[Federal Register Volume 89, Number 85 (Wednesday, May 1, 2024)]
[Notices]
[Pages 35251-35252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-09323]


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NUCLEAR REGULATORY COMMISSION

[NRC-2023-0181]


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 Instrumentation and 
Control 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 the following section of NUREG-0800, ``Standard 
Review Plan for the Review of Safety Analysis Reports for Nuclear Power 
Plans: LWR Edition'': 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 Instrumentation 
and Control Systems.''

DATES: The Standard Review Plan update is effective on May 31, 2024.

ADDRESSES: Please refer to Docket ID NRC-2023-0181 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-2023-0181. Address 
questions about Docket IDs in Regulations.gov to Stacy Schumann; 
telephone: 301-415-0624; 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 https://www.nrc.gov/reading-rm/adams.html. To begin the search, 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, at 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.
     NRC's PDR: The PDR, where you may examine and order copies 
of publicly available documents, is open by appointment. To make an 
appointment to visit the PDR, please send an email to 
[email protected] or call 1-800-397-4209 or 301-415-4737, between 8 
a.m. and 4 p.m. eastern time (ET), Monday through Friday, except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Carla P. Roque-Cruz, Office of Nuclear 
Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001, telephone: 301-415-1455; email: [email protected].
     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.

SUPPLEMENTARY INFORMATION: 

I. Background

    This BTP provides the NRC staff with guidance for evaluating an 
applicant's assessment of the adequacy of defense in depth and 
diversity (D3) for a proposed digital instrumentation and

[[Page 35252]]

control (DI&C) system. On October 24, 2023 (88 FR 73051), the NRC 
published for public comment a proposed revision to BTP 7-19, 
``Guidance for Evaluation of Defense in Depth and Diversity to Address 
Common-Cause Failure Due to Latent Design 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 November 24, 
2023. Thirty-five public comments were received regarding draft 
Revision 9 of BTP 7-19. The final Revision 9 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 
Instrumentation and Control Systems'' is available in ADAMS under 
Accession No. ML24005A077.
    A summary of the public comments and the NRC staff's disposition of 
the comments are available in a separate document, ``Response to Public 
Comments on Draft Standard Review Plan 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 
Instrumentation and Control Systems' '' (ADAMS Accession No. 
ML24005A115).

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 provides guidance for the 
evaluation of defense-in-depth and diversity 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), ``Backfitting'' (the Backfit 
Rule), and as described in Management Directive (MD) 8.4, ``Management 
of Backfitting, Forward Fitting, Issue Finality, and Information 
Requests''; does not constitute forward fitting as that term is defined 
and described in MD 8.4; and does not affect the issue finality of any 
approval issued under 10 CFR part 52, ``Licenses, Certificates, and 
Approvals for Nuclear Power Plants.'' The NRC staff'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 internal 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); does not constitute forward fitting as that term is 
defined and described in MD 8.4; and does not affect the 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 
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, forward fitting, or affects the issue finality 
for a 10 CFR part 52 approval, then the NRC will address the Backfit 
Rule, 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 standard review plan section is 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.

    Dated: April 25, 2024.

    For the Nuclear Regulatory Commission.
Undine Shoop,
Chief, Integrated Program Management and Beyond Design Basis Branch, 
Division of Operating Reactor Licensing, Office of Nuclear Reactor 
Regulation.
[FR Doc. 2024-09323 Filed 4-30-24; 8:45 am]
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