Federal Register - February 2, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 20 / Tuesday, February 2, 2021 / Proposed Rules
You may submit comments on any aspect of these proposed information collections, including suggestions for reducing the burden and on the four issues, by the following methods:
Federal Rulemaking Website: Go to https www.regulations.gov and search for Docket ID NRC20170025.
Mail comments to: FOIA, Library, and Information Collections Branch, Office of the Chief Information Officer, Mail Stop: T6 A10M, U.S. Nuclear Regulatory Commission, Washington, DC 205550001 or to the OMB reviewer at: OMB Office of Information and Regulatory Affairs 31500011, Attn:
Desk Officer for the Nuclear Regulatory Commission, 725 17th Street NW, Washington, DC 20503; email: oira_
submission@omb.eop.gov.
Submit comments on this collection of information by March 4, 2021.
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.
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Public Protection Notification The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.
XI. Voluntary Consensus Standards The National Technology Transfer and Advancement Act of 1995, Public Law 104113, requires that Federal agencies use technical standards that are developed or adopted by voluntary consensus standards bodies unless using such a standard is inconsistent with applicable law or is otherwise impractical. In this proposed rule, the NRC is continuing to use the ASME BPV
and OM Code Cases, which are ASMEapproved voluntary alternatives to compliance with various provisions of the ASME BPV and OM Codes. The NRCs approval of the ASME Code Cases is accomplished by amending the NRCs regulations to incorporate by reference the latest revisions of the following, which are the subject of this rulemaking, into 50.55a: RG 1.84, Revision 39; RG 1.147, Revision 20; RG
1.192, Revision 4; and NUREG2228.
The RGs list the ASME Code Cases that the NRC has approved for use. The ASME Code Cases are national consensus standards as defined in the National Technology Transfer and Advancement Act of 1995 and OMB
Circular A119. The ASME Code Cases constitute voluntary consensus standards, in which all interested parties including the NRC and
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licensees of nuclear power plants participate. The NRC invites comment on the applicability and use of other standards.
XII. Incorporation by Reference Reasonable Availability to Interested Parties The NRC proposes to incorporate by reference three NRC RGs that list new and revised the ASME Code Cases that the NRC has approved as voluntary alternatives to certain provisions of NRC-required Editions and Addenda of the ASME BPV Code and the ASME OM
Code. The draft regulatory guides, DG
1366, DG1367, and DG1368, will correspond to final RG 1.84, Revision 39; RG 1.147, Revision 20; and RG
1.192, Revision 4, respectively. The NRC also proposes to incorporate by reference NUREG2228, which is referenced in DG1367 RG 1.147, Revision 20. As described in this document, this report pertains to a proposed condition on Code Case N
847.
The NRC is required by law to obtain approval for incorporation by reference from the Office of the Federal Register OFR. The OFRs requirements for incorporation by reference are set forth in 1 CFR part 51. On November 7, 2014, the OFR adopted changes to its regulations governing incorporation by reference 79 FR 66267. The OFR
regulations require an agency to include in a proposed rule a discussion of the ways that the materials the agency proposes to incorporate by reference are reasonably available to interested parties or how it worked to make those materials reasonably available to interested parties. The discussion in this section complies with the requirement for proposed rules as set forth in 1 CFR
51.5a1.
The NRC considers interested parties to include all potential NRC
stakeholders, not only the individuals and entities regulated or otherwise subject to the NRCs regulatory oversight. These NRC stakeholders are not a homogenous group, so the considerations for determining reasonable availability vary by class of interested parties. The NRC identified six classes of interested parties with regard to the material to be incorporated by reference in an NRC rule:
Individuals and small entities regulated or otherwise subject to the NRCs regulatory oversight. This class includes applicants and potential applicants for licenses and other NRC
regulatory approvals, and who are subject to the material to be incorporated by reference. In this
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context, small entities has the same meaning as set out in 10 CFR 2.810.
Large entities otherwise subject to the NRCs regulatory oversight. This class includes applicants and potential applicants for licenses and other NRC
regulatory approvals, and who are subject to the material to be incorporated by reference. In this context, a large entity is one that does not qualify as a small entity under 10
CFR 2.810.
Non-governmental organizations with institutional interests in the matters regulated by the NRC.
Other Federal agencies, states, local governmental bodies within the meaning of 10 CFR 2.315c.
Federally-recognized and Staterecognized Indian tribes.
Members of the general public i.e., individual, unaffiliated members of the public who are not regulated or otherwise subject to the NRCs regulatory oversight who need access to the materials that the NRC proposes to incorporate by reference in order to participate in the rulemaking.
The NUREG2228 and three draft RGs that the NRC proposes to incorporate by reference in this proposed rule are available without cost and can be read online or downloaded online. The NUREG2228 and draft RGs can be viewed, by appointment, at the NRC
Technical Library, which is located at Two White Flint North, 11545 Rockville Pike, Rockville, Maryland 20852;
telephone: 3014157000; email:
Library.Resource@nrc.gov. The final RGs, if approved by the OFR for incorporation by reference, will also be available for inspection at the OFR, as described in 10 CFR 50.55aa.
Because access to the three draft regulatory guides, and eventually, the final regulatory guides, are available in various forms at no cost, the NRC
determines that the three draft regulatory guides, DG1366, DG1367, and DG1368, and final RG 1.84, Revision 39; RG 1.147, Revision 20; and RG 1.192, Revision 4, once approved by the OFR for incorporation by reference, are reasonably available to all interested parties.
XIII. Availability of Documents The documents identified in the following tables are available to interested persons through one or more of the following methods, as indicated.
Throughout the development of this rule, the NRC may post documents related to this rule, including public comments, on the Federal rulemaking website at: https www.regulations.gov under Docket ID NRC20170025. The Federal rulemaking website allows you
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