Proposed Revision to Missiles Generated by Extreme Winds, 48503-48504 [2013-19177]

Download as PDF Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Notices their background. The NRC Forms 850A, 850B, and 850C will be used by the NRC to obtain information on NRC contractors, subcontractors, and other individuals who are not NRC employees and require access to the NRC buildings, IT systems, sensitive information, sensitive unclassified information, or classified information. The public may examine and have copied for fee publicly available documents, including the final supporting statement, at the NRC’s Public Document Room, Room O–1F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. The OMB clearance requests are available at the NRC’s Web site: http://www.nrc.gov/ public-involve/doc-comment/omb/. The document will be available on the NRC’s home page site for 60 days after the signature date of this notice. Comments and questions should be directed to the OMB reviewer listed below by September 9, 2013. Comments received after this date will be considered if it is practical to do so, but assurance of consideration cannot be given to comments received after this date. Chad Whiteman, Desk Officer, Office of Information and Regulatory Affairs (3150–XXXX), NEOB–10202, Office of Management and Budget, Washington, DC 20503. Comments can also be emailed to Chad_S_Whiteman@omb.eop.gov or submitted by telephone at 202–395– 4718. The NRC Clearance Officer is Tremaine Donnell, 301–415–6258. Dated at Rockville, Maryland, this 5th day of August, 2013. For the Nuclear Regulatory Commission. Tremaine Donnell, NRC Clearance Officer, Office of Information Services. [FR Doc. 2013–19173 Filed 8–7–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0161] Proposed Revision to Missiles Generated by Extreme Winds Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for comment and use. tkelley on DSK3SPTVN1PROD with NOTICES AGENCY: VerDate Mar<15>2010 16:55 Aug 07, 2013 Jkt 229001 Comments must be filed no later than September 9, 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. DATES: 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 http://www.regulations.gov and search for Docket ID NRC–2013–0161. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; 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 06– 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 SUPPLEMENTARY INFORMATION section of this document. ADDRESSES: Mr. Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone at 301–415–6992 or email at Jonathan.DeGange@nrc.gov. FOR FURTHER INFORMATION CONTACT: The U.S. Nuclear Regulatory Commission (NRC) is soliciting public comment on a proposed revision 4 to SUMMARY: Section 3.5.1.4, ‘‘Missiles Generated by Extreme Winds,’’ of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ This revision incorporates guidance and recommendations from Regulatory Guide (RG) 1.221, ‘‘Design-Basis Hurricane and Hurricane Missiles for Nuclear Power Plants,’’ and Interim Staff Guidance DC/COL–ISG–024, ‘‘Implementation of Regulatory Guide 1.221 on Design-Basis Hurricane and Hurricane Missiles.’’ In addition, this revision provides clarification on areas of review and acceptance criteria for assessment of design-basis missiles generated by extreme winds. The revision also incorporates guidance on regulatory treatment of nonsafety systems. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 48503 I. Accessing Information and Submitting Comments A. Accessing Information Please refer to Docket ID NRC–2013– 0161 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 http://www.regulations.gov and search for Docket ID NRC–2013–0161. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may access publicly available documents online in the NRC Library at http://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.: Proposed revision 4 (ML13043A004), current revision 3 (ML070380174), and redline (ML13064A400). • 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, MD 20852. B. Submitting Comments Please include Docket ID NRC–2013– 0161 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 in comment submissions that you do not want to be publicly disclosed. The NRC posts all comment submissions at http:// www.regulations.gov as well as enters 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 in their comment submissions that they do not want to be publicly disclosed. Your request should state that the NRC does not routinely edit comment submissions to remove such information before E:\FR\FM\08AUN1.SGM 08AUN1 48504 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Notices making the comment submissions available to the public or entering the comment submissions into ADAMS. tkelley on DSK3SPTVN1PROD with NOTICES II. Further Information The Office of New Reactors and Office of Nuclear Reactor Regulation are revising Section 3.5.1.4 of the SRP from the current revision 3. Changes in this revision include new guidance for hurricane winds and associated missiles from RG 1.221, ‘‘Design-Basis Hurricane and Hurricane Missiles for Nuclear Power Plants’’ (ADAMS, Accession No. ML110940300), and Interim Staff Guidance DC/COL–ISG–024, ‘‘Implementation of Regulatory Guide 1.221 on Design-Basis Hurricane and Hurricane Missiles’’ (ADAMS Accession No. ML13015A693). The NRC staff is issuing this notice to solicit public comments on the proposed revision 4 of Section 3.5.1.4 of the SRP. After the NRC staff considers any public comments, it will make a determination regarding the proposed revision to Section 3.5.1.4. 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 missiles generated by extreme winds. 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 VerDate Mar<15>2010 16:55 Aug 07, 2013 Jkt 229001 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 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 make 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 SRP (if finalized) on holders of already issued holders of 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 1st day of August 2013. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 For the Nuclear Regulatory Commission. George M. Tartal, Acting Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. [FR Doc. 2013–19177 Filed 8–7–13; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0179] Proposed Revisions to Maintenance Rule Standard Review Plan Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is revising the following section in Chapter 17, ‘‘Quality Assurance’’ and soliciting public comment on NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,’’ Section 17.6, ‘‘Maintenance Rule.’’ DATES: Comments must be filed no later than September 9, 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 comment 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 http://www.regulations.gov and search for Docket ID NRC–2013–0179. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; 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– 06A56, 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 SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory SUMMARY: E:\FR\FM\08AUN1.SGM 08AUN1

Agencies

[Federal Register Volume 78, Number 153 (Thursday, August 8, 2013)]
[Notices]
[Pages 48503-48504]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19177]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0161]


Proposed Revision to Missiles Generated by Extreme Winds

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 soliciting 
public comment on a proposed revision 4 to Section 3.5.1.4, ``Missiles 
Generated by Extreme Winds,'' of NUREG-0800, ``Standard Review Plan for 
the Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition.'' This revision incorporates guidance and recommendations from 
Regulatory Guide (RG) 1.221, ``Design-Basis Hurricane and Hurricane 
Missiles for Nuclear Power Plants,'' and Interim Staff Guidance DC/COL-
ISG-024, ``Implementation of Regulatory Guide 1.221 on Design-Basis 
Hurricane and Hurricane Missiles.'' In addition, this revision provides 
clarification on areas of review and acceptance criteria for assessment 
of design-basis missiles generated by extreme winds. The revision also 
incorporates guidance on regulatory treatment of nonsafety systems.

DATES: Comments must be filed no later than September 9, 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 http://www.regulations.gov and search for Docket ID NRC-2013-0161. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; 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 06-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 
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 at 301-415-6992 or email at Jonathan.DeGange@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Accessing Information and Submitting Comments

A. Accessing Information

    Please refer to Docket ID NRC-2013-0161 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 http://www.regulations.gov and search for Docket ID NRC-2013-0161.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may access publicly available documents online in the NRC 
Library at http://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.: Proposed 
revision 4 (ML13043A004), current revision 3 (ML070380174), and redline 
(ML13064A400).
     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, MD 20852.

B. Submitting Comments

    Please include Docket ID NRC-2013-0161 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 in comment submissions that you do not want to be publicly 
disclosed. The NRC posts all comment submissions at http://www.regulations.gov as well as enters 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 in their comment submissions 
that they do not want to be publicly disclosed. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before

[[Page 48504]]

making the comment submissions available to the public or entering the 
comment submissions into ADAMS.

II. Further Information

    The Office of New Reactors and Office of Nuclear Reactor Regulation 
are revising Section 3.5.1.4 of the SRP from the current revision 3. 
Changes in this revision include new guidance for hurricane winds and 
associated missiles from RG 1.221, ``Design-Basis Hurricane and 
Hurricane Missiles for Nuclear Power Plants'' (ADAMS, Accession No. 
ML110940300), and Interim Staff Guidance DC/COL-ISG-024, 
``Implementation of Regulatory Guide 1.221 on Design-Basis Hurricane 
and Hurricane Missiles'' (ADAMS Accession No. ML13015A693).
    The NRC staff is issuing this notice to solicit public comments on 
the proposed revision 4 of Section 3.5.1.4 of the SRP. After the NRC 
staff considers any public comments, it will make a determination 
regarding the proposed revision to Section 3.5.1.4.

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 missiles generated by extreme winds. 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 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 make 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 SRP (if finalized) on holders of already issued holders of 
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 1st day of August 2013.

    For the Nuclear Regulatory Commission.
George M. Tartal,
Acting Chief, Policy Branch, Division of Advanced Reactors and 
Rulemaking, Office of New Reactors.
[FR Doc. 2013-19177 Filed 8-7-13; 8:45 am]
BILLING CODE 7590-01-P