[Federal Register Volume 82, Number 99 (Wednesday, May 24, 2017)]
[Notices]
[Pages 23841-23842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10629]


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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--final section revision; issuance.

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[[Page 23842]]

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to Section 14.3.12, ``Physical Security Hardware--
Inspections, Tests, Analyses, and Acceptance Criteria (ITAAC),'' of 
NUREG-0800, ``Standard Review Plan (SRP) for the Review of Safety 
Analysis Reports for Nuclear Power Plants: LWR Edition.''

DATES: The effective date of this SRP update is June 23, 2017.

ADDRESSES: 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 
using any of the following methods:
     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: 301-415-
3463; email: [email protected]. For technical questions, contact 
the individual 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 
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 notice (if 
that document is available in ADAMS) is provided the first time that a 
document is referenced. The final revision, previously issued draft 
revision for public use and comment, and redline strikeout comparing 
final revision with draft revision are available in ADAMS under the 
following Accession Nos.: ML16320A125, ML16032A050, and ML16342B303, 
respectively.
     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 July 13, 2016 (81 FR 45312), the NRC published for public 
comment a proposed revision of Section 14.3.12, ``Physical Security 
Hardware--Inspections, Tests, Analyses, and Acceptance Criteria,'' of 
NUREG-0800, ``Standard Review Plan (SRP) for the Review of Safety 
Analysis Reports for Nuclear Power Plants: LWR Edition.'' The public 
comment period closed on August 12, 2016. A summary of comments 
received and the staff's disposition of the comments are available in a 
separate document, ``Response to Public Comments on Draft Standard 
Review Plan, Section 14.3.12, ``Physical Security Hardware--
Inspections, Tests, Analyses, and Acceptance Criteria,'' (ADAMS 
Accession No. ML16320A193). Subsequent to revising the text of SRP 
Section 14.3.12 to address public comments, the staff made an editorial 
change to the introductory paragraph on page 1 of this SRP Section. 
This edit did not change the staff's approach to reviewing physical 
security information in licensing applications.

II. Backfitting and Issue Finality

    Chapter 14 of the SRP provides guidance to the staff for initial 
test program and ITAAC-design certification under part 52 of title 10 
of the Code of Federal Regulations (10 CFR). Section 14.3.12 of the SRP 
provides guidance for reviewing an application for an early site 
permit, a standard design approval, a standard design certification, a 
combined license, and a manufacturing license under 10 CFR part 52 with 
respect to systems associated with physical security.
    Issuance of this SRP section revision does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it 
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 would not constitute backfitting, inasmuch as 
the SRP is internal guidance to NRC staff.
    The SRP provides internal guidance to the NRC staff on how to 
review an application for NRC regulatory approval in the form of 
licensing. Changes in internal 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 licensees either now or in the future.
    The NRC staff does not intend to impose or apply the positions 
described in the SRP to existing licenses and regulatory approvals. 
Hence, the issuance of this SRP--even if considered guidance within the 
purview of the issue finality provisions in 10 CFR part 52--does not 
need to 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 that does not provide issue finality as described in the 
applicable issue finality provision, then the 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 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. Neither the Backfit Rule nor the issue 
finality provisions under 10 CFR part 52--with certain exclusions--were 
intended to apply to every NRC action that 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) 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 SRP in a 
manner that is inconsistent with any issue finality provisions. If, in 
the future, the staff seeks to impose a position in the SRP section in 
a manner that does not provide issue finality as described in the 
applicable issue finality provision, then the staff must address the 
criteria for avoiding issue finality as described in the applicable 
issue finality provision.

III. Congressional Review Act

    This action is not a rule as defined in the Congressional Review 
Act (5 U.S.C. 801-808).

    Dated at Rockville, Maryland, this 16th day of May, 2017.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and Guidance Branch, Division of 
Engineering, Infrastruture and Advanced Reactors, Office of New 
Reactors.
[FR Doc. 2017-10629 Filed 5-23-17; 8:45 am]
 BILLING CODE 7590-01-P