Nonmetallic Thermal Insulation for Austenitic Stainless Steel, 60188-60190 [2014-23743]

Download as PDF 60188 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices For the Nuclear Regulatory Commission. Tremaine Donnell, NRC Clearance Officer, Office of Information Services. [FR Doc. 2014–23676 Filed 10–3–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. NRC–2014–0215] Agency Information Collection Activities: Proposed Collection; Comment Request Nuclear Regulatory Commission. ACTION: Notice of pending NRC action to submit an information collection request to the Office of Management and Budget (OMB) and solicitation of public comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) invites public comment about our intention to request the OMB’s approval for renewal of an existing information collection that is summarized below. We are required to publish this notice in the Federal Register notice under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35). Information pertaining to the requirement to be submitted: 1. The title of the information collection: 10 CFR part 73, ‘‘Physical Protection of Plants and Materials.’’ 2. Current OMB approval number: 3150–0002. 3. How often the collection is required: On occasion, with the exception of the initial submittal of revised Cyber Security Plans, Security Plans, Safeguards Contingency Plans, and Security Training and Qualification Plans. Required reports are submitted and evaluated as events occur. 4. Who is required or asked to report: Nuclear power reactor licensees, licensed under part 50 or 52 of Title 10 of the Code of Federal Regulations (10 CFR), who possess, use, import, export, transport, or deliver to a carrier for transport, special nuclear material; actively decommissioning reactor licensees, Category I fuel facilities; Category II and III facilities; non-power reactors (research and test reactors); other nuclear materials licensees; and state and Tribal contacts. 5. The number of annual respondents: 581. 6. The number of hours needed annually to complete the requirement or request: 543,280 (21,255 hours reporting + 486,535 hours recordkeeping + 35,490 hours third party disclosure). mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:17 Oct 03, 2014 Jkt 235001 7. Abstract: The NRC’s regulations in 10 CFR part 73 prescribe requirements to establish and maintain a physical protection system and security organization with capabilities for protection of (1) Special nuclear material (SNM) at fixed sites, (2) SNM in transit, and (3) plants in which SNM is used. The objective is to ensure that activities involving special nuclear material are consistent with interests of common defense and security and that these activities do not constitute an unreasonable risk to public health and safety. The information in the reports and records submitted by licensees is used by the NRC staff to ensure that the health and safety of the public and the environment are protected, and licensee possession and use of special nuclear material is in compliance with license and regulatory requirements. Submit, by December 5, 2014, comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the burden estimate accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection be minimized, including the use of automated collection techniques or other forms of information technology? The public may examine and have copied for a fee publicly-available documents, including the draft 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 submitted in writing or in electronic form will be made available for public inspection. Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. Comments submitted should reference Docket No. NRC–2014–0215. You may submit your comments by any of the following methods: Electronic comments go to http:// www.regulations.gov and search for Docket No. NRC–2014–0215. Mail comments to the NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 Nuclear Regulatory Commission, Washington, DC 20555–0001. Questions about the information collection requirements may be directed to the NRC Clearance Officer, Tremaine Donnell (T–5 F53), U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001, by telephone at 301– 415–6258, or by email to INFOCOLLECTS.Resource@NRC.GOV. Dated at Rockville, Maryland, this 30th day of September, 2014. For the Nuclear Regulatory Commission. Tremaine Donnell, NRC Clearance Officer, Office of Information Services. [FR Doc. 2014–23674 Filed 10–3–14; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2014–0209] Nonmetallic Thermal Insulation for Austenitic Stainless Steel Nuclear Regulatory Commission. ACTION: Draft regulatory guide; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG–1312, ‘‘Nonmetallic Thermal Insulation for Austenitic Stainless Steel,’’ also known as Regulatory Guide (RG) 1.36. The NRC is proposing to revise the guidance toreflect the most current versions of voluntary consensus standards since the initial publication of RG 1.36 in February 1973. The guide describes methods and procedures that the staff of the NRC considers acceptable when selecting and using nonmetallic thermal insulation in the stainless steel portions of the reactor coolant pressure boundary and other systems, in order to minimize any contamination that could promote stress-corrosion cracking. This RG applies to light-water-cooled reactors. DATES: Submit comments by November 5, 2014. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. ADDRESSES: You may submit comments by any of the following methods (unless this document describes a different SUMMARY: E:\FR\FM\06OCN1.SGM 06OCN1 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices method for submitting comments on a specific subject): • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0209. 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, 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: David W. Alley, Office of Nuclear Reactor Regulation, telephone: 301– 415–2178, email: Dave.Alley@nrc.gov, or Rick Jervey, Office of Nuclear Regulatory Research, telephone: 301– 251–7404, email: Richard.Jervey@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments mstockstill on DSK4VPTVN1PROD with NOTICES A. Obtaining Information Please refer to Docket ID NRC–2014– 0209 when contacting the NRC about the availability of information for this action. You may obtain publiclyavailable information related to this action by any of the following methods: • Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0209. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable 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 (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section. VerDate Sep<11>2014 17:17 Oct 03, 2014 Jkt 235001 • 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– 0209 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 in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS, and 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 into ADAMS. II. Additional Information The NRC is issuing for public comment a draft guide in the NRC’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public such information as methods that are acceptable to the NRC staff for implementing specific parts of the NRC’s regulations, techniques that the staff uses in evaluating specific problems or postulated accidents, and data that the staff needs in its review of applications for permits and licenses. The DG, entitled, ‘‘Nonmetallic Thermal Insulation for Austenitic Stainless Steel,’’ is temporarily identified by its task number, DG–1312. This DG is a proposed revision 1 of RG 1.36. The RG describes methods and procedures that the staff of the NRC considers acceptable when selecting and using nonmetallic thermal insulation in the stainless steel portions of the reactor coolant pressure boundary and other systems, to minimize any contamination that could promote stress-corrosion cracking. This guide applies to lightwater-cooled reactors. This guidance has been revised to update to the PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 60189 current industry standards which have changed since the initial publication of RG 1.36 in February 1973. The changes update the related standards to those currently available for use. Each type of insulating material should meet the requirements of American Society for Testing and Materials (ASTM) C795, ‘‘Standard Specification for Thermal Insulation for Use in Contact with Austenitic Stainless Steel,’’ including, but not limited to, a preproduction corrosion test in accordance with ASTM C692, ‘‘Test Method for Evaluating the Influence of Thermal Insulation on External Stress Corrosion Cracking Tendency of Austenitic Stainless Steel,’’ and a chemical analysis acceptance test for each lot of material in accordance with ASTM C871, ‘‘Test Method for Chemical Analysis of Thermal Insulation Materials for Leachable Chloride, Fluoride, Silicate and Sodium Ions.’’ III. Backfitting and Issue Finality Draft regulatory guide-1312/ Regulatory Guide 1.36, Revision 1, if finalized, would provide guidance on one acceptable way of meeting the requirements in GDC 1 and GDC 14 with respect to stress-corrosion cracking in austenic steel portions of the reactor coolant pressure boundary which are caused in part by contact with nonmetallic thermal insulation. This DG, if finalized, would not constitute backfitting as defined in § 50.109 of Title 10 of the Code of Federal Regulations (10 CFR) (the Backfit Rule), and is not otherwise inconsistent with the issue finality provisions in 10 CFR part 52, ‘‘Licenses, Certifications and Approvals for Nuclear Power Plants.’’ The NRC’s position is based upon the following considerations. Existing licensees, part 50 construction permit holders and part 50 operating license holders, and applicants of final design certification rules would not be required to comply with the positions set forth in DG–1312/ RG 1.36, Revision 1, if finalized, unless the construction permit or an operating license holder makes a voluntary change to its licensing basis with respect to non-metallic thermal insulation in contact with austenitic stainless steel, and the NRC determines that the safety review must include consideration of the matters addressed in this draft regulatory guide. Existing design certification rules would not be required to be amended to comply with the positions set forth in DG–1312 unless the NRC addresses the issue finality provisions in 10 CFR 52.63(a). E:\FR\FM\06OCN1.SGM 06OCN1 60190 Federal Register / Vol. 79, No. 193 / Monday, October 6, 2014 / Notices Existing combined license holders (referencing the AP1000 design certification rule in 10 CFR part 52, Appendix D) would not be required to comply with the positions set forth in DG–1312 unless the NRC addresses the issue finality provisions in 10 CFR 52.63(a). Draft Regulatory Guide-1312 may be applied to current applications for operating licenses, combined licenses, and certified design rules docketed by the NRC as of the date of issuance of the revision to the regulatory guide, as well as future applications submitted after the issuance of the revised regulatory guide. Such action would not constitute backfitting as defined in § 50.109(a)(1) or be otherwise inconsistent with the applicable issue finality provision in 10 CFR part 52. Neither the Backfit Rule nor the issue finality provisions under 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 a combined license applicant references a 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 NRC does not, at this time, intend to impose the positions represented in the DG, if finalized, on combined license applicants in a manner that is inconsistent with any issue finality provisions. If, in the future, the NRC seeks to impose a position in the DG, if finalized, in a manner which does not provide issue finality as described in the applicable issue finality provision, then the NRC must address the criteria for avoiding issue finality as described applicable issue finality provision. Dated at Rockville, Maryland, this 30th day of September, 2014. For the Nuclear Regulatory Commission. Harriet Karagiannis, Acting Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2014–23743 Filed 10–3–14; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2014–0210] Applications of Bioassay for Uranium Nuclear Regulatory Commission. AGENCY: VerDate Sep<11>2014 17:17 Oct 03, 2014 Jkt 235001 Draft regulatory guide; request for comment. ACTION: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment draft regulatory guide (DG), DG–8054, ‘‘Applications of Bioassay for Uranium.’’ This guidance provides acceptable guidance for NRC licensees, for the development and implementation of a bioassay program that will monitor the intake of mixtures of the naturally occurring isotopes of uranium (U–234, U–235, and U–238) by occupational workers. A bioassay is a determination of the kind, quantity, location, or retention of radionuclides in the body by direct (in vivo) measurement or by indirect (in vitro) analysis of material excreted or removed from the body. DATES: Submit comments by December 5, 2014. Comments received after this date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in NRC regulatory guides currently being developed or improvements in all published NRC regulatory guides are encouraged at any time. 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–2014–0210. 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, 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: Harriet Karagiannis, telephone: 301– 251–7477; email: harriet.karagiannis@ nrc.gov or Casper Sun, telephone: 301– 251–7912; email: casper.sun@nrc.gov. Both are staff of the Office of Nuclear Regulatory Research, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUMMARY: PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 SUPPLEMENTARY INFORMATION: Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2014– 0210 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2014–0210. 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 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 draft regulatory guide is available electronically under ADAMS Accession No. ML14133A599. The regulatory analysis may be found in ADAMS under Accession No. ML14133A612. • 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–2014– 0210 in the subject line of your comment submission 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 your comment submission. The NRC will post 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 E:\FR\FM\06OCN1.SGM 06OCN1

Agencies

[Federal Register Volume 79, Number 193 (Monday, October 6, 2014)]
[Notices]
[Pages 60188-60190]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-23743]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2014-0209]


Nonmetallic Thermal Insulation for Austenitic Stainless Steel

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft regulatory guide (DG), DG-1312, ``Nonmetallic 
Thermal Insulation for Austenitic Stainless Steel,'' also known as 
Regulatory Guide (RG) 1.36. The NRC is proposing to revise the guidance 
toreflect the most current versions of voluntary consensus standards 
since the initial publication of RG 1.36 in February 1973. The guide 
describes methods and procedures that the staff of the NRC considers 
acceptable when selecting and using nonmetallic thermal insulation in 
the stainless steel portions of the reactor coolant pressure boundary 
and other systems, in order to minimize any contamination that could 
promote stress-corrosion cracking. This RG applies to light-water-
cooled reactors.

DATES: Submit comments by November 5, 2014. Comments received after 
this date will be considered if it is practical to do so, but the NRC 
is able to ensure consideration only for comments received on or before 
this date. Although a time limit is given, comments and suggestions in 
connection with items for inclusion in guides currently being developed 
or improvements in all published guides are encouraged at any time.

ADDRESSES: You may submit comments by any of the following methods 
(unless this document describes a different

[[Page 60189]]

method for submitting comments on a specific subject):
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0209. 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, 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: David W. Alley, Office of Nuclear 
Reactor Regulation, telephone: 301-415-2178, email: Dave.Alley@nrc.gov, 
or Rick Jervey, Office of Nuclear Regulatory Research, telephone: 301-
251-7404, email: Richard.Jervey@nrc.gov. Both are staff of the U.S. 
Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2014-0209 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2014-0209.
     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 (if it is available 
in ADAMS) is provided the first time that it is mentioned in the 
SUPPLEMENTARY INFORMATION section.
     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-2014-0209 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 in your comment submission. The NRC will post all comment 
submissions at http://www.regulations.gov as well as enter the comment 
submissions into ADAMS, and 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 into ADAMS.

II. Additional Information

    The NRC is issuing for public comment a draft guide in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public such information as methods that are 
acceptable to the NRC staff for implementing specific parts of the 
NRC's regulations, techniques that the staff uses in evaluating 
specific problems or postulated accidents, and data that the staff 
needs in its review of applications for permits and licenses.
    The DG, entitled, ``Nonmetallic Thermal Insulation for Austenitic 
Stainless Steel,'' is temporarily identified by its task number, DG-
1312. This DG is a proposed revision 1 of RG 1.36. The RG describes 
methods and procedures that the staff of the NRC considers acceptable 
when selecting and using nonmetallic thermal insulation in the 
stainless steel portions of the reactor coolant pressure boundary and 
other systems, to minimize any contamination that could promote stress-
corrosion cracking. This guide applies to light-water-cooled reactors. 
This guidance has been revised to update to the current industry 
standards which have changed since the initial publication of RG 1.36 
in February 1973. The changes update the related standards to those 
currently available for use. Each type of insulating material should 
meet the requirements of American Society for Testing and Materials 
(ASTM) C795, ``Standard Specification for Thermal Insulation for Use in 
Contact with Austenitic Stainless Steel,'' including, but not limited 
to, a preproduction corrosion test in accordance with ASTM C692, ``Test 
Method for Evaluating the Influence of Thermal Insulation on External 
Stress Corrosion Cracking Tendency of Austenitic Stainless Steel,'' and 
a chemical analysis acceptance test for each lot of material in 
accordance with ASTM C871, ``Test Method for Chemical Analysis of 
Thermal Insulation Materials for Leachable Chloride, Fluoride, Silicate 
and Sodium Ions.''

III. Backfitting and Issue Finality

    Draft regulatory guide-1312/Regulatory Guide 1.36, Revision 1, if 
finalized, would provide guidance on one acceptable way of meeting the 
requirements in GDC 1 and GDC 14 with respect to stress-corrosion 
cracking in austenic steel portions of the reactor coolant pressure 
boundary which are caused in part by contact with nonmetallic thermal 
insulation. This DG, if finalized, would not constitute backfitting as 
defined in Sec.  50.109 of Title 10 of the Code of Federal Regulations 
(10 CFR) (the Backfit Rule), and is not otherwise inconsistent with the 
issue finality provisions in 10 CFR part 52, ``Licenses, Certifications 
and Approvals for Nuclear Power Plants.'' The NRC's position is based 
upon the following considerations.
    Existing licensees, part 50 construction permit holders and part 50 
operating license holders, and applicants of final design certification 
rules would not be required to comply with the positions set forth in 
DG-1312/RG 1.36, Revision 1, if finalized, unless the construction 
permit or an operating license holder makes a voluntary change to its 
licensing basis with respect to non-metallic thermal insulation in 
contact with austenitic stainless steel, and the NRC determines that 
the safety review must include consideration of the matters addressed 
in this draft regulatory guide.
    Existing design certification rules would not be required to be 
amended to comply with the positions set forth in DG-1312 unless the 
NRC addresses the issue finality provisions in 10 CFR 52.63(a).

[[Page 60190]]

    Existing combined license holders (referencing the AP1000 design 
certification rule in 10 CFR part 52, Appendix D) would not be required 
to comply with the positions set forth in DG-1312 unless the NRC 
addresses the issue finality provisions in 10 CFR 52.63(a).
    Draft Regulatory Guide-1312 may be applied to current applications 
for operating licenses, combined licenses, and certified design rules 
docketed by the NRC as of the date of issuance of the revision to the 
regulatory guide, as well as future applications submitted after the 
issuance of the revised regulatory guide. Such action would not 
constitute backfitting as defined in Sec.  50.109(a)(1) or be otherwise 
inconsistent with the applicable issue finality provision in 10 CFR 
part 52. Neither the Backfit Rule nor the issue finality provisions 
under 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 a 
combined license applicant references a 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 NRC 
does not, at this time, intend to impose the positions represented in 
the DG, if finalized, on combined license applicants in a manner that 
is inconsistent with any issue finality provisions. If, in the future, 
the NRC seeks to impose a position in the DG, if finalized, in a manner 
which does not provide issue finality as described in the applicable 
issue finality provision, then the NRC must address the criteria for 
avoiding issue finality as described applicable issue finality 
provision.

    Dated at Rockville, Maryland, this 30th day of September, 2014.

    For the Nuclear Regulatory Commission.
Harriet Karagiannis,
Acting Chief, Regulatory Guidance and Generic Issues Branch, Division 
of Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2014-23743 Filed 10-3-14; 8:45 am]
BILLING CODE 7590-01-P