[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Notices]
[Pages 7944-7945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03862]
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NUCLEAR REGULATORY COMMISSION
[NRC-2016-0126]
Physical Security
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
Revision 4 to Section 13.6, ''Physical Security'' of NUREG-0800,
``Standard Review Plan (SRP) for the Review of Safety Analysis Reports
for Nuclear Power Plants: LWR Edition.''
DATES: The date of this SRP update is March 5, 2019.
ADDRESSES: Please refer to Docket ID NRC-2016-0126 when contacting the
NRC about the availability of information regarding this document.
[[Page 7945]]
You may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0126. Address
questions about NRC docket IDs in Regulations.gov to Krupskaya
Castellon; telephone: 301-287-9221; 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 Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS
Search.'' For problems with ADAMS, 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 final revision to SRP 13.6 is available
in ADAMS under Accession No. ML18344A041.
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 D. 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 September 11, 2018 (83 FR 45992), the NRC published for public
comment a proposed revision of Section 13.6, ``Physical Security'' 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 November 13, 2018. No public comments were
received concerning Revision 4 of SRP 13.6.
II. Backfitting and Issue Finality
Chapter 13 of the SRP provides guidance to the staff for conduct of
operations under part 52 of title 10 of the Code of Federal Regulations
(10 CFR). Section 13.6 of the SRP provides an introduction for the
remainder of the Chapter 13 SRP sections addressing physical security
for the review of combined license (COL), early site permit (ESP),
standard design certification, and operating license (OL) applications
and amendments for 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 do not constitute backfitting, inasmuch as the
SRP is guidance direct to the NRC staff with respect to its 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 guidance intended for use by only the staff are not matters
that constitute backfitting as that term is defined in 10 CFR
50.109(a)(1) or involve the issue finality provisions of 10 CFR part
52.
2. Backfitting and issue finality--with certain exceptions
discussed belowe--do not apply to current or future applicants.
Applicants and potential applicants are not, with certain
exceptions, the subject of 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
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 a
10 CFR part 50 operating license applicant references a construction
permit or a 10 CFR part 52 combined license applicant references a
license (e.g., an early site permit) or an NRC regulatory approval
(e.g., a design certification rule) for which specified issue finality
provisions apply.
The NRC staff does not currently intend to impose the positions
represented in this final SRP section in a manner that constitutes
backfitting or is inconsistent with any issue finality provision of 10
CFR part 52. If in the future the NRC staff seeks to impose a position
stated in this SRP section in a manner that would constitute
backfitting or be inconsistent with these issue finality provisions,
the NRC staff must make the showing as set forth in the Backfit Rule or
address the regulatory criteria set forth in the applicable issue
finality provision, as applicable, that would allow the staff to impose
the position.
3. The NRC staff has no intention to impose the SRP positions on
existing nuclear power plant licensees either now or in the future
(absent a voluntary request for a 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 this final SRP section to existing (already issued)
licenses (e.g., operating licenses and combined licenses) and
regulatory approvals. Hence, the issuance of this SRP guidance--even if
considered guidance subject to the Backfit Rule or the issue finality
provisions in 10 CFR part 52--would 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 would constitute
backfitting or does not provide issue finality as described in the
applicable issue finality provision, then the staff must make a showing
as set forth in the Backfit Rule or address the criteria in the
applicable issue finality provision, as applicable, that would allow
the staff to impose the position.
III. Congressional Review Act
The Office of Management and Budget makes the determination that
the United States Nuclear Regulatory Commission action titled `NUREG-
0800, ``Standard Review Plan for the Review of Safety Analysis Reports
for Nuclear Power Plants; LWR Edition,'' Revision 4 of Standard Review
Plan Section 13.6, ``Physical Security''' is non-major under the
Congressional Review Act.
Dated at Rockville, Maryland, on February 27, 2019.
For the Nuclear Regulatory Commission.
Jennivine K. Rankin,
Chief (Acting), Division of Licensing, Siting, and Environmental
Analysis, Licensing Branch 3, Office of New Reactors.
[FR Doc. 2019-03862 Filed 3-4-19; 8:45 am]
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