’’ .......................

ML13253A308

Dated at Rockville, Maryland, this
September 17, 2013.
For the Nuclear Regulatory Commission.
Marissa G. Bailey,
Director, Division of Fuel Cycle Safety and
Safeguards, Office of Nuclear Material Safety
and Safeguards.
[FR Doc. 2013–25612 Filed 11–7–13; 8:45 am]
BILLING CODE 7590–01–P

NUCLEAR REGULATORY
COMMISSION
10 CFR Parts 40, 70, 72, 74, and 150
[NRC–2009–0096]
RIN 3150–AI61

Amendments to Material Control and
Accounting Regulations
Nuclear Regulatory
Commission.
ACTION: Proposed rule.
AGENCY:

The U.S. Nuclear Regulatory
Commission (NRC) is proposing to
amend its regulations for material
control and accounting (MC&A) of
special nuclear material (SNM). The
goal of this rulemaking is to revise and
consolidate the MC&A requirements in
order to update, clarify, and strengthen
them. The proposed amendments add
new requirements that would apply to
NRC licensees who are authorized to
possess SNM in a quantity greater than
350 grams.
DATES: Submit comments on the rule by
February 18, 2014. Submit comments
specific to the information collections
aspects of this rule by December 9,
2013. Comments received after these
dates will be considered if it is practical
to do so, but the NRC is able to assure
consideration only for comments
received on or before these dates.
ADDRESSES: You may submit comments
by any of the following methods (unless
this document describes a different
SUMMARY:

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by 10 CFR 74.31(c)(5), 74.33(c)(4),
74.43(c)(7), or 74.59(f). We are revising

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method for submitting comments on a
specific subject):
• Federal Rulemaking Web site: Go to
http://www.regulations.gov and search
for Docket ID NRC–2009–0096. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• Email comments to:
Rulemaking.Comments@nrc.gov. If you
do not receive an automatic email reply
confirming receipt, then contact us at
301–415–1677.
• Fax comments to: Secretary, U.S.
Nuclear Regulatory Commission at 301–
415–1101.
• Mail comments to: Secretary, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, ATTN:
Rulemakings and Adjudications Staff.
• Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland
20852, between 7:30 a.m. and 4:15 p.m.
(Eastern Time) Federal workdays;
telephone: 301–415–1677.
For additional direction on accessing
information and submitting comments,
see ‘‘Accessing Information and
Submitting Comments’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Thomas Young, Office of Federal and
State Materials and Environmental
Management Programs, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone: 301–415–
5795, email: Thomas.Young@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Accessing Information and Submitting
Comments
II. Introduction and Summary of Proposed
Revisions to MC&A Regulations
III. Specific Request for Comments on the
Proposed New Requirements
IV. Discussion
A. Whom would this action affect?

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ML13253A310
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B. Why are the requirements being revised?
C. When would these actions become
effective?
D. How does the NRC use a graded
approach for MC&A?
E. What are the changes to the general
performance objectives?
F. Are sealed sources included in the
general performance requirements for
Category II and III facilities?
G. Why would newly defined terms be
added to 10 CFR 74.4?
H. Why would the term, ‘‘effective
kilograms of special nuclear material,’’
be removed from 10 CFR part 74?
I. Why would appendix A to 10 CFR part
74 be added?
J. Why would references to the MC&A
‘‘system’’ be changed to the MC&A
‘‘program,’’ and why would ‘‘MC&A
plan’’ replace ‘‘FNMC plan?’’
K. What would change in the reporting
requirements to the NMMSS, including
those that ISFSIs are subject to?
L. Is a two-person rule included as part of
this proposed rule?
M. Why would requirements be added to
designate material balance areas, item
control areas, and custodians?
N. Why would calendar days be inserted
into 10 CFR part 74?
O. Would the implementation guidance
documents be updated for the MC&A
program?
P. Would there be changes for item
controls or physical inventories?
Q. Why would an exception be added to
10 CFR 74.15(b)(2)?
R. Are there any cumulative effects of
regulation associated with this rule?
S. What should I consider as I prepare my
comments to the NRC?
V. Discussion of Proposed Amendments by
Section
VI. Availability of Documents
VII. Criminal Penalties
VIII. Agreement State Compatibility
IX. Plain Writing
X. Voluntary Consensus Standards
XI. Environmental Assessment and Finding
of No Significant Environmental Impact:
Availability
XII. Paperwork Reduction Act Statement
XIII. Regulatory Analysis
XIV. Regulatory Flexibility Certification
XV. Backfitting and Issue Finality

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