Introduction-Part 2, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: Light-Water Small Modular Reactor Edition, 6657-6658 [2014-02317]

Download as PDF Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices application(s) for CHRCs, including the FBI fingerprint record. mstockstill on DSK4VPTVN1PROD with NOTICES 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 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 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 VerDate Mar<15>2010 20:14 Feb 03, 2014 Jkt 232001 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 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. 2014–02324 Filed 2–3–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2012–0268] Introduction—Part 2, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: Light-Water Small Modular Reactor Edition Nuclear Regulatory Commission. ACTION: Standard review plan section; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a final revision to the following section of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ The final revision is the Standard Review Plan (SRP), ‘‘Introduction—Part 2, Standard Review SUMMARY: PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 6657 Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LightWater Small Modular Reactor Edition.’’ DATES: The effective date of this SRP update is March 6, 2014. ADDRESSES: Please refer to Docket ID NRC–2012–0268 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this action by the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2012–0268. Address questions about NRC dockets to Carol Gallagher; telephone: 301–287–3422; 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 access publiclyavailable 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 final revision for ‘‘Introduction—Part 2, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: Light-Water Small Modular Reactor Edition’’ is available in ADAMS under Accession No. ML13207A315. • 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 at http://www.nrc.gov/reading-rm/ doc-collections/nuregs/staff/sr0800/. FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6992 or email: mailto:Jonathan.DeGange@ nrc.gov. SUPPLEMENTARY INFORMATION: I. Background On January 22, 2013 (78 FR 4477), the NRC published for public comment the initial issuance of ‘‘Introduction—Part 2, Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: Integral Pressurized Water Reactor (iPWR) Edition.’’ E:\FR\FM\04FEN1.SGM 04FEN1 6658 Federal Register / Vol. 79, No. 23 / Tuesday, February 4, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES Comment submissions were received on the proposed revision (ADAMS Accession No. ML12142A237). The NRC staff made several changes to the proposed revision after consideration of the comments. The scope of use of the new introduction has been expanded to include any type of application under Part 52 of Title 10 of the Code of Federal Regulations (10 CFR): early site permits (ESPs), design certifications (DCs), standard design approvals (SDAs), combined licenses (COLs), or manufacturing licenses (MLs). Additionally, throughout the document, the use of the term ‘‘iPWR’’ (integral pressurized water reactor) has been replaced by ‘‘SMR’’ (small modular reactor) for consistency. Finally, the historical summary paragraph related to SECY–11–0156 was removed as it did not directly apply to the guidance in the new part of the introduction. A summary of the public comments and the NRC staff’s disposition of the comments are available in a separate document, Response to Public Comments on Draft SRP, ‘‘Introduction—Part 2’’ (ADAMS Accession No. ML13207A309). The ADAMS Accession Number for the Nuclear Energy Institute letter and comments is ML13091A017. II. Backfitting and Issue Finality Issuance of this final SRP section does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52. The NRC staff’s position is based upon the following considerations: 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 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 were intended to apply to every NRC action which substantially changes the expectations of current and future applicants. VerDate Mar<15>2010 20:14 Feb 03, 2014 Jkt 232001 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 currently intend to impose the positions represented in this SRP section in a manner that is inconsistent with any issue finality provisions of 10 CFR part 52. If in the future the NRC staff does indeed intend to impose positions inconsistent with these issue finality provisions, the NRC staff must address the regulatory criteria for avoiding issue finality. 3. The NRC staff has no intention to impose the 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 SRP section to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals—in this case, design certifications. Hence, the issuance of this SRP guidance 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 SRP 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. III. 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 28th day of January 2014. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. [FR Doc. 2014–02317 Filed 2–3–14; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 203A–2(e), OMB Control No. 3235– 0559, SEC File No. 270–501. Notice is hereby given that, pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (‘‘PRA’’), the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collections of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rule 203A–2(e),1 which is entitled ‘‘Internet Investment Advisers,’’ exempts from the prohibition on Commission registration an Internet investment adviser who provides investment advice to all of its clients exclusively through computer softwarebased models or applications, termed under the rule as ‘‘interactive Web sites.’’ 2 These advisers generally would not meet the statutory thresholds currently set out in section 203A of the Advisers Act 3—they do not manage $25 million or more in assets and do not advise registered investment companies, or they manage between $25 million and $100 million in assets, do not advise registered investment companies or business development companies, and are required to be registered as investment advisers with the states in which they maintain their principal offices and places of business and are subject to examination as an adviser by such states.4 Eligibility under rule 203A–2(e) is conditioned on an adviser maintaining in an easily accessible place, for a period of not less than five years from the filing of Form ADV,5 a 1 17 CFR 275.203A–2(e). in rule 203A–2(e) is a limited exception to the interactive Web site requirement which allows these advisers to provide investment advice to fewer than 15 clients through other means on an annual basis. 17 CFR 275.203A–2(e)(1)(i). The rule also precludes advisers in a control relationship with an SEC-registered Internet adviser from registering with the Commission under the common control exemption provided by rule 203A– 2(b) (17 CFR 275.203A–2(b)). 17 CFR 275.203A– 2(e)(1)(iii). 3 15 U.S.C. 80b–3a(a). 4 Id. 5 The five-year record retention period is a similar recordkeeping retention period as imposed on all 2 Included E:\FR\FM\04FEN1.SGM 04FEN1

Agencies

[Federal Register Volume 79, Number 23 (Tuesday, February 4, 2014)]
[Notices]
[Pages 6657-6658]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02317]


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NUCLEAR REGULATORY COMMISSION

[NRC-2012-0268]


Introduction--Part 2, Standard Review Plan for the Review of 
Safety Analysis Reports for Nuclear Power Plants: Light-Water Small 
Modular Reactor Edition

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan section; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
final revision to the following section of NUREG-0800, ``Standard 
Review Plan for the Review of Safety Analysis Reports for Nuclear Power 
Plants: LWR Edition.'' The final revision is the Standard Review Plan 
(SRP), ``Introduction--Part 2, Standard Review Plan for the Review of 
Safety Analysis Reports for Nuclear Power Plants: Light-Water Small 
Modular Reactor Edition.''

DATES: The effective date of this SRP update is March 6, 2014.

ADDRESSES: Please refer to Docket ID NRC-2012-0268 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this action by the 
following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2012-0268. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-287-
3422; 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 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 final revision for 
``Introduction--Part 2, Standard Review Plan for the Review of Safety 
Analysis Reports for Nuclear Power Plants: Light-Water Small Modular 
Reactor Edition'' is available in ADAMS under Accession No. 
ML13207A315.
     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 at http://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/.

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

SUPPLEMENTARY INFORMATION:

I. Background

    On January 22, 2013 (78 FR 4477), the NRC published for public 
comment the initial issuance of ``Introduction--Part 2, Standard Review 
Plan for the Review of Safety Analysis Reports for Nuclear Power 
Plants: Integral Pressurized Water Reactor (iPWR) Edition.''

[[Page 6658]]

    Comment submissions were received on the proposed revision (ADAMS 
Accession No. ML12142A237).
    The NRC staff made several changes to the proposed revision after 
consideration of the comments. The scope of use of the new introduction 
has been expanded to include any type of application under Part 52 of 
Title 10 of the Code of Federal Regulations (10 CFR): early site 
permits (ESPs), design certifications (DCs), standard design approvals 
(SDAs), combined licenses (COLs), or manufacturing licenses (MLs). 
Additionally, throughout the document, the use of the term ``iPWR'' 
(integral pressurized water reactor) has been replaced by ``SMR'' 
(small modular reactor) for consistency. Finally, the historical 
summary paragraph related to SECY-11-0156 was removed as it did not 
directly apply to the guidance in the new part of the introduction.
    A summary of the public comments and the NRC staff's disposition of 
the comments are available in a separate document, Response to Public 
Comments on Draft SRP, ``Introduction--Part 2'' (ADAMS Accession No. 
ML13207A309). The ADAMS Accession Number for the Nuclear Energy 
Institute letter and comments is ML13091A017.

II. Backfitting and Issue Finality

    Issuance of this final SRP section does not constitute backfitting 
as defined in 10 CFR 50.109 (the Backfit Rule) and is not otherwise 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
NRC staff's position is based upon the following considerations:
    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 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 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 
currently intend to impose the positions represented in this SRP 
section in a manner that is inconsistent with any issue finality 
provisions of 10 CFR part 52. If in the future the NRC staff does 
indeed intend to impose positions inconsistent with these issue 
finality provisions, the NRC staff must address the regulatory criteria 
for avoiding issue finality.
    3. The NRC staff has no intention to impose the 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 SRP section to existing (already issued) licenses 
(e.g., operating licenses and combined licenses) and regulatory 
approvals--in this case, design certifications. Hence, the issuance of 
this SRP guidance 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 SRP 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.

III. 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 28th day of January 2014.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, 
Office of New Reactors.
[FR Doc. 2014-02317 Filed 2-3-14; 8:45 am]
BILLING CODE 7590-01-P