Unknown. Issuance of NUREG documents and interim staff guidance
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/register/2011/12/05/2011-31012·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2011-12-05.xml --- 76 233 Monday, December 5, 2011 Contents Actuaries, Joint Board for Enrollment See Joint Board for Enrollment of Actuaries Agriculture Agriculture Department See Federal Crop Insurance Corporation See Food Safety and Inspection Service See Forest Service See Rural Business-Cooperative Service Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau PROPOSED RULES Proposed Establishment of the Inwood Valley Viticultural Area, 75830-75836 2011-31141 Revisions to Distilled Spirits Plant Operations Reports and Regulations, 75836-75840 2011-31142 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Accessibility Guidelines for Pedestrian Facilities in the Public Right-of-Way, 75844-75845 2011-31089 Bureau of Consumer Financial Protection PROPOSED RULES Streamlining Inherited Regulations, 75825-75829 2011-31030 Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Pipelines and Pipeline Rights-of-Way, 75894-75897 2011-31084 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Current Population Survey Fertility Supplement, 75869-75870 2011-31113 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75885-75886 2011-31108 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: National Saltwater Angler Registry and State Exemption Program, 75868-75869 2011-31095 Commodity Futures Commodity Futures Trading Commission NOTICES Meetings: Technology Advisory Committee, 75874-75875 2011-31138 Defense Acquisition Defense Acquisition Regulations System NOTICES Meetings: Open Source Software, 75875 2011-31111 Defense Department Defense Department See Defense Acquisition Regulations System Department of Transportation See Pipeline and Hazardous Materials Safety Administration Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Western Area Power Administration PROPOSED RULES Reducing Regulatory Burden, 75798-75799 2011-31115 NOTICES Plan for Conduct of 2012 Electric Transmission Congestion Study;
Correction, 75875-75876 2011-31118 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 75876 2011-31120 2011-31122 Environmental Protection Environmental Protection Agency RULES California State Implementation Plan; Revisions: Placer County Air Pollution Control District, 75795-75797 2011-30787 Significant New Use Rules on Certain Chemical Substances; Withdrawal of Two Chemical Substances, 75794-75795 2011-31137 Transportation Conformity Rule:
MOVES Regional Grace Period Extension, 75797 2011-31130 PROPOSED RULES Approval and Promulgation of Implementation Plans: Georgia; Infrastructure Requirements for the 1997 8-Hour Ozone National Ambient Air Quality Standards, 75849-75857 2011-31191 State of Tennessee; Prevention of Significant Deterioration and Nonattainment New Source Review Rules, etc., 75845-75849 2011-31189 California State Implementation Plan; Revisions: Placer County Air Pollution Control District, 75857 2011-30786 Executive Office of the President See Science and Technology Policy Office Farm Credit Farm Credit Administration NOTICES Meetings;
Sunshine Act, 75878 2011-31319 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Eurocopter France Model EC 120B Helicopters, 75772-75774 2011-30939 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75878-75881 2011-31143 2011-31144 Federal Crop Federal Crop Insurance Corporation PROPOSED RULES Common Crop Insurance: Prune Crop Insurance Provisions, 75805-75809 2011-31083 General Administrative Regulations:
Mutual Consent Cancellation; Food Security Act of 1985, Implementation; etc., 75799-75805 2011-31085 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 75881 2011-31251 Federal Maritime Federal Maritime Commission NOTICES Meetings; Sunshine Act, 75881-75882 2011-31228 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications; Vision, 75940-75945 2011-31151 2011-31156 2011-31164 Federal Railroad Federal Railroad Administration NOTICES Safety Advisories:
Bridge Walkway Hazards, 75945-75948 2011-31058 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 75882 2011-31053 Acquisitions of Shares of a Savings and Loan Holding Company, 75882 2011-31052 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 2011-31051 75882-75883 2011-31126 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals;
Correction, 75883 2011-31082 Analysis of Proposed Consent Order To Aid Public Comment: Facebook, Inc., 75883-75885 2011-31158 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 6-Month Extension of Final Determination for the Proposed Listing of the Dunes Sagebrush Lizard, 75858-75859 2011-31198 NOTICES Endangered and Threatened Species Permit Applications, 75897-75898 2011-31107 Meetings: Sport Fishing and Boating Partnership Council;
Teleconference, 75898 2011-31104 Food and Drug Food and Drug Administration NOTICES Determinations That Drug Products Were Not Withdrawn From Sale for Reasons of Safety or Effectiveness: DEMULEN 1/50-28 (Ethinyl Estradiol; Ethynodiol Diacetate) Tablet and Four Other Drug Products, 75886-75887 2011-31146 SEDASYS Computer-Assisted Personalized Sedation System: Ethicon Endo-Surgery, Inc. Petition for Review of Denial of Premarket Approval; Meeting Cancellation, 75887 2011-31105 Food Safety Food Safety and Inspection Service PROPOSED RULES Prior Label Approval System;
Generic Label Approval, 75809-75825 2011-30992 Foreign Trade Foreign-Trade Zones Board NOTICES Approvals for Subzone Expansion and Expansion of Manufacturing Authority: North American Shipbuilding, LLC, Foreign-Trade Subzone 124B, Larose, Houma, and Port Fourchon, LA, 75870 2011-31140 Forest Forest Service NOTICES National Forest System Invasive Species Management Policy, 75860-75866 2011-31090 Newspapers Used for Publication of Legal Notices in the Southwestern Region, 75866-75868 2011-31097 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See U.S.
Citizenship and Immigration Services See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Solicitation of Proposal Information for Award of Public Contracts, 75890-75892 2011-31062 Housing Housing and Urban Development Department RULES Homeless Emergency Assistance and Rapid Transition to Housing: Defining ‘Homeless’, 75994-76019 2011-30942 Emergency Solutions Grants Program and Consolidated Plan Conforming Amendments, 75954-75994 2011-30938 Indian Affairs Indian Affairs Bureau NOTICES Vacancy on the Osage Tribal Education Committee, 75899 2011-31116 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service RULES Targeted Populations Under Section 45D(e)(2), 75774-75781 2011-31169 Treasury Inflation-Protected Securities Issued at a Premium, 75781-75782 2011-31179 PROPOSED RULES Treasury Inflation-Protected Securities Issued at a Premium, 75829-75830 2011-31176 NOTICES Meetings:
Taxpayer Advocacy Panel; Cancellation, 75951-75952 2011-31180 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Amendments, Extensions, etc.: Polyethylene Terephthalate Film, Sheet, and Strip From Korea, 75870-75871 2011-31148 Stainless Steel Plate in Coils From Belgium, 75870 2011-31178 Antidumping Duty New Shipper Reviews; Results, Amendments, Extensions, etc.: Certain Steel Nails From the People's Republic of China, 75871-75872 2011-31061 Antidumping Duty Orders;
Continuation: Certain Helical Spring Lock Washers From Taiwan and the People's Republic of China, 75873 2011-31147 International Trade Com International Trade Commission NOTICES Investigations; Terminations, Modifications and Rulings: Certain Electronic Imaging Devices, 75910-75911 2011-31134 Certain Inkjet Ink Supplies and Components Thereof, 75910 2011-31132 Certain Video Game Systems and Controllers, 75911-75912 2011-31135 Meetings; Sunshine Act, 2011-31320 75912 2011-31321 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings:
Advisory Committee, 75912-75913 2011-31192 Justice Department Justice Department See Parole Commission NOTICES Lodging of Consent Decrees Under the Clean Water Act, 75913 2011-31098 Lodging of Modification of Consent Decree Under the Clean Water Act, 75913 2011-31145 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Alaska Native Claims Selection, 75899-75900 2011-31123 2011-31125 Public Land Orders: Oregon, 75900-75901 2011-31119 Wyoming, 75900 2011-31121 Maritime Maritime Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 75948 2011-31092 Requests for Administrative Waiver of the Coastwise Trade Laws: Vessel CHRYSALIS, 75948-75949 2011-31093 Vessel NAGA, 75949 2011-31076 Vessel PANGAEA, 75949-75950 2011-31091 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council Science Committee Planetary Science Subcommittee, 75914 2011-31185 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 75914 2011-31203 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 75914-75915 2011-31086 2011-31087 2011-31088 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute; Amendment, 75888-75889 2011-31149 National Institute of Allergy and Infectious Diseases, 75887-75888 2011-31154 2011-31155 National Institute of Biomedical Imaging and Bioengineering, 75888 2011-31157 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: West Coast Groundfish Trawl Economic Data, 75873-75874 2011-31094 National Park National Park Service NOTICES Intent To Repatriate Cultural Items: Kingman Museum, Inc., Battle Creek, MI, 75901-75902 2011-31070 Inventory Completions: Minnesota Indian Affairs Council, Bemidji, MN, 75902-75910 2011-31071 2011-31072 2011-31074 2011-31075 2011-31077 University of California, San Diego, San Diego, CA, 75908-75909 2011-31068 National Science National Science Foundation NOTICES Meetings:
Proposal Reviews, 75916 2011-31067 Meetings; Sunshine Act; Cancellations, 75916 2011-31219 Nuclear Regulatory Nuclear Regulatory Commission RULES Emergency Planning Guidance for Nuclear Power Plants, 75771-75772 2011-31012 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Revising Standards Referenced in the Acetylene Standard, 75782-75786 2011-30653 PROPOSED RULES Revising Standards Referenced in the Acetylene Standard, 75840-75844 2011-30654 Parole Parole Commission NOTICES Meetings;
Sunshine Act, 2011-31202 75913-75914 2011-31200 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Emergency Restriction/Prohibition Order, 75950-75951 2011-31054 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 75916-75919 2011-31127 2011-31128 2011-31129 Postal Service Postal Service RULES International Product and Price Changes, 75786-75794 2011-31079 Rural Business Rural Business-Cooperative Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 75868 2011-31150 Science Technology Science and Technology Policy Office NOTICES Meetings: President's Council of Advisors on Science and Technology, 75919-75920 2011-31187 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2011-31100 75920-75922 2011-31101 2011-31102 2011-31103 Applications: AllianceBernstein Cap Fund, Inc., et al., 75922-75924 2011-31099 Meetings;
Sunshine Act, 75924 2011-31264 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ OMX PHLX LLC, 75924 2011-31043 NASDAQ Stock Market LLC, 75924-75926 2011-31110 NYSE Arca, Inc., 75926-75939 2011-31044 2011-31045 Suspension of Trading Orders: ZipGlobal Holdings, Inc., et al., 75939 2011-31261 Small Business Small Business Administration NOTICES Revocation of License of Small Business Investment Company, 75939 2011-31069 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations:
Works of Art Coming to the U.S. for Exhibition, 75939-75940 2011-31159 Substance Substance Abuse and Mental Health Services Administration NOTICES List of Facilities Which Meet Minimum Standards To Engage in Urine Drug Testing for Federal Agencies, 75889-75890 2011-31059 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 75892 2011-31114 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Declaration of Owner and Declaration of Consignee When Entry Is Made by an Agent, 75893 2011-31194 Dominican Republic-Central America-U.S. Free Trade Agreement, 75893-75894 2011-31181 Western Western Area Power Administration NOTICES Records of Decision:
Modification of the Groton Generation Station Interconnection Agreement, 75876-75878 2011-31124 Separate Parts In This Issue Part II Housing and Urban Development Department, 75954-76019 2011-30942 2011-30938 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 233 Monday, December 5, 2011 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Part 50 and Part 52 [NRC-2008-0122] RIN 3150-AI10 Emergency Planning Guidance for Nuclear Power Plants AGENCY:
Nuclear Regulatory Commission. ACTION: Issuance of NUREG documents and interim staff guidance. SUMMARY: The U.S. Nuclear Regulatory Commission
(NRC)is issuing Supplement 3, “Guidance for Protective Action Strategies,” to NUREG-0654/FEMA-REP-1, Revision 1, “Criteria for Preparation and Evaluation of Radiological Emergency Response Plans and Preparedness in Support of Nuclear Power Plants;” NSIR/DPR-ISG-01, “Interim Staff Guidance Emergency Planning for Nuclear Power Plants;” and NUREG/CR-7002, “Criteria for Development of Evacuation Time Estimate Studies;” all dated November, 2011. These documents update implementation guidance regarding, and support recent changes to, the NRC's emergency preparedness regulations. DATES: Effective December 5, 2011. ADDRESSES: You can access publicly available documents related to this action using the following methods: • *NRC's Public Document Room (PDR):* The public may examine and have copied, for a fee, publicly available documents at the NRC's PDR, O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. • *NRC's Agencywide Documents Access and Management System (ADAMS):* Publicly available documents created or received at the NRC are available online in the NRC Library at *http://www.nrc.gov/reading-rm/adams.html* . From this page, the public can gain entry into ADAMS, which provides text and image files of the NRC's public documents. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC's PDR reference staff at 1-(800) 397-4209,
(301)415-4737, or by email to *pdr.resource@nrc.gov.* Supplement 3 of NUREG-0654/FEMA-REP-1, NSIR/DPR-ISG-01, and NUREG/CR-7002 are available in ADAMS under Accession Nos. ML113010596, ML113010523, and ML113010515 respectively. • *Federal Rulemaking Web Site:* Public comments and supporting materials related to this action, including the final rule can be found at *http://www.regulations.gov* by searching on Docket ID NRC-2008-0122. Address questions about NRC dockets to Carol Gallagher, *telephone:*
(301)492-3668; *email: Carol.Gallagher@nrc.gov.* FOR FURTHER INFORMATION CONTACT: For Supplement 3 to NUREG-0654 contact Randy Sullivan; *telephone:*
(301)415-1123, *email: Randy.Sullivan@nrc.gov* . For NSIR/DPR-ISG-01 contact Don Tailleart; *telephone:*
(301)415-2966, *email: Don.Tailleart@nrc.gov.* For NUREG/CR-7002 contact Jeff Laughlin; *telephone:*
(301)415-1113, *email: Jeff.Laughlin@nrc.gov.* All contacts are in the Division of Preparedness and Response, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001. SUPPLEMENTARY INFORMATION: I. NSIR/DPR-ISG-01 The NSIR/DPR-ISG-01 will provide guidance for addressing new emergency planning
(EP)requirements for nuclear power plants based on changes to EP regulations in Title 10 of the *Code of Federal Regulations* (10 CFR) Part 50, “Domestic Licensing of Production and Utilization Facilities,” specifically Section 50.47, “Emergency Plans,” and Appendix E, “Emergency Planning and Preparedness for Production and Utilization Facilities” that were published as a final rule in the **Federal Register**
(FR)on November 23, 2011 (76 FR 72560). Additional guidance on one topic not directly related to the EP final rule (i.e., integrating offsite response methodologies with onsite EP programs) is also provided in this guidance. The NRC staff will incorporate the updated guidance information in NSIR/DPR-ISG-01 into future revisions of NUREG-0654/FEMA-REP-1 and other EP guidance documents. The statement of considerations for the EP final rule discussed that rule's compliance with applicable backfitting provisions (76 FR 72560; November 23, 2011 at Page 72594). Portions of NSIR/DPR-ISG-01 present the NRC staff's first guidance addressing compliance with revised Part 50, Appendix E, Sections IV.A.7, IV.D.3, IV.E.8.a, IV.F.2.a, IV.F.2.b, IV.F.2.d, IV.F.2.f, and IV.F.2.g, and the newly-added Part 50, Appendix E, Sections IV.A.9, IV.C.2, IV.E.8.b, IV.E.8.c, IV.E.8.d, IV.F.2.c.(4), IV.F.2.c.(5), IV.F.2.i, IV.F.2.j, and IV.I. The first issuance of guidance on a changed rule provision (adopted in a rulemaking amending the rule provision) or newly-added provision of an existing rule does not constitute backfitting or raise issue finality concerns, inasmuch as the guidance must be consistent with the regulatory requirements in the newly-changed or newly-added rule provisions and the backfitting and issue finality considerations applicable to the newly-changed or newly-added rule provisions must logically apply to this guidance. Therefore, issuance of guidance addressing the newly-changed and newly-added provisions of the amended rule does not constitute issuance of “changed” or “new” guidance within the meaning of the definition of “backfitting” in 10 CFR 50.109(a)(1). Similarly, the issuance of the guidance addressing the newly-changed and newly-added provisions of the amended rule, by itself, does not constitute an action inconsistent with any of the issue finality provisions in 10 CFR part 52. Accordingly, no further consideration of backfitting or issue finality is needed as part of the issuance of this guidance addressing compliance with the newly-changed provisions of part 50, Appendix E, Sections IV.A.7, IV.D.3, IV.E.8.a, IV.F.2.a, IV.F.2.b, IV.F.2.d, IV.F.2.f, and IV.F.2.g, and the newly-added Part 50, Appendix E, Sections IV.A.9, IV.C.2, IV.E.8.b, IV.E.8.c, IV.E.8.d, IV.F.2.c.(4), IV.F.2.c.(5), IV.F.2.i, IV.F.2.j, and IV.I. II. NUREG/CR-7002 The NUREG/CR-7002 updates previous NRC guidance concerning the development of evacuation time estimate
(ETE)studies. This document provides guidance for addressing new EP requirements for nuclear power plants based on changes to EP regulations in 10 CFR 50.47 and Appendix E to Part 50 in the November 23, 2011, final rule. The NRC is issuing guidance for the development of ETEs that recommends that licensees analyze several scenarios that consider all directions and distances within the emergency planning zone, time of day, day of week, adverse and normal weather conditions, and peak population special events. The ETE updates will support offsite protective action decision-making and evacuation planning efforts. The NUREG/CR-7002 presents the NRC staff's first guidance addressing compliance with the newly-changed and newly-added part 50, Appendix E, Section IV, paragraphs 2 and 4-7. The first issuance of guidance on a changed rule provision (adopted in a rulemaking amending the rule provision) or newly-added provision of an existing rule does not constitute backfitting or raise issue finality concerns, inasmuch as the guidance must be consistent with the regulatory requirements in the newly-changed or newly-added rule provisions and the backfitting and issue finality considerations applicable to the newly-changed or newly-added rule provisions must logically apply to this guidance (76 FR 72560; November 23, 2011 at Page 72594). Therefore, issuance of guidance addressing the newly-changed and newly-added provisions of the amended rule does not constitute issuance of “changed” or “new” guidance within the meaning of the definition of “backfitting” in 10 CFR 50.109(a)(1). Similarly, the issuance of the guidance addressing the newly-changed and newly-added provisions of the amended rule, by itself, does not constitute an action inconsistent with any of the issue finality provisions in 10 CFR part 52. Accordingly, no further consideration of backfitting or issue finality is needed as part of the issuance of this guidance addressing compliance with the newly-changed provisions of Part 50, Appendix E, Section IV, paragraphs 2 and 4-7. III. Supplement 3 of NUREG-0654/FEMA-REP-1 The NRC and the Federal Emergency Management Agency
(FEMA)are updating protective action recommendation guidance by issuing Supplement 3 of NUREG-0654/FEMA-REP-1. The updated Supplement 3 reflects insights gained through a study of the efficacy of the protective action strategy documented in NUREG/CR-6953, “Review of NUREG-0654, Supplement 3, `Criteria for Protective Action Recommendations for Severe Accidents'” (see *http://www.nrc.gov/reading-rm/doc-collections/nuregs/contract/cr6953/)* . Supplement 3 of NUREG-0654/FEMA-REP-1 resulted from close coordination between FEMA and NRC staff as well as extensive input from stakeholders. The guidance incorporates the following elements: 1. Increased offsite response organization involvement in development of site specific protective action strategies; 2. Increased use of information from updated and current site specific evacuation time estimates; 3. Staged evacuation as the initial protective action at a General Emergency; 4. Increased use of shelter-in-place for certain scenarios; and 5. Guidance to improve communications with the public before and during an emergency. Licensees should meet the requirements of Appendix E, Section IV, paragraph 3 as soon as practical following the 180-day period in Appendix E, Section IV, paragraphs 4 and 6. Supplement 3 presents the NRC staff's first guidance addressing compliance with the newly-added part 50, Appendix E, Section IV, paragraph 3, which was part of the November 23, 2011, final rule. The first issuance of guidance on a newly-added provision of an existing rule does not constitute backfitting or raise issue finality concerns, inasmuch as the guidance must be consistent with the regulatory requirements in the newly-added rule provision and the backfitting and issue finality considerations applicable to the newly-added rule provision must logically apply to this guidance (76 FR 72560; November 23, 2011 at page 72594). Therefore, issuance of guidance addressing the newly-added provision of the amended rule does not constitute issuance of “changed” or “new” guidance within the meaning of the definition of “backfitting” in 10 CFR 50.109(a)(1). Similarly, the issuance of the guidance addressing the newly-added provision of the amended rule, by itself, does not constitute an action inconsistent with any of the issue finality provisions in 10 CFR Part 52. Accordingly, no further consideration of backfitting or issue finality is needed as part of the issuance of this guidance addressing compliance with the newly-added provision of Part 50, Appendix E, Section IV, paragraph 3. Dated at Rockville, Maryland, this 23rd day of November, 2011. For the Nuclear Regulatory Commission. Mark Thaggard, Deputy Director for Emergency Preparedness, Division of Preparedness and Response, Office of Nuclear Security and Incident Response. [FR Doc. 2011-31012 Filed 12-2-11; 8:45 am]
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- 10 CFR 50
- 10 CFR 52
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Issuance of NUREG documents and interim staff guidance
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