Revision to Seismic Design Parameters, 57-58 [2014-30770]
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Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Notices
For the Nuclear Regulatory Commission.
Michael Junge,
Chief, Operator Licensing and Human
Performance Branch, Division of Construction
Inspection and Operational Programs, Office
of New Reactors.
[FR Doc. 2014–30769 Filed 12–31–14; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2013–0041]
Revision to Seismic Design
Parameters
Nuclear Regulatory
Commission.
ACTION: Standard review plan-final
section revision; issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is issuing a final
revision to the following section in
Chapter 3 of NUREG–0800, ‘‘Standard
Review Plan for the Review of Safety
Analysis Reports for Nuclear Power
Plants: LWR Edition,’’ Section 3.7.1,
‘‘Seismic Design Parameters.’’
DATES: The effective date of this
Standard Review Plan (SRP) update is
February 2, 2015.
ADDRESSES: Please refer to Docket ID
NRC–2013–0041 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
https://www.regulations.gov and search
for Docket ID NRC–2013–0041. 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
Public Documents collection 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)
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:50 Dec 31, 2014
Jkt 235001
Section 3.7.1, ‘‘Seismic Design
Parameters,’’ is available under ADAMS
Accession No. ML14198A460. A redline
strikeout comparing the proposed
revision to the final revision can be
found in ADAMS under Accession No.
ML14198A466. The responses to public
comments can be found in ADAMS
under Accession No. ML14198A462.
• 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:
Jonathan DeGange, Office of New
Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone: 301–415–6992, email:
Jonathan.DeGange@nrc.gov or Nishka
Devaser, telephone: 301–415–5196,
email: NishkaDevaser@nrc.gov, Office of
New Reactors, U.S. Nuclear Regulatory
Commission, Washington, DC 20555
0001.
SUPPLEMENTARY INFORMATION:
I. Background
On March 1, 2013 (78 FR 13911), the
NRC published for public comment the
proposed revision to this section of the
SRP. The staff made changes to the
proposed revision after consideration of
comments received. 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 SRP Section 3.7.1’’
(ADAMS Accession No. ML14198A462).
The changes to this SRP section
reflect current staff’s review methods
and practices based on lessons learned
from NRC reviews of design certification
and combined license applications
completed since the last revision of this
chapter. Changes include: (1)
Enhancements to guidance to the staff
for evaluating the acceptability of
seismic, civil, structural design, and
analysis issues, (2) updates to review
interfaces to improve the efficiency and
consistency of staff reviews and (3)
updates to references covered in the
section.
The revised section has incorporated
staff dispositions of all public comments
received on the proposed revision. The
most salient changes in response to the
public comments are the rewrite of
Appendix B to SRP Section 3.7.1. The
new Appendix B provides further
enhancement of the guidance on
developing power spectral density
functions associated with ground
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
57
motion artificial time histories. No new
SRP acceptance criteria were added as
a result of this rewrite of Appendix B.
II. Backfitting and Issue Finality
Issuance of this final SRP section does
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. The staff’s
position is based upon the following
considerations:
1. The SRP positions do not constitute
backfitting, inasmuch as the SRP is
internal guidance directed at the NRC
staff with respect to their regulatory
responsibilities.
The SRP provides guidance to the
staff on how to review an application for
NRC regulatory approval in the form of
licensing. Changes in internal staff
guidance are not matters for which
either nuclear power plant applicants or
licensees are protected under either the
Backfit Rule or the issue finality
provisions of 10 CFR part 52.
2. The NRC staff has no intention to
impose the SRP positions on current
licensees and regulatory approvals
either now or in the future.
The staff does not intend to impose or
apply the positions described in the SRP
to existing (already issued) licenses and
regulatory approvals. Hence, the
issuance of a final SRP—even if
considered guidance which is within
the purview of the issue finality
provisions in 10 CFR part 52—need not
be evaluated as if it were a backfit or as
being inconsistent with issue finality
provisions. If, in the future, the staff
seeks to impose a position in the SRP on
holders of already issued holders of
licenses SRP in a manner which does
not provide issue finality as described
in the applicable issue finality
provision, then the staff must make the
showing as set forth in the Backfit Rule
or address the criteria for avoiding issue
finality as described applicable issue
finality provision.
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. This is because neither the
Backfit Rule nor the issue finality
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.
E:\FR\FM\02JAN1.SGM
02JAN1
58
Federal Register / Vol. 80, No. 1 / Friday, January 2, 2015 / Notices
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
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 18th day
of December, 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. 2014–30770 Filed 12–31–14; 8:45 am]
BILLING CODE 7590–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–73945; File No. SR–NYSE–
2014–72]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Extending the
Operation of Its Supplemental Liquidity
Providers Pilot, Until the Earlier of the
Securities and Exchange
Commission’s Approval To Make Such
Pilot Permanent or July 31, 2015
asabaliauskas on DSK5VPTVN1PROD with NOTICES
December 24, 2014.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on December
18, 2014, New York Stock Exchange
LLC (‘‘NYSE’’ or ‘‘Exchange’’) filed with
the Securities and Exchange
Commission (‘‘Commission’’) the
1 15
U.S.C.78s(b)(1).
U.S.C. 78a.
3 17 CFR 240.19b–4.
2 15
VerDate Sep<11>2014
17:50 Dec 31, 2014
Jkt 235001
proposed rule change as described in
Items I and II below, which Items have
been prepared by the self-regulatory
organization. The 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 Substance of
the Proposed Rule Change
The Exchange proposes to extend the
operation of its Supplemental Liquidity
Providers Pilot (‘‘SLP Pilot’’ or ‘‘Pilot’’)
(see Rule 107B), currently scheduled to
expire on December 31, 2014, until the
earlier of the Securities and Exchange
Commission’s (‘‘Commission’’) approval
to make such Pilot permanent or July
31, 2015. 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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to extend the
operation of its SLP Pilot,4 currently
4 See Securities Exchange Act Release No. 58877
(October 29, 2008), 73 FR 65904 (November 5, 2008)
(SR–NYSE–2008–108) (establishing the SLP Pilot).
See also Securities Exchange Act Release Nos.
59869 (May 6, 2009), 74 FR 22796 (May 14, 2009)
(SR–NYSE–2009–46) (extending the operation of
the SLP Pilot to October 1, 2009); 60756 (October
1, 2009), 74 FR 51628 (October 7, 2009) (SR–NYSE–
2009–100) (extending the operation of the NMM
and the SLP Pilots to November 30, 2009); 61075
(November 30, 2009), 74 FR 64112 (December 7,
2009) (SR–NYSE–2009–119) (extending the
operation of the SLP Pilot to March 30, 2010);
61840 (April 5, 2010), 75 FR 18563 (April 12, 2010)
(SR–NYSE–2010–28) (extending the operation of
the SLP Pilot to September 30, 2010); 62813
(September 1, 2010), 75 FR 54686 (September 8,
2010) (SR–NYSE–2010–62) (extending the
operation of the SLP Pilot to January 31, 2011);
63616 (December 29, 2010), 76 FR 612 (January 5,
2011) (SR–NYSE–2010–86) (extending the
operation of the SLP Pilot to August 1, 2011); 64762
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
scheduled to expire on December 31,
2014, until the earlier of Commission
approval to make such Pilot permanent
or July 31, 2015.
Background 5
In October 2008, the NYSE
implemented significant changes to its
market rules, execution technology and
the rights and obligations of its market
participants all of which were designed
to improve execution quality on the
Exchange. These changes are all
elements of the Exchange’s enhanced
market model referred to as the ‘‘New
Market Model’’ (‘‘NMM Pilot’’).6 The
SLP Pilot was launched in coordination
with the NMM Pilot (see Rule 107B).
As part of the NMM Pilot, NYSE
eliminated the function of specialists on
the Exchange creating a new category of
market participant, the Designated
Market Maker or ‘‘DMM.’’ 7 Separately,
the NYSE established the SLP Pilot,
which established SLPs as a new class
of market participants to supplement
the liquidity provided by DMMs.8
The SLP Pilot is scheduled to end
operation on December 31, 2014 or such
earlier time as the Commission may
determine to make the rules permanent.
The Exchange is currently preparing a
rule filing seeking permission to make
the SLP Pilot permanent, but does not
expect that filing to be completed and
approved by the Commission before
December 31, 2014.9
(June 28, 2011), 76 FR 39145 (July 5, 2011) (SR–
NYSE–2011–30) (extending the operation of the
SLP Pilot to January 31, 2012); 66045 (December 23,
2011), 76 FR 82342 (December 30, 2011) (SR–
NYSE–2011–66) (extending the operation of the
SLP Pilot to July 31, 2012); 67493 (July 25, 2012),
77 FR 45388 (July 31, 2012) (SR–NYSE–2012–27)
(extending the operation of the SLP Pilot to January
31, 2013); 68560 (January 2, 2013), 78 FR 1280
(January 8, 2013) (SR–NYSE–2012–76) (extending
the operation of the SLP Pilot to July 31, 2013);
69819 (June 21, 2013), 78 FR 38764 (June 27, 2013)
(SR–NYSE–2013–44) (extending the operation of
the SLP Pilot to January 31, 2014); 71362 (January
21, 2014), 79 FR 4371 (January 27, 2014) (SR–
NYSE–2014–03) (extending the operation of the
SLP Pilot to July 31, 2014); and 72628 (July 16,
2014), 79 FR 42588 (July 22, 2014) (SR–NYSE–
2014–34) (extending the operation of the SLP Pilot
to December, 31, 2014).
5 The information contained herein is a summary
of the ‘‘New Market Model’’ Pilot and the SLP Pilot.
See supra note 4 for a fuller description of those
pilots.
6 See Securities Exchange Act Release No. 58845
(October 24, 2008), 73 FR 64379 (October 29, 2008)
(SR–NYSE–2008–46).
7 See NYSE Rule 103.
8 See NYSE Rule 107B. The Exchange amended
the monthly volume requirements to an average
daily volume (‘‘ADV’’) that is a specified percentage
of NYSE consolidated ADV. See Securities
Exchange Act Release No. 67759 (August 30, 2012),
77 FR 54939 (September 6, 2012) (SR–NYSE–2012–
38).
9 The NMM Pilot was scheduled to expire on
December 31, 2014. On December 18, 2014, the
Exchange filed to extend the NMM Pilot until July
E:\FR\FM\02JAN1.SGM
02JAN1
Agencies
[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Notices]
[Pages 57-58]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30770]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2013-0041]
Revision to Seismic Design Parameters
AGENCY: Nuclear Regulatory Commission.
ACTION: Standard review plan-final section revision; issuance.
-----------------------------------------------------------------------
SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a
final revision to the following section in Chapter 3 of NUREG-0800,
``Standard Review Plan for the Review of Safety Analysis Reports for
Nuclear Power Plants: LWR Edition,'' Section 3.7.1, ``Seismic Design
Parameters.''
DATES: The effective date of this Standard Review Plan (SRP) update is
February 2, 2015.
ADDRESSES: Please refer to Docket ID NRC-2013-0041 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 https://www.regulations.gov and search for Docket ID NRC-2013-0041. 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
Public Documents collection 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) Section 3.7.1, ``Seismic Design Parameters,'' is available under
ADAMS Accession No. ML14198A460. A redline strikeout comparing the
proposed revision to the final revision can be found in ADAMS under
Accession No. ML14198A466. The responses to public comments can be
found in ADAMS under Accession No. ML14198A462.
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: Jonathan DeGange, Office of New
Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-6992, email: Jonathan.DeGange@nrc.gov or
Nishka Devaser, telephone: 301-415-5196, email: NishkaDevaser@nrc.gov,
Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington,
DC 20555 0001.
SUPPLEMENTARY INFORMATION:
I. Background
On March 1, 2013 (78 FR 13911), the NRC published for public
comment the proposed revision to this section of the SRP. The staff
made changes to the proposed revision after consideration of comments
received. 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 SRP Section 3.7.1'' (ADAMS Accession No.
ML14198A462).
The changes to this SRP section reflect current staff's review
methods and practices based on lessons learned from NRC reviews of
design certification and combined license applications completed since
the last revision of this chapter. Changes include: (1) Enhancements to
guidance to the staff for evaluating the acceptability of seismic,
civil, structural design, and analysis issues, (2) updates to review
interfaces to improve the efficiency and consistency of staff reviews
and (3) updates to references covered in the section.
The revised section has incorporated staff dispositions of all
public comments received on the proposed revision. The most salient
changes in response to the public comments are the rewrite of Appendix
B to SRP Section 3.7.1. The new Appendix B provides further enhancement
of the guidance on developing power spectral density functions
associated with ground motion artificial time histories. No new SRP
acceptance criteria were added as a result of this rewrite of Appendix
B.
II. Backfitting and Issue Finality
Issuance of this final SRP section does 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. The
staff's position is based upon the following considerations:
1. The SRP positions do not constitute backfitting, inasmuch as the
SRP is internal guidance directed at the NRC staff with respect to
their regulatory responsibilities.
The SRP provides guidance to the staff on how to review an
application for NRC regulatory approval in the form of licensing.
Changes in internal staff guidance are not matters for which either
nuclear power plant applicants or licensees are protected under either
the Backfit Rule or the issue finality provisions of 10 CFR part 52.
2. The NRC staff has no intention to impose the SRP positions on
current licensees and regulatory approvals either now or in the future.
The staff does not intend to impose or apply the positions
described in the SRP to existing (already issued) licenses and
regulatory approvals. Hence, the issuance of a final SRP--even if
considered guidance which is within the purview of the issue finality
provisions in 10 CFR part 52--need not be evaluated as if it were a
backfit or as being inconsistent with issue finality provisions. If, in
the future, the staff seeks to impose a position in the SRP on holders
of already issued holders of licenses SRP in a manner which does not
provide issue finality as described in the applicable issue finality
provision, then the staff must make the showing as set forth in the
Backfit Rule or address the criteria for avoiding issue finality as
described applicable issue finality provision.
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. This is because neither the Backfit
Rule nor the issue finality 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.
[[Page 58]]
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
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 18th day of December, 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. 2014-30770 Filed 12-31-14; 8:45 am]
BILLING CODE 7590-01-P