Physical Security, 7944-7945 [2019-03862]

Download as PDF 7944 Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices Thursday, March 7, 2019, Conference Room T3D50 8:30 a.m.–8:35 a.m.: Opening Remarks by the ACRS Chairman (Open)—The ACRS Chairman will make opening remarks regarding the conduct of the meeting. 8:35 a.m.–11:30 a.m.: NuScale Safety Evaluation Report with Open Items for Chapters 13 and 18 (Open/Closed)—The Committee will have briefings by and discussion with representatives of the NRC staff and NuScale regarding the identified chapters. [Note: This session may be closed in order to discuss and protect information designated as proprietary, pursuant to 5 U.S.C 552b(c)(4)] 12:30 p.m.–6:00 p.m.: Preparation of ACRS Reports/Retreat (Open/Closed)— The Committee will continue its discussion of proposed ACRS reports and retreat items. [NOTE: A portion of this session may be closed in order to discuss and protect information designated as proprietary, pursuant to 5 U.S.C 552b(c)(4)]. [NOTE: A portion of this meeting may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy.] amozie on DSK9F9SC42PROD with NOTICES Friday, March 8, 2019, Conference Room T3D50 8:30 a.m.–10:00 a.m.: Future ACRS Activities/Report of the Planning and Procedures Subcommittee and Reconciliation of ACRS Comments and Recommendations (Open/Closed)—The Committee will hear discussion of the recommendations of the Planning and Procedures Subcommittee regarding items proposed for consideration by the Full Committee during future ACRS meetings. [Note: A portion of this session may be closed in order to discuss and protect information designated as proprietary, pursuant to 5 U.S.C 552b(c)(4)]. [NOTE: A portion of this meeting may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy]. 10:15 a.m.–12:00 p.m.: Preparation of ACRS Reports/Retreat (Open/Closed)— The Committee will continue its discussion of proposed ACRS reports and retreat items. [Note: A portion of this session may be closed in order to discuss and protect information VerDate Sep<11>2014 17:54 Mar 04, 2019 Jkt 247001 designated as proprietary, pursuant to 5 U.S.C 552b(c)(4)]. [Note: A portion of this meeting may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy]. 1:00 p.m.–6:00 p.m.: Preparation of ACRS Reports/Retreat (Open/Closed)— The Committee will continue its discussion of proposed ACRS reports and retreat items. [Note: A portion of this session may be closed in order to discuss and protect information designated as proprietary, pursuant to 5 U.S.C 552b(c)(4)]. [Note: A portion of this meeting may be closed pursuant to 5 U.S.C. 552b(c)(2) and (6) to discuss organizational and personnel matters that relate solely to internal personnel rules and practices of the ACRS, and information the release of which would constitute a clearly unwarranted invasion of personal privacy.] Procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on December 7, 2018 (83 FR 26506). In accordance with those procedures, oral or written views may be presented by members of the public, including representatives of the nuclear industry. Persons desiring to make oral statements should notify Quynh Nguyen, Cognizant ACRS Staff (Telephone: 301–415–5844, Email: Quynh.Nguyen@nrc.gov), 5 days before the meeting, if possible, so that appropriate arrangements can be made to allow necessary time during the meeting for such statements. In view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the Cognizant ACRS staff if such rescheduling would result in major inconvenience. The bridgeline number for the meeting is 866–822–3032, passcode 8272423#. Thirty-five hard copies of each presentation or handout should be provided 30 minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the Cognizant ACRS Staff one day before meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the Cognizant ACRS Staff with a CD containing each presentation at least 30 minutes before the meeting. In accordance with Subsection 10(d) of Public Law 92–463 and 5 U.S.C. 552b(c), certain portions of this meeting may be closed, as specifically noted PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 above. Use of still, motion picture, and television cameras during the meeting may be limited to selected portions of the meeting as determined by the Chairman. Electronic recordings will be permitted only during the open portions of the meeting. ACRS meeting agendas, meeting transcripts, and letter reports are available through the NRC Public Document Room (PDR) at pdr.resource@ nrc.gov, or by calling the PDR at 1–800– 397–4209, or from the Publicly Available Records System component of NRC’s document system (ADAMS) which is accessible from the NRC website at https://www.nrc.gov/readingrm/adams.html or https://www.nrc.gov/ reading-rm/doc-collections/#ACRS/. Video teleconferencing service is available for observing open sessions of ACRS meetings. Those wishing to use this service should contact Ms. Paula Dorm, ACRS Audio Visual Technician (301–415–7799), between 7:30 a.m. and 3:45 p.m. (ET), at least 10 days before the meeting to ensure the availability of this service. Individuals or organizations requesting this service will be responsible for telephone line charges and for providing the equipment and facilities that they use to establish the video teleconferencing link. The availability of video teleconferencing services is not guaranteed. Dated: February 28, 2019. Russell E. Chazell, Federal Advisory Committee Management Officer, Office of the Secretary. [FR Doc. 2019–03898 Filed 3–4–19; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2016–0126] Physical Security Nuclear Regulatory Commission. ACTION: Standard review plan-final section revision; issuance. AGENCY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final Revision 4 to Section 13.6, ’’Physical Security’’ of NUREG–0800, ‘‘Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ DATES: The date of this SRP update is March 5, 2019. ADDRESSES: Please refer to Docket ID NRC–2016–0126 when contacting the NRC about the availability of information regarding this document. SUMMARY: E:\FR\FM\05MRN1.SGM 05MRN1 Federal Register / Vol. 84, No. 43 / Tuesday, March 5, 2019 / Notices You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC–2016–0126. Address questions about NRC docket IDs in Regulations.gov to Krupskaya Castellon; telephone: 301–287–9221; email: Krupskaya.Castellon@nrc.gov. For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Document collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, select ‘‘Begin Web-based ADAMS Search.’’ For problems with ADAMS, 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 final revision to SRP 13.6 is available in ADAMS under Accession No. ML18344A041. • NRC’s PDR: You may examine and purchase copies of public documents at the NRC’s PDR, Room O1–F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. FOR FURTHER INFORMATION CONTACT: Mark D. Notich, Office of New Reactors, U. S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415–3053, email: Mark.Notich@ nrc.gov. SUPPLEMENTARY INFORMATION: I. Background On September 11, 2018 (83 FR 45992), the NRC published for public comment a proposed revision of Section 13.6, ‘‘Physical Security’’ of NUREG–0800, ‘‘Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ The public comment period closed on November 13, 2018. No public comments were received concerning Revision 4 of SRP 13.6. amozie on DSK9F9SC42PROD with NOTICES II. Backfitting and Issue Finality Chapter 13 of the SRP provides guidance to the staff for conduct of operations under part 52 of title 10 of the Code of Federal Regulations (10 CFR). Section 13.6 of the SRP provides an introduction for the remainder of the Chapter 13 SRP sections addressing physical security for the review of combined license (COL), early site permit (ESP), standard design certification, and operating license (OL) VerDate Sep<11>2014 17:54 Mar 04, 2019 Jkt 247001 applications and amendments for physical security. Issuance of this SRP section revision does not constitute backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it inconsistent with the issue finality provisions in 10 CFR part 52. The NRC’s position is based upon the following considerations: 1. The SRP positions do not constitute backfitting, inasmuch as the SRP is guidance direct to the NRC staff with respect to its regulatory responsibilities. The SRP provides guidance to the NRC staff on how to review an application for NRC regulatory approval in the form of licensing. Changes in guidance intended for use by only the staff are not matters that constitute backfitting as that term is defined in 10 CFR 50.109(a)(1) or involve the issue finality provisions of 10 CFR part 52. 2. Backfitting and issue finality—with certain exceptions discussed belowe— do not apply to current or future applicants. Applicants and potential applicants are not, with certain exceptions, the subject of 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 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 a 10 CFR part 50 operating license applicant references a construction permit or a 10 CFR part 52 combined license applicant references a license (e.g., an early site permit) or an NRC regulatory approval (e.g., a design certification rule) for which specified issue finality provisions apply. The NRC staff does not currently intend to impose the positions represented in this final SRP section in a manner that constitutes backfitting or is inconsistent with any issue finality provision of 10 CFR part 52. If in the future the NRC staff seeks to impose a position stated in this SRP section in a manner that would constitute backfitting or be inconsistent with these issue finality provisions, the NRC staff must make the showing as set forth in the Backfit Rule or address the regulatory criteria set forth in the applicable issue finality provision, as applicable, that would allow the staff to impose the position. 3. The NRC staff has no intention to impose the SRP positions on existing nuclear power plant licensees either now or in the future (absent a voluntary request for a change from the licensee, PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 7945 holder of a regulatory approval or a design certification applicant). The NRC staff does not intend to impose or apply the positions described in this final SRP section to existing (already issued) licenses (e.g., operating licenses and combined licenses) and regulatory approvals. Hence, the issuance of this SRP guidance—even if considered guidance subject to the Backfit Rule or 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 would constitute backfitting or does not provide issue finality as described in the applicable issue finality provision, then the staff must make a showing as set forth in the Backfit Rule or address the criteria in the applicable issue finality provision, as applicable, that would allow the staff to impose the position. III. Congressional Review Act The Office of Management and Budget makes the determination that the United States Nuclear Regulatory Commission action titled ‘NUREG–0800, ‘‘Standard Review Plan for the Review of Safety Analysis Reports for Nuclear Power Plants; LWR Edition,’’ Revision 4 of Standard Review Plan Section 13.6, ‘‘Physical Security’’’ is non-major under the Congressional Review Act. Dated at Rockville, Maryland, on February 27, 2019. For the Nuclear Regulatory Commission. Jennivine K. Rankin, Chief (Acting), Division of Licensing, Siting, and Environmental Analysis, Licensing Branch 3, Office of New Reactors. [FR Doc. 2019–03862 Filed 3–4–19; 8:45 am] BILLING CODE 7590–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–85209; File No. SR–FINRA– 2018–039] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving Proposed Rule Change Relating to FINRA Rule 4570 (Custodian of Books and Records) February 27, 2019. I. Introduction On November 15, 2018, the Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) filed with the Securities and Exchange Commission (‘‘Commission’’), E:\FR\FM\05MRN1.SGM 05MRN1

Agencies

[Federal Register Volume 84, Number 43 (Tuesday, March 5, 2019)]
[Notices]
[Pages 7944-7945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-03862]


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NUCLEAR REGULATORY COMMISSION

[NRC-2016-0126]


Physical Security

AGENCY: Nuclear Regulatory Commission.

ACTION: Standard review plan-final section revision; issuance.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing final 
Revision 4 to Section 13.6, ''Physical Security'' of NUREG-0800, 
``Standard Review Plan (SRP) for the Review of Safety Analysis Reports 
for Nuclear Power Plants: LWR Edition.''

DATES: The date of this SRP update is March 5, 2019.

ADDRESSES: Please refer to Docket ID NRC-2016-0126 when contacting the 
NRC about the availability of information regarding this document.

[[Page 7945]]

You may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to https://www.regulations.gov and search for Docket ID NRC-2016-0126. Address 
questions about NRC docket IDs in Regulations.gov to Krupskaya 
Castellon; telephone: 301-287-9221; email: Krupskaya.Castellon@nrc.gov. 
For technical questions, contact the individual listed in the FOR 
FURTHER INFORMATION CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Document collection at https://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``Begin Web-based ADAMS 
Search.'' For problems with ADAMS, 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 final revision to SRP 13.6 is available 
in ADAMS under Accession No. ML18344A041.
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Mark D. Notich, Office of New 
Reactors, U. S. Nuclear Regulatory Commission, Washington, DC 20555-
0001; telephone: 301-415-3053, email: Mark.Notich@nrc.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 11, 2018 (83 FR 45992), the NRC published for public 
comment a proposed revision of Section 13.6, ``Physical Security'' of 
NUREG-0800, ``Standard Review Plan (SRP) for the Review of Safety 
Analysis Reports for Nuclear Power Plants: LWR Edition.'' The public 
comment period closed on November 13, 2018. No public comments were 
received concerning Revision 4 of SRP 13.6.

II. Backfitting and Issue Finality

    Chapter 13 of the SRP provides guidance to the staff for conduct of 
operations under part 52 of title 10 of the Code of Federal Regulations 
(10 CFR). Section 13.6 of the SRP provides an introduction for the 
remainder of the Chapter 13 SRP sections addressing physical security 
for the review of combined license (COL), early site permit (ESP), 
standard design certification, and operating license (OL) applications 
and amendments for physical security.
    Issuance of this SRP section revision does not constitute 
backfitting as defined in 10 CFR 50.109 (the Backfit Rule) nor is it 
inconsistent with the issue finality provisions in 10 CFR part 52. The 
NRC's position is based upon the following considerations:
    1. The SRP positions do not constitute backfitting, inasmuch as the 
SRP is guidance direct to the NRC staff with respect to its regulatory 
responsibilities.
    The SRP provides guidance to the NRC staff on how to review an 
application for NRC regulatory approval in the form of licensing. 
Changes in guidance intended for use by only the staff are not matters 
that constitute backfitting as that term is defined in 10 CFR 
50.109(a)(1) or involve the issue finality provisions of 10 CFR part 
52.
    2. Backfitting and issue finality--with certain exceptions 
discussed belowe--do not apply to current or future applicants.
    Applicants and potential applicants are not, with certain 
exceptions, the subject of 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 
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 a 
10 CFR part 50 operating license applicant references a construction 
permit or a 10 CFR part 52 combined license applicant references a 
license (e.g., an early site permit) or an NRC regulatory approval 
(e.g., a design certification rule) for which specified issue finality 
provisions apply.
    The NRC staff does not currently intend to impose the positions 
represented in this final SRP section in a manner that constitutes 
backfitting or is inconsistent with any issue finality provision of 10 
CFR part 52. If in the future the NRC staff seeks to impose a position 
stated in this SRP section in a manner that would constitute 
backfitting or be inconsistent with these issue finality provisions, 
the NRC staff must make the showing as set forth in the Backfit Rule or 
address the regulatory criteria set forth in the applicable issue 
finality provision, as applicable, that would allow the staff to impose 
the position.
    3. The NRC staff has no intention to impose the SRP positions on 
existing nuclear power plant licensees either now or in the future 
(absent a voluntary request for a change from the licensee, holder of a 
regulatory approval or a design certification applicant).
    The NRC staff does not intend to impose or apply the positions 
described in this final SRP section to existing (already issued) 
licenses (e.g., operating licenses and combined licenses) and 
regulatory approvals. Hence, the issuance of this SRP guidance--even if 
considered guidance subject to the Backfit Rule or 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 would constitute 
backfitting or does not provide issue finality as described in the 
applicable issue finality provision, then the staff must make a showing 
as set forth in the Backfit Rule or address the criteria in the 
applicable issue finality provision, as applicable, that would allow 
the staff to impose the position.

III. Congressional Review Act

    The Office of Management and Budget makes the determination that 
the United States Nuclear Regulatory Commission action titled `NUREG-
0800, ``Standard Review Plan for the Review of Safety Analysis Reports 
for Nuclear Power Plants; LWR Edition,'' Revision 4 of Standard Review 
Plan Section 13.6, ``Physical Security''' is non-major under the 
Congressional Review Act.

    Dated at Rockville, Maryland, on February 27, 2019.

    For the Nuclear Regulatory Commission.
Jennivine K. Rankin,
Chief (Acting), Division of Licensing, Siting, and Environmental 
Analysis, Licensing Branch 3, Office of New Reactors.
[FR Doc. 2019-03862 Filed 3-4-19; 8:45 am]
 BILLING CODE 7590-01-P
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