[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Notices]
[Pages 41315-41316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16513]


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NUCLEAR REGULATORY COMMISSION

[NRC-2014-0021]


Corrective Action Programs for Fuel Cycle Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new 
regulatory guide (RG) 3.75, ``Corrective Action Programs for Fuel Cycle 
Facilities.'' This RG describes programmatic elements that the staff of 
the NRC considers acceptable when developing corrective action programs 
for fuel cycle facilities that are licensed under the NRC's 
regulations.

ADDRESSES: Please refer to Docket ID NRC-2014-0021 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 Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0021. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section 
of this document.
     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/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 in this notice (if that document is 
available in ADAMS) is provided the first time that a document is 
referenced. Revision 0 of RG 3.75 is available in ADAMS under Accession 
No. ML14139A321. The regulatory analysis may be found in

[[Page 41316]]

ADAMS under Accession No. ML14139A316.
     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 NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Sabrina Atack, Office of Nuclear 
Material Safety and Safeguards; telephone: 301-287-9075, email: 
Sabrina.Atack@nrc.gov; and Steve Burton, Office of Nuclear Regulatory 
Research; telephone: 301-415-7000, Stephen.Burton@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 new guide in the NRC's ``Regulatory Guide'' 
series. This series was developed to describe and make available to the 
public information such as methods that are acceptable to the NRC staff 
for implementing specific parts of the agency'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.
    Regulatory Guide 3.75 describes programmatic elements that the 
staff of the NRC considers acceptable when developing corrective action 
programs for fuel cycle facilities that are licensed under part 40 of 
Title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
Licensing of Source Material'' or 10 CFR part 70, ``Domestic Licensing 
of Special Nuclear Material'' or holders of certificates of compliance 
or approvals of a compliance plan for gaseous diffusion plants under 10 
CFR part 76, ``Certification of Gaseous Diffusion Plants.''

II. Additional Information

    Regulatory Guide 3.75 was issued with a temporary identification as 
draft regulatory guide (DG), DG-3044. Draft regulatory guide, DG-3044, 
was published in the Federal Register on February 12, 2014 (79 FR 
8511), for a 30-day public comment period. The public comment period 
closed on March 14, 2014. Public comments on DG-3044 and the staff's 
responses to the public comments are available in ADAMS under Accession 
No. ML14139A318.

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

    This RG describes programmatic elements that the staff considers 
acceptable for corrective action programs (CAPs) for fuel cycle 
facilities licensed under 10 CFR parts 40, or 70, and gaseous diffusion 
plants holding certificates of compliance under 10 CFR part 76. 
Applicants for such facilities and certificates of compliance, as well 
as existing licensees and holders of certificate of compliance, may use 
the guidance in developing, implementing or revising CAPs. Licensees 
may choose to develop and implement CAPs that meet the guidance in this 
RG for the purpose of applying Section 2.3.2 of the NRC Enforcement 
Policy. The NRC staff may find methods or solutions that differ from 
those described in this RG acceptable for the purpose of applying 
Section 2.3.2 of the NRC Enforcement Policy if those methods or 
solutions effectively implement controls to identify, document, and 
correct conditions adverse to safety and security.
    Applicants for, and holders of fuel cycle licenses under part 40 
are not subject to backfitting protection, inasmuch as the NRC's 
regulations do not provide backfitting protection to part 40 applicants 
or licensees.
    This RG does not constitute backfitting for any fuel cycle facility 
applicants or licensees subject to backfitting protection under part 
70, or applicants for or holders of certificates of compliance for 
gaseous diffusion plants under part 76. No part 70 licensee or holder 
of a part 76 certificates of compliance is required to comply with the 
guidance, and a licensee or holder of a certificate of compliance is 
free to demonstrate that its corrective action program is effective in 
identifying, documenting, and correcting conditions adverse to safety 
and security in order to be within the purview of Section 2.3.2 of the 
NRC Enforcement Policy. With respect to applicants or potential 
applicants for part 70 licenses and part 76 certificates of compliance, 
such entities are not protected by the backfitting provisions in parts 
70 and 76. Backfitting is intended to protect the reasonable 
expectations of certain entities who have received NRC regulatory 
approvals (e.g., a license), and was not intended to apply to NRC 
actions which substantially change the expectations of current and 
future applicants.
    This RG does not apply to any nuclear power reactors subject to 10 
CFR parts 50 or 52. Therefore, backfitting considerations under 10 CFR 
50.109 or issue finality considerations under 10 CFR part 52 are not 
applicable to this RG.

    Dated at Rockville, Maryland, this 9 day of July, 2014.

    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. 2014-16513 Filed 7-14-14; 8:45 am]
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