Standard Review Plan (SRP) 13.4, Operational Programs, 13968-13969 [2019-06837]

Download as PDF 13968 Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Notices accommodate the scheduling priorities of the key participants. Patricia Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration. 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. [FR Doc. 2019–06870 Filed 4–5–19; 8:45 am] SUPPLEMENTARY INFORMATION: BILLING CODE 7510–13–P I. Background On September 11, 2018 (83 FR 45995), the NRC published for public comment proposed Revision 4 of Section 13.4, ‘‘Operational Programs’’ 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. NUCLEAR REGULATORY COMMISSION [NRC–2018–0196] Standard Review Plan (SRP) 13.4, Operational Programs Nuclear Regulatory Commission. ACTION: Standard review plan-final section revision; issuance. AGENCY: II. Backfitting and Issue Finality The U.S. Nuclear Regulatory Commission (NRC) is issuing final Revision 4 to Section 13.4, ‘‘Operational Programs’’ of NUREG–0800, ‘‘Standard Review Plan (SRP) for the Review of Safety Analysis Reports for Nuclear Power Plants: LWR Edition.’’ DATES: The effective date of this SRP update is April 8, 2019. ADDRESSES: Please refer to Docket ID NRC–2018–0196 when contacting the 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 https://www.regulations.gov and search for Docket ID NRC–2018–0196. Address questions about NRC dockets IDs in Regulations.gov to Jennifer Borges; telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document. • NRC’s Agencywide Documents Access and Management System (ADAMS): You may obtain publiclyavailable documents online in the ADAMS Public Documents collection at https://www.nrc.gov/reading-rm/ adams.html. To begin the search, 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 final revision, is available in ADAMS under the following Accession No. ML18344A032. • 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. SUMMARY: jbell on DSK30RV082PROD with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Sep<11>2014 17:45 Apr 05, 2019 Jkt 247001 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 13.4 of the SRP provides information on operational programs that must be addressed during the review of combined license (COL), early site permit (ESP), standard design certification, and operating license (OL) applications. 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 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 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 PO 00000 Frm 00107 Fmt 4703 Sfmt 4703 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 SRP 13.4, ‘‘Operational Programs’’ is nonmajor under the Congressional Review Act. E:\FR\FM\08APN1.SGM 08APN1 Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Notices Dated at Rockville, Maryland, this 3rd day of April 2019. For the Nuclear Regulatory Commission. Jennivine K. Rankin, Acting Chief, Division of Licensing, Siting, and Environmental Analysis, Licensing Branch 3, Office of New Reactors. [FR Doc. 2019–06837 Filed 4–5–19; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2019–0091] Leakage Tests on Packages for Shipment of Radioactive Material 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), DG–7010, ‘‘Leakage Tests on Packages for Shipment of Radioactive Material.’’ This proposed revision, Revision 2 to Regulatory Guide (RG) 7.4, endorses the methods and procedures developed by the Standards Committee on Packaging and Transportation of Radioactive and Nonnuclear Hazardous Materials (N14), Subcommittee of the American National Standards Institute (ANSI) in ANSI N14.5–2014, ‘‘American National Standard for Radioactive Materials— Leakage Tests on Packages for Shipment.’’ SUMMARY: Submit comments by June 7, 2019. 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 improvements in all published guides are encouraged at any time. ADDRESSES: You may submit comments by any of the following methods: • Federal Rulemaking Website: Go to https://www.regulations.gov and search for Docket ID NRC–2019–0091. Address questions about NRC dockets to Jennifer Borges: Telephone: 301–287–9127; email: Jennifer.Borges@nrc.gov. For technical questions, contact the individuals listed in the FOR FURTHER INFORMATION CONTACT section of this document. • Mail comments to: Office of Administration, Mail Stop: TWFN–7– A60M, U.S. Nuclear Regulatory jbell on DSK30RV082PROD with NOTICES DATES: VerDate Sep<11>2014 17:45 Apr 05, 2019 Jkt 247001 Commission, Washington, DC 20555– 0001. For additional direction on accessing information and submitting comments, see ‘‘Obtaining Information and Submitting Comments’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: JoAnn Ireland, Office of Nuclear Material Safety and Safeguards, telephone: 301–415–6950, email: JoAnn.Ireland@nrc.gov and Harriet Karagiannis, Office of Nuclear Regulatory Research, telephone: 301– 415–2493, email: Harriet.Karagiannis@ nrc.gov. Both are 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–2019– 0091 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 https://www.regulations.gov and search for Docket ID NRC–2019–0091. • 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 ‘‘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 electronically available in ADAMS under Accession No. ML19042A172. • 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–2019– 0091 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. PO 00000 Frm 00108 Fmt 4703 Sfmt 4703 13969 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. 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, ‘‘Leakage Tests on Packages for Shipment of Radioactive Material’’ is temporarily identified by its task number, DG–7010. DG–7010 is proposed Revision 2 to RG 7.4, dated March 2012. Revision 2 endorses an update to ANSI N14.5 that has new information, corrections, and clarifications, to ensure integrity of containers for radioactive materials, and minimize the distribution of contamination to the environment. III. Backfitting and Issue Finality As discussed in the ‘‘Implementation’’ section of DG–7010, the NRC does not intend or approve any imposition or backfitting of the guidance in this draft regulatory guide. Backfitting and issue finality considerations do not apply to licensees, CoC holders, and applicants when performing activities under part 71 of title 10 of the Code of Federal Regulations (10 CFR). Therefore, the NRC has determined that its backfitting and issue finality regulations would not apply to this draft regulatory guide, if ultimately issued as Revision 2 to RG 7.4, because the draft regulatory guide does not include any provisions within the scope of matters covered by the backfitting provisions in 10 CFR parts 50, 70, 72, or 76, or the issue finality provisions of 10 CFR part 52. Dated at Rockville, Maryland, this 3rd day of April 2019. E:\FR\FM\08APN1.SGM 08APN1

Agencies

NUCLEAR REGULATORY COMMISSION

[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Notices]
[Pages 13968-13969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06837]


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NUCLEAR REGULATORY COMMISSION

[NRC-2018-0196]


Standard Review Plan (SRP) 13.4, Operational Programs

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 13.4, ``Operational Programs'' of NUREG-0800, 
``Standard Review Plan (SRP) for the Review of Safety Analysis Reports 
for Nuclear Power Plants: LWR Edition.''

DATES: The effective date of this SRP update is April 8, 2019.

ADDRESSES: Please refer to Docket ID NRC-2018-0196 when contacting the 
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 https://www.regulations.gov and search for Docket ID NRC-2018-0196. Address 
questions about NRC dockets IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual(s) listed in the FOR FURTHER 
INFORMATION CONTACT section of this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may 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 ``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 [email protected]. The final revision, is available in 
ADAMS under the following Accession No. ML18344A032.
     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: [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 11, 2018 (83 FR 45995), the NRC published for public 
comment proposed Revision 4 of Section 13.4, ``Operational Programs'' 
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.

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 13.4 of the SRP provides information on operational 
programs that must be addressed during the review of combined license 
(COL), early site permit (ESP), standard design certification, and 
operating license (OL) applications.
    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 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 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 SRP 13.4, 
``Operational Programs'' is non-major under the Congressional Review 
Act.


[[Page 13969]]


    Dated at Rockville, Maryland, this 3rd day of April 2019.

    For the Nuclear Regulatory Commission.

Jennivine K. Rankin,
Acting Chief, Division of Licensing, Siting, and Environmental 
Analysis, Licensing Branch 3, Office of New Reactors.
[FR Doc. 2019-06837 Filed 4-5-19; 8:45 am]
 BILLING CODE 7590-01-P

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