[Federal Register Volume 86, Number 18 (Friday, January 29, 2021)]
[Notices]
[Page 7577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01984]
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NUCLEAR REGULATORY COMMISSION
[NRC-2019-0253]
Final Revision to Branch Technical Position 7-19 Guidance for
Evaluation of Defense in Depth and Diversity To Address Common-Cause
Failure Due to Latent Design Defects in Digital Safety Systems
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 a
final revision to Branch Technical Position (BTP) 7-19, ``Guidance for
Evaluation of Defense in Depth and Diversity to Address Common-Cause
Failure due to Latent Design Defects in Digital Safety Systems'' of
NUREG-0800, ``Standard Review Plan for the Review of Safety Analysis
Reports for Nuclear Power Plants: LWR Edition.''
DATES: The update to this BTP takes effect on January 29, 2021.
ADDRESSES: Please refer to Docket ID NRC-2019-0253 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 Website: Go to https://www.regulations.gov/ and search for Docket ID NRC-2019-0253. Address
questions about Docket IDs in Regulations.gov to Jennifer Borges;
telephone: 301-287-9127; 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 ADAMS accession number for each document
referenced (if it is available in ADAMS) is provided the first time
that it is mentioned in this document.
Attention: The PDR, where you may examine and order copies
of public documents, is currently closed. You may submit your request
to the PDR via email at [email protected] or call 1-800-397-4209 or
301-415-4737, between 8:00 a.m. and 4:00 p.m. (EST), Monday through
Friday, except Federal holidays.
The NRC posts its issued staff guidance on the NRC's public website
at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.
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 January 14, 2020 (85 FR 2152), the NRC published for public
comment a proposed revision of BTP 7-19, ``Guidance for Evaluation of
Potential Common Cause Failure Due to Latent Software Defects in
Digital Instrumentation and Control Systems'' of NUREG-0800, ``Standard
Review Plan for the Review of Safety Analysis Reports for Nuclear Power
Plants: LWR Edition.'' The public comment period closed on March 16,
2020. Eight public comments were received regarding draft Revision 8 of
BTP 7-19. The final Revision 8 to NUREG-0800, BTP 7-19, ``Guidance for
Evaluation of Defense in Depth and Diversity to Address Common-Cause
Failure due to Latent Design Defects in Digital Safety Systems'' is
available in ADAMS under Accession No. ML20339A647. A summary of the
public comments and the NRC staff's disposition of the comments are
available in ADAMS Accession No. ML20126G430. The redline/strikeout
comparison between the draft version of BTP 7-19 and this final
version, including revisions made in response to public comments and to
improve organization, is shown in ML20364A212.
II. Backfitting, Forward Fitting, and Issue Finality
Chapter 7 of the SRP provides guidance to the staff for reviewing
instrumentation and controls information provided in applications for
licensing actions. Part of Chapter 7, BTP 7-19 provides guidance for
the evaluation of diversity and defense-in-depth in digital computer-
based instrumentation and control systems.
Issuance of this BTP revision does not constitute backfitting as
defined in section 50.109 of title 10 of the Code of Federal
Regulations (10 CFR), (the backfit rule), and as described in
Management Directive (MD) 8.4, ``Management of Backfitting, Forward
Fitting, Issue Finality, and Information Requests;'' constitute forward
fitting as that term is defined and described in MD 8.4; or affect
issue finality of any approval issued under 10 CFR part 52, ``Licenses,
Certificates, and Approvals for Nuclear Power Plants.'' The NRC's
position is based upon the following considerations.
First, 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); constitute forward fitting as that term is defined and
described in MD 8.4; or affect issue finality of any approval issued
under 10 CFR part 52, ``Licenses, Certificates, and Approvals for
Nuclear Power Plants.''
Second, the NRC staff does not intend to use the guidance in this
BTP SRP section to support NRC staff actions in a manner that would
constitute backfitting or forward fitting. If, in the future, the NRC
seeks to impose a position in this SRP section in a manner that
constitutes backfitting or forward fitting or affects the issue
finality for a 10 CFR part 52 approval, then the NRC will address the
backfitting provision in 10 CFR 50.109, the forward fitting provision
of MD 8.4, or the applicable issue finality provision in 10 CFR part
52, respectively.
III. Congressional Review Act
This action is not a rule as defined in the Congressional Review
Act (5 U.S.C. 801-808). OMB's clearance of BTP 7-19 as a non-major rule
is shown in ADAMS Accession No. ML21025A022.
Dated: January 26, 2021.
For the Nuclear Regulatory Commission.
Dennis C. Morey,
Chief, Licensing Project Branch, Division of Operating Reactors, Office
of Nuclear Reactor Regulation.
[FR Doc. 2021-01984 Filed 1-28-21; 8:45 am]
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