Service Level I, II, III, and In-Scope License Renewal Protective Coatings Applied to Nuclear Power Plants, 62935-62937 [2016-21956]

Download as PDF Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices Safety Evaluation dated August 19, 2016. No significant hazards consideration comments received: No. Lhorne on DSK30JT082PROD with NOTICES NextEra Energy Duane Arnold, LLC, Docket No. 50–331, Duane Arnold Energy Center (DAEC), Linn County, Iowa Date of amendment request: August 6, 2015, as supplemented by letter dated April 12, 2016. Brief description of amendment: The amendment revised the value of reactor steam dome pressure specified within the Reactor Core Safety Limits Technical Specification (TS) 2.1.1. This resolved a 10 CFR part 21, condition concerning a potential to momentarily violate Reactor Core Safety Limit (TSs 2.1.1.1 and 2.1.1.2) during a pressure regulator failure maximum demand (Open) transient. Date of issuance: August 18, 2016. Effective date: As of the date of issuance and shall be implemented within 60 days. Amendment No.: 295. A publiclyavailable version is in ADAMS under Accession No. ML16153A091; documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment. Renewed Facility Operating License No. DPR–49: The amendment revised the License and TSs. Date of initial notice in Federal Register: November 10, 2015 (80 FR 69713). The supplemental letter dated April 12, 2016, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff’s original proposed no significant hazards consideration determination as published in the Federal Register. The Commission’s related evaluation of the amendment is contained in a Safety Evaluation dated August 18, 2016. No significant hazards consideration comments received: No. Omaha Public Power District, Docket No. 50–285, Fort Calhoun Station, Unit No. 1, Washington County, Nebraska Date of amendment request: September 11, 2015, as supplemented by letter dated April 8, 2016. Brief description of amendment: The amendment revised the Technical Specifications (TSs) by removing the current stored diesel fuel oil and lube oil numerical volume requirements from the TSs and replacing them with emergency diesel generator operating time requirements consistent with NRCapproved Technical Specifications Task VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 Force (TSTF) Traveler TSTF–501, Revision 1, ‘‘Relocate Stored Fuel Oil and Lube Oil Volume Values to Licensee Control,’’ including plantspecific variances. Date of issuance: August 19, 2016. Effective date: As of the date of issuance and shall be implemented within 60 days from the date of issuance. Amendment No.: 289. A publiclyavailable version is in ADAMS under Accession No. ML16182A363; documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment. Renewed Facility Operating License No. DPR–40: The amendment revised the License and TSs. Date of initial notice in Federal Register: November 24, 2015 (80 FR 73239). The supplemental letter dated April 8, 2016, provided additional information that clarified the application, did not expand the scope of the application as originally noticed, and did not change the staff’s original proposed no significant hazards consideration determination as published in the Federal Register. The Commission’s related evaluation of the amendment is contained in a safety evaluation dated August 19, 2016. No significant hazards consideration comments received: No. Southern Nuclear Operating Company, Docket Nos. 52–025 and 52–026, Vogtle Electric Generating Plant (VEGP), Units 3 and 4, Burke County, Georgia Date of amendment request: November 16, 2015, as supplemented by letter dated February 12, 2016. Brief description of amendment: The amendment authorized changes to the VEGP Units 3 and 4 Updated Final Safety Analysis Report in the form of departures from the incorporated plantspecific Design Control Document Tier 2* information. The proposed changes are related to changes to construction methods and construction sequence used for the composite floors and roof of the auxiliary building. Date of issuance: June 29, 2016. Effective date: As of the date of issuance and shall be implemented within 30 days of issuance. Amendment No.: 49. A publiclyavailable version is in ADAMS under Accession No. ML16146A734; documents related to this amendment are listed in the Safety Evaluation enclosed with the amendment. Facility Combined License Nos. NPF– 91 and NPF–92: The amendment revised the Facility Combined Licenses. Date of initial notice in Federal Register: February 2, 2016 (81 FR PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 62935 5495). The supplemental letter dated February 12, 2016, provided additional information that did not expand the scope of the amendment request and did not change the NRC staff’s original proposed no significant hazards consideration determination. The Commission’s related evaluation of the amendment is contained in the Safety Evaluation dated June 29, 2016. No significant hazards consideration comments received: No. Dated at Rockville, Maryland, this 31st day of August 2016. For the Nuclear Regulatory Commission. Anne T. Boland, Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. 2016–21998 Filed 9–12–16; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2016–0192] Service Level I, II, III, and In-Scope License Renewal Protective Coatings Applied to Nuclear Power Plants 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)– 1331, ‘‘Service Level I, II, III, and InScope License Renewal Protective Coatings Applied to Nuclear Power Plants.’’ This DG is proposed Revision 3 of Regulatory Guide (RG) 1.54, ‘‘Service Level I, II, and III Protective Coatings Applied to Nuclear Power Plants.’’ The NRC proposes to revise the guide to update the latest American Society for Standards and Testing (ASTM) International standards approved for use in the prior revision of this guide. In addition, the NRC proposes to expand the scope of the regulatory guide to address aging management of internal coatings and linings on components within the scope of the NRC’s license renewal regulations. SUMMARY: Submit comments by November 14, 2016. 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 DATES: E:\FR\FM\13SEN1.SGM 13SEN1 62936 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices improvements in all published guides are encouraged at any time. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC–2016–0192. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; 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: OWFN–12H08, 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: Matthew G. Yoder, Office of Nuclear Reactor Regulation, telephone: 301– 415–4017, email: Matthew.Yoder@ nrc.gov; and Mark Orr, Office of Nuclear Regulatory Research, telephone: 301– 415–6003, email: Mark.Orr@nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: Lhorne on DSK30JT082PROD with NOTICES I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2016– 0192 when contacting the NRC about the availability of information regarding 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–2016–0192. • 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 DG is available in ADAMS under Accession No. ML16097A448. The regulatory analysis for this DG is available in ADAMS under Accession No. ML16070A091. VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 • 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–2016– 0192 in your comment submission. 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 posts 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 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. Additional Information The NRC is issuing for public comment a DG in the NRC’s ‘‘Regulatory Guide’’ series. This series was developed to describe and make available to the public information regarding 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 issues or postulated events, and data that the staff needs in its review of applications for permits and licenses. The DG, entitled ‘‘Service Level I, II, III, and In-Scope License Renewal Protective Coatings Applied to Nuclear Power Plants,’’ is proposed Revision 3 of RG 1.54, ‘‘Service Level I, II, and III Protective Coatings Applied to Nuclear Power Plants.’’ The DG is temporarily identified by its task number,DG–1331. This revision (Revision 3) of RG 1.54 approves, with certain clarifications and exceptions, the use of ASTM International Standard D 5144–08e1, ‘‘Standard Guide for Use of Protective Coating Standards in Nuclear Power Plants,’’ 1 and multiple sub-tier ASTM 1 The ‘‘e1’’ symbol at the end of ASTM International Standard D 5144–08e1 is used by ASTM to identify an ASTM International standard that was revised to correct an editorial error. The copyright date of the edited standard is April 2016 PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 International standards as identified in the RG. In addition, the NRC proposes to expand the scope of the RG to address aging management of internal coatings and linings on components within the scope of license renewal under part 54 of title 10 of the Code of Federal Regulations (10 CFR). III. Backfitting and Issue Finality Draft regulatory guide-1331 is proposed Revision 3 of RG 1.54. It proposes to approve, with certain clarifications and exceptions, the use of ASTM International Standard D 5144– 08e1, ‘‘Standard Guide for Use of Protective Coating Standards in Nuclear Power Plants,’’ and multiple sub-tier ASTM International standards as identified in Figure 1 of DG–1331 and described below. The ASTM International Standard D 5144–08e1 was issued to provide a common basis on which protective coatings for the surfaces of nuclear power generating facilities may be qualified and selected through reproducible evaluation tests. This revision also expands the scope to include internal coatings and linings on components within the scope of license renewal. Copies of the ASTM International standards identified in DG–1331 are available for purchase from ASTM International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, Pennsylvania 19428– 2959; telephone: 610–832–9585. Purchase information is also available through the ASTM Web site at http:// www.astm.org. In addition, the NRC made some clarifications and format changes that did not change the intent of the guidance. If DG–1331 is finalized, it may be applied to current applications for operating licenses, combined licenses, early site permits, and certified design rules docketed by the NRC as of the date of issuance of the final RG, as well as future applications submitted after the issuance of the RG. Such action would not constitute backfitting as defined in 10 CFR 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 10 CFR part 52, with certain exclusions discussed below, were intended to apply to every NRC action that substantially changes the expectations of current and future applicants. The exceptions to this general principle are applicable whenever a combined license applicant references a which differs from the original 2008 publication date of the standard. E:\FR\FM\13SEN1.SGM 13SEN1 Federal Register / Vol. 81, No. 177 / Tuesday, September 13, 2016 / Notices 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 does not, at this time, intend to impose the positions represented in Revision 3 of RG 1.54 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 Revision 3 of RG 1.54 in a manner that 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 in the applicable issue finality provision. Proposed Revision 3 of RG 1.54 updates the ASTM International standards the NRC staff has approved for use when qualifying and testing protective coatings and linings used in nuclear power plants. Dated at Rockville, Maryland, this 7th day of September, 2016. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2016–21956 Filed 9–12–16; 8:45 am] BILLING CODE 7590–01–P OFFICE OF SCIENCE AND TECHNOLOGY POLICY 2016 National Nanotechnology Initiative Strategic Plan; Notice of Availability and Request for Public Comment Notice of Availability and Request for Public Comment. ACTION: The National Nanotechnology Coordination Office (NNCO), on behalf of the Nanoscale Science, Engineering, and Technology (NSET) Subcommittee of the Committee on Technology; National Science and Technology Council (NSTC); announces the availability of the draft 2016 National Nanotechnology Initiative (NNI) Strategic Plan for public comment. The draft plan is posted at www.nano.gov/ 2016strategy. Comments of approximately one page or less in length are requested. DATES: Comments must be received by September 23, 2016. ADDRESSES: The draft 2016 NNI Strategic Plan is available on the NNI Web site, www.nano.gov/2016strategy. The public is encouraged to submit comments electronically through www.nano.gov/2016strategy, or via email to 2016NNIStrategy@ Lhorne on DSK30JT082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 15:27 Sep 12, 2016 Jkt 238001 nnco.nano.gov. Please reference page and line numbers in your response, as appropriate. For individuals who do not have access to the internet, comments may be submitted in writing to: Stacey Standridge, ATTN: NNI Strategic Plan Comments, 4201 Wilson Blvd., Stafford II, Suite 405, Arlington, VA 22230. FOR FURTHER INFORMATION CONTACT: Stacey Standridge, National Nanotechnology Coordination Office, 703–292–8103, sstandridge@ nnco.nano.gov. The NNI is a U.S. Government R&D program involving 20 departments and independent agencies, 11 of which have budgets for nanotechnology R&D, working together toward the common vision of a future in which the ability to understand and control matter at the nanoscale level leads to a revolution in technology and industry that benefits society. The combined, coordinated efforts of these agencies have accelerated discovery, development, and deployment of nanotechnology towards agency missions and the broader national interest. The NNI Strategic Plan describes the NNI vision and goals and the strategies by which these goals are to be achieved. The plan includes a description of the NNI investment strategy and the program component areas called for by the 21st Century Research and Development Act of 2003, and it also identifies specific objectives toward collectively achieving the NNI vision. This plan updates and replaces the NNI Strategic Plan of February 2014. The NNI Strategic Plan provides the framework that underpins the nanotechnology-related activities of the NNI agencies. Its aim is to ensure that advancements in nanotechnology and its applications continue in this vital R&D enterprise, while potential concerns about current and future applications are also addressed. The purpose of the Strategic Plan is to catalyze achievements in support of the goals and vision of the NNI by providing guidance for agency leaders, program managers, and the research community regarding the planning and implementation of Federal nanotechnology R&D investments and activities. SUPPLEMENTARY INFORMATION: Ted Wackler, Deputy Chief of Staff and Assistant Director. [FR Doc. 2016–21796 Filed 9–12–16; 8:45 am] BILLING CODE 3270–F6–P PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 62937 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–78782; File No. SR–NYSE– 2016–58] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Proposed Rule Change Amending Section 907.00 of the NYSE Listed Company Manual To Adjust the Timing of Entitlements to Complimentary Products and Services for Special Purpose Acquisition Companies September 7, 2016. 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 26, 2016, New York Stock Exchange LLC (‘‘NYSE’’ or the ‘‘Exchange’’) 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 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 amend Section 907.00 of the NYSE Listed Company Manual (the ‘‘Manual’’) to adjust the service entitlements of special purpose acquisition companies (‘‘SPACs’’) under that rule. 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. 1 15 U.S.C.78s(b)(1). U.S.C. 78a. 3 17 CFR 240.19b–4. 2 15 E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 81, Number 177 (Tuesday, September 13, 2016)]
[Notices]
[Pages 62935-62937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21956]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2016-0192]


Service Level I, II, III, and In-Scope License Renewal Protective 
Coatings Applied to Nuclear Power Plants

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)-1331, ``Service Level I, II, 
III, and In-Scope License Renewal Protective Coatings Applied to 
Nuclear Power Plants.'' This DG is proposed Revision 3 of Regulatory 
Guide (RG) 1.54, ``Service Level I, II, and III Protective Coatings 
Applied to Nuclear Power Plants.'' The NRC proposes to revise the guide 
to update the latest American Society for Standards and Testing (ASTM) 
International standards approved for use in the prior revision of this 
guide. In addition, the NRC proposes to expand the scope of the 
regulatory guide to address aging management of internal coatings and 
linings on components within the scope of the NRC's license renewal 
regulations.

DATES: Submit comments by November 14, 2016. 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

[[Page 62936]]

improvements in all published guides are encouraged at any time.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0192. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; 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: OWFN-12H08, 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: Matthew G. Yoder, Office of Nuclear 
Reactor Regulation, telephone: 301-415-4017, email: 
Matthew.Yoder@nrc.gov; and Mark Orr, Office of Nuclear Regulatory 
Research, telephone: 301-415-6003, email: Mark.Orr@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-2016-0192 when contacting the NRC 
about the availability of information regarding 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-2016-0192.
     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 
DG is available in ADAMS under Accession No. ML16097A448. The 
regulatory analysis for this DG is available in ADAMS under Accession 
No. ML16070A091.
     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-2016-0192 in your comment submission.
    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 posts 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 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. Additional Information

    The NRC is issuing for public comment a DG in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public information regarding 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 issues or postulated events, and data that the staff needs in 
its review of applications for permits and licenses.
    The DG, entitled ``Service Level I, II, III, and In-Scope License 
Renewal Protective Coatings Applied to Nuclear Power Plants,'' is 
proposed Revision 3 of RG 1.54, ``Service Level I, II, and III 
Protective Coatings Applied to Nuclear Power Plants.'' The DG is 
temporarily identified by its task number,DG-1331. This revision 
(Revision 3) of RG 1.54 approves, with certain clarifications and 
exceptions, the use of ASTM International Standard D 5144-
08[egr]\1\, ``Standard Guide for Use of Protective Coating 
Standards in Nuclear Power Plants,'' \1\ and multiple sub-tier ASTM 
International standards as identified in the RG. In addition, the NRC 
proposes to expand the scope of the RG to address aging management of 
internal coatings and linings on components within the scope of license 
renewal under part 54 of title 10 of the Code of Federal Regulations 
(10 CFR).
---------------------------------------------------------------------------

    \1\ The ``[egr]\1\'' symbol at the end of ASTM 
International Standard D 5144-08[egr]\1\ is used by ASTM 
to identify an ASTM International standard that was revised to 
correct an editorial error. The copyright date of the edited 
standard is April 2016 which differs from the original 2008 
publication date of the standard.
---------------------------------------------------------------------------

III. Backfitting and Issue Finality

    Draft regulatory guide-1331 is proposed Revision 3 of RG 1.54. It 
proposes to approve, with certain clarifications and exceptions, the 
use of ASTM International Standard D 5144-08[egr]\1\, 
``Standard Guide for Use of Protective Coating Standards in Nuclear 
Power Plants,'' and multiple sub-tier ASTM International standards as 
identified in Figure 1 of DG-1331 and described below. The ASTM 
International Standard D 5144-08[egr]\1\ was issued to 
provide a common basis on which protective coatings for the surfaces of 
nuclear power generating facilities may be qualified and selected 
through reproducible evaluation tests. This revision also expands the 
scope to include internal coatings and linings on components within the 
scope of license renewal. Copies of the ASTM International standards 
identified in DG-1331 are available for purchase from ASTM 
International, 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, 
Pennsylvania 19428-2959; telephone: 610-832-9585. Purchase information 
is also available through the ASTM Web site at http://www.astm.org.
    In addition, the NRC made some clarifications and format changes 
that did not change the intent of the guidance.
    If DG-1331 is finalized, it may be applied to current applications 
for operating licenses, combined licenses, early site permits, and 
certified design rules docketed by the NRC as of the date of issuance 
of the final RG, as well as future applications submitted after the 
issuance of the RG. Such action would not constitute backfitting as 
defined in 10 CFR 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 10 CFR part 52, 
with certain exclusions discussed below, were intended to apply to 
every NRC action that substantially changes the expectations of current 
and future applicants.
    The exceptions to this general principle are applicable whenever a 
combined license applicant references a

[[Page 62937]]

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 does not, at this time, intend to impose 
the positions represented in Revision 3 of RG 1.54 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 
Revision 3 of RG 1.54 in a manner that 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 in 
the applicable issue finality provision.
    Proposed Revision 3 of RG 1.54 updates the ASTM International 
standards the NRC staff has approved for use when qualifying and 
testing protective coatings and linings used in nuclear power plants.

    Dated at Rockville, Maryland, this 7th day of September, 2016.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2016-21956 Filed 9-12-16; 8:45 am]
 BILLING CODE 7590-01-P