Physical Security Hardware-Inspections, Tests, Analyses, and Acceptance Criteria, 23841-23842 [2017-10629]

Download as PDF asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices other forms of information technology; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Title of Collection: ‘‘National Science Foundation Proposal/Award Information—NSF Proposal and Award Policies and Procedures Guide’’ OMB Approval Number: 3145–0058. Expiration Date of Approval: October 31, 2019. Type of Request: Intent to seek approval to extend with revision an information collection for three years. Proposed Project: The National Science Foundation Act of 1950 (Pub. L. 81–507) sets forth NSF’s mission and purpose: ‘‘To promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense. . . .’’ The Act authorized and directed NSF to initiate and support: • Basic scientific research and research fundamental to the engineering process; • Programs to strengthen scientific and engineering research potential; • Science and engineering education programs at all levels and in all the various fields of science and engineering; • Programs that provide a source of information for policy formulation; and • Other activities to promote these ends. NSF’s core purpose resonates clearly in everything it does: Promoting achievement and progress in science and engineering and enhancing the potential for research and education to contribute to the Nation. While NSF’s vision of the future and the mechanisms it uses to carry out its charges have evolved significantly over the last six decades, its ultimate mission remains the same. Use of the Information: The regular submission of proposals to the Foundation is part of the collection of information and is used to help NSF fulfill this responsibility by initiating and supporting merit-selected research and education projects in all the scientific and engineering disciplines. NSF receives more than 50,000 proposals annually for new projects, and makes approximately 11,000 new awards. Support is made primarily through grants, contracts, and other agreements awarded to approximately 2,000 colleges, universities, academic consortia, nonprofit institutions, and small businesses. The awards are based VerDate Sep<11>2014 19:43 May 23, 2017 Jkt 241001 mainly on merit evaluations of proposals submitted to the Foundation. The Foundation has a continuing commitment to monitor the operations of its information collection to identify and address excessive reporting burdens as well as to identify any real or apparent inequities based on gender, race, ethnicity, or disability of the proposed principal investigator(s)/ project director(s) or the co-principal investigator(s)/co-project director(s). Burden on the Public: The Foundation estimates that an average of 120 hours is expended for each proposal submitted. An estimated 50,000 proposals are expected during the course of one year for a total of 6,000,000 public burden hours annually. Christopher A. Blair, Executive Assistant to the Executive Officer of the National Science Board, National Science Foundation. [FR Doc. 2017–10562 Filed 5–23–17; 8:45 am] BILLING CODE 7555–01–P NUCLEAR REGULATORY COMMISSION Advisory Committee on Reactor Safeguards (ACRS) Meeting of The ACRS Subcommittee on Regulatory Policies and Practices; Notice of Meeting The ACRS Subcommittee on Regulatory Policies and Practices will hold a meeting on June 6, 2017, at 11545 Rockville Pike, Room T–2B1, Rockville, Maryland 20852. The meeting will be open to public attendance. The agenda for the subject meeting shall be as follows: Tuesday, June 6, 2017–8:30 a.m. Until 5:00 p.m. The Subcommittee will discuss the State-Of-the-Art Reactor Consequence Analysis (SOARCA) Project, Sequoyah Integrated Deterministic and Uncertainty Analyses. The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee. Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Hossein Nourbakhsh (Telephone 301–415–5622 or Email: Hossein.Nourbakhsh@nrc.gov) PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 23841 five days prior to the meeting, if possible, so that appropriate arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 17, 2016, (81 FR 71543). Detailed meeting agendas and meeting transcripts are available on the NRC Web site at https://www.nrc.gov/readingrm/doc-collections/acrs. Information regarding topics to be discussed, changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained from the Web site cited above or by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with these references if such rescheduling would result in a major inconvenience. If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, Maryland 20852. After registering with Security, please contact Mr. Theron Brown (Telephone 240– 888–9835) to be escorted to the meeting room. Dated: May 17, 2017. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards. [FR Doc. 2017–10642 Filed 5–23–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2016–0126] Physical Security Hardware— Inspections, Tests, Analyses, and Acceptance Criteria Nuclear Regulatory Commission. ACTION: Standard review plan—final section revision; issuance. AGENCY: E:\FR\FM\24MYN1.SGM 24MYN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 23842 Federal Register / Vol. 82, No. 99 / Wednesday, May 24, 2017 / Notices 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 https://www.regulations.gov and search for Docket ID NRC–2016–0126. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. 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 publiclyavailable documents online in the ADAMS Public Documents collection at https://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 pdr.resource@nrc.gov. 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: Mark.Notich@ nrc.gov. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 19:43 May 23, 2017 Jkt 241001 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 PO 00000 Frm 00071 Fmt 4703 Sfmt 9990 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 E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[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.

-----------------------------------------------------------------------

[[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 https://www.regulations.gov and search for Docket ID NRC-2016-0126. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. 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 ``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 pdr.resource@nrc.gov. 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: Mark.Notich@nrc.gov.

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
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