Revisions to NUREG-0800, Chapters 2 and 3, 47484-47485 [2014-19192]

Download as PDF 47484 Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Notices 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 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 RIS is available electronically in ADAMS under Accession No. ML14058A398 and on the NRC’s public Web site at https:// www.nrc.gov/reading-rm/doccollections/gen-comm/reg-issues/ (select RIS 2014–09). • 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: James Keene, telephone: 301–415–1994, email: James.Keene@nrc.gov, or Anthony Markley, telephone: 301–415– 3165; email: Anthony.Markley@nrc.gov, both are staff of the Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. The NRC published a notice of opportunity for public comment on this RIS in the Federal Register on January 16, 2014 (79 FR 2913). The NRC staff received one set of comments from the Nuclear Energy Institute. SUPPLEMENTARY INFORMATION: The NRC staff considered all comments which resulted in some changes to the RIS. Its evaluation of these comments and the resulting changes to the RIS are discussed in a publicly available document, which is available in ADAMS under Accession No. ML14071A434. Dated at Rockville, Maryland, this 6th day of August 2014. For the Nuclear Regulatory Commission. Sheldon D. Stuchell, Chief, Generic Communications Branch, Division of Policy and Rulemaking, Office of Nuclear Reactor Regulation. [FR Doc. 2014–19194 Filed 8–12–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2013–0210] Revisions to NUREG–0800, Chapters 2 and 3 Nuclear Regulatory Commission. ACTION: Standard review plan-final section revision; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final revisions to the following sections in Chapters 2 and 3 of NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,’’ Section 2.5.1, ‘‘Basic Geologic and Seismic Information,’’ Section 2.5.2, ‘‘Vibratory Ground Motion,’’ Section 2.5.3, ‘‘Surface Faulting,’’ Section 2.5.4, ‘‘Stability of Subsurface Materials and Foundations,’’ Section 2.5.5, ‘‘Stability of Slopes,’’ and Section 3.7.4, ‘‘Seismic Instrumentation.’’ SUMMARY: SRP section 2.5.1 2.5.2 2.5.3 2.5.4 2.5.5 3.7.4 mstockstill on DSK4VPTVN1PROD with NOTICES FOR FURTHER INFORMATION CONTACT: 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: VerDate Mar<15>2010 18:15 Aug 12, 2014 Jkt 232001 Draft revision ML13316C067 ML13316C066 ML13316C064 ML13311B744 ML13316C068 ML13324A570 ML12300A231 ML12301A010 ML12302A003 ML12302A004 ML12302A005 ML12304A031 I. Background On September 9, 2013 (78 FR 55118), the NRC staff published SRP section 3.7.4 for public comment. Additionally, on September 13, 2013 (78 FR 56749), the NRC staff published SRP sections 2.5.1–2.5.5 for public comment. The NRC staff received no comments on the proposed revisions. This guidance is being issued as final for use. Details of specific changes between current SRP guidance and the final guidance being PO 00000 Please refer to Docket ID NRC–2013–0210 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–2013–0210. 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 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 revisions, previously issued draft revisions for public use and comment, and redline strikeouts comparing final revisions with draft revisions are available in ADAMS under the following Accession Nos.: ADDRESSES: Final revision .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... 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/. The effective date of this Standard Review Plan (SRP) update is September 12, 2014. DATES: Frm 00069 Fmt 4703 Sfmt 4703 Redline strikeout ML13340A120 ML14023A174 ML13340A121 ML13340A122 ML13340A123 ML13340A124 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 site E:\FR\FM\13AUN1.SGM 13AUN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 79, No. 156 / Wednesday, August 13, 2014 / Notices characteristics and parameters, and deigns 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 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 VerDate Mar<15>2010 18:15 Aug 12, 2014 Jkt 232001 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 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 30th 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. 2014–19192 Filed 8–12–14; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–72790; File No. SR– NYSEMKT–2014–66] Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the NYSE Amex Options Fee Schedule in a Number of Different Ways August 7, 2014. Pursuant to Section 19(b)(1) 1 of the Securities Exchange Act of 1934 (the ‘‘Act’’) 2 and Rule 19b–4 thereunder,3 notice is hereby given that, on August 1, 2014, NYSE MKT LLC (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with the Securities and Exchange Commission (the ‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the selfregulatory organization. The 1 15 U.S.C.78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 47485 Commission is publishing this notice to solicit comments on the proposed rule change from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of the Substance of the Proposed Rule Change The Exchange proposes to to amend the NYSE Amex Options Fee Schedule (‘‘Fee Schedule’’) in a number of different ways. The proposed changes will be operative on August 1, 2014. The text of the proposed rule change is available on the Exchange’s Web site at www.nyse.com, at the principal office of the Exchange, and at the Commission’s Public Reference Room. II. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change In its filing with the Commission, the self-regulatory organization included statements concerning the purpose of, and basis for, the proposed rule change and discussed any comments it received on the proposed rule change. The text of those statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant parts of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose The Exchange proposes to amend the Fee Schedule in a number of different ways as described below. The proposed changes will be operative on August 1, 2014. First, the Exchange proposes to increase fees for Firm Proprietary 4 electronic transactions in Penny Pilot issues. Specifically, the Exchange is proposing a fee of $0.34 per contract (increased from $0.32 per contract) for electronic Firm Proprietary transactions in Penny Pilot issues. Separately, the Exchange is proposing a fee of $0.44 per contract charged to Broker Dealers, Professional Customers, and Non NYSE Amex Options Market Makers that electronically transact in Penny Pilot issues. Currently, Broker Dealers, and Professional Customers pay 4 ‘‘Firm Proprietary’’ transactions refer to trades the Firm is entering into on a proprietary basis as opposed to trades entered into in order to facilitate the activity of one of Firm’s customers, which is referred to as a ‘‘Firm Facilitation’’ trade on the NYSE Amex Options Fee Schedule. Throughout this filing, the Exchange’s reference to Firm or Firms shall mean transactions the Firm is executing electronically on a proprietary basis. E:\FR\FM\13AUN1.SGM 13AUN1

Agencies

[Federal Register Volume 79, Number 156 (Wednesday, August 13, 2014)]
[Notices]
[Pages 47484-47485]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19192]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2013-0210]


Revisions to NUREG-0800, Chapters 2 and 3

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 Chapters 2 and 3 of NUREG-0800, 
``Standard Review Plan for the Review of Safety Analysis Reports for 
Nuclear Power Plants: LWR Edition,'' Section 2.5.1, ``Basic Geologic 
and Seismic Information,'' Section 2.5.2, ``Vibratory Ground Motion,'' 
Section 2.5.3, ``Surface Faulting,'' Section 2.5.4, ``Stability of 
Subsurface Materials and Foundations,'' Section 2.5.5, ``Stability of 
Slopes,'' and Section 3.7.4, ``Seismic Instrumentation.''

DATES: The effective date of this Standard Review Plan (SRP) update is 
September 12, 2014.

ADDRESSES: Please refer to Docket ID NRC-2013-0210 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-2013-0210. 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 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 revisions, previously issued draft revisions for 
public use and comment, and redline strikeouts comparing final 
revisions with draft revisions are available in ADAMS under the 
following Accession Nos.:

----------------------------------------------------------------------------------------------------------------
           SRP section                   Final revision            Draft revision           Redline strikeout
----------------------------------------------------------------------------------------------------------------
2.5.1............................  ML13316C067                ML12300A231               ML13340A120
2.5.2............................  ML13316C066                ML12301A010               ML14023A174
2.5.3............................  ML13316C064                ML12302A003               ML13340A121
2.5.4............................  ML13311B744                ML12302A004               ML13340A122
2.5.5............................  ML13316C068                ML12302A005               ML13340A123
3.7.4............................  ML13324A570                ML12304A031               ML13340A124
----------------------------------------------------------------------------------------------------------------

    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: 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 September 9, 2013 (78 FR 55118), the NRC staff published SRP 
section 3.7.4 for public comment. Additionally, on September 13, 2013 
(78 FR 56749), the NRC staff published SRP sections 2.5.1-2.5.5 for 
public comment. The NRC staff received no comments on the proposed 
revisions. This guidance is being issued as final for use. 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 site

[[Page 47485]]

characteristics and parameters, and deigns 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 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

    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 30th 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. 2014-19192 Filed 8-12-14; 8:45 am]
BILLING CODE 7590-01-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.