Maintenance Rule, 45497-45498 [2014-18515]
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Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Notices
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 SRP in a
manner that is inconsistent with any
issue finality provisions. If, in the
future, the staff seeks to impose a
position in the SRP in a manner which
does not provide issue finality as
described in the applicable issue finality
provision, then the staff must address
the criteria for avoiding issue finality as
described in the applicable issue finality
provision.
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 24th day
of July, 2014.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, New Reactor Rulemaking and
Guidance Branch, Division of Advanced
Reactors and Rulemaking, Office of New
Reactors.
[FR Doc. 2014–18507 Filed 8–4–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0179]
Maintenance Rule
Nuclear Regulatory
Commission.
ACTION: Standard review plan—final
section; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a final
revision to Section 17.6, ‘‘Maintenance
Rule,’’ of NUREG–0800, ‘‘Standard
Review Plan for the Review of Safety
Analysis Reports for Nuclear Power
Plants: LWR Edition.’’
DATES: The effective date of this
Standard Review Plan (SRP) update is
September 4, 2014.
ADDRESSES: Please refer to Docket ID
NRC–2013–0179 when contacting the
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:16 Aug 04, 2014
Jkt 232001
NRC about the availability of
information regarding this document.
You may obtain publicly-available
information related to this document
using any of the following methods:
• Federal Rulemaking Web site: Go to
https://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
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publiclyavailable documents online in the NRC
Library at https://www.nrc.gov/readingrm/adams.html. To begin the search,
select ‘‘ADAMS Public Documents’’ and
then select ‘‘Begin Web-based ADAMS
Search.’’ For problems with ADAMS,
please contact the NRC’s Public
Document Room (PDR) reference staff at
1–800–397–4209, 301–415–4737, or by
email to pdr.resource@nrc.gov. The
ADAMS accession number for each
document referenced in this notice (if
that document is available in ADAMS)
is provided the first time that a
document is referenced. The final
revision for Standard Review Plan (SRP)
Section17.6, ‘‘Maintenance Rule,’’ is
available under ADAMS Accession No.
ML14099A044. A redline strikeout
comparing the proposed and final
revision of the document can be found
in ADAMS under Accession No.
ML14099A053.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
• The NRC posts its issued staff
guidance on the NRC’s external Web
page (https://www.nrc.gov/reading-rm/
doc-collections/nuregs/staff/sr0800/).
FOR FURTHER INFORMATION CONTACT: Mr.
Jonathan DeGange, Office of New
Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001, telephone: 301–415–6992, email:
Jonathan.DeGange@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 8, 2013 (78 FR 48504), the
NRC published for public comment the
proposed SRP Section 17.6,
‘‘Maintenance Rule,’’ in Chapter 17,
‘‘Quality Assurance,’’ of NUREG–0800.
The staff received a total of six
comments on the draft section. A
summary of the comments and the
staff’s disposition of the comments are
PO 00000
Frm 00076
Fmt 4703
Sfmt 4703
45497
available in a separate document,
‘‘Response to Public Comments on Draft
Standard Review Plan, Section 17.6,
Maintenance Rule’’ (ADAMS Accession
No. ML14099A033).
II. Backfitting and Issue Finality
SRP Section 17.6 provides 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 compliance
with the Maintenance Rule, 10 CFR
50.65 and the guidance in Nuclear
Management and Resources Council 93–
01 as approved for use by the NRC in
Regulatory Guide 1.160. SRP Section
17.6 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 this SRP section revision
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.
E:\FR\FM\05AUN1.SGM
05AUN1
45498
Federal Register / Vol. 79, No. 150 / Tuesday, August 5, 2014 / Notices
3. Backfitting and issue finality do
not—with limited exceptions not
applicable here—protect current or
future applicants.
Applicants and potential applicants
are not, with certain exceptions,
protected by either the Backfit Rule or
any issue finality provisions under 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 22nd
day of July, 2014.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, New Reactor
Rulemaking and Guidance Branch, Office of
New Reactors.
[FR Doc. 2014–18515 Filed 8–4–14; 8:45 am]
BILLING CODE 7590–01–P
Plants: LWR Edition,’’ Section 9.2.7,
‘‘Chilled Water.’’ The current Standard
Review Plan (SRP) does not contain
guidance for staff review of chilled
water.
Comments must be filed no later
than October 6, 2014. 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–2014–0184. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–287–3422;
email: Carol.Gallagher@nrc.gov. For
technical questions, contact the
individuals 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–
A44M, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001.
For additional direction on obtaining
information and submitting comments,
see ‘‘Obtaining 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
Commission, Washington, DC 20555–
0001; telephone: 301–415–6096; email:
Jonathan.Degange@nrc.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Obtaining Information and
Submitting Comments
A. Accessing Information
NUCLEAR REGULATORY
COMMISSION
[NRC–2014–0184]
Proposed Revision to Chilled Water
Nuclear Regulatory
Commission.
ACTION: Standard review plan-draft
section revision; request for comment.
mstockstill on DSK4VPTVN1PROD with NOTICES
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is soliciting public
comment on NUREG–0800, ‘‘Standard
Review Plan for the Review of Safety
Analysis Reports for Nuclear Power
SUMMARY:
VerDate Mar<15>2010
18:16 Aug 04, 2014
Jkt 232001
Please refer to Docket ID NRC–2014–
0184 when contacting the NRC about
the availability of information regarding
this document. You may access
publicly-available information related to
this document by any of the following
methods:
• Federal Rulemaking Web site: Go to
https://www.regulations.gov and search
for Docket ID NRC–2014–0184.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may access publicly
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
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 draft
revision for SRP Section 9.27, ‘‘Chilled
Water’’ Revision 1 is available under
ADAMS Accession No. ML14091B061.
• 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–2014–
0184 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 you 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 NRC seeks public comment on
the proposed draft section revision of
SRP Section 9.2.7. The SRP Section
9.2.7 is a new section providing the
NRC Staff guidance on review of chilled
water systems.
Following NRC staff evaluation of
public comments, the NRC intends to
finalize SRP Section 9.2.7 Revision 7 in
ADAMS, and post it on the NRC’s
public Web site at https://www.nrc.gov/
reading-rm/doc-collections/nuregs/staff/
sr0800/. The SRP is guidance for the
E:\FR\FM\05AUN1.SGM
05AUN1
Agencies
[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45497-45498]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18515]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0179]
Maintenance Rule
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan--final section; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
final revision to Section 17.6, ``Maintenance Rule,'' of NUREG-0800,
``Standard Review Plan for the Review of Safety Analysis Reports for
Nuclear Power Plants: LWR Edition.''
DATES: The effective date of this Standard Review Plan (SRP) update is
September 4, 2014.
ADDRESSES: Please refer to Docket ID NRC-2013-0179 when contacting the
NRC about the availability of information regarding this document. You
may obtain publicly-available information related to this document
using any of the following methods:
Federal Rulemaking Web site: Go to https://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 individuals listed in the FOR FURTHER INFORMATION CONTACT section
of this document.
NRC's Agencywide Documents Access and Management System
(ADAMS): You may access publicly-available documents online in the NRC
Library at https://www.nrc.gov/reading-rm/adams.html. To begin the
search, select ``ADAMS Public Documents'' and then select ``Begin Web-
based ADAMS Search.'' For problems with ADAMS, please contact the NRC's
Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-
4737, or by email to pdr.resource@nrc.gov. The ADAMS accession number
for each document referenced in this notice (if that document is
available in ADAMS) is provided the first time that a document is
referenced. The final revision for Standard Review Plan (SRP)
Section17.6, ``Maintenance Rule,'' is available under ADAMS Accession
No. ML14099A044. A redline strikeout comparing the proposed and final
revision of the document can be found in ADAMS under Accession No.
ML14099A053.
NRC's PDR: You may examine and purchase copies of public
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland 20852.
The NRC posts its issued staff guidance on the NRC's
external Web page (https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/).
FOR FURTHER INFORMATION CONTACT: Mr. Jonathan DeGange, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, telephone: 301-415-6992, email: Jonathan.DeGange@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On August 8, 2013 (78 FR 48504), the NRC published for public
comment the proposed SRP Section 17.6, ``Maintenance Rule,'' in Chapter
17, ``Quality Assurance,'' of NUREG-0800. The staff received a total of
six comments on the draft section. A summary of the comments and the
staff's disposition of the comments are available in a separate
document, ``Response to Public Comments on Draft Standard Review Plan,
Section 17.6, Maintenance Rule'' (ADAMS Accession No. ML14099A033).
II. Backfitting and Issue Finality
SRP Section 17.6 provides 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 compliance with the Maintenance Rule, 10 CFR 50.65 and the
guidance in Nuclear Management and Resources Council 93-01 as approved
for use by the NRC in Regulatory Guide 1.160. SRP Section 17.6 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 this SRP section revision 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.
[[Page 45498]]
3. Backfitting and issue finality do not--with limited exceptions
not applicable here--protect current or future applicants.
Applicants and potential applicants are not, with certain
exceptions, protected by either the Backfit Rule or any issue finality
provisions under 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 22nd day of July, 2014.
For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Policy Branch, New Reactor Rulemaking and Guidance Branch,
Office of New Reactors.
[FR Doc. 2014-18515 Filed 8-4-14; 8:45 am]
BILLING CODE 7590-01-P