Proposed Revisions to Light Load Handling System and Operations, 41810-41812 [2013-16594]

Download as PDF 41810 Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Notices emcdonald on DSK67QTVN1PROD with NOTICES processing fees electronically. To be able to submit secure electronic payments, licensees will need to establish an account with Pay.Gov (https://www.pay.gov). To request an account, the licensee shall send an email to det@nrc.gov. The email must include the licensee’s company name, address, point of contact (POC), POC email address, and phone number. The NRC will forward the request to Pay.Gov; who will contact the licensee with a password and user lD. Once the licensee has established an account and submitted payment to Pay.Gov, they shall obtain a receipt. The licensee shall submit the receipt from Pay.Gov to the NRC along with fingerprint cards. For additional guidance on making electronic payments, contact the Facilities Security Branch, Division of Facilities and Security, at 301–492– 3531. Combined payment for multiple applications is acceptable. The application fee (currently $26) is the sum of the user fee charged by the FBI for each fingerprint card or other fingerprint record submitted by the NRC on behalf of a licensee, and an NRC processing fee, which covers administrative costs associated with NRC handling of licensee fingerprint submissions. The Commission will directly notify licensees who are subject to this regulation of any fee changes. 4. The Commission will forward to the submitting licensee all data received from the FBI as a result of the licensee’s application(s) for CHRCs, including the FBI fingerprint record. F. Right to Correct and Complete Information 1. Prior to any final adverse determination, the licensee shall make available to the individual the contents of any criminal history records obtained from the FBI for the purpose of assuring correct and complete information. Written confirmation by the individual of receipt of this notification must be maintained by the licensee for a period of one (1) year from the date of notification. 2. If, after reviewing the record, an individual believes that it is incorrect or incomplete in any respect and wishes to change, correct, or update the alleged deficiency, or to explain any matter in the record, the individual may initiate challenge procedures. These procedures include either direct application by the individual challenging the record to the agency (i.e., law enforcement agency) that contributed the questioned information, or direct challenge as to the accuracy or completeness of any entry on the criminal history record to the Assistant Director, Federal Bureau of VerDate Mar<15>2010 18:23 Jul 10, 2013 Jkt 229001 Investigation Identification Division, Washington, DC 20537–9700 (as set forth in 28 CFR 16.30 through 16.34). In the latter case, the FBI forwards the challenge to the agency that submitted the data and requests that agency to verify or correct the challenged entry. Upon receipt of an official communication directly from the agency that contributed the original information, the FBI Identification Division makes any changes necessary in accordance with the information supplied by that agency. The licensee must provide at least 10 days for an individual to initiate an action challenging the results of a FBI CHRC after the record is made available for his/her review. The licensee may make a final access determination based on the criminal history record only upon receipt of the FBI’s ultimate confirmation or correction of the record. Upon a final adverse determination on access to an ISFSI, the licensee shall provide the individual its documented basis for denial. Access to an ISFSI shall not be granted to an individual during the review process. G. Protection of Information 1. The licensee shall develop, implement, and maintain a system for personnel information management with appropriate procedures for the protection of personal, confidential information. This system shall be designed to prohibit unauthorized access to sensitive information and to prohibit modification of the information without authorization. 2. Each licensee who obtains a criminal history record on an individual pursuant to this Order shall establish and maintain a system of files and procedures, for protecting the record and the personal information from unauthorized disclosure. 3. The licensee may not disclose the record or personal information collected and maintained to persons other than the subject individual, his/her representative, or to those who have a need to access the information in performing assigned duties in the process of determining suitability for unescorted access to the protected area of an ISFSI. No individual authorized to have access to the information may redisseminate the information to any other individual who does not have the appropriate need to know. 4. The personal information obtained on an individual from a CHRC may be transferred to another licensee if the gaining licensee receives the individual’s written request to redisseminate the information contained in his/her file, and the gaining licensee PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 verifies information such as the individual’s name, date of birth, social security number, sex, and other applicable physical characteristics for identification purposes. 5. The licensee shall make criminal history records, obtained under this section, available for examination by an authorized representative of the NRC to determine compliance with the regulations and laws. [FR Doc. 2013–16648 Filed 7–10–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0148] Proposed Revisions to Light Load Handling System and Operations Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for comment and use. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is revising and soliciting public comment on Section 9.1.4, ‘‘Light Load Handling System and Operations’’ of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ DATES: Submit comments by August 12, 2013. Comments received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2013–0148. 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. • Mail comments to: Cindy Bladey, Chief, Rules, Announcements, and Directives Branch (RADB), Office of Administration, Mail Stop: 3WFN 6– A56, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. For additional direction on accessing information and submitting comments, see ‘‘Accessing Information and Submitting Comments’’ in the SUMMARY: E:\FR\FM\11JYN1.SGM 11JYN1 Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Notices SUPPLEMENTARY INFORMATION section of this document. Mr. Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6992; email: mailto: Jonathan.DeGange@nrc.gov. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2013– 0148 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–2013–0148. • 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. The ADAMS Accession numbers for the redline document comparing the current revision and the proposed revision are available in ADAMS under Accession Nos.: Section 9.1.4, Proposed Revision 4 (ML13085A145), Current Revision 3 (ML070380200), Redline (ML13065A028). • 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. emcdonald on DSK67QTVN1PROD with NOTICES B. Submitting Comments Please include Docket ID NRC–2013– 0148 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit VerDate Mar<15>2010 18:23 Jul 10, 2013 Jkt 229001 comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. II. Further Information The Office of New Reactors is revising Section 9.1.4 from the initial issuance (ADAMS Accession No. ML070380200). In respect of this proposed revision 4 (ADAMS Accession No. ML13085A145), details of specific changes are included at the end of the proposed section. The changes to Chapter 9 of this Standard Review Plan (SRP) reflect current staff review methods and practices based on lessons learned from NRC reviews of design certification and combined license applications completed since the last revision of this chapter. This section has been updated primarily to reflect operating experience associated with Bulletin 84–03, ‘‘Refueling Cavity Water Seals’’ (ADAMS Accession No. ML082700127). The NRC staff is issuing this notice to solicit public comments on the proposed SRP Section 9.1.4 in Chapter 9. After the NRC staff considers any public comments, it will make a determination regarding the proposed SRP Section 9.1.4 in Chapter 9. III. Backfitting and Issue Finality This draft SRP, if finalized, would provide guidance to the staff for reviewing applications for a construction permit and an operating license under Part 50 of Title 10 of the Code of Federal Regulations (10 CFR) with respect to the light load handling system and related refueling operations. The draft SRP would also provide guidance for reviewing an application for a standard design approval, a standard design certification, a combined license, and a manufacturing license under 10 CFR Part 52 with respect to those same subject matters. Issuance of this draft SRP, if finalized, would not constitute backfitting as defined in 10 CFR 50.109, or otherwise be inconsistent with the issue finality provisions in 10 CFR Part 52. The staff’s position is based upon the following considerations. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 41811 1. The draft SRP positions, if finalized, do not constitute backfitting, inasmuch as the SRP is internal guidance to NRC staff. The SRP provides interim 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 applicants or licensees are protected under 10 CFR 50.109 or issue finality provisions in 10 CFR Part 52. 2. Backfitting and issue finality—with certain exceptions discussed below—do not 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. This is because neither the Backfit Rule nor the issue finality provisions under 10 CFR 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 10 CFR 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 draft SRP section (if finalized) in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the draft SRP section (if finalized) 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. 3. The staff has no intention to impose the draft SRP positions on existing nuclear power plant licenses or regulatory approvals either now or in the future (absent a voluntary request for change from the licensee, holder of a regulatory approval, or a design certification applicant). The staff does not intend to impose or apply the positions described in the draft SRP section to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals—in this case, design certifications. Hence, the draft SRP— even if considered guidance which is within the purview of the issue finality provisions in 10 CFR 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 draft E:\FR\FM\11JYN1.SGM 11JYN1 41812 Federal Register / Vol. 78, No. 133 / Thursday, July 11, 2013 / Notices SRP (if finalized) on holders of already issued licenses 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, as applicable. Dated at Rockville, Maryland, this 28th day of June 2013. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. [FR Doc. 2013–16594 Filed 7–10–13; 8:45 am] BILLING CODE 7590–01–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation Notice of Funding Availability for the Small Business Transportation Resource Center Program Office of Small and Disadvantaged Business Utilization (OSDBU), Office of the Secretary of Transportation (OST), Department of Transportation (DOT). ACTION: Notice of Funding Availability for the Gulf Region. AGENCY: The Department of Transportation (DOT), Office of the Secretary (OST), Office of Small and Disadvantaged Business Utilization (OSDBU) announces the opportunity for; (1) Business centered communitybased organizations; (2) transportationrelated trade associations; (3) colleges and universities; (4) community colleges or; (5) chambers of commerce, registered with the Internal Revenue Service as 501C(6) or 501C(3) tax-exempt organizations, to compete for participation in OSDBU’s Small Business Transportation Resource Center (SBTRC) program in the Gulf Region. OSDBU will enter into Cooperative Agreements with these organizations to provide outreach to the small business community in their designated region and provide financial and technical assistance, business training programs, business assessment, management training, counseling, marketing and outreach, and the dissemination of information, to encourage and assist small businesses to become better prepared to compete for, obtain, and manage DOT funded transportationrelated contracts and subcontracts at the federal, state and local levels. emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 18:23 Jul 10, 2013 Jkt 229001 Throughout this notice, the term ‘‘small business’’ will refer to: 8(a), small disadvantaged businesses (SDB), disadvantaged business enterprises (DBE), women owned small businesses (WOSB), HubZone, service disabled veteran owned businesses (SDVOB), and veteran owned small businesses (VOSB). Throughout this notice, ‘‘transportation-related’’ is defined as the maintenance, rehabilitation, restructuring, improvement, or revitalization of any of the nation’s modes of transportation. Funding Opportunity Number: USDOT–OST–OSDBU–SBTRC2013–4. Catalog of Federal Domestic Assistance (CFDA) Number: 20.910 Assistance to Small and Disadvantaged Businesses. Type of Award: Cooperative Agreement. Award Ceiling: $150.000. Award Floor: $125,000. Program Authority: DOT is authorized under 49 U.S.C. 332(b)(4), (5) & (7) to design and carry out programs to assist small disadvantaged businesses in getting transportation-related contracts and subcontracts; develop support mechanisms, including management and technical services, that will enable small disadvantaged businesses to take advantage of those business opportunities; and to make arrangements to carry out the above purposes. DATES: Complete Proposals must be electronically submitted to OSDBU via email on or before September 1, 2013 5:00 p.m. Eastern Standard Time (EST). Proposals received after the deadline will be considered non-responsive and will not be reviewed. The applicant is advised to request delivery receipt notification for email submissions. DOT plans to give notice of award for the competed region on or before September 27, 2013. ADDRESSES: Applications must be electronically submitted to OSDBU via email at SBTRC@dot.gov. FOR FURTHER INFORMATION: For further information concerning this notice, contact Ms. Patricia Martin-Dean, Program Analyst, U.S. Department of Transportation, Office of Small and Disadvantaged Business Utilization, 1200 New Jersey Avenue SE., W56–462, Washington, DC, 20590. Telephone: 1– 800–532–1169 or email patricia.martin@dot.gov. SUPPLEMENTARY INFORMATION: Table of Contents 1. Introduction 1.1 Background 1.2 Program Description and Goals PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 1.3 Description of Competition 1.4 Duration of Agreements 1.5 Authority 1.6 Eligibility Requirements 2. Program Requirements 2.1 Recipient Responsibilities 2.2 Office of Small and Disadvantaged Business Utilization Responsibilities 3. Submission of Proposals 3.1 Format for Proposals 3.2 Address, Number of Copies, Deadline for Submission 4. Selection Criteria 4.1 General Criteria 4.2 Scoring of Applications 4.3 Conflicts of Interest Format for Proposals—Appendix A Full Text of Announcement 1. Introduction 1.1 Background The Department of Transportation (DOT) established Office of Small and Disadvantaged Business Utilization (OSDBU) in accordance with Public Law 95–507, an amendment to the Small Business Act and the Small Business Investment Act of 1958. The mission of OSDBU at DOT is to ensure that the small and disadvantaged business policies and goals of the Secretary of Transportation are developed and implemented in a fair, efficient and effective manner to serve small and disadvantaged businesses throughout the country. The OSDBU also administers the provisions of Title 49, Section 332, the Minority Resource Center (MRC) which includes the duties of advocacy, outreach and financial services on behalf of small and disadvantaged business and those certified under CFR 49 parts 23 and or 26 as Disadvantaged Business Enterprises (DBE) and the development of programs to encourage, stimulate, promote and assist small businesses to become better prepared to compete for, obtain and manage transportationrelated contracts and subcontracts. The Regional Assistance Division of OSDBU, through the SBTRC program, allows OSDBU to partner with local organizations to offer a comprehensive delivery system of business training, technical assistance and dissemination of information, targeted towards small business transportation enterprises in their regions. 1.2 Program Description and Goals The national SBTRC program utilizes Cooperative Agreements with chambers of commerce, trade associations, educational institutions and businesscentered community based organizations to establish SBTRCs to provide business training, technical assistance and information to DOT E:\FR\FM\11JYN1.SGM 11JYN1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 78, Number 133 (Thursday, July 11, 2013)]
[Notices]
[Pages 41810-41812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16594]

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

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0148]

Proposed Revisions to Light Load Handling System and Operations

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-draft section revision; request for
comment and use.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is revising and
soliciting public comment on Section 9.1.4, ``Light Load Handling
System and Operations'' of NUREG-0800, ``Standard Review Plan for the
Review of Safety Analysis Reports for Nuclear Power Plants: LWR
Edition.''

DATES: Submit comments by August 12, 2013. Comments received after this
date will be considered, if it is practical to do so, but the
Commission is able to ensure consideration only for comments received
on or before this date.

ADDRESSES: You may submit comments by any of the following methods
(unless this document describes a different method for submitting
comments on a specific subject):
Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2013-0148. 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.
Mail comments to: Cindy Bladey, Chief, Rules,
Announcements, and Directives Branch (RADB), Office of Administration,
Mail Stop: 3WFN 6-A56, U.S. Nuclear Regulatory Commission, Washington,
DC 20555-0001.
For additional direction on accessing information and submitting
comments, see ``Accessing Information and Submitting Comments'' in the

[[Page 41811]]

SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan DeGange, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6992; email: mailto: Jonathan.DeGange@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Accessing Information and Submitting Comments

A. Accessing Information

Please refer to Docket ID NRC-2013-0148 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-2013-0148.
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 numbers
for the redline document comparing the current revision and the
proposed revision are available in ADAMS under Accession Nos.: Section
9.1.4, Proposed Revision 4 (ML13085A145), Current Revision 3
(ML070380200), Redline (ML13065A028).
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.

B. Submitting Comments

Please include Docket ID NRC-2013-0148 in the subject line of your
comment submission, in order to ensure that the NRC is able to make
your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact
information that you do not want to be publicly disclosed in your
comment submission. The NRC will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into
ADAMS. The NRC does not routinely edit comment submissions to remove
identifying or contact information.
If you are requesting or aggregating comments from other persons
for submission to the NRC, then you should inform those persons not to
include identifying or contact information that they do not want to be
publicly disclosed in their comment submission. Your request should
state that the NRC does not routinely edit comment submissions to
remove such information before making the comment submissions available
to the public or entering the comment submissions into ADAMS.

II. Further Information

The Office of New Reactors is revising Section 9.1.4 from the
initial issuance (ADAMS Accession No. ML070380200). In respect of this
proposed revision 4 (ADAMS Accession No. ML13085A145), details of
specific changes are included at the end of the proposed section.
The changes to Chapter 9 of this Standard Review Plan (SRP) reflect
current staff review methods and practices based on lessons learned
from NRC reviews of design certification and combined license
applications completed since the last revision of this chapter. This
section has been updated primarily to reflect operating experience
associated with Bulletin 84-03, ``Refueling Cavity Water Seals'' (ADAMS
Accession No. ML082700127).
The NRC staff is issuing this notice to solicit public comments on
the proposed SRP Section 9.1.4 in Chapter 9. After the NRC staff
considers any public comments, it will make a determination regarding
the proposed SRP Section 9.1.4 in Chapter 9.

III. Backfitting and Issue Finality

This draft SRP, if finalized, would provide guidance to the staff
for reviewing applications for a construction permit and an operating
license under Part 50 of Title 10 of the Code of Federal Regulations
(10 CFR) with respect to the light load handling system and related
refueling operations. The draft SRP would also provide guidance for
reviewing an application for a standard design approval, a standard
design certification, a combined license, and a manufacturing license
under 10 CFR Part 52 with respect to those same subject matters.
Issuance of this draft SRP, if finalized, would not constitute
backfitting as defined in 10 CFR 50.109, or otherwise be inconsistent
with the issue finality provisions in 10 CFR Part 52. The staff's
position is based upon the following considerations.
1. The draft SRP positions, if finalized, do not constitute
backfitting, inasmuch as the SRP is internal guidance to NRC staff.
The SRP provides interim 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 applicants
or licensees are protected under 10 CFR 50.109 or issue finality
provisions in 10 CFR Part 52.
2. Backfitting and issue finality--with certain exceptions
discussed below--do not 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. This is because neither the Backfit
Rule nor the issue finality provisions under 10 CFR 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 10 CFR 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 draft SRP
section (if finalized) in a manner that is inconsistent with any issue
finality provisions. If, in the future, the staff seeks to impose a
position in the draft SRP section (if finalized) 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.
3. The staff has no intention to impose the draft SRP positions on
existing nuclear power plant licenses or regulatory approvals either
now or in the future (absent a voluntary request for change from the
licensee, holder of a regulatory approval, or a design certification
applicant).
The staff does not intend to impose or apply the positions
described in the draft SRP section to existing (already issued)
licenses (e.g., operating licenses and combined licenses) and
regulatory approvals--in this case, design certifications. Hence, the
draft SRP--even if considered guidance which is within the purview of
the issue finality provisions in 10 CFR 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 draft

[[Page 41812]]

SRP (if finalized) on holders of already issued licenses 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, as
applicable.

Dated at Rockville, Maryland, this 28th day of June 2013.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactors and Rulemaking,
Office of New Reactors.
[FR Doc. 2013-16594 Filed 7-10-13; 8:45 am]
BILLING CODE 7590-01-P

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