Guidance for a Technology-Inclusive, Risk-Informed, and Performance-Based Methodology To Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for Non-Light Water Reactors, 19132-19133 [2019-09089]

Download as PDF 19132 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices Chambers@nrc.gov. Determinations on requests for reasonable accommodation will be made on a case-by-case basis. Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301– 415–1969), or by email at Wendy.Moore@nrc.gov. Dated at Rockville, Maryland, this 1st day of May, 2019. For the Nuclear Regulatory Commission. Denise L. McGovern, Policy Coordinator, Office of the Secretary. [FR Doc. 2019–09226 Filed 5–1–19; 4:15 pm] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2019–0113] Guidance for a Technology-Inclusive, Risk-Informed, and PerformanceBased Methodology To Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for NonLight Water Reactors 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–1353, ‘‘Guidance for a TechnologyInclusive, Risk-Informed, and Performance-Based Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for NonLight Water Reactors.’’ This DG proposes new guidance for designers, applicants, and licensees of non-light water cooled nuclear reactors (nonLWRs) to inform the licensing basis and content of applications submittals to the NRC for licenses, certifications, or approvals. The DG provides guidance on using a technology-inclusive, riskinformed, and performance-based methodology to inform the licensing basis and content of applications for licenses, certifications, and approvals for non-LWRs. DATES: Submit comments by July 2, 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 amozie on DSK9F9SC42PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:41 May 02, 2019 Jkt 247001 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 http://www.regulations.gov and search for Docket ID NRC–2019–0113. Address questions about NRC docket IDs in Regulations.gov 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 Commission, Washington, DC 20555– 0001, ATTN: Program Management, Announcements and Editing Staff. 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: William Reckley, Office of New Reactors, telephone: 301–415–7490, email: William.Reckley@nrc.gov, or Stanley Gardocki, Office of Nuclear Regulatory Research, telephone: 301– 415–1067, email: Stanley.Gardocki@ nrc.gov. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. SUPPLEMENTARY INFORMATION: guidance document NEI 18–04, ‘‘RiskInformed Performance-Based Guidance for Non-Light Water Reactor Licensing Basis Development,’’ is available in ADAMS under Accession No. ML18271A172. The regulatory analysis for this DG is available in ADAMS under Accession No. ML18325A214. • 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. I. Obtaining Information and Submitting Comments B. Submitting Comments Please include Docket ID NRC–2019– 0113 in your comment submission. The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http:// www.regulations.gov as well as enters the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information. If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS. A. Obtaining Information Please refer to Docket ID NRC–2019– 0113 when contacting the NRC about the availability of information regarding this action. You may obtain publicallyavailable 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–2019–0113. • 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 DG is electronically available in ADAMS under Accession No. ML18312A242. The related working draft of Nuclear Energy Institute (NEI) 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 ‘‘Guidance for a Technology-Inclusive, Risk-Informed, and Performance-Based Methodology to Inform the Licensing Basis and Content of Applications for Licenses, Certifications, and Approvals for NonLight Water Reactors,’’ is a proposed new RG. The proposed new RG is temporarily identified by its task number, DG–1353. The proposed new RG endorses, with clarifications, the principles and methodology in NEI 18– PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 Federal Register / Vol. 84, No. 86 / Friday, May 3, 2019 / Notices amozie on DSK9F9SC42PROD with NOTICES 04, ‘‘Risk-Informed Performance-Based Guidance for Non-Light Water Reactor Licensing Basis Development,’’ as one acceptable method for determining the appropriate scope and level of detail for parts of applications for licenses, certifications, and approvals for nonLWRs. NEI 18–04 outlines an approach for use by reactor developers to select licensing basis events; classify structures, systems, and components; determine special treatments and programmatic controls; and assess the adequacy of a design in terms of providing layers of defense in depth. The methodology described in NEI 18– 04 and the draft RG also provide a general methodology for identifying an appropriate scope and depth of information to be provided in applications to the NRC for licenses, certifications, and approvals for nonLWRs. III. Backfitting and Issue Finality Draft regulatory guide, DG–1353, if finalized as a new regulatory guide, would provide guidance for informing the licensing basis and content of applications for non-LWRs. The selection of licensing-basis events; classification and special treatments of structures, systems, and components; and assessment of defense in depth are fundamental to the safe design of nonLWRs. These activities also support identifying the appropriate scope and depth of information provided in applications for licenses, certifications, and approvals required under part 50 of title 10 of the Code of Federal Regulations (10 CFR), ‘‘Domestic Licensing of Production and Utilization Facilities,’’ and 10 CFR part 52, ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants.’’ The methodology outlined in DG–1353 and NEI 18–04 provide guidance intended to support the design and licensing of nonLWRs. The DG, if finalized, would not constitute regulatory requirements. For this reason, issuance of DG–1353, if finalized, would not constitute backfitting under 10 CFR 50.109 (the ‘‘Backfit Rule’’). Future applicants may choose to follow the guidance or utilize another approach in developing applications for licenses, certifications, or approvals. 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. 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 which substantially changes VerDate Sep<11>2014 16:41 May 02, 2019 Jkt 247001 the expectations of current and future applicants. Therefore, the positions in any regulatory guide, if imposed on applicants under 10 CFR 50.34(a)(3), 52.47(a)(3), 52.79(a)(4), 52.137(a)(3), or 52.157(a), would not represent backfitting or a violation of issue finality (except as discussed below). The exceptions to the general principle are applicable whenever a combined license applicant references a 10 CFR part 52 license (i.e., an early site permit or a manufacturing license) and/ or 10 CFR part 52 regulatory approval (i.e., a design certification rule or design approval). There are no current nonLWR applicants or holders of licenses or design certifications for non-LWR designs. Therefore, issuance of DG–1353 in final form would not constitute a violation of issue finality. Dated at Rockville, Maryland, this 30th day of April, 2019. For the Nuclear Regulatory Commission. Thomas H. Boyce, Chief, Regulatory Guidance and Generic Issues Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. 2019–09089 Filed 5–2–19; 8:45 am] BILLING CODE 7590–01–P POSTAL SERVICE Temporary Emergency Committee of the Board of Governors; Sunshine Act Meeting Thursday, May 9, 2019, at 11:00 a.m.; and Friday, May 10, 2019, at 9:00 a.m. PLACE: Indianapolis, Indiana, at the Hyatt Regency Indianapolis Hotel, 1 South Capitol Avenue, Indianapolis, Indiana 46204, in the Cosmopolitan A Room. STATUS: Thursday, May 9, 2019, at 11:00 a.m.–Closed; Friday, May 10, 2019, at 9:00 a.m.–Open. MATTERS TO BE CONSIDERED: 19133 3. Approval of Minutes of Previous Meetings. 4. Committee Reports. 5. Quarterly Financial Report. 6. Quarterly Service Performance Report. 7. Approval of Tentative Agenda for August meetings. A public comment period will begin immediately following the adjournment of the open session on May 10, 2019. During the public comment period, which shall not exceed 30 minutes, members of the public may comment on any item or subject listed on the agenda for the open session above. Registration of speakers at the public comment period is required. Speakers may register online at https:// www.surveymonkey.com/r/BOG-5-1019. Onsite registration will be available until thirty minutes before the meeting starts. No more than three minutes shall be allotted to each speaker. The time allotted to each speaker will be determined after registration closes. Participation in the public comment period is governed by 39 CFR 232.1(n). CONTACT PERSON FOR MORE INFORMATION: Acting Secretary of the Board, U.S. Postal Service, 475 L’Enfant Plaza SW, Washington, DC 20260–1000. Telephone: (202) 268–4800. Michael J. Elston, Acting Secretary. [FR Doc. 2019–09247 Filed 5–1–19; 4:15 pm] BILLING CODE 7710–12–P DATES AND TIMES: Thursday, May 9, 2019, at 11:00 a.m. (Closed) 1. Strategic Issues. 2. Financial Matters. 3. Compensation and Personnel Matters. 4. Executive Session—Discussion of prior agenda items and Board governance. Friday, May 10, 2019, at 9:00 a.m. (Open) 1. Remarks of the Chairman of the Temporary Emergency Committee of the Board. 2. Remarks of the Postmaster General and CEO. PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 SECURITIES AND EXCHANGE COMMISSION [Release No. 34–85744; File No. SR–BOX– 2019–14] Self-Regulatory Organizations; BOX Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule on the BOX Options Market LLC (‘‘BOX’’) Facility To Modify Its Strategy QOO Order Fee Cap and Rebate April 29, 2019. Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’),1 and Rule 19b–4 thereunder,2 notice is hereby given that on April 17, 2019, BOX Exchange LLC (the ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. E:\FR\FM\03MYN1.SGM 03MYN1

Agencies

[Federal Register Volume 84, Number 86 (Friday, May 3, 2019)]
[Notices]
[Pages 19132-19133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09089]


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NUCLEAR REGULATORY COMMISSION

[NRC-2019-0113]


Guidance for a Technology-Inclusive, Risk-Informed, and 
Performance-Based Methodology To Inform the Licensing Basis and Content 
of Applications for Licenses, Certifications, and Approvals for Non-
Light Water Reactors

AGENCY: Nuclear Regulatory Commission.

ACTION: Draft regulatory guide; request for comment.

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

SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing for 
public comment draft regulatory guide (DG), DG-1353, ``Guidance for a 
Technology-Inclusive, Risk-Informed, and Performance-Based Methodology 
to Inform the Licensing Basis and Content of Applications for Licenses, 
Certifications, and Approvals for Non-Light Water Reactors.'' This DG 
proposes new guidance for designers, applicants, and licensees of non-
light water cooled nuclear reactors (non-LWRs) to inform the licensing 
basis and content of applications submittals to the NRC for licenses, 
certifications, or approvals. The DG provides guidance on using a 
technology-inclusive, risk-informed, and performance-based methodology 
to inform the licensing basis and content of applications for licenses, 
certifications, and approvals for non-LWRs.

DATES: Submit comments by July 2, 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 http://www.regulations.gov and search for Docket ID NRC-2019-0113. Address 
questions about NRC docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. 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 Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
    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: William Reckley, Office of New 
Reactors, telephone: 301-415-7490, email: [email protected], or 
Stanley Gardocki, Office of Nuclear Regulatory Research, telephone: 
301-415-1067, email: [email protected]. Both are staff of the 
U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION:

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2019-0113 when contacting the NRC 
about the availability of information regarding this action. You may 
obtain publically-available 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-2019-0113.
     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 [email protected]. The DG is electronically available in ADAMS 
under Accession No. ML18312A242. The related working draft of Nuclear 
Energy Institute (NEI) guidance document NEI 18-04, ``Risk-Informed 
Performance-Based Guidance for Non-Light Water Reactor Licensing Basis 
Development,'' is available in ADAMS under Accession No. ML18271A172. 
The regulatory analysis for this DG is available in ADAMS under 
Accession No. ML18325A214.
     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-2019-0113 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as enters the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment submissions into ADAMS.

II. Additional Information

    The NRC is issuing for public comment a DG in the NRC's 
``Regulatory Guide'' series. This series was developed to describe and 
make available to the public information regarding methods that are 
acceptable to the NRC staff for implementing specific parts of the 
NRC's regulations, techniques that the staff uses in evaluating 
specific issues or postulated events, and data that the staff needs in 
its review of applications for permits and licenses.
    The DG, entitled ``Guidance for a Technology-Inclusive, Risk-
Informed, and Performance-Based Methodology to Inform the Licensing 
Basis and Content of Applications for Licenses, Certifications, and 
Approvals for Non-Light Water Reactors,'' is a proposed new RG. The 
proposed new RG is temporarily identified by its task number, DG-1353. 
The proposed new RG endorses, with clarifications, the principles and 
methodology in NEI 18-

[[Page 19133]]

04, ``Risk-Informed Performance-Based Guidance for Non-Light Water 
Reactor Licensing Basis Development,'' as one acceptable method for 
determining the appropriate scope and level of detail for parts of 
applications for licenses, certifications, and approvals for non-LWRs. 
NEI 18-04 outlines an approach for use by reactor developers to select 
licensing basis events; classify structures, systems, and components; 
determine special treatments and programmatic controls; and assess the 
adequacy of a design in terms of providing layers of defense in depth. 
The methodology described in NEI 18-04 and the draft RG also provide a 
general methodology for identifying an appropriate scope and depth of 
information to be provided in applications to the NRC for licenses, 
certifications, and approvals for non-LWRs.

III. Backfitting and Issue Finality

    Draft regulatory guide, DG-1353, if finalized as a new regulatory 
guide, would provide guidance for informing the licensing basis and 
content of applications for non-LWRs. The selection of licensing-basis 
events; classification and special treatments of structures, systems, 
and components; and assessment of defense in depth are fundamental to 
the safe design of non-LWRs. These activities also support identifying 
the appropriate scope and depth of information provided in applications 
for licenses, certifications, and approvals required under part 50 of 
title 10 of the Code of Federal Regulations (10 CFR), ``Domestic 
Licensing of Production and Utilization Facilities,'' and 10 CFR part 
52, ``Licenses, Certifications, and Approvals for Nuclear Power 
Plants.'' The methodology outlined in DG-1353 and NEI 18-04 provide 
guidance intended to support the design and licensing of non-LWRs.
    The DG, if finalized, would not constitute regulatory requirements. 
For this reason, issuance of DG-1353, if finalized, would not 
constitute backfitting under 10 CFR 50.109 (the ``Backfit Rule''). 
Future applicants may choose to follow the guidance or utilize another 
approach in developing applications for licenses, certifications, or 
approvals. 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. 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 which 
substantially changes the expectations of current and future 
applicants. Therefore, the positions in any regulatory guide, if 
imposed on applicants under 10 CFR 50.34(a)(3), 52.47(a)(3), 
52.79(a)(4), 52.137(a)(3), or 52.157(a), would not represent 
backfitting or a violation of issue finality (except as discussed 
below).
    The exceptions to the general principle are applicable whenever a 
combined license applicant references a 10 CFR part 52 license (i.e., 
an early site permit or a manufacturing license) and/or 10 CFR part 52 
regulatory approval (i.e., a design certification rule or design 
approval). There are no current non-LWR applicants or holders of 
licenses or design certifications for non-LWR designs. Therefore, 
issuance of DG-1353 in final form would not constitute a violation of 
issue finality.

    Dated at Rockville, Maryland, this 30th day of April, 2019.

    For the Nuclear Regulatory Commission.
Thomas H. Boyce,
Chief, Regulatory Guidance and Generic Issues Branch, Division of 
Engineering, Office of Nuclear Regulatory Research.
[FR Doc. 2019-09089 Filed 5-2-19; 8:45 am]
BILLING CODE 7590-01-P