ML24162A097

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Rev 1 Federal Register Notice
ML24162A097
Person / Time
Issue date: 09/24/2024
From: Meraj Rahimi
NRC/RES/DE/RGDB
To:
Harriet Karagiannis 415-2493
Shared Package
ML24162A042 List:
References
NRC-2024-0159 RG 3.7 Rev 1
Download: ML24162A097 (4)


Text

[7590-01-P]

NUCLEAR REGULATORY COMMISSION

10 CFR Part 70

[NRC-2024-0159]

Regulatory Guide: Monitoring of Combustible Gases and Vapors in Plutonium

Processing and Fuel Fabrication Plants

AGENCY: Nuclear Regulatory Commission.

ACTION: Final guide; issuance.

SUMMARY

The U.S. Nuclear Regulatory Commission (NRC) is issuing Revision 1 to

Regulatory Guide (RG) 3.7, Monitoring of Combustible Gases and Vapors in Plutonium

Processing and Fuel Fabrication Plants, in which there are minor corrections with no

substantive changes in the NRC staffs regulatory positions. RG 3.7 provides guidance

with regard to protecting against the possibility of the formation of flammable mixtures

with combustible gases and vapors. This guidance is needed to protect against the

possibility of the formation of flammable mixtures with these gases and vapors when

combustible gases and solvents are used within the confinement barriers of a plutonium

processing and fuel fabrication plant.

DATES: Revision 1 to RG 3.7 is available on September 30, 2024.

ADDRESSES: Please refer to Docket ID NRC-2024-0159 when contacting the NRC

about the availability of information regar ding this document. You may obtain publicly

available information related to this document using any of the following methods:

for Docket ID NRC-2024-0159. 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.

  • NRCs 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 NRCs Public Document Room (PDR) reference staff at 1-800-397-4209, at

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. Revision 1 to RG 3.7 may be found in ADAMS under

Accession No. ML24162A095.

  • NRCs PDR: The PDR, where you may examine and order copies of publicly

available documents, is open by appointment. 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 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except

Federal holidays.

Regulatory guides are not copyrighted, and NRC approval is not required to

reproduce them.

FOR FURTHER INFORMATION CONTACT: Nicole Cortes, Office of Nuclear Reactor

Regulation, telephone: 301-415-7331; email: Nicole.Cortes@nrc.gov ; and Harriet

Karagiannis, Office of Nuclear Regulatory Research, telephone: 301-415-3346, email:

Harriet.Karagiannis@nrc.gov. Both are staff at the U.S. Nuclear Regulatory Commission,

Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Discussion

The NRC is issuing an administrative revision to an existing guide in the NRCs

Regulatory Guide series. Regulatory guides are developed to describe and make

2 available to the public information and methods that are acceptable to the NRC staff for

implementing specific parts of the agencys regulations, techniques that the staff uses in

evaluating specific issues or postulated events, and data that the staff needs in its

review of applications for permits and licenses.

The NRC typically seeks public comment on a draft version of an RG by

announcing its availability for comment in the Federal Register. However, as explained

in NRCs Management Directive (MD) 6.6 Regulatory Guides, (ADAMS Accession No.

ML22010A233) the NRC may directly issue a final RG without a draft version or public

comment period if the changes to the RG are non-substantive.

Thus, the NRC is issuing Revision 1 of RG 3.7 directly as a final RG because

there are no changes in the staff positions between Revision 0 and Revision 1. Revision

1 of RG 3.7 incorporates minor corrections, and other editorial changes that are

administrative in nature. The changes are intended to improve clarity and do not alter the

NRC staff's regulatory guidance for the Monitoring of Combustible Gases and Vapors in

Plutonium Processing and Fuel Fabrication Plants, licensees.

II. Additional Information

As noted in the Federal Register on December 9, 2022 (87 FR 75671), this

document is being published in the Rules section of the Federal Register to comply

with publication requirements under chapter I of title 1 of the Code of Federal

Regulations (CFR).

III. Congressional Review Act

This RG is not a rule as defined in the Congressional Review Act (5 U.S.C. 801-808).

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

3 constitute backfitting as that term is defined in 10 CFR 50.109, Backfitting, and as

described in NRC MD 8.4, Management of Backf itting, Forward Fitting, Issue Finality,

and Information Requests (ADAMS Acce ssion No. ML18093B087), nor does the NRC

staff intend to use the guidance to affect the issue finality of an approval under 10 CFR

part 52. The staff also does not intend to use the guidance to support NRC staff

actions in a manner that constitutes forward fitting as that term is defined and

described in MD 8.4. If a licensee believes t hat the NRC is using this RG in a manner

inconsistent with the discussion in the Implementation section of RG 3.7, then the

licensee may file a backfitting or forward fi tting appeal with the NRC in accordance with

the process in MD 8.4.

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 to address new

issues. Suggestions can be submitted on the NRCs public website at

https://www.nrc.gov/reading-rm/doc-collections /reg-guides/contactus.html. Suggestions

will be considered in future updates and enhancements to the Regulatory Guide

series.

Dated: September 24, 2024.

For the Nuclear Regulatory Commission.

/RA/

Meraj Rahimi, Chief, Regulatory Guide and Programs Management Branch, Division of Engineering, Office of Nuclear Regulatory Research.

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