[Federal Register Volume 76, Number 204 (Friday, October 21, 2011)]
[Notices]
[Pages 65544-65545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27343]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0323]


Standard Format and Content of License Applications for Mixed 
Oxide Fuel Fabrication Facilities

AGENCY: Nuclear Regulatory Commission.

ACTION: Regulatory guide; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC or Commission) is 
issuing a revision to regulatory guide (RG) 3.39, ``Standard Format and 
Content of License Applications for Mixed Oxide Fuel Fabrication 
Facilities.'' This guide endorses the standard format and content for 
license applications and integrated safety analysis (ISA) summaries 
described in the current version of NUREG-1718, ``Standard Review Plan 
for the Review of an Application for a Mixed Oxide (MOX) Fuel 
Fabrication Facility,'' as a method that the NRC staff finds acceptable 
for meeting the regulatory requirements of Title 10 of the Code of 
Federal Regulations (10 CFR) part 70, ``Domestic Licensing of Special 
Nuclear Material'' for mixed oxide fuel fabrication facilities.

ADDRESSES: You can access publicly available documents related to this 
regulatory guide 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 e-mail to [email protected]. 
The regulatory guide is available electronically under ADAMS Accession 
Number ML100280809. The regulatory analysis may be found in ADAMS under 
Accession Number ML111780401.
     Federal Rulemaking Web Site: Public comments and 
supporting materials related to this regulatory guide can be found at 
http://www.regulations.gov by searching on Docket ID NRC-2009-0323.
    Regulatory guides are not copyrighted, and NRC approval is not 
required to reproduce them.

FOR FURTHER INFORMATION CONTACT: Sabrina Atack, Mixed Oxide and Uranium 
Deconversion Branch, Special Projects and Technical Support 
Directorate, Division of Fuel Cycle Safety and Safeguards, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-492-3204; or e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The NRC is issuing a revision to an existing guide in the agency'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.
    Revision 1 of Regulatory Guide 3.39 was issued with a temporary 
identification as Draft Regulatory Guide, DG-3038. This guide endorses 
the standard format and content for license applications and integrated 
safety analysis (ISA) summaries described in the current version of 
NUREG-1718, ``Standard Review Plan for the Review of an Application for 
a Mixed Oxide (MOX) Fuel Fabrication Facility,'' as a

[[Page 65545]]

method that the NRC staff finds acceptable for meeting the regulatory 
requirements of Title 10 of the Code of Federal Regulations (10 CFR) 
part 70, ``Domestic Licensing of Special Nuclear Material'' for mixed 
oxide fuel fabrication facilities.
    Subpart H of 10 CFR part 70, ``Additional Requirements for Certain 
Licensees Authorized To Possess a Critical Mass of Special Nuclear 
Material,'' identifies risk-informed performance requirements for mixed 
oxide fuel fabrication facilities. Subpart H requires applicants to 
establish and maintain a safety program that includes an integrated 
safety analysis (ISA), process safety information, and management 
measures and to submit a description of the safety program as part of 
the license application. Subpart H of 10 CFR part 70 also requires the 
applicant to submit an ISA summary to the NRC for approval.
    This guide directs the reader to documentation regarding the type 
of information acceptable to the NRC staff for review of a license 
application and ISA summary for a mixed oxide fuel fabrication 
facility. Applicants may choose to submit information supporting the 
license application in the form of a safety analysis report (SAR), 
which may be a separate report submitted as part of the application or 
may be integrated into the license application. This documentation also 
provides guidance for acceptable format and content for licensing 
documents submitted as part of an application to construct, use, or 
possess special nuclear material or modify licensing commitments for a 
mixed oxide fuel fabrication facility.

II. Further Information

    On July 24, 2009, DG-3038 was published in the Federal Register 
with a public comment period of 60 days from the issuance of the guide 
(74 FR 36780). The comment period closed on September 21, 2009. The 
staff's responses to the comments received are located in ADAMS under 
Accession Number ML100280863.

    Dated at Rockville, Maryland this 13th day of October, 2011.

    For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guide Development Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2011-27343 Filed 10-20-11; 8:45 am]
BILLING CODE 7590-01-P