Revisions to Design of Structures, Components, Equipment, and Systems, 26784-26785 [2014-10715]

Download as PDF 26784 Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Notices for Docket ID NRC 2010–0135. 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 obtain publicly available documents online in the ADAMS Public Documents collection 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 number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. • 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: David Misenhimer, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001; telephone: 301–415–6590, email: David.Misenhimer@nrc.gov. SUPPLEMENTARY INFORMATION: On August 24, 2005, General Electric-Hitachi Nuclear Energy tendered its application for certification of the ESBWR standard nuclear reactor design to the NRC. The applicant submitted this application in accordance with Part 52 of Title 10 of the Code of Federal Regulations, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants,’’ Subpart B, ‘‘Standard Design Certifications.’’ The application included the ESBWR DCD and the ESBWR PRA. On March 9, 2011, the staff issued the final safety evaluation report (ADAMS Accession Number ML103470210) and final design approval (ADAMS Accession Number ML110540310) for the ESBWR standard design. On March 24, 2011, the NRC published the proposed rule in the Federal Register (76 FR 16549). In late 2011, while the NRC staff was preparing the final rule, issues were identified with the ESBWR steam dryer, a non-safety related component. These issues called into question certain conclusions in the staff’s safety review. Publication of NUREG–1966 was delayed while the steam dryer design methodology was under review. The NRC issued requests for additional information (RAIs). Resolution of these issues required additional analyses by the applicant and review by the NRC staff in order for the NRC staff to conclude the design is acceptable for certification. Responses to all RAIs were received in December 2013. An Advanced Supplemental FSER was issued to the ACRS on February 12, 2014 which became publicly available on April 17, 2014 (ADAMS Accession No. ML14043A134). The supplemental final safety evaluation report includes the NRC staff’s safety review of the steam dryer issues. This notice announces the final safety evaluation report was published as NUREG–1966 in April 2014 (ADAMS Accession No. ML14100A304). Dated at Rockville, Maryland, this 1st day of May 2014. For the Nuclear Regulatory Commission. Ronaldo Jenkins, Chief, Licensing Branch 3, Division of New Reactor Licensing, Office of New Reactor. [FR Doc. 2014–10716 Filed 5–8–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0160] Revisions to Design of Structures, Components, Equipment, and Systems Nuclear Regulatory Commission. ACTION: Standard review plan-final section revision; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final SUMMARY: revisions to the following sections in Chapter 3 of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,’’ Section 3.9.3, ‘‘ASME Code Class 1, 2, and 3 Components and Component Supports, and Core Support Structures,’’ and Section 3.12, ‘‘ASME Code Class 1, 2, and 3 Piping Systems, Piping Components and their Associated Supports.’’ The effective date of this Standard Review Plan (SRP) update is July 8, 2014. ADDRESSES: Please refer to Docket ID NRC–2013–0160 when contacting the NRC about the availability of information regarding this document. You may access publicly-available information related to this document using any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2013–0160. 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. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publicly available documents online in the ADAMS Public Documents collection 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 number for each document referenced in this document (if that document is available in ADAMS) is provided the first time that a document is referenced. The final revisions and previously issued draft revisions for public use and comment are available in ADAMS under the following Accession Nos.: DATES: SRP section Final revision ehiers on DSK2VPTVN1PROD with NOTICES 3.9.3 ...................................................................................................................................................... 3.12 ....................................................................................................................................................... The NRC posts its issued staff guidance on the NRC’s external Web page: http://www.nrc.gov/reading-rm/ doc-collections/nuregs/staff/sr0800/. VerDate Mar<15>2010 14:53 May 08, 2014 Jkt 232001 FOR FURTHER INFORMATION CONTACT: Jonathan DeGange, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555– PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 ML14043A231 ML14042A513 Draft revision ML12334A360 ML12334A376 0001; telephone at 301–415–6992 or email at Jonathan.DeGange@nrc.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\09MYN1.SGM 09MYN1 Federal Register / Vol. 79, No. 90 / Friday, May 9, 2014 / Notices I. Background On August 9, 2013 (78 FR 48727), the NRC staff issued the previously mentioned proposed revised SRP sections for public comment. The NRC staff received no comments on the proposed revisions. This guidance is being issued as final for use. There were no changes made to the guidance since it was issued for public comment. Details of specific changes between current SRP guidance and the final guidance being issued here are included at the end of each of the revised sections themselves, under the ‘‘Description of Changes’’ subsections. II. Backfitting and Issue Finality These SRP section revisions 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 designs of structures, components, equipment, and systems. The SRP also provides 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 these SRP section revisions does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it inconsistent with the issue finality provisions in 10 CFR part 52. The NRC’s position is based upon the following considerations. ehiers on DSK2VPTVN1PROD with NOTICES 1. The SRP Positions Would Not Constitute Backfitting, Inasmuch as the SRP Is Internal Guidance to NRC Staff The SRP provides internal guidance to the NRC staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in internal staff guidance are not matters for which either nuclear power plant applicants or licensees are protected under either the Backfit Rule or the issue finality provisions of 10 CFR part 52. 2. The NRC Staff Has No Intention To Impose the SRP Positions on Existing Licensees Either Now or in the Future The NRC staff does not intend to impose or apply the positions described in the SRP to existing licenses and regulatory approvals. Hence, the issuance of this SRP—even if considered guidance within the purview of the issue finality provisions in 10 CFR part 52—does not need to be evaluated as if it were a backfit or as being inconsistent with issue finality provisions. If, in the future, the NRC VerDate Mar<15>2010 14:53 May 08, 2014 Jkt 232001 staff seeks to impose a position in the SRP on holders of already-issued licenses in a manner that does not provide issue finality as described in the applicable issue finality provision, then the staff must make the showing as set forth in the Backfit Rule or address the criteria for avoiding issue finality as described in the applicable issue finality provision. 3. Backfitting and Issue Finality Do Not—With Limited Exceptions Not Applicable Here—Protect Current or Future Applicant Applicants and potential applicants are not, with certain exceptions, protected by either the Backfit Rule or any issue finality provisions under 10 CFR part 52. Neither the Backfit Rule nor the issue finality provisions under 10 CFR part 52—with certain exclusions—were intended to apply to every NRC action that substantially changes the expectations of current and future applicants. The exceptions to the general principle are applicable whenever an applicant references a 10 CFR part 52 license (e.g., an early site permit) or NRC regulatory approval (e.g., a design certification rule) with specified issue finality provisions. The NRC staff does not, at this time, intend to impose the positions represented in the SRP in a manner that is inconsistent with any issue finality provisions. If, in the future, the staff seeks to impose a position in the SRP section in a manner that does not provide issue finality as described in the applicable issue finality provision, then the staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. 26785 POSTAL SERVICE Board of Governors; Sunshine Act Meeting; Cancellation of Closed Session On April 22, 2014, the Board of Governors of the U.S. Postal Service filed a public announcement that it would meet in closed session on May 8, 2014, at 12:45 p.m., Eastern Daylight Time. That announcement further stated that the Board would meet in open session the following day, May 9, 2014, at 8:30 a.m., and would reconvene in closed session at 10:30 a.m. if needed to complete its closed session agenda. This announcement was published in the Federal Register on April 24, 2014, 79 FR 22837. The purpose of the present announcement is to inform the public that the closed session of the Board’s meeting has been cancelled. The previously announced open session of the Board will begin as scheduled at 8:30 a.m. on May 9, 2014. Following the conclusion of the scheduled public agenda, in accordance with section 7.5(c)(2) of its Bylaws (39 CFR 7.5(c)(2)), the Board may vote to continue the meeting in a closed session to discuss appropriate matters. CONTACT PERSON FOR MORE INFORMATION: Julie S. Moore, Secretary of the Board, U.S. Postal Service, 475 L’Enfant Plaza SW., Washington, DC 20260–1000. Telephone (202) 268–4800. DATE AND TIME: Julie S. Moore, Secretary. [FR Doc. 2014–10865 Filed 5–7–14; 4:15 pm] BILLING CODE 7710–12–P SECURITIES AND EXCHANGE COMMISSION III. Congressional Review Act [Release No. 34–72095; File No. SR–Phlx– 2014–29] This action is a rule as defined in the Congressional Review Act (5 U.S.C. 801–808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Mini Options Pricing Dated at Rockville, Maryland, this 1st day of May 2014. For the Nuclear Regulatory Commission. Stephen Koenick, Acting Chief, Policy Branch, Division of Advanced Reactors and Rulemaking, Office of New Reactors. [FR Doc. 2014–10715 Filed 5–8–14; 8:45 am] BILLING CODE 7590–01–P PO 00000 May 5, 2014. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on April 30, 2014, NASDAQ OMX PHLX LLC (‘‘Phlx’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘SEC’’ or ‘‘Commission’’) the proposed rule change as described in Items I and II, below, which Items have been 1 15 2 17 Frm 00076 Fmt 4703 Sfmt 4703 U.S.C. 78s(b)(1). CFR 240.19b–4. E:\FR\FM\09MYN1.SGM 09MYN1

Agencies

[Federal Register Volume 79, Number 90 (Friday, May 9, 2014)]
[Notices]
[Pages 26784-26785]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10715]


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NUCLEAR REGULATORY COMMISSION

[NRC-2013-0160]


Revisions to Design of Structures, Components, Equipment, and 
Systems

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-final section revision; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final 
revisions to the following sections in Chapter 3 of NUREG-0800, 
``Standard Review Plan for the Review of Safety Analysis Reports for 
Nuclear Power Plants: LWR Edition,'' Section 3.9.3, ``ASME Code Class 
1, 2, and 3 Components and Component Supports, and Core Support 
Structures,'' and Section 3.12, ``ASME Code Class 1, 2, and 3 Piping 
Systems, Piping Components and their Associated Supports.''

DATES: The effective date of this Standard Review Plan (SRP) update is 
July 8, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0160 when contacting the 
NRC about the availability of information regarding this document. You 
may access publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2013-0160. 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.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly available documents online in the 
ADAMS Public Documents collection 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 number for each document referenced in this document 
(if that document is available in ADAMS) is provided the first time 
that a document is referenced. The final revisions and previously 
issued draft revisions for public use and comment are available in 
ADAMS under the following Accession Nos.:

----------------------------------------------------------------------------------------------------------------
              SRP section                          Final revision                       Draft revision
----------------------------------------------------------------------------------------------------------------
3.9.3.................................  ML14043A231                          ML12334A360
3.12..................................  ML14042A513                          ML12334A376
----------------------------------------------------------------------------------------------------------------

    The NRC posts its issued staff guidance on the NRC's external Web 
page: 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 at 301-415-6992 or email at Jonathan.DeGange@nrc.gov.

SUPPLEMENTARY INFORMATION:

[[Page 26785]]

I. Background

    On August 9, 2013 (78 FR 48727), the NRC staff issued the 
previously mentioned proposed revised SRP sections for public comment. 
The NRC staff received no comments on the proposed revisions. This 
guidance is being issued as final for use. There were no changes made 
to the guidance since it was issued for public comment. Details of 
specific changes between current SRP guidance and the final guidance 
being issued here are included at the end of each of the revised 
sections themselves, under the ``Description of Changes'' subsections.

II. Backfitting and Issue Finality

    These SRP section revisions 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 designs of structures, components, equipment, 
and systems. The SRP also provides 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 these SRP section revisions does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
NRC's position is based upon the following considerations.

1. The SRP Positions Would Not Constitute Backfitting, Inasmuch as the 
SRP Is Internal Guidance to NRC Staff

    The SRP provides internal guidance to the NRC staff on how to 
review an application for NRC regulatory approval in the form of 
licensing. Changes in internal staff guidance are not matters for which 
either nuclear power plant applicants or licensees are protected under 
either the Backfit Rule or the issue finality provisions of 10 CFR part 
52.

2. The NRC Staff Has No Intention To Impose the SRP Positions on 
Existing Licensees Either Now or in the Future

    The NRC staff does not intend to impose or apply the positions 
described in the SRP to existing licenses and regulatory approvals. 
Hence, the issuance of this SRP--even if considered guidance within the 
purview of the issue finality provisions in 10 CFR part 52--does not 
need to be evaluated as if it were a backfit or as being inconsistent 
with issue finality provisions. If, in the future, the NRC staff seeks 
to impose a position in the SRP on holders of already-issued licenses 
in a manner that does not provide issue finality as described in the 
applicable issue finality provision, then the staff must make the 
showing as set forth in the Backfit Rule or address the criteria for 
avoiding issue finality as described in the applicable issue finality 
provision.

3. Backfitting and Issue Finality Do Not--With Limited Exceptions Not 
Applicable Here--Protect Current or Future Applicant

    Applicants and potential applicants are not, with certain 
exceptions, protected by either the Backfit Rule or any issue finality 
provisions under 10 CFR part 52. Neither the Backfit Rule nor the issue 
finality provisions under 10 CFR part 52--with certain exclusions--were 
intended to apply to every NRC action that substantially changes the 
expectations of current and future applicants. The exceptions to the 
general principle are applicable whenever an applicant references a 10 
CFR part 52 license (e.g., an early site permit) or NRC regulatory 
approval (e.g., a design certification rule) with specified issue 
finality provisions. The NRC staff does not, at this time, intend to 
impose the positions represented in the SRP in a manner that is 
inconsistent with any issue finality provisions. If, in the future, the 
staff seeks to impose a position in the SRP section in a manner that 
does not provide issue finality as described in the applicable issue 
finality provision, then the staff must address the criteria for 
avoiding issue finality as described in the applicable issue finality 
provision.

III. Congressional Review Act

    This action is a rule as defined in the Congressional Review Act (5 
U.S.C. 801-808). However, the Office of Management and Budget has not 
found it to be a major rule as defined in the Congressional Review Act.

    Dated at Rockville, Maryland, this 1st day of May 2014.

    For the Nuclear Regulatory Commission.
Stephen Koenick,
Acting Chief, Policy Branch, Division of Advanced Reactors and 
Rulemaking, Office of New Reactors.
[FR Doc. 2014-10715 Filed 5-8-14; 8:45 am]
BILLING CODE 7590-01-P