[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71117-71119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24887]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0314; NRC-2013-0149; NRC-2014-0099; NRC-2014-0101]


Conduct of Operations

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan--final section revision; issuance.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final 
revisions to Section 13.6.4, ``Access Authorization--Operational 
Program;'' Section 13.7, ``Fitness-for-Duty;'' Section 13.7.1, 
``Fitness-for-Duty--Operational Program;'' Section 13.7.2, ``Fitness 
for Duty--Construction;'' and Section 13.6.3, ``Physical Security--
Operational Program--Early Site Permits and Reactor Siting Criteria;'' 
of NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis 
Reports for Nuclear Power Plants: LWR Edition.''

DATES: The effective date of these SRP section revisions is November 
14, 2016.

ADDRESSES: Please refer to Docket IDs NRC-2012-0314 for SRP Section 
13.6.4, NRC-2013-0149 for SRP Sections 13.7 and 13.7.1, NRC-2014-0099 
for SRP Section 13.7.2, and NRC-2014-0101 for SRP Section 13.6.3 when 
contacting the NRC about the availability of information regarding this 
document. You may obtain publicly-available information related to this 
document using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket IDs NRC-2012-0314 (for SRP 
Section 13.6.4), NRC-2013-0149 (for SRP Sections 13.7 and 13.7.1), NRC-
2014-0099 (for SRP Section 13.7.2), and NRC-2014-0101 (for SRP Section 
13.6.3). Address questions about NRC dockets to Carol Gallagher; 
telephone: 301-415-3463; email: [email protected]. For technical 
questions, contact the individuals listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the

[[Page 71118]]

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 number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced. For the convenience of the reader, the 
ADAMS accession numbers are provided in a table in the ``Availability 
of Documents'' section of this document. The NUREG-0800 is available on 
the NRC's public Web site at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.
     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.

FOR FURTHER INFORMATION CONTACT: Mark Notich, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; 
telephone: 301-415-3053; email: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 31, 2012 (77 FR 77117), the NRC published for public 
comment the proposed revision to Section 13.6.4, ``Access 
Authorization--Operational Program'' (ADAMS Accession No. ML12125A098). 
On July 16, 2013 (78 FR 42558), the NRC published for public comment 
the proposed revision to Section 13.7, ``Fitness-for-Duty;'' and 
Section 13.7.1, ``Fitness-for-Duty--Operational Program'' (ADAMS 
Accession Nos. ML113250516 and ML113250541, respectively). On May 5, 
2014 (79 FR 25627), the NRC published for public comment the proposed 
revision to Section 13.6.3, ``Physical Security--Early Site Permit and 
Reactor Siting Criteria'' (ADAMS Accession No. ML13059A367). Also on 
May 5, 2014 (79 FR 25628), the NRC published for public comment the 
proposed revision to Section 13.7.2, ``Fitness-for-Duty--Construction'' 
(ADAMS Accession No. ML113270035).
    The NRC staff received comments on the proposed revision to SRP 
Section 13.6.4. A summary of the comments and the NRC staff's 
disposition of the comments are available in a separate document 
entitled, ``Response to Public Comments on Draft Standard Review Plan 
(SRP) 13.6.4: Access Authorization--Operational Program'' (ADAMS 
Accession No. ML13270A111). Therefore, the NRC is issuing this revised 
section of the SRP in final form for use.
    The NRC did not receive comments on the proposed revisions to SRP 
Sections 13.6.3, 13.7, 13.7.1, and 13.7.2. Therefore, the NRC is 
issuing these revised sections of the SRP in final form for use.
    There have been minor editorial changes to these sections since 
their issuance in proposed form for public comment. Details on the 
specific changes are included in the redline strikeout documents 
referenced in Section IV, ``Availability of Documents,'' of this 
document.

II. Backfitting and Issue Finality

    Issuance of these revised SRP sections does not constitute 
backfitting as defined in Sec.  50.109 of title 10 of the Code of 
Federal Regulations (10 CFR), ``Backfitting,'' (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 SRP positions do 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 
existing nuclear power plant licenses or regulatory approvals either 
now or in the future (absent a voluntary request for change from the 
licensee, holder of a regulatory approval, or a design certification 
applicant).
    The NRC staff does not intend to impose or apply the positions 
described in the SRP to existing (already issued) licenses and 
regulatory approvals. Therefore, the issuance of a final SRP--even if 
considered guidance that 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 licenses 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 set forth in the Backfit 
Rule or address the criteria for avoiding issue finality as described 
in the applicable issue finality provision.
    3. Backfitting and issue finality--with limited exceptions not 
applicable here--do not 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 in the next paragraph--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 
currently intend to impose the positions represented in these SRP 
sections 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 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.

III. Congressional Review Act

    These SRP section revisions are a rule as defined in the 
Congressional Review Act (5 U.S.C. 801-808). However, the Office of 
Management and Budget has not found it to be a major rule as defined in 
the Congressional Review Act.

IV. Availability of Documents

    The documents identified in the following table are available to 
interested persons as indicated.

[[Page 71119]]



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                                                           Final revision     Current draft    Redline strikeout
                      SRP section                         ADAMS accession     revision ADAMS    ADAMS accession
                                                                No.           accession No.           No.
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13.6.3.................................................        ML15061A471        ML13059A367        ML15226A059
13.6.4.................................................        ML15226A009        ML12125A098        ML15111A201
13.7...................................................        ML15111A091        ML113250516        ML15111A057
13.7.1.................................................        ML15111A036        ML113250541        ML15226A098
13.7.2.................................................        ML15111A034        ML113270035        ML15226A168
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    Dated at Rockville, Maryland, this 6th day of October 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. 2016-24887 Filed 10-13-16; 8:45 am]
 BILLING CODE 7590-01-P