[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]
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