Piping Systems and Components-Inspections, Tests, Analyses, and Acceptance Criteria, 42709-42711 [2017-19090]

Download as PDF asabaliauskas on DSKBBXCHB2PROD with NOTICES Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices incident occurred, and a description of the aircraft load. Weather information at the accident/ incident site—requests the weather observation facility, source of weather information, type, method, and completeness of weather briefing, temperature, altimeter setting, density altitude, dew point, type and intensity of precipitation, forecasted and actual icing conditions, light condition, visibility and restrictions, sky and lowest cloud condition, type and height of ceiling, wind direction, speed, and gusts, type and severity of turbulence, and Notices to Airman and similar advisories in effect at the time of the flight. Damage to aircraft and other property—requests information about aircraft damage, fire, or explosion, and provides space a narrative description of damage to the aircraft and other property. Narrative history of flight—requests the operator to describe the circumstances of the accident or incident. This section instructs the operator to: ‘‘Describe what occurred in chronological order, including circumstances leading to and nature of accident/incident. Describe terrain and include wreckage distribution sketch if pertinent. Attach extra sheets if needed. State departure time and location, services obtained, and intended destination. Provide as much detail as possible.’’ Recommendation—requests the operator to make a recommendation about how this accident or incident could have been prevented. Mechanical malfunction/failure—if the operator believes the accident/ incident resulted from a mechanical malfunction or failure, this section requests the name of the part, manufacturer, part number, serial number, total time/cycles on the part, total time since the part was inspected or overhauled, and a description of the failure. Fuel and services information— requests the amount of fuel on board at the last takeoff (in gallons), the type of fuel, and any other services that may have occurred prior to takeoff. Evacuation of aircraft—if an emergency evacuation occurred, the form requests the operator to describe how occupants exited and how many occupants exited each exit. Other aircraft—collision—if an air or ground collision occurred, this section requests the registration number, manufacturer, model, owner and pilot of, and damage to the other aircraft. Additional information—provides space for an operator to provide VerDate Sep<11>2014 16:34 Sep 08, 2017 Jkt 241001 additional information about any of the previous sections. The form concludes with a signature line and certification that the information provided on the form is complete and accurate to the best of the operator’s knowledge. III. Use of Information Provided on Form 6120.1 In general, the NTSB uses the information provided on Form 6120.1 to determine the facts, conditions, and circumstances for aircraft accident prevention activities and for statistical purposes. The NTSB typically receives several notifications for each accident or incident, but only requests completion of Form 6120.1 once the NTSB has determined it will pursue an investigation into the event. The NTSB’s investigations of aviation accidents and incidents are exhaustive. The NTSB utilizes a ‘‘party process,’’ as described in 49 CFR part 831, in which the NTSB invites outside entities to assist with an investigation as a ‘‘party.’’ The NTSB extends party status to those organizations that can provide the necessary technical assistance to the investigation. The investigator-in-charge (IIC), for example, often confers party status to the operator, aircraft, systems, and powerplant manufacturers, and labor organizations involved because of the accident circumstances. Everyone involved in an NTSB investigation, including the parties, depend on accurate information contained in Form 6120.1 to determine which areas warrant focus and attention. Overall, the NTSB considers Form 6120.1 to be critical to its statutory function of investigation accidents and incidents, and subsequently issuing safety recommendations to prevent future accidents and incidents. The NTSB has carefully considered whether Form 6120.1 is duplicative of any other agency’s collection of information. The NTSB is unaware of any form the Federal Aviation Administration (FAA) disseminates that requests the same information as Form 6120.1. However, the NTSB notes some operators may choose to provide a voluntary report to the National Aeronautics and Space Administration (NASA) in accordance with the Aviation Safety Reporting Program (ASRP). NASA will not accept ASRP reports about aircraft accidents; however, it is possible that an operator could report an incident listed in 49 CFR 830.5 to the NTSB on Form 6120.1, and contemporaneously submit an ASRP report about the incident to NASA. Completing and filing Form 6120.1 is required. 49 CFR 830.15(a). The NTSB PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 42709 generally does not accept partially completed forms. NTSB investigators will exercise their discretion in requiring an operator to complete a partially completed form. Currently, the NTSB accepts paper copies of Form 6120.1 sent via postal mail or facsimile, and a fillable PDF version of Form 6120.1 available on the NTSB Web site sent via email. The NTSB has received comments from various respondents who have requested an automated version of the form be available on the NTSB Web site. The NTSB is currently working to make the form available in such a manner, and is committed to providing the simplest manner of submission for all respondents. The NTSB has carefully reviewed the form to ensure that it has used plain, coherent, and unambiguous language. The NTSB estimates that respondents will spend approximately 60 minutes completing the form. The NTSB estimates that approximately 1,500 operators will complete the form per year, but this number may vary, given the unpredictable nature and frequency of aviation accidents and incidents. Robert L. Sumwalt, III, Chairman. [FR Doc. 2017–19177 Filed 9–8–17; 8:45 am] BILLING CODE 7533–01–P NUCLEAR REGULATORY COMMISSION [NRC–2017–0187] Piping Systems and Components— Inspections, Tests, Analyses, and Acceptance Criteria Nuclear Regulatory Commission. ACTION: Standard review plan-draft section revision; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is requesting public comment on draft NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition,’’ Section 14.3.3, ‘‘Piping Systems and Components—Inspections, Tests, Analyses, and Acceptance Criteria.’’ The NRC seeks comments on the proposed draft section revision of the Standard Review Plan (SRP) concerning guidance for the review of combined construction and operating license applications and amendments for piping systems and components. SUMMARY: Comments must be filed no later than November 13, 2017. Comments DATES: E:\FR\FM\11SEN1.SGM 11SEN1 42710 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices received after this date will be considered, if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2017–0187. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: TWFN–8–D36M, 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: Mark D. Notich, Office of New Reactors, telephone: 301–415–3053; email: Mark.Notich@nrc.gov; U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: asabaliauskas on DSKBBXCHB2PROD with NOTICES I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2017– 0187 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 https://www.regulations.gov and search for Docket ID NRC–2017–0187. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS 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 draft revision and current revision to NUREG–0800, Section 14.3.3, ‘‘Piping Systems and Components—Inspections, Tests, Analyses, and Acceptance Criteria’’ is available in ADAMS under Accession Nos. ML17060A205 and VerDate Sep<11>2014 16:34 Sep 08, 2017 Jkt 241001 ML070660622. The redline-strikeout version comparing the draft revision and the current version is available under Accession No. ML17131A155. • 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–2017– 0187 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 will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Further Information The NRC seeks public comment on the proposed draft section revision of SRP Section 14.3.3. The changes to SRP Chapter 14 reflect the current staff reviews, methods, and practices based on lessons learned from the NRC’s reviews of design certification and combined license applications completed since the last revision of this chapter. The draft SRP section would also provide guidance for reviewing an application for a combined license under part 52 of title 10 of the Code of Federal Regulations (10 CFR). Following NRC staff evaluation of public comments, the NRC intends to finalize SRP Section 14.3.3 in ADAMS and post it on the NRC’s public Web site at https://www.nrc.gov/reading-rm/doccollections/nuregs/staff/sr0800/. The SRP is guidance for the NRC staff. The SRP is not a substitute for the NRC’s regulations, and compliance with the SRP is not required. III. Backfitting and Issue Finality Issuance of this draft SRP section, if finalized, would not constitute backfitting as defined in 10 CFR 50.109, (the Backfit Rule) or otherwise be PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 inconsistent with the issue finality provisions in 10 CFR part 52. The NRC’s position is based upon the following considerations. 1. The draft SRP positions, if finalized, would not constitute backfitting, inasmuch as the SRP is internal guidance to NRC staff directed at the NRC staff with respect to their regulatory responsibilities. 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 current licensees or already-issued regulatory approvals either now or in the future. The NRC staff does not intend to impose or apply the positions described in the draft SRP to existing (already issued) licenses and regulatory approvals. Hence, the issuance of a final SRP, even if considered guidance within the purview of the issue finality provisions in 10 CFR part 52, would 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. 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 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) and/ 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 E:\FR\FM\11SEN1.SGM 11SEN1 Federal Register / Vol. 82, No. 174 / Monday, September 11, 2017 / Notices the positions represented in the draft 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 draft SRP in a manner which does not provide issue finality as described in the applicable issue finality provisions, then the staff must address the criteria for avoiding issue finality as described in the applicable issue finality provision. Dated at Rockville, Maryland, this 31st day of August 2017. For the Nuclear Regulatory Commission. Joseph Colaccino, Chief, Licensing Branch 3, Division of New Reactor Licensing, Office of New Reactors. [FR Doc. 2017–19090 Filed 9–8–17; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2017–0190] Technical Basis for the Proposed Guidance in NUREG–0654/FEMA– REP–1, Section II.B Nuclear Regulatory Commission. ACTION: NUREG technical basis; request for comment. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a technical basis for the proposed guidance in NUREG–0654/ FEMA–REP–1, Section II.B, ‘‘Emergency Response Organization.’’ This document is intended to support the proposed guidance by providing a technical basis. DATES: Submit comments by October 11, 2017. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC–2017–0190. Address questions about NRC dockets to Carol Gallagher; telephone: 301–415–3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Cindy Bladey, Office of Administration, Mail Stop: TWFN–8–D36M, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. For additional direction on obtaining information and submitting comments, see ‘‘Obtaining Information and asabaliauskas on DSKBBXCHB2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:34 Sep 08, 2017 Jkt 241001 Submitting Comments’’ in the section of this document. FOR FURTHER INFORMATION CONTACT: Don A. Johnson, Office of Nuclear Security and Incident Response, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–287– 9230; email: Don.Johnson@nrc.gov. SUPPLEMENTARY INFORMATION: SUPPLEMENTARY INFORMATION I. Obtaining Information and Submitting Comments A. Obtaining Information Please refer to Docket ID NRC–2017– 0190 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 https://www.regulations.gov and search for Docket ID NRC–2017–0190. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS 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 technical basis for the proposed guidance in NUREG–0654/FEMA–REP– 1, Section II.B, ‘‘Emergency Response Organization,’’ is in ADAMS under Accession No. ML16117A427. • 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–2017– 0190 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 will post all comment submissions at https:// www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 42711 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. Discussion The NRC is requesting comment on this draft technical basis. This document is intended to provide additional information for the proposed guidance in NUREG–0654/FEMA–REP– 1, Section II.B, ‘‘Emergency Response Organization.’’ Dated at Rockville, Maryland, this 5th day of September 2017. For the Nuclear Regulatory Commission. Bo M. Pham, Acting Deputy Director, Division of Preparedness and Response, Office of Nuclear Security and Incident Response. [FR Doc. 2017–19093 Filed 9–8–17; 8:45 am] BILLING CODE 7590–01–P POSTAL REGULATORY COMMISSION [Docket Nos. MC2017–183 and CP2017–284] New Postal Products Postal Regulatory Commission. Notice. AGENCY: ACTION: The Commission is noticing a recent Postal Service filing for the Commission’s consideration concerning negotiated service agreements. This notice informs the public of the filing, invites public comment, and takes other administrative steps. DATES: Comments are due: September 13, 2017. ADDRESSES: Submit comments electronically via the Commission’s Filing Online system at https:// www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives. SUMMARY: FOR FURTHER INFORMATION CONTACT: David A. Trissell, General Counsel, at 202–789–6820. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. Docketed Proceeding(s) I. Introduction The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 82, Number 174 (Monday, September 11, 2017)]
[Notices]
[Pages 42709-42711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-19090]


=======================================================================
-----------------------------------------------------------------------

NUCLEAR REGULATORY COMMISSION

[NRC-2017-0187]


Piping Systems and Components--Inspections, Tests, Analyses, and 
Acceptance Criteria

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-draft section revision; request for 
comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is requesting 
public comment on draft NUREG-0800, ``Standard Review Plan for the 
Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition,'' Section 14.3.3, ``Piping Systems and Components--
Inspections, Tests, Analyses, and Acceptance Criteria.'' The NRC seeks 
comments on the proposed draft section revision of the Standard Review 
Plan (SRP) concerning guidance for the review of combined construction 
and operating license applications and amendments for piping systems 
and components.

DATES: Comments must be filed no later than November 13, 2017. Comments

[[Page 42710]]

received after this date will be considered, if it is practical to do 
so, but the Commission is able to ensure consideration only for 
comments received on or before this date.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Web site: Go to https://www.regulations.gov and search for Docket ID NRC-2017-0187. Address 
questions about NRC dockets to Carol Gallagher; telephone: 301-415-
3463; email: Carol.Gallagher@nrc.gov. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     Mail comments to: Cindy Bladey, Office of Administration, 
Mail Stop: TWFN-8-D36M, 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: Mark D. Notich, Office of New 
Reactors, telephone: 301-415-3053; email: Mark.Notich@nrc.gov; 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-2017-0187 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 https://www.regulations.gov and search for Docket ID NRC-2017-0187.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS 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 
draft revision and current revision to NUREG-0800, Section 14.3.3, 
``Piping Systems and Components--Inspections, Tests, Analyses, and 
Acceptance Criteria'' is available in ADAMS under Accession Nos. 
ML17060A205 and ML070660622. The redline-strikeout version comparing 
the draft revision and the current version is available under Accession 
No. ML17131A155.
     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-2017-0187 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 will post all comment submissions at https://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Further Information

    The NRC seeks public comment on the proposed draft section revision 
of SRP Section 14.3.3. The changes to SRP Chapter 14 reflect the 
current staff reviews, methods, and practices based on lessons learned 
from the NRC's reviews of design certification and combined license 
applications completed since the last revision of this chapter. The 
draft SRP section would also provide guidance for reviewing an 
application for a combined license under part 52 of title 10 of the 
Code of Federal Regulations (10 CFR).
    Following NRC staff evaluation of public comments, the NRC intends 
to finalize SRP Section 14.3.3 in ADAMS and post it on the NRC's public 
Web site at https://www.nrc.gov/reading-rm/doc-collections/nuregs/staff/sr0800/. The SRP is guidance for the NRC staff. The SRP is not a 
substitute for the NRC's regulations, and compliance with the SRP is 
not required.

III. Backfitting and Issue Finality

    Issuance of this draft SRP section, if finalized, would not 
constitute backfitting as defined in 10 CFR 50.109, (the Backfit Rule) 
or otherwise be inconsistent with the issue finality provisions in 10 
CFR part 52. The NRC's position is based upon the following 
considerations.
    1. The draft SRP positions, if finalized, would not constitute 
backfitting, inasmuch as the SRP is internal guidance to NRC staff 
directed at the NRC staff with respect to their regulatory 
responsibilities.
    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 
current licensees or already-issued regulatory approvals either now or 
in the future.
    The NRC staff does not intend to impose or apply the positions 
described in the draft SRP to existing (already issued) licenses and 
regulatory approvals. Hence, the issuance of a final SRP, even if 
considered guidance within the purview of the issue finality provisions 
in 10 CFR part 52, would 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. 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 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) and/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

[[Page 42711]]

the positions represented in the draft 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 draft SRP in a manner which 
does not provide issue finality as described in the applicable issue 
finality provisions, then the staff must address the criteria for 
avoiding issue finality as described in the applicable issue finality 
provision.

    Dated at Rockville, Maryland, this 31st day of August 2017.

    For the Nuclear Regulatory Commission.
Joseph Colaccino,
Chief, Licensing Branch 3, Division of New Reactor Licensing, Office of 
New Reactors.
[FR Doc. 2017-19090 Filed 9-8-17; 8:45 am]
BILLING CODE 7590-01-P
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