Adequacy of Design Features and Functional Capabilities Identified and Described for Withstanding Aircraft Impacts, 26810-26811 [2013-10920]
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Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
the Vice President & General Counsel, at
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by electronic mail to
FR_NOTICE_QUESTIONS@lsc.gov.
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effort to accommodate the request but
cannot guarantee that all requests can be
fulfilled.
Dated: May 6, 2013.
Atitaya C. Rok,
Staff Attorney.
[FR Doc. 2013–11069 Filed 5–6–13; 4:15 pm]
BILLING CODE 7050–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2012–0180]
Adequacy of Design Features and
Functional Capabilities Identified and
Described for Withstanding Aircraft
Impacts
Nuclear Regulatory
Commission.
ACTION: Standard review plan section;
issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a new
section of NUREG–0800, ‘‘Standard
Review Plan for the Review of Safety
Analysis Reports for Nuclear Power
Plants: LWR Edition.’’ The new section,
designated as Revision 0, is Section
19.5, ‘‘Adequacy of design features and
functional capabilities identified and
described for withstanding aircraft
impacts.’’
DATES: The effective date of this
Standard Review Plan (SRP) update is
June 7, 2013.
ADDRESSES: Please refer to Docket ID
NRC–2012–0180 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and is publicly available, by
any of the following methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:56 May 07, 2013
Jkt 229001
for Docket ID NRC–2012–0180. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/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. Final Revision
0 to NUREG–0800 is available in
ADAMS under Accession No.
ML12276A112.
• 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.
• The NRC posts its issued staff
guidance on the NRC’s external Web
page (https://www.nrc.gov/reading-rm/
doc-collections/nuregs/staff/sr0800/).
FOR FURTHER INFORMATION CONTACT: Ms.
Anna H. Bradford, Office of New
Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: 301–415–1560, email:
Anna.Bradford@nrc.gov.
SUPPLEMENTARY INFORMATION: On August
2, 2012 (77 FR 46128), the NRC
published for public comment the
proposed Revision 0 to Section 19.5,
‘‘Adequacy of design features and
functional capabilities identified and
described for withstanding aircraft
impacts,’’ (ADAMS Accession No.
ML12138A468). Three comment
submissions were received on the
proposed revision (ADAMS Accession
Nos.: ML12249A406, ML12237A139
and ML12258A071). The staff made
changes to the proposed revision after
consideration of the comments. A
summary of the comments and the
staff’s disposition of the comments are
available in a separate document,
Response to Public Comments On Draft
Standard Review Plan (SRP) 19.5:
Adequacy Of Design Features And
Functional Capabilities Identified And
Described For Withstanding Aircraft
Impacts (ADAMS Accession No.
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
ML12306A341). The staff has also
prepared a redline version of the SRP
section showing the difference between
the proposed and final SRP section
(ADAMS Accession No. ML12307A168).
The NRC staff will incorporate the
positions reflected in Revision 0 of SRP
Section 19.5 into the next revision of
Regulatory Guide 1.206, ‘‘Combined
License Applications for Nuclear Power
Plants’’ (ADAMS Accession No.
ML070720184).
Backfitting and Issue Finality
Issuance of this final SRP section does
not constitute backfitting as defined in
§ 50.109 of Title 10 of the Code of
Federal Regulations (10 CFR) (the
Backfit Rule) and is not otherwise
inconsistent with the issue finality
provisions in part 52 of 10 CFR. The
staff’s position is based upon the
following considerations:
• The SRP positions do not constitute
backfitting, inasmuch as the SRP is
internal guidance directed at the NRC
staff with respect to their regulatory
responsibilities.
• The SRP positions represent the
first internal NRC guidance on a
regulation for which the backfitting and
issue finality considerations have
already been addressed.
• The NRC staff has no intention to
impose the SRP positions on current
licensees and regulatory approvals
either now or in the future.
• Backfitting and issue finality do
not—with limited exceptions not
applicable here—protect current or
future applicants.
Each of these considerations is
discussed in more detail below.
1. The SRP positions do not constitute
backfitting, inasmuch as the SRP is
internal guidance directed at the NRC
staff with respect to their regulatory
responsibilities.
The SRP provides guidance to the
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 part 52.
2. The SRP positions represent the
first internal NRC guidance on a
regulation for which the backfitting and
issue finality considerations have
already been addressed.
This SRP addresses compliance with
the Aircraft Impact Assessment (AIA)
Rule, 10 CFR 50.150. The backfitting
and issue finality issues for this
rulemaking were addressed as part of
the original AIA rulemaking (74 FR
28112, 28143–45; June 12, 2009).
E:\FR\FM\08MYN1.SGM
08MYN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 89 / Wednesday, May 8, 2013 / Notices
Inasmuch as the SRP merely
implements the AIA Rule, the SRP
introduces no new backfitting or issue
finality matters apart from those
addressed in the underlying rulemaking.
Therefore, the staff’s position is that the
NRC’s consideration of backfitting and
issue finality matters for the underlying
AIA rulemaking also serves as the NRC’s
consideration of the same backfitting
and issue finality matters for the
issuance of this SRP.
3. The NRC staff has no intention to
impose the SRP positions on current
licensees and regulatory approvals
either now or in the future.
The staff does not intend to impose or
apply the positions described in the SRP
to existing (already issued) licenses and
regulatory approvals. Hence, the
issuance of a final SRP—even if
considered guidance which is within
the purview of the issue finality
provisions in part 52—need not be
evaluated as if it were a backfit or as
being inconsistent with issue finality
provisions. If, in the future, the staff
seeks to impose a position in the SRP on
holders of already issued holders of
licenses SRP in a manner which 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 applicable issue
finality provision.
4. 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 part
52. This is because neither the Backfit
Rule nor the issue finality provisions
under part 52—with certain exclusions
discussed below—were intended to
apply to every NRC action which
substantially changes the expectations
of current and future applicants.
The exceptions to the general
principle are applicable whenever an
applicant references a part 52 license
(e.g., an early site permit) and/or NRC
regulatory approval (e.g., a design
certification rule) with specified issue
finality provisions. The 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 in
a manner which does not provide issue
finality as described in the applicable
issue finality provision, then the staff
must address the criteria for avoiding
VerDate Mar<15>2010
17:56 May 07, 2013
Jkt 229001
issue finality as described in the
applicable issue finality provision.
Congressional Review Act
In accordance with the Congressional
Review Act, the NRC has determined
that this action is not a major rule and
has verified this determination with the
Office of Information and Regulatory
Affairs of the Office of Management and
Budget.
Dated at Rockville, Maryland, this 25th day
of April 2013.
For the Nuclear Regulatory Commission.
Anna Bradford,
Acting Chief, Policy Branch, Division of
Advanced Reactors and Rulemaking, Office
of New Reactors.
[FR Doc. 2013–10920 Filed 5–7–13; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–264; NRC–2012–0026]
Dow Chemical Company, Dow TRIGA
Research Reactor; License Renewal
for the Dow Chemical TRIGA Research
Reactor; Supplemental Information
and Correction
Nuclear Regulatory
Commission.
ACTION: Notice; supplemental
information and correction.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) published a notice
in the Federal Register on July 20, 2012
(77 FR 42771), ‘‘License Renewal for the
Dow Chemical TRIGA Research
Reactor,’’ to inform the public that the
NRC is considering issuance of a
renewed Facility License No. R–108 for
Dow Chemical Company which would
authorize continued operation of the
Dow TRIGA Research Reactor. The
notice provided the NRC staff’s review
of the Environmental Assessment and
Finding of No Significant Impact for the
Dow TRIGA Research Reactor. This
action is necessary to (1) correct a
typographical error in Section II.A.,
‘‘Radiological Impact;’’ and (2) provide
the public with supplemental
information regarding the U.S. Court of
Appeals Waste Confidence Ruling and
NRC staff review of the ruling showing
the non-applicability to research and
test reactor licensing.
ADDRESSES: Please refer to Docket ID
NRC–2012–0026 when contacting the
NRC about the availability of
information regarding this document.
You may access information related to
this document, which the NRC
possesses and is publicly available,
using any of the following methods:
SUMMARY:
PO 00000
Frm 00065
Fmt 4703
Sfmt 4703
26811
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0026. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–492–3668;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individual(s) listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the NRC
Library at https://www.nrc.gov/readingrm/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.
• 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:
Geoffrey A. Wertz, Office of Nuclear
Reactor Regulation, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555–0001; telephone 301–415–
0893, email: Geoffrey.Wertz@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Correction
In the Federal Register (FR) of July
20, 2012, in FR Doc. 2012–17733, on
page 42772, in the second column, first
paragraph, second line, replace
‘‘retains’’ with ‘‘takes.’’
II. Supplemental Information
On June 8, 2012, the U.S. Court of
Appeals for the District of Columbia
Circuit found that some aspects of the
2010 Waste Confidence Rulemaking did
not satisfy the NRC’s National
Environmental Policy Act obligations
and vacated the rulemaking. On August
7, 2012, the Commission directed the
NRC staff not to issue any licenses
dependent on the Waste Confidence
Rule until the court’s remand has been
appropriately addressed. The NRC staff
analyzed the Waste Confidence Rule
(part 51.23 of Title 10 of the Code of
Federal Regulations (10 CFR),
‘‘Temporary Storage of Spent Fuel after
Cessation of Reactor Operation-Generic
Determination of No Significant
Environmental Impact’’), as well as
supplemental information, and
concluded that 10 CFR 51.23 does not
specifically refer to research and test
reactors (RTRs), only to power reactors
and independent spent fuel storage
E:\FR\FM\08MYN1.SGM
08MYN1
Agencies
[Federal Register Volume 78, Number 89 (Wednesday, May 8, 2013)]
[Notices]
[Pages 26810-26811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10920]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2012-0180]
Adequacy of Design Features and Functional Capabilities
Identified and Described for Withstanding Aircraft Impacts
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan section; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a new
section of NUREG-0800, ``Standard Review Plan for the Review of Safety
Analysis Reports for Nuclear Power Plants: LWR Edition.'' The new
section, designated as Revision 0, is Section 19.5, ``Adequacy of
design features and functional capabilities identified and described
for withstanding aircraft impacts.''
DATES: The effective date of this Standard Review Plan (SRP) update is
June 7, 2013.
ADDRESSES: Please refer to Docket ID NRC-2012-0180 when contacting the
NRC about the availability of information regarding this document. You
may access information related to this document, which the NRC
possesses and is publicly available, by any of the following methods:
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2012-0180. Address
questions about NRC dockets to Carol Gallagher; telephone: 301-492-
3668; email: Carol.Gallagher@nrc.gov. For technical questions, contact
the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library 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. Final Revision 0 to NUREG-0800 is available in ADAMS under
Accession No. ML12276A112.
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.
The NRC posts its issued staff guidance on the NRC's
external Web page (https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/).
FOR FURTHER INFORMATION CONTACT: Ms. Anna H. Bradford, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-1560, email: Anna.Bradford@nrc.gov.
SUPPLEMENTARY INFORMATION: On August 2, 2012 (77 FR 46128), the NRC
published for public comment the proposed Revision 0 to Section 19.5,
``Adequacy of design features and functional capabilities identified
and described for withstanding aircraft impacts,'' (ADAMS Accession No.
ML12138A468). Three comment submissions were received on the proposed
revision (ADAMS Accession Nos.: ML12249A406, ML12237A139 and
ML12258A071). The staff made changes to the proposed revision after
consideration of the comments. A summary of the comments and the
staff's disposition of the comments are available in a separate
document, Response to Public Comments On Draft Standard Review Plan
(SRP) 19.5: Adequacy Of Design Features And Functional Capabilities
Identified And Described For Withstanding Aircraft Impacts (ADAMS
Accession No. ML12306A341). The staff has also prepared a redline
version of the SRP section showing the difference between the proposed
and final SRP section (ADAMS Accession No. ML12307A168).
The NRC staff will incorporate the positions reflected in Revision
0 of SRP Section 19.5 into the next revision of Regulatory Guide 1.206,
``Combined License Applications for Nuclear Power Plants'' (ADAMS
Accession No. ML070720184).
Backfitting and Issue Finality
Issuance of this final SRP section does not constitute backfitting
as defined in Sec. 50.109 of Title 10 of the Code of Federal
Regulations (10 CFR) (the Backfit Rule) and is not otherwise
inconsistent with the issue finality provisions in part 52 of 10 CFR.
The staff's position is based upon the following considerations:
The SRP positions do not constitute backfitting, inasmuch
as the SRP is internal guidance directed at the NRC staff with respect
to their regulatory responsibilities.
The SRP positions represent the first internal NRC
guidance on a regulation for which the backfitting and issue finality
considerations have already been addressed.
The NRC staff has no intention to impose the SRP positions
on current licensees and regulatory approvals either now or in the
future.
Backfitting and issue finality do not--with limited
exceptions not applicable here--protect current or future applicants.
Each of these considerations is discussed in more detail below.
1. The SRP positions do not constitute backfitting, inasmuch as the
SRP is internal guidance directed at the NRC staff with respect to
their regulatory responsibilities.
The SRP provides guidance to the 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 part 52.
2. The SRP positions represent the first internal NRC guidance on a
regulation for which the backfitting and issue finality considerations
have already been addressed.
This SRP addresses compliance with the Aircraft Impact Assessment
(AIA) Rule, 10 CFR 50.150. The backfitting and issue finality issues
for this rulemaking were addressed as part of the original AIA
rulemaking (74 FR 28112, 28143-45; June 12, 2009).
[[Page 26811]]
Inasmuch as the SRP merely implements the AIA Rule, the SRP introduces
no new backfitting or issue finality matters apart from those addressed
in the underlying rulemaking. Therefore, the staff's position is that
the NRC's consideration of backfitting and issue finality matters for
the underlying AIA rulemaking also serves as the NRC's consideration of
the same backfitting and issue finality matters for the issuance of
this SRP.
3. The NRC staff has no intention to impose the SRP positions on
current licensees and regulatory approvals either now or in the future.
The staff does not intend to impose or apply the positions
described in the SRP to existing (already issued) licenses and
regulatory approvals. Hence, the issuance of a final SRP--even if
considered guidance which is within the purview of the issue finality
provisions in part 52--need not be evaluated as if it were a backfit or
as being inconsistent with issue finality provisions. If, in the
future, the staff seeks to impose a position in the SRP on holders of
already issued holders of licenses SRP in a manner which 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 applicable issue finality provision.
4. 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 part 52. This is because neither the Backfit Rule nor
the issue finality provisions under part 52--with certain exclusions
discussed below--were intended to apply to every NRC action which
substantially changes the expectations of current and future
applicants.
The exceptions to the general principle are applicable whenever an
applicant references a part 52 license (e.g., an early site permit)
and/or NRC regulatory approval (e.g., a design certification rule) with
specified issue finality provisions. The 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 in a manner which 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.
Congressional Review Act
In accordance with the Congressional Review Act, the NRC has
determined that this action is not a major rule and has verified this
determination with the Office of Information and Regulatory Affairs of
the Office of Management and Budget.
Dated at Rockville, Maryland, this 25th day of April 2013.
For the Nuclear Regulatory Commission.
Anna Bradford,
Acting Chief, Policy Branch, Division of Advanced Reactors and
Rulemaking, Office of New Reactors.
[FR Doc. 2013-10920 Filed 5-7-13; 8:45 am]
BILLING CODE 7590-01-P