[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)]
[Notices]
[Pages 45312-45314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16469]
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NUCLEAR REGULATORY COMMISSION
[NRC-2016-0126]
Physical Security Hardware--Inspections, Tests, Analyses, and
Acceptance Criteria
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan-draft section revision: Request for
comment.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is soliciting
public comment on draft NUREG-0800, ``Standard Review Plan for the
Review of Safety Analysis Reports for Nuclear Power Plants: LWR
Edition,'' Section 14.3.12, ``Physical Security Hardware--Inspections,
Tests, Analyses, and
[[Page 45313]]
Acceptance Criteria.'' The NRC seeks comments on the draft section
revision of the standard review plan (SRP) concerning inspections,
tests, analyses, and acceptance criteria (ITAAC) related to physical
security hardware (PS-ITAAC).
DATES: Comments must be filed no later than August 12, 2016. Comments
received after this date will be considered, if it is practical to do
so, but the Commission is able to ensure consideration only for
comments received on or before this date.
ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0126. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3463; email: [email protected]. For technical questions, contact
the individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
Mail comments to: Cindy Bladey, Office of Administration,
Mail Stop: OWFN-12-H08, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
For additional direction on accessing information and submitting
comments, see ``Obtaining Information and Submitting Comments'' in the
SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Mark Notich, Office of New Reactors,
telephone: 301-415-3053, email: [email protected]; or Nishka Devaser,
Office of New Reactors, telephone: 301-415-5196; email:
[email protected], U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
SUPPLEMENTARY INFORMATION:
I. Obtaining Information and Submitting Comments
A. Obtaining Information
Please refer to Docket ID NRC-2016-0126 when contacting the NRC
about the availability of information regarding this document. You may
obtain publicly-available information related to this document by any
of the following methods:
Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0126.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may obtain publicly available documents online in the
ADAMS Public Documents collection 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 [email protected]. The
ADAMS accession numbers for the draft revision, current revision, and
redline strikeout comparing the current revision and the draft revision
of the section are available in ADAMS under the following accession
numbers: Draft revision 2 (ML16032A050), current revision 1
(ML100970568), and redline strikeout (ML16032A096).
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.
B. Submitting Comments
Please include Docket ID NRC-2016-0126 in your comment submission.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment into ADAMS.
II. Further Information
The NRC seeks public comment on the draft section revision of the
SRP. This section has been revised to assist NRC staff with the review
of PS-ITAAC in a combined license application or a design certification
application. The PS-ITAAC are reviewed to determine whether the designs
and specifications for PS-ITAAC are in accordance with the applicable
regulatory requirements of 10 CFR part 73.
Revision 2 to SRP Section 14.3.12 incorporates the requirements for
vehicle control measures under Sec. 73.55(e)(10)(i)(B) of title 10 of
the Code of Federal Regulations (10 CFR) and incorporates
recommendations from NRC Regulatory Issue Summary 2008-05, ``Lessons
Learned to Improve Inspections, Tests, Analyses, and Acceptance
Criteria Submittal'' revision 1, September 23, 2010. The technical
changes in accordance with the new Sec. 73.55 are incorporated in each
section of this revision (since Revision 1 of this section, dated April
2010) of the SRP as applicable.
Following NRC staff evaluation of public comments, the NRC intends
to incorporate the final approved guidance into the next revision of
NUREG-0800. The SRP is guidance for the NRC staff. The SRP is not a
substitute for the NRC regulations, and compliance with the SRP is not
required.
III. Backfitting and Issue Finality
Issuance of this draft SRP, if finalized, would not constitute
backfitting as defined in Sec. 50.109 of 10 CFR, (the Backfit Rule) or
otherwise be inconsistent with the issue finality provisions in 10 CFR
part 52. The NRC's position is based upon the following considerations.
1. The draft SRP positions, if finalized, would not constitute
backfitting, inasmuch as the SRP is internal guidance directed at the
NRC staff with respect to their regulatory responsibilities.
The SRP provides guidance to the NRC staff on how to review an
application for NRC regulatory approval in the form of licensing.
Changes in internal NRC staff guidance are not matters for which either
nuclear power plant applicants or licensees are protected under either
the Backfit Rule or the issue finality provisions of 10 CFR part 52.
2. The NRC staff has no intention to impose the SRP positions on
current licensees or already-issued regulatory approvals either now or
in the future.
The NRC staff does not intend to impose or apply the positions
described in the draft SRP to existing (already issued) licenses and
regulatory approvals. Hence, the issuance of a final SRP--even if
considered guidance which is within the purview of the issue finality
provisions in 10 CFR part 52--need not be evaluated as if it were a
backfit or as being inconsistent with issue finality provisions. If, in
the future, the NRC staff seeks to impose a position in the SRP on
holders of already issued holders of licenses SRP in a manner which
does not provide issue finality as described in the applicable issue
finality provision, then the NRC staff must make the showing as
[[Page 45314]]
set forth in the Backfit Rule or address the criteria for avoiding
issue finality as described applicable issue finality provision.
3. Backfitting and issue finality do not--with limited exceptions
not applicable here--protect current or future applicants.
Applicants and potential applicants are not, with certain
exceptions, protected by either the Backfit Rule or any issue finality
provisions under 10 CFR part 52. This is because neither the Backfit
Rule nor the issue finality provisions under 10 CFR part 52--with
certain exclusions discussed below--were intended to apply to every NRC
action which substantially changes the expectations of current and
future applicants.
The exceptions to the general principle are applicable whenever an
applicant references a 10 CFR part 52 license (e.g., an early site
permit) and/or NRC regulatory approval (e.g., a design certification
rule) with specified issue finality provisions. The NRC staff does not,
at this time, intend to impose the positions represented in the draft
SRP in a manner that is inconsistent with any issue finality
provisions. If, in the future, the NRC staff seeks to impose a position
in the draft SRP in a manner which does not provide issue finality as
described in the applicable issue finality provision, then the NRC
staff must address the criteria for avoiding issue finality as
described in the applicable issue finality provision.
Dated at Rockville, Maryland, this 5th day of July 2016.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of
Engineering, Infrastructure and Advanced Reactors, Office of New
Reactors.
[FR Doc. 2016-16469 Filed 7-12-16; 8:45 am]
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