Branch Technical Position 5-3, Fracture Toughness Requirements, 10341-10342 [2019-05262]

Download as PDF Federal Register / Vol. 84, No. 54 / Wednesday, March 20, 2019 / Notices Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 2084; email: Infocollects.Resource@ nrc.gov. SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments jbell on DSK30RV082PROD with NOTICES A. Obtaining Information Please refer to Docket ID NRC–2019– 0045 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 Website: Go to http://www.regulations.gov and search for Docket ID NRC–2019–0045. A copy of the collection of information and related instructions may be obtained without charge by accessing Docket ID NRC–2019–0045 on this website. • 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. A copy of the collection of information and related instructions may be obtained without charge by accessing ADAMS Accession No. ML19058A132. The supporting statement and title of document is Survey of NRC Materials Licensees to Support Rulemaking for NRC’s Small Entity Size Standards are available in ADAMS under Accession No. ML19058A130. • 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. • NRC’s Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting NRC’s Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001; telephone: 301–415– 2084; email: Infocollects.Resource@ nrc.gov. B. Submitting Comments Please include Docket ID NRC–2019– 0045 in the subject line of your comment submission, in order to ensure that the NRC is able to make your VerDate Sep<11>2014 17:27 Mar 19, 2019 Jkt 247001 comment submission available to the public in this docket. The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http:// www.regulations.gov as well as enter the comment submissions into ADAMS, and the NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment into ADAMS. II. Background In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC is requesting public comment on its intention to request the OMB’s approval for the information collection summarized below. 1. The title of the information collection: Survey of NRC materials licensees to support rulemaking for NRC’s small entity size standards. 2. OMB approval number: An OMB control number has not yet been assigned to this proposed information collection. 3. Type of submission: New. 4. The form number, if applicable: Not applicable. 5. How often the collection is required or requested: Once. 6. Who will be required or asked to respond: Current materials users licensees. 7. The estimated number of annual responses: 457. 8. The estimated number of annual respondents: 457. 9. The estimated number of hours needed annually to comply with the information collection requirement or request: 151 hours. 10. Abstract: The NRC has its own standards for categorizing small business size entities that are noted in section 2.810 of title 10 of the Code of Federal Regulations, ‘‘NRC size standards.’’ The agency’s standards differ from those used by the Small Business Administration (SBA) because it is difficult to align NRC licensees with Small Business Administration size PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 10341 standards and the Omnibus Budget Reconciliations Act of 1990 requirement for NRC to recover 90 percent of the annual budget through fees. Since the agency has not surveyed its materials licensees since 1993, the staff will conduct a survey to gather financial data to determine if a change to the size standards is needed. Without conducting a survey, the NRC staff does not have the data needed to determine the impact of shifting from the current nuclear industry-specific standards. The results of the analysis will be used to provide a recommendation to the Commission that is backed with sound empirical data. III. Specific Requests for Comments The NRC is seeking comments that address the following questions: 1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility? 2. Is the estimate of the burden of the information collection accurate? 3. Is there a way to enhance the quality, utility, and clarity of the information to be collected? 4. How can the burden of the information collection on respondents be minimized, including the use of automated collection techniques or other forms of information technology? Dated at Rockville, Maryland, this 14th day of March 2019. For the Nuclear Regulatory Commission. Kristen E. Benney, Acting NRC Clearance Officer, Office of the Chief Information Officer. [FR Doc. 2019–05185 Filed 3–19–19; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2018–0145] Branch Technical Position 5–3, Fracture Toughness Requirements 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 Branch Technical Position (BTP) 5–3, ‘‘Fracture Toughness Requirements,’’ of NUREG–0800, ‘‘Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ DATES: March 20, 2019. ADDRESSES: Please refer to Docket ID NRC–2018–0145 when contacting the SUMMARY: E:\FR\FM\20MRN1.SGM 20MRN1 10342 Federal Register / Vol. 84, No. 54 / Wednesday, March 20, 2019 / Notices NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods: • Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC–2018–0145. 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. • 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: jbell on DSK30RV082PROD with NOTICES I. Background On July 13, 2018 (83 FR 32690), the NRC published for public comment a proposed revision of BTP 5–3, ‘‘Fracture Toughness Requirements,’’ of NUREG– 0800, ‘‘Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ On September 20, 2018 (83 FR 47647), the NRC reopened the public comment period on this document for 30 days to allow more time for members of the public to review additional revisions that the NRC made to BTP 5– 3 since the draft was issued on July 13, 2018, and to assemble and submit their comments. The public comment period closed on October 22, 2018. A summary of comments received and the NRC staff’s disposition of the comments are available in a separate document, ‘‘Response to Public Comments on Draft SRP BTP 5–3, ‘‘Fracture Toughness Requirements,’’ (ADAMS Accession No. ML18338A517). VerDate Sep<11>2014 17:27 Mar 19, 2019 Jkt 247001 II. Backfitting and Issue Finality Chapter 5 of the SRP provides guidance to the staff for reviewing reactor coolant and connected systems information included in licensing applications. BTP 5–3 of the SRP provides guidance for the review of information addressing piping systems and components. Issuance of this SRP section revision does not constitute backfitting as defined in section 50.109 (the Backfit Rule) of the Code of Federal Regulations (10 CFR) 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 directed 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 below—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 of 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) and/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 positions 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 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 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 set forth 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,’’ Branch Technical Position 5–3, ‘Fracture Toughness Requirements’’’ is non-major under the Congressional Review Act. Dated at Rockville, Maryland, this 15th day of March, 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. 2019–05262 Filed 3–19–19; 8:45 am] BILLING CODE 7590–01–P OFFICE OF PERSONNEL MANAGEMENT Privacy Act of 1974; Computer Matching Program Between the Office of Personnel Management and Social Security Administration Office of Personnel Management. AGENCY: E:\FR\FM\20MRN1.SGM 20MRN1

Agencies

[Federal Register Volume 84, Number 54 (Wednesday, March 20, 2019)]
[Notices]
[Pages 10341-10342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-05262]


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

NUCLEAR REGULATORY COMMISSION

[NRC-2018-0145]


Branch Technical Position 5-3, Fracture Toughness Requirements

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 Branch Technical Position (BTP) 5-3, ``Fracture 
Toughness Requirements,'' of NUREG-0800, ``Standard Review Plan (SRP) 
for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition.''

DATES: March 20, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0145 when contacting the

[[Page 10342]]

NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2018-0145. 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.
     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 July 13, 2018 (83 FR 32690), the NRC published for public 
comment a proposed revision of BTP 5-3, ``Fracture Toughness 
Requirements,'' of NUREG-0800, ``Standard Review Plan (SRP) for the 
Review of Safety Analysis Reports for Nuclear Power Plants: LWR 
Edition.'' On September 20, 2018 (83 FR 47647), the NRC reopened the 
public comment period on this document for 30 days to allow more time 
for members of the public to review additional revisions that the NRC 
made to BTP 5-3 since the draft was issued on July 13, 2018, and to 
assemble and submit their comments. The public comment period closed on 
October 22, 2018. A summary of comments received and the NRC staff's 
disposition of the comments are available in a separate document, 
``Response to Public Comments on Draft SRP BTP 5-3, ``Fracture 
Toughness Requirements,'' (ADAMS Accession No. ML18338A517).

II. Backfitting and Issue Finality

    Chapter 5 of the SRP provides guidance to the staff for reviewing 
reactor coolant and connected systems information included in licensing 
applications. BTP 5-3 of the SRP provides guidance for the review of 
information addressing piping systems and components.
    Issuance of this SRP section revision does not constitute 
backfitting as defined in section 50.109 (the Backfit Rule) of the Code 
of Federal Regulations (10 CFR) 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 directed 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 below--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 of 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) and/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 positions 
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 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 set forth 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,'' Branch Technical Position 5-3, 
`Fracture Toughness Requirements''' is non-major under the 
Congressional Review Act.

    Dated at Rockville, Maryland, this 15th day of March, 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. 2019-05262 Filed 3-19-19; 8:45 am]
 BILLING CODE 7590-01-P